| Daryl C. Smith v Kareema Murphy Mcdowell |
| Motion No: 2019-00837 KC |
| Slip Opinion No: 2019 NY Slip Op 72559(U) |
| Decided on June 4, 2019 |
| 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
| Daryl C. Smith, Appellant, v Kareema Murphy McDowell, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 6, 2019. The order, upon a motion by respondent to vacate a judgment of that court entered October 15, 2018 upon respondent's default under a stipulation of settlement, sua sponte dismissed the complaint.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal as of right lies from a sua sponte order (see CCA 1702 [a] [2]; CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted.
Plaintiff's remedy, if he be so advised, is to appeal from the Civil Court's order dated May 10, 2019, which denied his motion, in effect, to vacate the sua sponte order.
ENTER:
Paul Kenny
Chief Clerk