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JOHN T. WALSH ENTERPRISES, LLC, ap, v. CLARENCE JORDAN def

JOHN T. WALSH ENTERPRISES, LLC, ap, v. CLARENCE JORDAN def — (INDEX NO. 506785/13)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated April 14, 2016, which 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, sua sponte, in effect, directed dismissal of the complaint.

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JOHN T. WALSH ENTERPRISES, LLC, ap, v. CLARENCE JORDAN def — (INDEX NO. 506785/13)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated April 14, 2016, which 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, sua sponte, in effect, directed 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, in effect, directed 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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