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BUDWILOWITZ v. MARC NICHOLS ASSOC.

Index No. 101292/16. Appeal No. 13967. Case No. 2020-00857.

195 A.D.3d 404 (2021)

144 N.Y.S.3d 578

2021 NY Slip Op 03402

Robert Budwilowitz, Appellant, v. Marc Nichols Associates et al., Respondents.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Robert Budwilowitz, appellant pro se.

Concur—Gische, J.P., Webber, Singh, Kennedy, JJ.

The sua sponte order is not appealable as of right (see CPLR 5701[a][2]; Sholes v Meagher, 100 N.Y.2d 333, 335 [2003]). Plaintiff's remedy was to move to vacate the order, and if that was denied, to appeal the denial of his motion to vacate (id.; see also Figiel v Met Food, 48 A.D.3d 330 [1st...

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