Opinion
July 12, 1985
Appeal from the Supreme Court, Onondaga County, Miller, J.
Present — Dillon, P.J., Doerr, Boomer, Green and Pine, JJ.
Judgment, insofar as appealed from, unanimously reversed, on the law, without costs, in accordance with the following memorandum: Special Term lacked authority to grant sua sponte relief ( see, Ressis v. Mactye, 98 A.D.2d 836; De Pan v. First Natl. Bank, 98 A.D.2d 885, 886). There is no stipulation in the record permitting the court to ignore proper procedure.