Lee v Guzman, 2012 NY Slip Op 50144(U)(App. Term 2d Dept. 2012)
“At the outset, it is noted that this court has jurisdiction to hear the appeal from the 2004 Supreme Court order, as the notice of appeal from that order was filed after the case had been transferred to the Civil Court pursuant to CPLR 325 (d) (Pollack v Anh Thanh Pham, 27 Misc 3d 28 [App Term, 2d, 11th & 13th Jud Dists 2010]). However, both parties concede that the 2004 order did not decide a motion made on notice. As the order was either entered on consent, from which no appeal would lie (see CPLR 5511; Matter of D’Imperio v Putnam Lake Fire Dept., 262 AD2d 410 [1999]; Matter of Reynolds v Spanakos, 196 AD2d 798 [1993]), or was decided sua sponte or in response to an oral application, from which no appeal lies of as of right (see CCA [*2]1702 [a]; CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]) and leave to appeal has not been granted (see CCA 1702 [c]), the appeal from the September 14, 2004 order is dismissed.”
How many appeals are being filed by a certain attorney based upon consent orders?
