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1010 Realty LLC v Stevens
2007 NY Slip Op 50864(U) [15 Misc 3d 136(A)]
Decided on April 24, 2007
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 24, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ
2006-1164 K C.

1010 Realty LLC, Appellant,

against

Trevor Stevens, "John Doe" and "Jane Doe", Respondents.


Appeal from an order of the Civil Court of the City of New York, Kings County (Thomas M. Fitzpatrick, J.), entered May 4, 2006. The order of the court dismissed the summary proceeding sua sponte.


Appeal is dismissed.

No appeal lies as of right from a sua sponte order (see CCA 1702 [a] [2]; Sholes v Meagher, 100 NY2d 333 [2003]), and the appellant has not sought leave to appeal. Under the circumstances of this case, we decline to, sua sponte, grant leave to appeal (see CCA 1702 [c]).

Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: April 24, 2007