Opinion
2021-03402 2020-00857
06-01-2021
Robert Budwilowitz, Plaintiff-Appellant, v. Marc Nichols Associates, et al., Defendants-Respondents. Index No. 101292/16 Appeal No. 13967
Robert Budwilowitz, appellant pro se.
Robert Budwilowitz, appellant pro se.
Before: Gische, J.P., Webber, Singh, Kennedy, JJ.
Appeal from order, Supreme Court, New York County (Robert R. Reed, J.), entered October 11, 2019, which sua sponte dismissed the complaint for failure to comply with a prior order, unanimously dismissed, without costs.
The sua sponte order is not appealable as of right (see CPLR 5701[a][2]; Sholes v Meagher, 100 N.Y.2d 333, 335 [2003]). Plaintiff's remedy was to move to vacate the order, and if that was denied, to appeal the denial of his motion to vacate (id; see also Figiel v Met Food, 48 A.D.3d 330 [1st Dept 2008]).