Preview
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022
EXHIBIT A
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022
NYSCEF Confirmation Notice
Queens County Supreme Court
The NYSCEF website has received an electronic filingon 06/30/2022 01:22 PM. Please keep thisnotice
as a confirmation of thisfiling.
704716/2021
WELLS FARGO BANK, N.A. v. PAULINE LOVELACE et al
Assigned judge: Thomas D Raffaele
Documents Received on 06/30/2022 01:22 PM
Doc # Document Type
20 NOTICE OF MOTION
21 AFFIDAVIT OR AFFIRMATION IN SUPPORT
22 ORDER(PROPOSED)
23 EXHIBIT(S) A
24 EXHIBIT(S) B
25 AFFIRMATION/AFFIDAVIT OF SERVICE
Filing User
Karen B. Olson | kbo@kkmilp.com
565 Taxter Rd Ste 590, Elmsford, NY 10523
E-mail Notifications
An email regarding thisfilinghas been sent to the following on 06/30/2022 01:22 PM:
JOHN E. BRIGANDI - Brigandij@gmail.com
LOUIS A. LEVITHAN - lal@kkmilp.com
JORDAN J. MANFRO - JJM@kkelaw.com
KAREN B. OLSON - kbo@kkmilp.com
Audrey 1. Pheffer,Queens County Clerk and Clerk of the supreme Court
Phone: 718-298-0173, 718-298-0601 Website: https://www.nycourts.gov/COURTS/11jd/queensclerk
NYSCEF Resource Center, nyscef@nycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
Page 1 of 2
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022
NYSCEF Confirmation Notice
Queens County Supreme Court
704716/2021
WELLS FARGO BANK, N.A. v. PAULINE LOVELACE et al
Assigned Judge: Thomas D Raffaele
Email Notifications NOT Sent
Role Party Attorney
Respondent PAULINE LOVELACE No consent on record.
Respondent NEW YORK CITY TRANSIT No consent on record.
ADJUDICATION BUREAU
Respondent NEW YORK CITY PARKING No consent on record.
VIOLATIONS BUREAU
Respondent GLENN A. BECKER No consent on record.
Respondent NEW YORK CITY No consent on record.
ENVIRONMENTAL CONTROL
* Court rulesrequirehard service upon parties and attorneys who have opted-outor declined
copy non-participating
consent.
Audrey 1. Pheffer,Queens County Clerk and Clerk of the Supreme Court
Phone: 718-298-0173, 718-298-0601 Website: https://www.nycourts.gov/COURTS/11jd/queensclerk
NYSCEF Resource Center, nyscef@nycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
Page 2 of 2
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_____....___________________________________..______Ç
WELLS FARGO BANK, N.A.,
Plaintiff,
-against-
Index No. 704716/2021
PAULINE LOVELACE; NEW YORK CITY
TRANSIT ADJUDICATION BUREAU; NEW
NOTICE OF MOTION
YORK CITY PARKING VIOLATIONS BUREAU;
GLENN A BECKER, M.D.; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
Defendants.
____________--------_______________-Ç
SIRS:
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Karen B Olson, Esq., dated June
, 2022, the Notice of Pendency and Summons and Complaint in this action, filed in the office of the
County Clerk of the County of Queens on March 6, 2015, the proofs of due service thereof previously
filed herein, and upon allof the other papers filed and proceedings had herein, a motion, pursuant to
RPAPL §1321 will be made at an IAS Part 32 of this Court to be held at the Queens County Supreme
Court thereof, Civil Term, 88-11 Sutphin Boulevard, Jamaica, NY 11435, on July 25, 2022 at 9:30 a.m.
in the forenoon of that day or as soon thereafter as counsel can be heard for an order appointing successor
referee pursuant to RPAPL 1351 and for such other and further reliefas to this Court may be just and
proper in the premises, together with the costs of this action.
PLEASE TAKE NOTICE that an order, a copy of which is annexed hereto, will, at the same time
and place, be submitted to the Justice of the above-named Court for signature.
