Fairley v. West

Appellate Division of the Supreme Court of New York

Fairley v. West

2017 NY Slip Op 6596, 153 A.D.3d 1160, 60 N.Y.S.3d 661

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 26, 2017

Docket4439 102474/12

StatusPublished

This text of 2017 NY Slip Op 6596 (Fairley v. West) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fairley v. West, 2017 NY Slip Op 6596, 153 A.D.3d 1160, 60 N.Y.S.3d 661 (N.Y. Ct. App. 2017).

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Opinion

Appeal from order, Supreme Court, New York County (Kathryn Freed, J.), entered October 15, 2015, which, sua sponte, dismissed the action, unanimously dismissed, without costs.

An order issued sua sponte is not appealable as of right (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335 [2003]). Plaintiff’s remedy is to move to vacate the court’s order, should her claims have merit.

Concur — Friedman, J.P., Renwick, Andrias, Moskowitz and Gesmer, JJ.

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Appeal from order, Supreme Court, New York County (Kathryn Freed, J.), entered October 15, 2015, which, sua sponte, dismissed the action, unanimously dismissed, without costs.

An order issued sua sponte is not appealable as of right (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335 [2003]). Plaintiff’s remedy is to move to vacate the court’s order, should her claims have merit.

Concur — Friedman, J.P., Renwick, Andrias, Moskowitz and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 6596, 153 A.D.3d 1160, 60 N.Y.S.3d 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fairley-v-west-nyappdiv-2017.

Opinion

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