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  • Us Bank N.A. As Trustee For Lsrmf Mh Master Participation Trust Ii v. Keven M. Gottlieb Aka Kevin Gottlieb Individually And As Administrator Cta Of The Estate Of Janice C. Gottlieb, New York State Department Of Taxation And Finance, United States Of America Eastern District, John Doe 1 - JOHN DOE 12 THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF,THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES, DESCRIBED IN THE COMPLAINT, Keriann V. Gottlieb A/K/A KERIANN V. CAMPBELL, Karen Divens, People Of The State Of New York Real Property - Mortgage Foreclosure - Residential document preview
  • Us Bank N.A. As Trustee For Lsrmf Mh Master Participation Trust Ii v. Keven M. Gottlieb Aka Kevin Gottlieb Individually And As Administrator Cta Of The Estate Of Janice C. Gottlieb, New York State Department Of Taxation And Finance, United States Of America Eastern District, John Doe 1 - JOHN DOE 12 THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF,THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES, DESCRIBED IN THE COMPLAINT, Keriann V. Gottlieb A/K/A KERIANN V. CAMPBELL, Karen Divens, People Of The State Of New York Real Property - Mortgage Foreclosure - Residential document preview
  • Us Bank N.A. As Trustee For Lsrmf Mh Master Participation Trust Ii v. Keven M. Gottlieb Aka Kevin Gottlieb Individually And As Administrator Cta Of The Estate Of Janice C. Gottlieb, New York State Department Of Taxation And Finance, United States Of America Eastern District, John Doe 1 - JOHN DOE 12 THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF,THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES, DESCRIBED IN THE COMPLAINT, Keriann V. Gottlieb A/K/A KERIANN V. CAMPBELL, Karen Divens, People Of The State Of New York Real Property - Mortgage Foreclosure - Residential document preview
  • Us Bank N.A. As Trustee For Lsrmf Mh Master Participation Trust Ii v. Keven M. Gottlieb Aka Kevin Gottlieb Individually And As Administrator Cta Of The Estate Of Janice C. Gottlieb, New York State Department Of Taxation And Finance, United States Of America Eastern District, John Doe 1 - JOHN DOE 12 THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF,THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES, DESCRIBED IN THE COMPLAINT, Keriann V. Gottlieb A/K/A KERIANN V. CAMPBELL, Karen Divens, People Of The State Of New York Real Property - Mortgage Foreclosure - Residential document preview
  • Us Bank N.A. As Trustee For Lsrmf Mh Master Participation Trust Ii v. Keven M. Gottlieb Aka Kevin Gottlieb Individually And As Administrator Cta Of The Estate Of Janice C. Gottlieb, New York State Department Of Taxation And Finance, United States Of America Eastern District, John Doe 1 - JOHN DOE 12 THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF,THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES, DESCRIBED IN THE COMPLAINT, Keriann V. Gottlieb A/K/A KERIANN V. CAMPBELL, Karen Divens, People Of The State Of New York Real Property - Mortgage Foreclosure - Residential document preview
  • Us Bank N.A. As Trustee For Lsrmf Mh Master Participation Trust Ii v. Keven M. Gottlieb Aka Kevin Gottlieb Individually And As Administrator Cta Of The Estate Of Janice C. Gottlieb, New York State Department Of Taxation And Finance, United States Of America Eastern District, John Doe 1 - JOHN DOE 12 THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF,THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES, DESCRIBED IN THE COMPLAINT, Keriann V. Gottlieb A/K/A KERIANN V. CAMPBELL, Karen Divens, People Of The State Of New York Real Property - Mortgage Foreclosure - Residential document preview
  • Us Bank N.A. As Trustee For Lsrmf Mh Master Participation Trust Ii v. Keven M. Gottlieb Aka Kevin Gottlieb Individually And As Administrator Cta Of The Estate Of Janice C. Gottlieb, New York State Department Of Taxation And Finance, United States Of America Eastern District, John Doe 1 - JOHN DOE 12 THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF,THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES, DESCRIBED IN THE COMPLAINT, Keriann V. Gottlieb A/K/A KERIANN V. CAMPBELL, Karen Divens, People Of The State Of New York Real Property - Mortgage Foreclosure - Residential document preview
