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PERSON v. EINHORN

44 A.D.3d 363 (2007)

841 N.Y.S.2d 869

CARL E. PERSON et al., Appellants, v. MICHAEL A. EINHORN, Respondent, et al., Defendants.

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

Decided October 4, 2007.

There is no right of appeal from an order entered sua sponte (Sholes v Meagher, 100 N.Y.2d 333 [2003]). The proper procedure should have been for the plaintiff to move to vacate the order and appealed as of right if that motion was denied (CPLR 5701 [a] [3]). Given questions surrounding the status of the arbitration hearing, this procedure ensures that the appeal will be made on a suitable...

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