Dated: June 2022 Knuckles, omosinski & Manfro, LLP
Elmsford, New York
By
Karen BWs , -sq.
rney for Plaintiff
565 Taxter Road, Suite 590
Elmsford, NY 10523
(914) 345-3020
Successor Referee/2296-000644-FC/ LOVELACE
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NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022
To:
Pauline Lovelace
161-19 128th Av
Jamaica, NY 11434
Pauline Lovelace
General Post 312343
Jamaica, NY 11431
Ned H. Kassman, Esq.
35-36 76th Street, Apt. 221
Jackson Heights, NY 11372
Successor Referee/2296-000644-FC/ LOVELACE
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_________________________________________________Ç
WELLS FARGO BANK, N.A.,
Plaintiff,
Index No. 704716/2021
-against-
LOVELACE·
PAULINE NEW YORK CITY
ATTORNEY'S AFFIRMATION IN
TRANSIT ADJUDICATIPN BUREAU; NEW YORK
CITY PARKING
SUPPORT OF ORDER
VIOLATIONS BUREAU; GLENN
APPOINTING SUCCESSOR
A BECKER M.D.; NEW YORK CITY
REFEREE
ENVIRONMENTAL CONTROL BOARD,
Defendants.
______________________________________________Ç
Karen B Olson, Esq. pursuant to CPLR §2106 and under the penalties of perjury, affirms as
follows:
1. I am an Associate with the Law Offices of Knuckles, Komosinski & Manfro, LLP, the attorneys
of record for the Plaintiff in the within action and as such am fully familiar with the facts of thiscase and
the proceedings heretofore had herein.
2. Pursuant to the Order of the Hon. Thomas D. Raffaele, J.S.C. dated July 22, 2015, a copy of which
is annexed hereto as Exhibit "A", Ned Kassman, Esq., was duly appointed as Referee to sell the
mortgaged premises at public auction.
3. Attorney Ned Kassman, Esq. has advised our office that he isunable to take the appointment. As
such, we hereby request that a substitute Referee be appointed to conduct the foreclosure sale.A of
copy
the written correspondence is annexed hereto as Exhibit "B".
4. Based there upon, itis respectfully requested that the annexed Order be signed a new
substituting
Referee so that the foreclosure action may proceed without further delay.
5. No previous application for the within relief has been made.
WHEREFORE, itis respectfully requested that the annexed order be made and entered and that
this Court grant Plaintiff such other and further relief as may be just, proper and further relief as may be
just, proper and equitable.
Dated: June /,2022
Elms5rd, New York
Karen B Olson,ks2 .
Successor Re feree/2296-000644-FC/ LOVELACE
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022
At an IAS Part of the Supreme Court
of the State of New York held in the County of
Queens at the Courthouse, located at Civil
Term, 88-11 Sutphin Boulevard, Jamaica, NY
11435 on , 2022.
PRESENT: Hon. Thomas D Raffaele, J.S.C.
_________________..________________________________________________Ç
WELLS FARGO BANK, N.A., Index No. 704716/2021
Plaintiff,
-against- Servicer: NewRez LLC, F/K/A New
Penn Financial, LLC, D/B/A Shellpoint
Mortgage Servicing
PAULINE LOVELACE; NEW YORK CITY 800-365-7107
TRANSIT AD JUDICATION BUREAU; NEW
YORK CITY PARKING VIOLATIONS BUREAU; ORDER APPOINTING
GLENN A BECKER, M.D.; NEW YORK CITY SUCCESSOR REFEREE
ENVIRONMENTAL CONTROL BOARD,
Defendants. Address:
Property
161 -19 128 TH AV
JAMAICA, NY 11434
__________________________________________________________________Ç
Upon the Order of Hon. Thomas D. Raffaele, J.S.C. dated July 22, 2015, appointing Ned Kassman,
Esq. as the Referee to sell this premises, and on reading the attached affirmation of Karen B Olson
attorney for Plaintiff, dated June _ 2022, and after due deliberation, itis
ORDERED, that the motion is in allrespects granted; and itis further
ORDERED, that this action be and the same hereby is referred to
of , as successor Referee
for Ned Kassman, Esq., who cannot accept such appointment, as Referee to sell the premises at public
action; and itis further
ORDERED, that, Ned Kassman, Esq., heretofore appointed Referee in this action pursuant to
order of Hon. Thomas D. Raffaele, J.S.C. dated July 22, 2015, be and hereby is released and discharged
from his duties as said Referee.