  • Us Bank N.A. As Trustee For Lsrmf Mh Master Participation Trust Ii v. Keven M. Gottlieb Aka Kevin Gottlieb Individually And As Administrator Cta Of The Estate Of Janice C. Gottlieb, New York State Department Of Taxation And Finance, United States Of America Eastern District, John Doe 1 - JOHN DOE 12 THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF,THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES, DESCRIBED IN THE COMPLAINT, Keriann V. Gottlieb A/K/A KERIANN V. CAMPBELL, Karen Divens, People Of The State Of New York Real Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: ONEIDA COUNTY CLERK 04/27/2023 03:47 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/27/2023 Exhibit H FILED: ONEIDA COUNTY CLERK 04/27/2023 03:47 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/27/2023 NYSCEF Confirmation Notice Oneida County Supreme Court The NYSCEF website has received an electronic filing on 04/24/2023 01:50 PM. Please keep this notice as a confirmation of this filing. EFCA2019-001105 US BANK N.A. AS TRUSTEE FOR LSRMF MH MASTER PARTICIPATION TRUST II v. KEVEN M. GOTTLIEB AKA KEVIN GOTTLIEB INDIVIDUALLY AND AS ADMINISTRATOR CTA OF THE ESTATE OF JANICE C. GOTTLIEB et al Assigned Judge: Julie Denton Documents Received on 04/24/2023 01:50 PM Doc # Document Type 133 OATH 134 REFEREE REPORT OF AMOUNT DUE 135 EXHIBIT(S) 1 136 EXHIBIT(S) 2 137 EXHIBIT(S) A (Redacted per 202.5(e) or 206.5(e)) 138 EXHIBIT(S) B (Redacted per 202.5(e) or 206.5(e)) 139 EXHIBIT(S) C (Redacted per 202.5(e) or 206.5(e)) 140 EXHIBIT(S) D (Redacted per 202.5(e) or 206.5(e)) 141 EXHIBIT(S) E (Redacted per 202.5(e) or 206.5(e)) 142 EXHIBIT(S) F (Redacted per 202.5(e) or 206.5(e)) 143 EXHIBIT(S) G (Redacted per 202.5(e) or 206.5(e)) Filing User Ralph Lawrence Vartolo | rvartolo@friedmanvartolo.com 1325 Franklin Avenue, Suite 230, Garden City, NY 11530 Mary Finegan, Oneida County Clerk - countyclerk@ocgov.net Phone: Phone: 315.798.5776 Fax: Fax: 315.798.6440 NYSCEF Resource Center, nyscef@nycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile Page 1 of 3 FILED: ONEIDA COUNTY CLERK 04/27/2023 03:47 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/27/2023 NYSCEF Confirmation Notice Oneida County Supreme Court EFCA2019-001105 US BANK N.A. AS TRUSTEE FOR LSRMF MH MASTER PARTICIPATION TRUST II v. KEVEN M. GOTTLIEB AKA KEVIN GOTTLIEB INDIVIDUALLY AND AS ADMINISTRATOR CTA OF THE ESTATE OF JANICE C. GOTTLIEB et al Assigned Judge: Julie Denton Filing User Ralph Lawrence Vartolo | rvartolo@friedmanvartolo.com 1325 Franklin Avenue, Suite 230, Garden City, NY 11530 E-mail Notifications An email regarding this filing has been sent to the following on 04/24/2023 01:50 PM: MICHAEL J. CANCILLA - cancillalaw@aol.com MICHAEL W. NARDOLILLO - mnardolillo@friedmanvartolo.com RANSOM P. REYNOLDS III - ransom.p.reynolds@usdoj.gov JULIANA THIBAUT - jthibaut@friedmanvartolo.com RALPH L. VARTOLO - rvartolo@friedmanvartolo.com Mary Finegan, Oneida County Clerk - countyclerk@ocgov.net Phone: Phone: 315.798.5776 Fax: Fax: 315.798.6440 NYSCEF Resource Center, nyscef@nycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile Page 2 of 3 FILED: ONEIDA COUNTY CLERK 04/27/2023 03:47 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/27/2023 NYSCEF Confirmation Notice Oneida County Supreme Court EFCA2019-001105 US BANK N.A. AS TRUSTEE FOR LSRMF MH MASTER PARTICIPATION TRUST II v. KEVEN M. GOTTLIEB AKA KEVIN GOTTLIEB INDIVIDUALLY AND AS ADMINISTRATOR CTA OF THE ESTATE OF JANICE C. GOTTLIEB et al Assigned Judge: Julie Denton Email Notifications NOT Sent Role Party Attorney Respondent NEW YORK STATE No consent on record. DEPARTMENT OF TAXATION Respondent JOHN DOE No consent on record. Respondent KERIANN V. GOTTLIEB No consent on record. Respondent KAREN DIVENS No consent on record. Respondent PEOPLE OF THE STATE OF No consent on record. NEW YORK * Court rules require hard copy service upon non-participating parties and attorneys who have opted-out or declined consent. Mary Finegan, Oneida County Clerk - countyclerk@ocgov.net Phone: Phone: 315.798.5776 Fax: Fax: 315.798.6440 NYSCEF Resource Center, nyscef@nycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile Page 3 of 3 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 133 RECEIVED NYSCEF: 04/27/2023 04/24/2023 1 of 1 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 134 RECEIVED NYSCEF: 04/27/2023 04/24/2023 1 of 7 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 134 RECEIVED NYSCEF: 04/27/2023 04/24/2023 2 of 7 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 134 RECEIVED NYSCEF: 04/27/2023 04/24/2023 3 of 