Preview
At Part of the Supreme Court of the
State of New York, held in and for the
County of QUEENS at the Courthouse
thereof, 88-1I Sutphin Blvd, Jamaica, NY
11435 on the day of
. . _, 2019.
P R E S E N T: Honorable TIMOTHY J. DUFFICY, J.S.C.
JUSTICE OF THE SUPREME COURT
__ ----------------------X
JAMES B. NUTTER & COMPANY, INDEX NO.: 704581/2018
Plaintiff(s), 9R.DER OF REFERENCE AND
DEFAULT JUDGMENT
vs.
MORTGAGED PROPERTY: 120-17
CARLETON F MILLS AS HEIR AND
180TH STREET JAMAICA ' NY 11434
DISTRIBUTEES OF THE ESTATE OF PEARL
COUNTY: QUEENS
MILLS, CAROL LYNNE MILLS HEIRS AND
SBL#:
DISTRIBUTEES OF THE ESTATE OF PEARL
Block 12458,
MILLS, PATRICIA A BURRELL HEIRS AND
ESTATE OF PEARL Lot 337
DISTRIBUTEES OF THE
MILLS; UNKNOWN HEIRS AND
DISTRIBUTEES OF THE ESTATE OF PEARL
MILLS any and all persons unknown to plaintiff,
claiming, or who may claim to have an interest in,
or general or specific lien upon the real property
described in this action; such unknown persons
being herein generally described and intended to be
included in the following designation, namely: the
wife, widow, husband, widower, heirs at law, next
of kin, descendants, executors, administrators,
devisees, legatees, creditors, trustees, committees,
lienors, and assignees of such deceased, any and all
persons deriving interest in or lien upon, or title to
said real property by, through or under them, or
either of them, and their respective wives, widows,
husbands, widowers, heirs at law, next of kin,
descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, lienors and
assigns, all of whom and whose names, except as
stated, are unknown to plaintiff; NEW YORK
STATE DEPARTMENT OF TAXATION AND
UNITED STATES OF AMERICA -
FINANCE;
INTERNAL REVENUE SERVICE; SECRETARY
OF HOUSING AND URBAN DEVELOPMENT,
18-138466 - RoO
#1" #12,"
"JOHN DOE through "JOHN DOE the
last twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
_____.------ -------------- --X
UPON reading the Summons, Complaint and Notice of Pendency filed in this action on
the March 27, 2018, the Amended Notice of Pendency filed in this action on the on November
1, 2018, Notice of Pendency filed in this action on the on December 05, 2018, the Notice of
Motion dated September 27, 2019, the affirmation of Christina Bruderman, Esq., and the exhibits
annexed thereto, and upon the affidavit of merit and amount due by Elizabeth Birk who is
Assistant Secretary of Compu-Link Corporation, d/b/a Celink, duly sworn to on July 30, 2019;
together with the exhibits attached thereto, and all prior papers filed in this action; and
UPON proof this action was brought to foreclose a mortgage on real property located at
120-17 180TH STREET, JAMAICA, NY 11434, in the County of QUEENS, State of New York
[Block 12458, Lot 337);
UPON proof that each of the Defendants herein have been duly served with the Summons
and Complaint in this action and required notices; and
UPON a notice of appearance by UNITED STATES OF AMERICA-INTERNAL
REVENUE SERVICE AND SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
AND it appearing that the Defendants/mortgagors are not residents of the property
subject to foreclosure;
AND it appearing that, CARLETON F MILLS AS EXECUTOR, HEIR, AND
DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, CAROL LYNNE MILLS, AS HEIR
18-138466 - RoO
AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, PATRICIA A BURREL,L AS
HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE'S time to answer the complaint has expired;
and
AND itappearing to the satisfaction of this court that this action was brought to foreclose
a mortgage on real property located at 120-17 180TH STREET, JAMAICA, NY 11434, in the
County of Queens, State of New York [Block 12458, Lot 337],
NOW,.on motion by RAS Boriskin, LLC, attorney for the Plaintiff, it ishereby
ORDERED that Defendants, CARLETON F MILLS AS EXECUTOR, HEIR, AND
DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, CAROL LYNNE MILLS AS HEIR
AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, PATRICIA A BURRELL AS
HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, are deemed to be in default; and itis further
ORDERED that __ _ ___ with an address of
, is hereby
appointed Referee, in accordance with RPAPL §1321, to compute the amount due to Plaintiff
and to examine whether the mortgaged property can be sold in parcels; and itis further
ORDERED that the Referee make his/her computation and report with all convenient
speed; and itis further
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL
§1321; and itis 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
18-138466 - RoO
limited to §36.2 (c) ("Disqualifications from appointment"), and §36.2 (d) ("Limitations on
appointments based upon compensation"); and, if the Referee is disqualified from receiving an
appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the
Appointing Judge; and itis further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the
discretion of the court, a fee of $ , shall be paid to the Referee for the computation of the
amount due and upon the filing of his/her report, and the Referee shall not request or accept
additional compensation for the computation unless it has been fixed by the court in accordance
with CPLR 8003(a); and it isfurther
ORDERED that the Referee is prohibited from accepting or retaining any funds for
him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and itis further
ORDERED, that REVERSE MORTGAGE FUNDING LLC, be substituted into the
caption in the place and stead of Plaintiff, and, following such substitution, that the Clerk of the
Court amend the docket and electronic docket accordingly; and itis further
ORDERED that CARELTON F. MILLS AS EXECUTOR, HEIR AND DISTRIBUTEE
OF THE ESTATE OF PEARL MILLS be substituted into the caption in the place and stead of
CARLETON F. MILLS AS EXECUTOR, HEIR AND DISTRIBUTEE OF THE ESTATE OF
PEARL MILLS; and it isfurther
ORDERED, that the caption shall read as follows:
--------------X
REVERSE MORTGAGE FUNDING LLC,
Plaintiff(s),
vs.