ENTER:
Hon. Thomas D Raffaele, J.S.C.
Successor Referee/2296-000644-FC/ LOVELACE
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021
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ORIGINAL IAS Term, Part b of the Supreme Court of
he Stateof New York, held in and forthe
ENTERED Jounty of QUEENS, at the Courthouse thereof
ated at , 88-11Sutphin Boulevard, Jamaica,
( '.(3 p
n the .'f- of fÃ2. /
day , 20/g
P R E S E N p
T: 28
Jl)L NE
Hon. Thomas D. Raffaele FI=BD & liu@RDgn
COUNMER
Justice
COUNTY OF QUEENS
JUL 2S 2015
SUPREME COURT OF THE STATE OF NEW YORK C OU NTY
CLERK
COUNTY OF QUEENS QUEEN8
COUNTY
.---...-....------..--..-..-----....-..--..---...--x
WELLS FAROO BANK, N.A. Index No.: I5328-13
Plaintiff, D/O/F:
-against- JUDGMENT OF
FORECLOSURE AND SALE
PAULINE LOVELACE; NEW YORK CITY TRANSIT Premises Address:
ADJUDICATION BUREAU NEW YORK CITY PARKING
VIOLATIONS BUREAU; GLENN A. BECKER, M.D.; 161-19 128TH AVENUE
NEW YORK CITY ENVIRONMENTAL CONTROL JAMAICA, NY 11434
BOARD
Defendant(s),
--....-.....-.----......---....-----.---._.----------x
ON the Summons, Complaint, and Notice of Pendency duly filed in thisaction inthe Officeof
the County Clerk of the County of Queens on August 12,2013 ; and allproceeding had thereon; and
upon the Notice of Motion dated March 30, 2015, the affirmation of regularityof Meredith Larsen,
Esq. of Rosicki, Rosicki & Associates, P.C.,dated March 4, 2014, with exhibitsannexed, showing that
allDefendants herein have been duly served within thisState with the Summons in thisaction, or have
voluntarily appeared by their respective attorneys;and on proof of service upon and appearance by the
Defendant(s) herein heretofore filed in thisaction;and stating that more than the legallyrequired
number of days have elapsed sincesaid Defendants were soserved; and that none of the Defendants
has served an Answer to said Complaint, nor has theirtime to do so been extended and upon the
affirmation of services rendered of Elena Cummings, Esq. dated March 30, 2015 and
ON theOrder of Reference dated November 5, 2014 appointing NED H. KASSMAN, ESQ., as
Referee in thisaction to ascertain and compute the amount due, and to examine the Plaintiffor its
agent
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under oath as to theallegations contained inthe and to examine and report whether the
Complaint,
mortgaged premises should be sold in one or more parcels; and on and the Oath and
reading filing
Report of theaforesaid Referee sworn to and dated November itappears that thesum of
24, 2014,
$229,833.31 was due to Plaintiff,as of January 21, 2014 , plusa per diem interestfor every day
thereafter,on the date of saidreport and that themortgaged premises should be sold in one parcel,and
afterdue deliberation having been had thereon; and upon and the decision of theCourt
reading filing
dated of evu da&.