7 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 134 RECEIVED NYSCEF: 04/27/2023 04/24/2023 4 of 7 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 134 RECEIVED NYSCEF: 04/27/2023 04/24/2023 5 of 7 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 134 RECEIVED NYSCEF: 04/27/2023 04/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA --------------------------------------------------------------------X U.S. BANK NATIONAL ASSOCIATION AS LEGAL Index No. EFCA2019-001105 TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, NOTICE OF COMPUTATION Plaintiff -against- KEVEN M. GOTTLIEB A/K/A KEVIN GOTTLIEB, INDIVIDUALLY AND AS ADMINISTRATOR CTA OF THE ESTATE OF JANICE C. GOTTLIEB; KERIANN V. GOTTLEIB A/K/A KERIANN V. CAMPELL; KAREN DIVENS; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA (EASTERN DISTRICT); PEOPLE OF THE STATE OF NEW YORK, Defendants --------------------------------------------------------------------X PLEASE TAKE NOTICE, that the matters herein referred to Keith A. Eisenhut, Esq., the Referee, appointed by an Order of this Court, entered November 21, 2022, have been noticed for submission to the Referee for his review at the office of said Referee, located at 25 Hopper Street, Utica, New York 13501-3507. Should any party have any specific objections with respect to the proposed computations herein, those objections must be submitted, in writing, to the Referee at the above address and on Plaintiff’s counsel. PLEASE TAKE FURTHER NOTICE, that a copy must be served no later than April 21, 2023. Said objections must be with regard only to the proposed computations and it shall be left to the discretion of the Referee whether such objections warrant a hearing. In the event that objections are timely submitted, the Referee shall advise all parties if a hearing is required. In the event the Referee directs a hearing, the Referee shall then schedule the date, time and place of such hearing. If objections are timely submitted, but the Referee determines that a hearing is 6 of 7 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 134 RECEIVED NYSCEF: 04/27/2023 04/24/2023 unnecessary, then the computations by the Referee shall be done on submission only. In the absence of any timely objections pursuant to the terms herein, the computations shall be made by the Referee on submission only. Dated: April 7, 2023 New York, New York /s/ Glenn W. Caulfield Glenn W. Caulfield, Esq. FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, New York 11530 T: (212) 471-5100 To: Michael J. Cancilla, Esq. Attorney for Defendant KEVEN M. GOTTLIEB A/K/A KEVIN GOTTLIEB, INDIVIDUALLY AND AS ADMINISTRATOR CTA OF THE ESTATE OF JANICE C. GOTTLIEB 587 Main Street, Suite 104 New York Mills, New York 13417 Karen Divens 3199 Main Street Mexico, New York 13114 Keriann V. Gottlieb AKA Keriann V Campbell, as Heir and Distributee of the Estate of Janice C. Gottlieb 7160 Brennan Avenue Rome, New York 13440 7 of 7 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 At IAS Part 2 of the Supreme Court of the State of New York held in and for the County of Oneida, at the Courthouse thereof, located at, Utica, New York on the 16th day of November , 20 22 HON. David A. Murad , J.S.C. X U.S. BANK TRUST, N.A., AS TRUSTEE FOR Index No. EFCA2019-001105 LSRMF MH MASTER PARTICIPATION TRUST II, RJI No. Plaintiff ORDER OF REFERENCE -against- Mortgaged Premises ICEVEN M. GOTTLIEB A/K/A KEVIN GOTTLIEB, 2 Sim Street INDIVIDUALLY AND AS ADMINISTRATOR CTA Utica, NY 13501 OF THE ESTATE OF JANICE C. GOTTLIEB; KERIANN V. GOTTLEIB A/K/A KERIANN V. Section: 330.29 CAMPELL; KAREN DIVENS; NEW YORK STATE Block:3 DEPARTMENT OF TAXATION AND FINANCE; Lot: 6 UNITED STATES OF AMERICA (EASTERN DISTRICT); PEOPLE OF THE STATE OF NEW YORK; "JOHN DOE #1" through "JOHN DOE #12," Mortgage Servicer: Rushmore Loan the last twelve names being fictitious and unknown to Management Services, LLC Plaintiff the persons or parties intended being the Mortgage Servicer Phone #: (888) 699- tenants occupants persons or corporations if any having 5600 or claiming an interest in or lien upon the premises described in the complaint, Defendants X Plaintiff having moved this Court for an Order: 0 striking the answer of defendant(s) and converting each such appearance to a general notice of appearance pursuant to CPLR §3215, granting plaintiff default judgment 0 pursuant to CPLR §3212, granting plaintiff summary judgment Firm File No. 212015-1 1 