Katz v. Waitkins

—In an action, inter alia, for a judgment declaring that the defendants abandoned their respective rights in a certain easement of record, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered February 1, 2002, as, sua sponte, in effect, searched the record and granted summary judgment to the defendant Dean T. Carson on the counterclaim for adverse possession.

Ordered that on the court’s own motion, the plaintiff’s notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted…