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DIAZ v. NEW YORK MERCANTILE EXCHANGE

1 A.D.3d 242 (2003)

768 N.Y.S.2d 5

JOSE DIAZ, Appellant, v. NEW YORK MERCANTILE EXCHANGE et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

November 20, 2003.

The appeal as of right, taken from a sua sponte order not made upon notice, must be dismissed (CPLR 5701 [a] [2]; Sholes v Meagher, 100 N.Y.2d 333 [2003]). This is true, notwithstanding that the judgment eventually was entered "on motion" of counsel for defendants New York Mercantile Exchange and Turner Construction Co. and that the court entertained brief oral argument (see id. at 335). In any event, only a sparse record...

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