| Ye Holdings, LLC v Adina Tova Tulkoff |
| Motion No: 2018-01136 KC |
| Slip Opinion No: 2019 NY Slip Op 79463(U) |
| Decided on September 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
| YE Holdings, LLC, Appellant, v Adina Tova Tulkoff, Respondent, et al., Tenants, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 5, 2018. The order sua sponte vacated a judgment of that court entered November 25, 2015 and denied, in effect as academic, appellant's motion to punish respondent for civil contempt.
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]); CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted.
Appellant's remedy, if it be so advised, is to move in the Civil Court to set aside the sua sponte order and, if necessary, appeal from the order determining that motion.
ENTER:
Paul Kenny
Chief Clerk