Where an order, sua sponte, dismissed the complaint, that portion of the order is not appealable as of right. However, in the interest of deciding appeals on the merits, the Appellate Division may deem the notice of appeal to be a motion for leave to appeal, and grant leave.
BAC Home Loan Servicing, LP v. Moreno, NY Slip Op 02377 (1st Dep't April 23, 2020)
Here is the decision.
