On May 27, 2026, the Second Department issued a decision in U & Me Homes, LLC v. County of Suffolk, 2026 NY Slip Op. 03331, holding that an order issued sua sponte was not directly appealable, explaining:
The appeals from so much of the order as, sua sponte, declared that enforcement of the restrictive covenant would constitute an unconstitutional taking per se must be dismissed, as no appeal lies as of right from a portion of an order that does not decide a motion made on notice, and any possibility of taking a direct appeal therefrom terminated with the entry of the judgment in the action. The appeals from so much of the order as granted that branch of the plaintiff’s motion which was for summary judgment on the fourth cause of action and denied the separate cross-motions of the defendants County of Suffolk and Clerk of the County of Suffolk and the defendants Town of Southampton and Town of Southampton Planning Board for summary judgment, in effect, with respect to the first through fourth causes of action must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action. The issues raised on the appeals from those portions of the order are brought up for review and have been considered on the appeals from the judgment.
(Internal citations omitted).