| 690 Ocean Pkwy, LLC v Yehudah Rubenstein |
| Motion No: 2017-01033 KC |
| Slip Opinion No: 2017 NY Slip Op 75865(U) |
| Decided on May 26, 2017 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| 690 Ocean Pkwy, LLC, Respondent, v Yehudah Rubenstein, Appellant, et al., Undertenants. |
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