| Ilya Kheyn v Svetlana Vitovska |
| Motion No: 2018-02265 KC |
| Slip Opinion No: 2020 NY Slip Op 64501(U) |
| Decided on March 3, 2020 |
| 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
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
| Ilya Kheyn, Respondent, v Svetlana Vitovska, Appellant, et al., Tenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 4, 2018. The order, insofar as appealed from, sua sponte granted respondent certain relief.
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.
Appellant's remedy, if she 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