Mullins v. Sharma

Summary

The New York Appellate Division, Second Department dismissed the plaintiff's appeal from an order that sua sponte directed dismissal of a conversion cause of action and made certain findings of fact. The court held that no appeal as of right lay from the sua sponte dismissal because it did not decide a motion made on notice, and the remaining findings and conclusions were not independently appealable.

Holdings

1. No appeal lies as of right from the portion of the order that sua sponte dismissed the conversion cause of action because that portion did not decide a motion made on notice. Because the court declined to grant leave to appeal, the plaintiff's contentions concerning that dismissal were not properly before the court.
2. Language or reasoning in an order that a party deems adverse does not establish standing to appeal, and findings of fact or conclusions of law that do not grant or deny relief are not independently appealable.

Questions Presented

1. Whether an appeal as of right lies from an order provision that sua sponte dismisses a cause of action without deciding a motion made on notice.
2. Whether a party may appeal language or factual findings in an order that do not independently grant or deny relief.

Disposition

dismissed