18-138466 - RoO
CARLETON F MILLS AS EXECUTOR, HEIR AND
DISTRIBUTEE OF THE ESTATE OF PEARL MILLS,
CAROL LYNNE MILLS HEIR AND DISTRIBUTEE
OF THE ESTATE OF PEARL MILLS, PATRICIA A
BURRELL HEIR AND DISTRIBUTEE OF THE
ESTATE OF PEARL MILLS; UNKNOWN HEIRS
AND DISTRIBUTEES OF THE ESTATE OF PEARL
MILLS any and all persons unknown to plaintiff,
claiming, or who may claim to have an interest in, or
general or specific lien upon the real property described
in this action; such unknown persons being herein
generally described and intended to be included in the
following designation, namely: the wife, widow,
husband, widower, heirs at law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors,
trustees, committees, lienors, and assignees of such
deceased, any and all persons deriving interest in or lien
upon, or title to said real property by, through or under
them, or either of them, and their respective wives,
widows, husbands, widowers, heirs at law, next of kin,
descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, lienors and
assigns, allof whom and whose names, except as stated,
are unknown to plaintiff; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE;
UNITED STATES OF AMERICA - INTERNAL
REVENUE SERVICE; SECRETARY OF HOUSING
AND URBAN DEVELOPMENT,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premises,
described in the complaint,
Defendants.
--------- X
ORDERED that the service of process is deemed timely, nunc pro tune, on CARLETON
F. MILLS AS EXECUTOR, HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL
18-138466 - RoO
MILLS;
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all
parties and persons entitled to notice, including the Referee appointed herein.
This constitutes the decision and order of the court.
DATED: ENTER:
J.S.C.
18-138466 - RoO
Index No.: 704581/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
JAMES B. NUTTER & COMPANY,
PLAINTIFF,
vs.
CARLETON F MILLS AS HEIR AND DISTRIBUTEES OF THE ESTATE OF PEARL
MILLS, CAROL LYNNE MILLS HEIRS AND DISTRIBUTEES OF THE ESTATE OF
PEARL MILLS, PATRICIA A BURRELL HEIRS AND DISTRIBUTEES OF THE ESTATE
OF PEARL MILLS; UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF
PEARL MILLS any and allpersons unknown to plaintiff, claiming, or who may claim to have an
interest in, or general or specific lien upon the real property described in this action; such
unknown persons being herein generally described and intended to be included in the following
designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and
assignees of such deceased, any and all persons deriving interest in or lien upon, or titleto said
real property by, through or under them, or either of them, and their respective wives, widows,
husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, lienors and assigns, allof whom and whose names,
except as stated, are unknown to plaintiff; NEW YORK STATE DEPARTMENT OF
TAXATION AND UNITED STATES OF AMERICA - INTERNAL REVENUE
FINANCE;
SERVICE; SECRETARY OF HOUSING AND URBAN DEVELOPMENT,
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve names being fictitious and
unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien upon the premises, described in the
complaint,
DEFENDANTS.
ORDER OF REFERENCE
RAS Boriskin, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
18-138466 - RoO
Preview
At Part of the Supreme Court of the State of New York, held in and for the County of QUEENS at the Courthouse thereof, 88-1I Sutphin Blvd, Jamaica, NY 11435 on the day of . . _, 2019. P R E S E N T: Honorable TIMOTHY J. DUFFICY, J.S.C. JUSTICE OF THE SUPREME COURT __ ----------------------X JAMES B. NUTTER & COMPANY, INDEX NO.: 704581/2018 Plaintiff(s), 9R.DER OF REFERENCE AND DEFAULT JUDGMENT vs. MORTGAGED PROPERTY: 120-17 CARLETON F MILLS AS HEIR AND 180TH STREET JAMAICA ' NY 11434 DISTRIBUTEES OF THE ESTATE OF PEARL COUNTY: QUEENS MILLS, CAROL LYNNE MILLS HEIRS AND SBL#: DISTRIBUTEES OF THE ESTATE OF PEARL Block 12458, MILLS, PATRICIA A BURRELL HEIRS AND ESTATE OF PEARL Lot 337 DISTRIBUTEES OF THE MILLS; UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF PEARL MILLS any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff; NEW YORK STATE DEPARTMENT OF TAXATION AND UNITED STATES OF AMERICA - FINANCE; INTERNAL REVENUE SERVICE; SECRETARY OF HOUSING AND URBAN DEVELOPMENT, 18-138466 - RoO #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. _____.------ -------------- --X UPON reading the Summons, Complaint and Notice of Pendency filed in this action on the March 27, 2018, the Amended Notice of Pendency filed in this action on the on November 1, 2018, Notice of Pendency filed in this action on the on December 05, 2018, the Notice of Motion dated September 27, 2019, the affirmation of Christina Bruderman, Esq., and the exhibits annexed thereto, and upon the affidavit of merit and amount due by Elizabeth Birk who is Assistant Secretary of Compu-Link Corporation, d/b/a Celink, duly sworn to on July 30, 2019; together with the exhibits attached thereto, and all prior papers filed in this action; and UPON proof this action was brought to foreclose a mortgage on real property located at 120-17 180TH STREET, JAMAICA, NY 11434, in the County of QUEENS, State of New York [Block 12458, Lot 337); UPON proof that each of the Defendants herein have been duly served with the Summons and Complaint in this action and required notices; and UPON a notice of appearance by UNITED STATES OF AMERICA-INTERNAL REVENUE SERVICE AND SECRETARY OF HOUSING AND URBAN DEVELOPMENT; AND it appearing that the Defendants/mortgagors are not residents of the property subject to foreclosure; AND it appearing that, CARLETON F MILLS AS EXECUTOR, HEIR, AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, CAROL LYNNE MILLS, AS HEIR 18-138466 - RoO AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, PATRICIA A BURREL,L AS HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE'S time to answer the complaint has expired; and AND itappearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 120-17 180TH STREET, JAMAICA, NY 11434, in the County of Queens, State of New York [Block 12458, Lot 337], NOW,.on motion by RAS Boriskin, LLC, attorney for the Plaintiff, it ishereby ORDERED that Defendants, CARLETON F MILLS AS EXECUTOR, HEIR, AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, CAROL LYNNE MILLS AS HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, PATRICIA A BURRELL AS HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, are deemed to be in default; and itis further ORDERED that __ _ ___ with an address of , is hereby appointed Referee, in accordance with RPAPL §1321, to compute the amount due to Plaintiff and to examine whether the mortgaged property can be sold in parcels; and itis further ORDERED that the Referee make his/her computation and report with all convenient speed; and itis further ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321; and itis 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 18-138466 - RoO limited to §36.2 (c) ("Disqualifications from appointment"), and §36.2 (d) ("Limitations on appointments based upon compensation"); and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and itis further ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the discretion of the court, a fee of $ , shall be paid to the Referee for the computation of the amount due and upon the filing of his/her report, and the Referee shall not request or accept additional compensation for the computation unless it has been fixed by the court in accordance with CPLR 8003(a); and it isfurther ORDERED that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and itis further ORDERED, that REVERSE MORTGAGE FUNDING LLC, be substituted into the caption in the place and stead of Plaintiff, and, following such substitution, that the Clerk of the Court amend the docket and electronic docket accordingly; and itis further ORDERED that CARELTON F. MILLS AS EXECUTOR, HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS be substituted into the caption in the place and stead of CARLETON F. MILLS AS EXECUTOR, HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS; and it isfurther ORDERED, that the caption shall read as follows: --------------X REVERSE MORTGAGE FUNDING LLC, Plaintiff(s), vs. 18-138466 - RoO CARLETON F MILLS AS EXECUTOR, HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, CAROL LYNNE MILLS HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS, PATRICIA A BURRELL HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL MILLS; UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF PEARL MILLS any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, allof whom and whose names, except as stated, are unknown to plaintiff; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE; SECRETARY OF HOUSING AND URBAN DEVELOPMENT, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. --------- X ORDERED that the service of process is deemed timely, nunc pro tune, on CARLETON F. MILLS AS EXECUTOR, HEIR AND DISTRIBUTEE OF THE ESTATE OF PEARL 18-138466 - RoO MILLS; ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein. This constitutes the decision and order of the court. DATED: ENTER: J.S.C. 18-138466 - RoO Index No.: 704581/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS JAMES B. NUTTER & COMPANY, PLAINTIFF, vs. CARLETON F MILLS AS HEIR AND DISTRIBUTEES OF THE ESTATE OF PEARL MILLS, CAROL LYNNE MILLS HEIRS AND DISTRIBUTEES OF THE ESTATE OF PEARL MILLS, PATRICIA A BURRELL HEIRS AND DISTRIBUTEES OF THE ESTATE OF PEARL MILLS; UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF PEARL MILLS any and allpersons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or titleto said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, allof whom and whose names, except as stated, are unknown to plaintiff; NEW YORK STATE DEPARTMENT OF TAXATION AND UNITED STATES OF AMERICA - INTERNAL REVENUE FINANCE; SERVICE; SECRETARY OF HOUSING AND URBAN DEVELOPMENT, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, DEFENDANTS. ORDER OF REFERENCE RAS Boriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 18-138466 - RoO