| Budwilowitz v Marc Nichols Assoc. |
| 2021 NY Slip Op 03402 [195 AD3d 404] |
| June 1, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Robert Budwilowitz, Appellant, v Marc Nichols Associates et al., Respondents. |
Robert Budwilowitz, appellant pro se.
Appeal from order, Supreme Court, New York County (Robert R. Reed, J.), entered October 11, 2019, which sua sponte dismissed the complaint for failure to comply with a prior order, unanimously dismissed, without costs.
The sua sponte order is not appealable as of right (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335 [2003]). Plaintiff's remedy was to move to vacate the order, and if that was denied, to appeal the denial of his motion to vacate (id.; see also Figiel v Met Food, 48 AD3d 330 [1st Dept 2008]). Concur—Gische, J.P., Webber, Singh, Kennedy, JJ.