Buckeye Retirement Co. v. Quattrocchi

In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated May 8, 2006, which, sua sponte, removed the action to the Civil Court, Richmond County, pursuant to CPLR 325 (d).

Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted {see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, the matter is remitted to the Supreme Court, Richmond County, for a determination on the merits of the plaintiffs…