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 amending the caption to: delete defendant(s) "John Doe" and "Jane Doe" 0 substitute the names of for defendant(s) John Doe and/or Jane Doe other substituting U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 5C6 TITLE TRUST as Plaintiff pursuant to RPAPL §1321, appointing a Referee to compute the sums due plaintiff on the Note and Mortgage 0 other [speeify]: on hloVenitte le , Loa, ,at NOW, upon plaintiff's LI ex parte application or motion heard t which time C ONO he A )0 plaintiffiy defendant appeared, j L.,,uuca_Lai.,,, _.3(e.e Le ne el, and upon the Summons and Ord Complaint and proof that all defendants have been served, and upon proof that the time for all defendant(s) to answer or appear has expired, and upon the: affidavit of Gloria A. Rocha, Vice President of Rushmore Loan Management Services, LLC attorney in fact for the named Plaintiff's Assignee U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust, sworn to August 16, 2022, affirmation of Andrew Buonincontri, Esq. affirmed on August 22, 2022, with Exhibits A — S annexed: other [specify]: ; it is Firm File No. 212015-1 2 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 hereby ORDERED that the plaintiff's motion: for a default judgment pursuant to CPLR § 3215 and RPAPL § 1321 is granted; El to strike defendant(s)' answer and for summary judgment pursuant to CPLR §3212 is granted; other [specify]: and it is further ORDERED that the caption of this action is amended to 1 1 delete the name(s) of defendant(s) "John Doe" and "Jane Doe" El substitute the name(s) of for defendant(s) John Doe and/or Jane Doe X other [specify]: U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST as Plaintiff and it is further ORDERED that the caption of this action as amended shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA X U.S. BANK, NATIONAL ASSOCIATION AS LEGAL Index No. EFCA2019-001105 TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE RH No. TRUST, Plaintiff -against- Firm File No. 212015-1 3 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 KEVEN M. GOTTLIEB A/K/A KEVIN GOTTLIEB, INDIVIDUALLY AND AS ADMINISTRATOR CTA OF THE ESTATE OF JANICE C. GOTTLIEB; KERIANN V. GOTTLEIB A/K/A KERIANN V. CAMPELL; KAREN DIVENS; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA (EASTERN DISTRICT); PEOPLE OF THE STATE OF NEW YORK, Defendant(s) X and it is further ORDERED that Name: Keith A. Eisenhut , Esq. Address: 25 Hopper Street Utica, NY 13501 Telephone: (315) 724-7523 is hereby appointed Referee to ascertain, compute and report the total amount due to plaintiff for unpaid principal, accrued interest and all reasonable mortgage costs and expenses other than attorneys' fees secured by the Note and Mortgage sued upon and set forth in the Complaint, and to examine and report as to whether the mortgaged premises should be sold in one parcel. The Referee shall not be required to notice or conduct a hearing and the plaintiff may submit to the Referee its proof by affidavit; and it is further ORDERED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including but not limited to section 36.2(c) ("Disqualifications from appointment") and section 36.2 (d) ("Limitations on appointments based upon compensation"); and it is further ORDERED that pursuant to CPLR §8003(a), in the discretion of the Court, the Referee shall be paid a fee of $350.00 upon the filing of the Report of the Referee computing the amount Firm File No. 212015-1 4 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 due to plaintiff; and it is further ORDERED, that the Referee shall comply with the Fifth Judicial District Foreclosure Sale Protocols, including social distancing and PPE guidelines; and it is further ORDERED that during the pendency of this action, if any interest in the Note and/orMortgage that is the subject of this action has been or is transferred, the person or entity to whom the interest has been or is transferred shall apply to the Court within thirty (30) days of the transfer to be substituted or joined in this action pursuant to CPLR §1018; and it is further itkietag ORDERED that the Referee shall file his/her Report on or before Jf34p 16, 2023 ; and it is further ORDERED that on or before April 17, 2023 , the plaintiff shall submit as appropriate a Motion or an Ex Parte application in compliance with all legal and administrative requirements for a Judgment of Foreclosure and Sale; and it