Opinion
2014-05-27
Michael Chia Hock MENG, Plaintiff–Appellant, v. Julie Lynn ALLEN, Defendant–Respondent.
Willkie Farr & Gallagher LLP, New York (Mary J. Eaton of counsel), for appellant. Dobrish Michaels Gross LLP, New York (David Elbaum of counsel), for respondent.
Willkie Farr & Gallagher LLP, New York (Mary J. Eaton of counsel), for appellant. Dobrish Michaels Gross LLP, New York (David Elbaum of counsel), for respondent.
Appeal from order, Supreme Court, New York County (Laura Drager, J.), entered May 28, 2013, which sua sponte reinstated an order entered December 20, 2011 granting defendant's motion to dismiss the complaint on the ground of forum non conveniens, unanimously dismissed, without costs, as taken from a nonappealable paper.
A sua sponte order is not appealable as of right ( Unanue v. Rennert, 39 A.D.3d 289, 290, 831 N.Y.S.2d 904 [1st Dept.2007] ), and this Court denied plaintiff's motion for leave to appeal. Plaintiff could move before the trial court to vacate the sua sponte order, and possibly appeal as of right from any subsequent denial of that motion (CPLR 5701[a][2] and [3] ), but he has not done so. SWEENY, J.P., ACOSTA, RENWICK, ANDRIAS, FREEDMAN, JJ., concur.