Fanelli v. Fanelli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Dillon, J.), entered September 5, 2001, which denied her motion for a protective order and to quash a subpoena duces tecum served upon a nonparty, and, sua sponte, awarded the defendant an attorneys fee in the sum of $750.
Ordered that the appeal from so much of the order as, sua sponte, awarded the defendant an attorneys fee is dismissed, as no appeal lies as of right from a sua sponte order, and leave to appeal has not been granted (see CPLR 5701 [c]); and it is…
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