is further ORDERED that in the event plaintiff fails to timely submit the required Motion or Ex Parte application for a Judgment of Foreclosure and Sale, in its discretion, the Court may either (1) strike all interest accruing on the loan as of the subject date together with any and all late fees, penalties, property inspection fees and preservation costs; or (2) dismiss the action for plaintiff's failure to comply with the Court's deadline (see Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, 5 NY3d 514 (2005). gttere bee 1(0 Dated: Aniltr 2022 ENTER, HON.David A. Murad, J.S.C. Firm File No. 212015-1 5 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES Section 330.29 Block 3 and Lot 6 ALL that tract Or parcel of land, situate in the City or Utica, formerly the Town of New Hartford, County of Oneida and State of New YOrk, known and distinguished as being Lot Na 8 in Block No. 2 On the map made for the Estate of Jane Blaikie by kM. Scripture. C.E. and filed in the Office of the Clerk of Oneida Co. on the 15th day of February 1913, said lot being on the Northerly side of Sim Street and is 50 feet wide in front on said street and 12131 feet on its Westerly line and 100 feet in depth on its Easterly lint Premises known as 2 Sim Street, Utica, New York 13501 Firm File No. 212015-1 6 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 [AMENDED MAY 31, 20221 FIFTH JUDICIAL DISTRICT FORECLOSURE SALE COVID-19 PROTOCOLS The Unified Court System (UCS) has established policies and procedures relating to the COVID-19 health emergency. In accordance with Administrative Order 35/22 signed by the Hon. Lawrence K. Marks, Chief Administrative Judge of the Courts, on January 16, 2022, the following policies and procedures will best ensure that foreclosure sales in the Fifth Judicial District comply with the current UCS COVID-19 protocols for social distancing and face coverings, if any, in effect at the time of the foreclosure sale. If an Administrative Order relating to foreclosures is issued by the Chief Administrative Judge of the Courts, or the UCS COVID-19 policies pertaining to social distancing and masks are amended or modified, the Administrative Order and/or amended or modified UCS COVID-19 policies supersede the provisions of these protocols to the extent they are inconsistent with their terms and provisions. Resumption of Residential and Commercial Mortgage Foreclosure Matters. All residential and commercial mortgage foreclosure matters may resume in the normal course subject to the auction procedures listed below and the applicable Fifth Judicial District Foreclosure Action Procedures (Covid-19 Period) for each County. Resumption of Tax Foreclosure Matters. All tax lien foreclosure matters may resume in the normal course, subject to the conferencing requirements set forth in Administrative Order 262/21. Courts are encouraged to use calendar calls, with notices to appear sent to non-defaulting parties who have appeared or answered by the court clerk's office or chambers. Failure to appear at the calendar call shall satisfy the conferencing requirement, and the case may proceed as a default. 1 7 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 Filing and Service. In accordance with AO/35/22, the filing and service of documents in foreclosure proceedings shall continue to be governed by A0/267/20. Auctions. The following auction procedures shall be followed in accordance with the Fifth Judicial District and UCS COVID-19 protocols, unless these procedures are inconsistent with an Administrative Order or UCS COVID-19 policy in effect as of the date of the auction/sale The Court shall attach to the Judgment of Foreclosure and Sale a copy of the COVID-19 protocols that will be implemented at the foreclosure auction/sale. The Amended Judgment of Foreclosure and Sale shall direct that a COVID-19 Notice shall be included in the advertisement published in the local newspaper stating that COVID-I9 safety protocols will be followed at the foreclosure sale. Each Supreme Court Clerk in the Fifth Judicial District has established a centralized telephone, email or similar system to allow the Referee, attorneys, parties and participants to schedule and obtain any information relating to the auction, including the date, place and time. No more than one public auction may be conducted at one time. Auctions must be scheduled at least 30 minutes apart. All Orders appointing the Referee shall include a