Maksymowicz v. Weisman

Appeal from order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about December 14, 2012, which declined to sign an order to show cause, unanimously dismissed, without costs, as taken from a nonappealable order.

Supreme Court’s refusal to sign the subject order to show cause is not appealable (CPLR 5701 [a] [2]; see e.g. Naval v American Arbitration Assn., 83 AD3d 423 [1st Dept 2011]).

In any event, the court properly declined to sign the order since petitioner sought to enforce a prior order, dated February 2, 2006, which contains no directive that petitioner may enforce.…