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HURD v. HURD

1223 CA 08-01603.

66 A.D.3d 1492 (2009)

885 N.Y.S.2d 655

2009 NY Slip Op 7073

CYNTHIA B. HURD, Appellant, v. MICHAEL O. HURD, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 2, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the complaint is reinstated.

Memorandum: Plaintiff appeals from an order in which Supreme Court sua sponte dismissed her complaint for failure to state a cause of action. We note at the outset that, because the order did not determine a motion made on notice, it is not appealable as of right (see Sholes v Meagher...

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