There is no appeal as of right from the portion of the order sua sponte dismissing the complaint, pursuant to CPLR 5701[a][2]. However, the Appellate Division may deem the notice of appeal from that branch of the order a motion for leave to appeal, and grant leave, pursuant to CPLR 5701[c].
D'Arata v. NY Post, NY Slip Op 01232 (1st Dep't March 9, 2023)
