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MILTON v. 305/72 OWNERS CORP.

19 A.D.3d 133 (2005)

796 N.Y.S.2d 344

THOMAS P. MILTON, Appellant, v. 305/72 OWNERS CORP., Respondent.

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

June 2, 2005.

The dismissal order is not appealable as of right because it did not decide a motion made on notice, and the record is devoid of any subsequent motion to vacate that would have properly placed the issue before this Court (Serradilla v Lords Corp., 12 A.D.3d 279 [2004]). However, in the interest of judicial economy, we, sua sponte, deem the notice of appeal to be a motion for leave to appeal, and grant such leave (id.; CPLR...

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