Practice point: The sua sponte dismissal of the complaint is not appealable as of right, pursuant to CPLR 5701[a][2]. However, pursuant to 5701[c], the Appellate Division may deem the notice of appeal to be a motion for leave to appeal, and grant the motion.
Case: All Craft Fabricators, Inc. v. ATC Assoc., Inc., NY Slip Op 06595 (1st Dep't September 26, 2017)
Here is the decision.
