June 14, 2020

Appellate practice.

An order issued sua sponte is not appealable as of right, pursuant to CPLR 5701[a][2]. Plaintiffs' remedy is to move to vacate the court's order, and, if the motion is denied, appeal from the order, pursuant to CPLR 5701[a][3].

Hall v. Louis, NY Slip Op 03268 (1st Dep't June 11, 2020)

Here is the decision.