JOYCELYN v. JULIANNE (2025)

Appeal from order, Family Court, New York County (Hasa A. Kingo, J.), entered on or about January 8, 2024, which sua sponte dismissed petitioner's petition for visitation with her granddaughter with prejudice, unanimously dismissed, without costs, as taken from a nonappealable order.

An order issued sua sponte does not decide a motion made on notice and therefore is not appealable as of right (see CPLR 5701[a][2];  Sholes v. Meagher, 100 N.Y.2d 333, 335 [2003]).  The proper procedure for seeking review of a sua sponte order is to first move to vacate the sua sponte order, and thereafter take an appeal as of right pursuant to CPLR 5701(a)(3) from the subsequent order based on the record developed on the motion (see Sholes at 335;  Board of Educ. of the City Sch. Dist. of the City of N.Y. v Grullon, 117 AD3d 572, 573 [1st Dept 2014]).  As the record is insufficient for review, we decline to treat the notice of motion as a request for leave to appeal in the interest of justice (see e.g. Hladun–Goldmann v. Rentsch Assoc., 8 AD3d 73, 73–74 [1st Dept 2004]).