| Isaac Ovadiah v Ivy Prop. Mgt., Inc. & Dept. of Hous. Preserv. & Dev. |
| Motion No: 2017-00799 KC |
| Slip Opinion No: 2018 NY Slip Op 81827(U) |
| Decided on August 20, 2018 |
| 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Isaac Ovadiah, Appellant, v Ivy Property Management, Inc. and Department of Housing Preservation and Development, Respondents. |
Appeal, as limited by the brief, from so much of an order of the Civil Court of the City of New York, Kings County, entered March 22, 2017, as awarded respondent Ivy Property Management, Inc. costs of $400.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Any right of direct appeal from the intermediate order terminated with the entry of a judgment on April 20, 2018 (see Matter of Aho, 39 NY2d 241, 248 [1976]). In addition, it appears that the award of costs was made sua sponte. No appeal as of right lies from a sua sponte order (see CCA 1701 [a] [2]; Sholes v Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted. The issues sought to be raised on the appeal from the order may be brought up for review and considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
ENTER:
Paul Kenny
Chief Clerk