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Appellate Term, Second Department:September 12, 2019

Appellate Term, Second Department:September 12, 2019

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Second, Eleventh and Thirteenth JudicIal Districts Cases Released on: September 12, 2019

By: Pesce, P.J., Aliotta, Elliot, JJ. 2018-1136 K C. YE HOLDINGS, LLC v. TULKOFF — Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 5, 2018. The order sua sponte vacated a judgment of that court entered November 25, 2015 and denied, in effect as academic, appellant’s motion to punish respondent for civil contempt. On the court’s own motion, it is ORDERED that the appeal is dismissed, as no appeal as of right lies from the Civil Court’s sua sponte order (see CCA 1702 [a] [2]); CPLR 2211; Sholes v. Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted. Appellant’s remedy, if it be so advised, is to move in the Civil Court to set aside the sua sponte order and, if necessary, appeal from the order determining that motion. September 4, 2019

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