There is no appeal as of right from an order that is not made on notice.
Chen v. Romona Keveza Collection LLC, NY Slip Op 04702 (1st Dep't July 26, 2022)
In this foreclosure action, the plaintiff's mailing of a 90-day notice did not comply with RPAPL 1304. Although defendants failed to raise this point before the motion court, the issue of plaintiffs' strict compliance with the statute was before the motion court and the noncompliant nature of the notice may be addressed on appeal, as the deficiency is apparent on the face of the record and could not have been avoided if it had been brought to the court's attention at the time.
U.S. Bank N.A. v. Maioriello, NY Slip Op 04706 (1st Dep't July 26, 2022)
