Opinion
DOCKET NO. CA 18-01254
08-22-2018
PAULA L. GIBBS, PLAINTIFF-APPELLANT, v. STATE FARM FIRE AND CASUALTY COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
PRESENT:
Respondent having moved, pursuant to CPLR 5701 (a) (2), to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 21, 2018, on the ground that the order is not appealable,
Now, upon reading and filing the affirmation of Roy A. Mura, Esq., dated July 3, 2018, the notice of motion with proof of service thereof, and the affidavit of Paula L. Gibbs, Esq., sworn to July 13, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and appeal No. 2 is dismissed on the ground that the order appealed was entered sua sponte, and there is no right of appeal from an order entered sua sponte, (see CPLR 5701 (a) (2); Sholes v Meagher, 100 NY2d 333, 335-336 [2003]; BAC Home Loans Servicing, LP v Funk, 154 AD3d 1244, 1245-1246 [3d Dept 2017]).
Entered: August 22, 2018
Mark W. Bennett, Clerk