| Suleyman Yeniler v Maria S. Rust & Henricus M. Rust |
| Motion No: 2007-01254 KC 12-07-2007 |
| Slip Opinion No: 2007 NYSlipOp 87008(U) |
| Decided on December 19, 2007 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| SULEYMAN YENILER, Plaintiff, -against- MARIA S. RUST and HENRICUS M. RUST, Respondents. |
DECISION
Motion by respondents to dismiss the appeal is granted.
Cross motion by plaintiff for leave to appeal is denied.
No appeal as of right lies from a trial court's sua sponte order (see Sholes v Meagher, 100 NY2d 333 [2003]).
Plaintiff, if he be so advised, may move to vacate the order dated June 18, 2007 in the court below, and if necessary, take an appeal from an order resulting in an adverse determination.