MAGLIORE v. BARBER


283 A.D.2d 614 (2001)

725 N.Y.S.2d 870

IVAN MAGLIORE, Respondent, v. COLEMAN BARBER et al., Appellants.

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

Decided May 29, 2001.


Ordered that the appeal from so much of the order as, sua sponte, directed the defendants to interpose an answer within 30 days is dismissed, as no appeal lies as of right from an order entered sua sponte, and leave to appeal has not been granted; and it is further,

Ordered that the order is affirmed insofar as reviewed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiff's motion for leave to vacate his...

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