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In the Matter of Robert I. Reed, Appellant, v. Brian Fischer, as Commissioner of Corrections and Community Supervision, et al., Respondents

New York Supreme Court, Appellate Division2012-02-02
92 A.D.3d 1001937 N.Y.S.2d 640

Authorities cited

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Opinion

majority opinion

It is well settled that no appeal lies from the denial of an ex parte application for an order to show cause (see Matter of Tafari v Rock, 85 AD3d 1485 [2011], lv dismissed 17 NY3d 949 [2011]; Matter of Harris v Travis, 302 AD2d 649, 650 [2003]). Consequently, the appeal must be dismissed.

Mercure, A.P.J., Rose, Lahtinen, Stein and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.