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DRISCOLL v. DELAROSA

57 A.D.3d 317 (2008)

868 N.Y.S.2d 529

MICHAEL DRISCOLL, Appellant, v. NEYDA DELAROSA, Defendant, and NEW YORK STATE ATTORNEY GENERAL LITIGATION UNIT, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

December 16, 2008.

An order declining to sign an order to show cause is not appealable (CPLR 5701 [a] [2]; Heath v Wojtowicz, 48 A.D.3d 214 [2008], lv denied 10 N.Y.3d 708 [2008]). We would add that to the extent plaintiff seeks damages against the State, Supreme Court lacks subject matter jurisdiction (Court of Claims Act §§ 8, 9; Pollicina v Misericordia Hosp. Med. Ctr., 82 N.Y.2d 332, 339...

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