A court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal. A court may not sua sponte dismiss a complaint for failure to move for a judgment of foreclosure and sale by an arbitrary date set by the court. In order to obtain appellate review of an order or portion of an order issued sua sponte, a party may move to vacate the order or portion of the order and appeal as of right to the Appellate Division if the motion to vacate is denied.
James B. Nutter & Co. v. Heirs and Distributees of the Estate of Rose Middleton, NY Slip Op 03472 (2d Dep't June 26, 2024)
