Opinion
No. CA 10-02260.
March 25, 2011.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 25, 2010. The order struck and vacated the note of issue and certificate of readiness.
OTU A. OBOT, PLAINTIFF-APPELLANT PRO SE.
PHILLIPS LYTLE LLP, BUFFALO (ERICKA N. BENNETT OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Fahey, Carni, Green and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum:
Inasmuch as no appeal lies as of right "from an ex parte order, including an order entered sua sponte" ( Sholes, v Meagher, 100 NY2d 333, 335; see Bajrovic v Jeff Anders' Trucking, 52 AD3d 553), and permission to appeal has not been granted ( see CPLR 5701 [c]), the appeal must be dismissed ( see Mohler v Nardone, 53 AD3d 600).