Leonardo v. Aaron

Summary

The Appellate Division, First Department dismissed an appeal from an order declining to sign a defendant's order to show cause seeking dismissal of a judgment of divorce. The court held that no appeal lies from an order refusing to sign an ex parte order to show cause and, alternatively, that the appeal was subject to dismissal because the record was incomplete.

Holdings

1. An order refusing to sign an order to show cause is not appealable because an order to show cause is ex parte and does not decide a motion made on notice.
2. Even if the unsigned order to show cause were appealable, the appeal must be dismissed when the record is entirely incomplete and does not include the underlying motion.

Questions Presented

1. Whether an appeal lies from an order refusing to sign an ex parte order to show cause.
2. Whether the appeal should be dismissed because the appellate record was entirely incomplete.

Disposition

dismissed