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SENA v. NATIONWIDE MUT. FIRE INS. CO.

198 A.D.2d 345 (1993)

603 N.Y.S.2d 173

Michael Sena et al., Appellants, v. Nationwide Mutual Fire Insurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 15, 1993

Ordered that on the Court's own motion, the plaintiffs' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, and the complaint is reinstated.

Ordinarily, an order issued sua sponte which does not decide a motion on notice, is not appealable as of right and an appeal therefrom is subject to dismissal...

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