On January 6, 2026, the First Department issued a decision in Taxi Tours, Inc. v. Go N.Y. Tours Inc., 2026 NY Slip Op. 00034, holding that there is no appeal from an order issued sua sponte, explaining:
There is no right of appeal from an order entered sua sponte. If Go NY had moved to vacate the sua sponte order pursuant to CPLR 5701(a)(3) and the motion had been denied, then Go NY would have been entitled to appeal as of right.
(Internal quotations and citations omitted).