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BLAKE v. BLAKE

5224. 300484/15.

156 A.D.3d 523 (2017)

65 N.Y.S.3d 454

2017 NY Slip Op 08738

MARIA BLAKE, Appellant, v. GREGORY BLAKE, Respondent.

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

Decided December 14, 2017.

A sua sponte order is not appealable as of right (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 N.Y.2d 333, 335 [2003]). However, given the extraordinary nature of the sua sponte relief, that is, dismissal of the complaint, the parties' competing claims, and the court's failure to identify a legal basis for dismissing the complaint other than that an action between the parties was pending in New Jersey seeking the same relief...

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