Commercial Division Blog

Posted: April 17, 2016 / Categories Commercial, Appeals

No Appeal as of Right From Order Which Does Not Decide a Motion Made on Notice

On April 13, 2016, the Second Department issued a decision in Spodek v. Neiss, 2016 NY Slip Op. 02801, dismissing an appeal "from an order . . . which, on the court's own motion, appointed a receiver of certain premises in Brooklyn" because "[n]o appeal lies as of right from an order which does not decide a motion made on notice, and leave to appeal has not been granted." (Emphasis added).