Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered September 27, 2007. The order granted defendant's motion for summary judgment and, sua sponte, imposed a $900 sanction in the event plaintiff commences further legal action against defendant.

Appeal dismissed.

As plaintiff submitted no papers in opposition to defendant's summary judgment motion, so much of the order as granted defendant's motion for summary judgment must be deemed to have been entered upon default, from which no appeal lies (CPLR 5511; see Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; Maltsev v New York City Tr. Auth., 19 Misc 3d 127[A], 2008 NY Slip Op 50504[U] [App Term, 2d & 11th Jud Dists 2008]; Grabel v Amalgamated Warbasse Houses, Inc., 19 Misc 3d 136[A], 2008 NY Slip Op 50746[U] [App Term, 2d & 11th Jud Dists 2008]). It is inconsequential that plaintiff may have participated in oral argument since plaintiff was unsworn; thus, her oral argument is of no evidentiary value (Fox v T.B.S.D., Inc., 278 AD2d 612, 613 [2000]; Ava Acupuncture P.C. v Greyhound Lines, Inc., 14 Misc 3d 141[A], 2007 NY Slip Op 50356[U] [App Term, 2d & 11th Jud Dists 2007]).

The appeal from so much of the order as, sua sponte, "impose[d] a $900 sanction upon [plaintiff] if any further legal action is commenced against this defendant, in any court in New York" is dismissed as no appeal as of right lies from such an ex parte order (see CCA 1702 [a] [2]; Sholes v Meagher, 100 NY2d 333 [2003]), and appellant has not sought leave to appeal. Under the circumstances herein we decline, sua sponte, to grant leave to appeal (see CCA 1702 [c]; 1010 Realty LCC v Stevens, 15 Misc 3d 136[A], 2007 NY Slip Op 50864[U] [App Term, 2d & 11th Jud Dists 2007]). [*2]
Weston Patterson, J.P., Golia and Steinhardt, JJ., concur.
Decision Date: December 05, 2008