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NEW GLOBALTEX CO., LTD. v. LIN

9536, 152361/13.

173 A.D.3d 434 (2019)

99 N.Y.S.3d 632

2019 NY Slip Op 04456

New Globaltex Co., Ltd., Appellant, v. Zhe Lin, Respondent, et al., Defendant.

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

Decided June 6, 2019.

An order issued sua sponte is not appealable as of right (see Sholes v Meagher, 100 N.Y.2d 333, 335 [2003]). However, given the nature of the motion court's sua sponte relief in dismissing the complaint pursuant to CPLR 3215(c), we deem the notice of appeal to be a motion for leave to appeal, and grant such leave (see Ray v Chen, 148 A.D.3d 568 [1st Dept 2017]; CPLR 5701[c]).

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