On October 20, 2026, the First Department issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 06080, holding that a movant cannot appeal the refusal to sign an order to show cause, explaining:
No appeal lies from an order declining to sign an order to show cause, since it is an ex parte order that does not decide a motion made on notice. We decline to grant leave to appeal in the interest of justice as the fact that plaintiffs have expended resources to perfect this appeal is not the type of unique circumstance that warrants such relief.
(Internal quotations and citations omitted).