January 22, 2022

Appellate practice.

An order issued sua sponte is not appealable as of right, pursuant to CPLR 5701[a][2]. However, the Appellate Division may deem the notice of appeal a motion for leave to appeal, and grant leave, pursuant to CPLR 5701[c].

A&L 1664 LLC v. Jaspar Hospitality LLC, NY Slip Op 00264 (1st Dep't January 18, 2022)

Here is the decision.