117 AD3d 621, 985 N.Y.S.2d 875 [1st Dept., 2014]
There is no appeal as of right from an order made sua sponte, and an appeal taken from such an order is subject to dismissal. That does not mean, however, that there is no avenue of redress. The proper avenue is to move on notice to vacate the sua sponte order, and if the motion is denied to appeal from the denial.
Here, Supreme Court, sua sponte, reinstated an order dismissing the complaint on forum non conveniens grounds. (The sequence of events leading to the reinstatement is not specified in the decision.) The plaintiff failed to move to vacate the sua sponte order, and the attempted appeal from the sua sponte order itself was dismissed as not being from an appealable paper. Read More