There is no appeal as of right from a sua sponte order. The proper course is to move the motion court to vacate the order or to seek leave to appeal from the Appellate Division. Here, in light of counsel's repeated failure to properly prosecute this action, which would largely benefit his law firm, the Appellate Division declines to deem the notice of appeal a motion for leave to appeal in the interest of justice.
Beltran v. Commercial Bldg. Maintenance Corp., NY Slip Op 04115 (1st Dep't June 28, 2022)
