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FIRST UNITED MORTGAGE BANKING CORP., ap, v. FREDERICK LAWANI def

FIRST UNITED MORTGAGE BANKING CORP., ap, v. FREDERICK LAWANI def — (INDEX NO. 41749/07)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated May 27, 2014, which (1) denied its unopposed motion for an order of reference, for leave to enter a default judgment against the defendants upon their failure to appear or answer the complaint, and to amend the caption, and (2), sua sponte, directed the dismissal of the complaint.

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FIRST UNITED MORTGAGE BANKING CORP., ap, v. FREDERICK LAWANI def — (INDEX NO. 41749/07)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated May 27, 2014, which (1) denied its unopposed motion for an order of reference, for leave to enter a default judgment against the defendants upon their failure to appear or answer the complaint, and to amend the caption, and (2), sua sponte, directed the dismissal of the complaint.

ORDERED that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, directed the dismissal of the complaint is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

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