Appellate Division of the Supreme Court of the State of New York March 6, 1995 (Farrell v. Kiernan)

—In an action for a permanent injunction, the defendants appeal from an order of the Supreme Court, Nassau County (Kutner, J.), entered November 10, 1993, which sua sponte, and without notice to the parties, converted the plaintiff’s motion for a preliminary injunction to one for summary judgment and granted summary judgment to the plaintiff.