PAUL RYAN PLAINTIFF APPELLANT v. SUSAN CUNNINGHAM ALAN LINCOLN NANCY KERRIGAN CHARLIE BERNET KRISTA TASKEY DIANA MARLEY DAVID SMART HUNTWOOD HOMEOWNERS ASSOCIATION PROPERTY MANAGEMENT ALLIANCE LLC AND MURRAY LANDSCAPING DEFENDANTS RESPONDENTS (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

PAUL RYAN, PLAINTIFF-APPELLANT, v. SUSAN CUNNINGHAM, ALAN LINCOLN, NANCY KERRIGAN, CHARLIE BERNET, KRISTA TASKEY, DIANA MARLEY, DAVID SMART, HUNTWOOD HOMEOWNERS ASSOCIATION, PROPERTY MANAGEMENT ALLIANCE, LLC, AND MURRAY LANDSCAPING, DEFENDANTS-RESPONDENTS.

332 Decided: June 26, 2026

PRESENT: LINDLEY, J.P., BANNISTER, MONTOUR, GREENWOOD, AND HANNAH, JJ.

PAUL RYAN, PLAINTIFF-APPELLANT PRO SE. CERIO LAW OFFICES, SYRACUSE (DAVID W. HERKALA OF COUNSEL), FOR DEFENDANT-RESPONDENT SUSAN CUNNINGHAM. SMITH SOVIK KENDRICK & SUGNET P.C., SYRACUSE (GARDAR G. OLAFSSON OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ALAN LINCOLN, NANCY KERRIGAN, CHARLIE BERNET, KRISTA TASKEY, DIANA MARLEY AND HUNTWOOD HOMEOWNERS ASSOCIATION.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Plaintiff appeals from an order insofar as it denied his application for an order to show cause seeking the removal of a wall erected adjacent to a back deck by his adjoining townhome neighbor. We conclude that the appeal must be dismissed because “no appeal lies ․ from the denial of an application to sign an order to show cause” (Quattrone v Erie 2 Chautauqua-Cattaraugus Bd. of Coop. Educ. Servs., 243 AD3d 1337, 1338 [4th Dept 2025] [internal quotation marks omitted]; see M.B. v F.B., 235 AD3d 497, 498 [1st Dept 2025], lv denied 44 NY3d 901 [2025]).

Entered: June 26, 2026

Ann Dillon Flynn

Clerk of the Court

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