Opinion
Submitted May 2, 2001.
May 29, 2001.
In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Kings County (Garson, J.), dated June 7, 2000, as granted that branch of the plaintiff's motion which for leave to vacate his default in failing to enter a judgment pursuant to CPLR 3215, denied their cross motion to dismiss the complaint, and upon, in effect, vacating their default in appearing or answering, sua sponte, directed them to interpose an answer within 30 days.
Tarshis Hammerman, LLP, Forest Hills, N.Y. (Roberta E. Tarshis Of Counsel), For Appellants.
Ross Hill, Brooklyn, N.Y. (Thomas Torto of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, HOWARD MILLER and SANDRA L. TOWNES, JJ.
ORDERED that the appeal from so much of the order as, sua sponte, directed the defendants to interpose an answer within 30 days is dismissed, as no appeal lies as of right from an order entered sua sponte, and leave to appeal has not been granted; and it is further,
ORDERED that the order is affirmed insofar as reviewed, with costs.
The Supreme Court providently exercised its discretion in granting the plaintiff's motion for leave to vacate his default (see, LaValle v. Astoria Constr. Paving Corp., 266 A.D.2d 28; First Nationwide Bank v. Pretel, 240 A.D.2d 629; Corbin v. Wood Pro Installers, 184 A.D.2d 234; Rosenbaum v. Ace Tr. Corp., 112 A.D.2d 210).
The defendants' remaining contentions are without merit.
BRACKEN, P.J., FRIEDMANN, FLORIO, H. MILLER and TOWNES, JJ., concur.