UNANUE v. LEON RENNERT


39 A.D.3d 289 (2007)

831 N.Y.S.2d 904

LILIANE UNANUE, Appellant, v. IRA LEON RENNERT et al., Respondents.

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

Decided April 10, 2007.


No appeal as of right lies from a sua sponte order (Sholes v Meagher, 100 N.Y.2d 333, 335 [2003]). If the matter is to be reviewed, plaintiff should move to vacate the sua sponte order (see CPLR 5701 [a] [3]) so as to create a suitable appellate record and afford counsel the opportunity to be heard on the issues (see Davidson v Regan Fund Mgt. Ltd., 15 A.D...

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