provision that the Referee agrees to comply with these Fifth Judicial District Foreclosure Sale Protocols, including social distancing and PPE guidelines. Before entering the Courthouse, the Referee, attorneys and any member of the public shall undergo standard COVID-19 and New York State Travel Advisory questioning, be instructed to wear a face covering and have their temperature taken. Anyone with a fever will be excused from attending the foreclosure sale, as well as 2 8 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 anyone answering the screening questions in the affirmative. The location of any foreclosure sale shall be held in a large venue to ensure appropriate social distancing as set forth below. During the auction/sale, the Referee, attorneys and any potential bidders shall stand or sit at least three (3) feet from one another. The Lobby or designated area should be prepared and marked to ensure appropriate social distancing. All attendees shall wear a face mask at all times. In addition, the Referee may wear a face shield. Court Security shall be present to enforce all safety protocols. In the rare event that an auction/sale shall exceed the space required for appropriate social distancing, the Referee shall immediately request the Supreme Court Clerk to relocate the sale to a larger room. If such larger room is necessary and not available, the auction/sale may be held outdoors and/or rescheduled. The Referee may, upon application to the Court, and upon good cause shown, apply to allow participants/bidders to appear virtually, provided the Chief Clerk is given three (3) business days' advance notice of the need for virtual capability. The Supreme Court Clerk of each County shall ensure that there is sufficient room and space to allow the Referee, participants and winning bidder to complete paperwork after the auction in an area that meets all safety protocols. The following will act as the locations for foreclosure auctions/sales in each applicable county in the Fifth Judicial District: Onondaga County: The foreclosure auction shall be held in the Onondaga County Courthouse, Second Floor Lobby outside the County Clerk's Office. The Lobby is very large and will allow for adequate 3 9 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 11/21/2022 03:47 04/24/2023 12:27 PM 01:50 INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 129 135 RECEIVED NYSCEF: 04/27/2023 11/21/2022 04/24/2023 social distancing. A Court Security Officer shall be in attendance to ensure compliance with all COVID-19 protocols. Oswego County. The foreclosure auction 'shall be held in the Main Lobby of the Oswego County Courthouse. A Court Security Officer shall be in attendance to ensure compliance with all COVID-19 protocols. Oneida County. The foreclosure auction shall be held in the Lobby of the Rome Supreme Courthouse to accommodate social distancing. A Court Security Officer shall be in attendance to ensure compliance with all COVID-19 protocols. Jefferson County. The foreclosure auction shall be held at the Jefferson County Court Complex in the front vestibule area with any overflow into the Lobby. Only bidding parties would be permitted in together with the Referee. The vestibule can accommodate four (4) people and the Lobby would add 5-6. Historically, this is more than enough space. The Referee shall immediately notify the Supreme Court Clerk if the need for a larger space is anticipated. Herkimer County. The foreclosure auction shall be held in the Lobby of the Fifth Floor of the County Court Facility. Court Security shall supervise the area for social distancing and PPE guidelines. Lewis County. The foreclosure auction shall be held in the Main Lobby of the Lewis County Courthouse, Lowville, NY. Court Security shall supervise the area for social distancing and PPE guidelines. 10 of 10 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 136 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 137 RECEIVED NYSCEF: 04/27/2023 04/24/2023 EXHIBIT A FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 137 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 137 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 137 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 EXHIBIT B FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY CLERK 04/27/2023 04/24/2023 03:47 01:50 PM INDEX NO. EFCA2019-001105 NYSCEF DOC. NO. 154 138 RECEIVED NYSCEF: 04/27/2023 04/24/2023 FILED: ONEIDA COUNTY C