Although the sua sponte dismissal of an action is not appealable as of right, pursuant to CPLR 5701[a][2], the Appellate Division may deem the notice of appeal from that portion of an order to be a motion for leave to appeal, and grant such leave.
558 Seventh Ave. Corp. v. Times Sq. Photo Inc., NY Slip Op 03244 (1st Dep't May 20, 2021)
