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UNANUE v. LEON
Appellate Division of the Supreme Court of New York, First Department.
Apr 10, 2007
Important Paras
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No appeal as of right lies from a sua sponte order ( Sholes v Meagher, 100 NY2d 333, 335). If the matter is to be reviewed, plaintiff should move to vacate the sua sponte order ( see CPLR 5701 [a] [3]) so as to create a suitable appellate record and afford counsel the opportunity to be heard on the issues ( see Davidson v Regan Fund Mgt. Ltd., 15 AD3d 172).
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