Practice point: An order that was issued sua sponte is not appealable as of right.
Practitioners should note that a motion is a request for an order, pursuant to CPLR 2211, and a letter simply requesting a telephone conference with the court does not serve as a notice of motion.
Case: Reyes v. Sequeira, NY Slip Op 05986 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
