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US BANK NATIONAL ASSOCIATION, ETC., ap, v. FRANK SARACENO, SR. RESPONDENTS def

US BANK NATIONAL ASSOCIATION, ETC., ap, v. FRANK SARACENO, SR. RESPONDENTS def — (INDEX NO. 39656/09)In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 28, 2013, which, sua sponte, inter alia, directed it to file either a motion for a judgment of foreclosure and sale or a notice of discontinuance of the action within 90 days, or provide the court with a good faith basis for noncompliance, and (2) an order of the same court dated March 23, 2015, which denied its unopposed motion, inter alia, for a judgment of foreclosure and sale, and determined that the action had been automatically dismissed based on the plaintiff's failure to comply with the terms of the order dated March 28, 2013.

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US BANK NATIONAL ASSOCIATION, ETC., ap, v. FRANK SARACENO, SR. RESPONDENTS def — (INDEX NO. 39656/09)In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 28, 2013, which, sua sponte, inter alia, directed it to file either a motion for a judgment of foreclosure and sale or a notice of discontinuance of the action within 90 days, or provide the court with a good faith basis for noncompliance, and (2) an order of the same court dated March 23, 2015, which denied its unopposed motion, inter alia, for a judgment of foreclosure and sale, and determined that the action had been automatically dismissed based on the plaintiff’s failure to comply with the terms of the order dated March 28, 2013.

ORDERED that the appeal from the order dated March 28, 2013, is dismissed, without costs or disbursements, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701[a][2]), and leave to appeal has not been granted; and it is further,

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