Opinion
Motion No: 2017-01033 KC
05-26-2017
690 Ocean Pkwy, LLC, Respondent, v. Yehudah Rubenstein, Appellant, et al., Undertenants.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 21, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal as of right lies from the Civil Court's sua sponte order (see CCA 1702 [a] [2]; Scholes v Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted.
Appellant's remedy, if he be so advised, is to move in the Civil Court to vacate the sua sponte order and, if necessary, appeal from the determination of that motion.
ENTER:
Paul Kenny
Chief Clerk