NOW, upon motion of ROSICKI, ROSICKI & ASSOCIATES, RC., attorneys forplaintiff
herein, itis
ORDERED, ADJUDGED AND DECREED, thatthe motion isgranted without opposition;
and itis further
ORDERED, ADJUDGED AND DECREED, that thereport of NED H. KASSMAN, ESQ.,
dated November 24, 2014, be, and the same ishereby, in allrespects,ratifiedand confirmed; and itis
further
ORDERED, ADJUDGED AND DECREED, that themortgaged premises described in the
Complaint in thisaction, and hereinafter described, or such part thereofas may be sufficient to
discharge the mortgage debt under the note and mortgage, the expenses of saleand thecosts of this
action as provided by the Real Property Actions and Proceedings law be sold, in one parcel,at public
auction atthe QUEENS COUNTY SUPREME COURT, located at88-11 SUTPHIN BOULEVARD,
JAMAICA, NEW YORK, IN COURTROOM #25, AT 11:00 A.M. ON A FRIDAY, by and under the
direction of NED H. KASSMAN, ESQ., who ishereby appointed Referee for thatpurpose; in the
absence of the designated Referee, the Court willdesignate a substituteReferee forthwith; thatsaid
Referee give public notice of thetime and place of such sale in accordance with law, practices of this
Court and R.RA.RL sec. 231 in $euKdru - (Qa9,,,g [,fa h and that Plaintiffor
any other parties to thisaction may become the purchaser or purchasers at thesaid sale;that incase the
Plaintiffshallbecome the purchaser at thesaid sale,they shallnot be required to make any deposit
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thereon; that aid Referee execute to thepurchaser or purchasers on such salea deed of the premises
sold; that inthe event a partyother than the Plaintiffbecomes the purchaser or purchasers atsuch sale,
they shallbe required to tendera deposit of 10% of thepurchase price in certifiedfunds and the closing
of title
shall be had thirtydays after such sale unless otherwise stipulated allparties to thesale;and
by
itis further
ORDERED, that theReferee appointed herein issubject to therequirements of Rule 362(c) of
the Chief Judge, and if theReferee isdisqualified from receiving an appointment pursuant to the2
provisions of thatRule, the Referee shallnotify the appointing Justiceforthwith; and itis further
ORDERED, ADJUDGED AND DECREED, that saidReferee, upon receiving the proceeds of
sale,shall forthwith pay therefrom, in accordance with theirpriorityaccording to law,the taxes,
assessments, sewer rents or water rateswhich are ormay become lionson the premises at thetime of
sale with such interestor penalties which may have lawfully accrued thereon to thedate of payment;
and it isfurther
ORDERED, ADJUDGED AND DECREED, that saidReferee then deposit the balance of said
proceeds of sale inhis/herown name as Referee in @ugh th , and shallthereafter
make the following payments, and his/her checks drawn for thatpurpose shallbe paid by said
depository:
FIRST: The statutory fee ofthe Referee in thesum of $500.00;
SECOND: The expenses of saleand theadvertising expenses as shown on the bills
presented and certifiedby said Referee to be correct,duplicate copies of which
shall be annexed to thereport of sale.
The Referee shall not he held responsible forthe payment of penalties or fees
pursuant to thisappointment. The Purchaser shallhold the Referee harmless from
any such penaltiesor fees assessed.
THIRD: Said Referee shall also pay to or
plaintiff, toROSICKI, ROSICKI, AND
ASSOCIATES, P.C.,its attorneys,the sum of$ ) . to be determined by
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the Clerk and adjudged to thePlaintiff for costsand disbursements inthis action
to be taxed by the Clerk and inserted herein, with interestthereon from the date
. hereof;
, and
also the sum of$229,833 31 the said amount so reported due the as aforesaid,
together with interestthereon from January 21, 2014 , thedate interestwas
calculated to insaid report, or so much thereof as the purchase money of the
mortgaged premises willpay of the same, together with any advances necessarily
paid by the Plaintifffor taxes,fireinsurance, principal and interest to prior
mortgages to preserveand or maintain the premises not previously included in
any computations, upon presentation of receipts for saidexpenditures to the
Referee, together with $ 3 9po, hereby awarded to thePlaintiffas reasonable
legal fees herein,together with any advances as provided for inthe note and
mortgage, which Plaintiffhas made for taxes,insurance, principal and interest
and any othercharges due to priormortgages, or tomaintain the premises
pending consummation of thisforeclosure sale,not previously included in the
computation and upon presentation of receipts for saidexpenditures to the
Referee, alltogether with interestthereon pursuant to thenote and mortgage.
FOURTH: Ifsuch Referee intends to apply for a furtherallowance for his/herfees,he/she
may leave upon deposit such amount as willcover such additional allowance, to
await the further order of thisCourt thereon afterapplication duly made upon due
notice to those partiesentitled thereof·,
That in case the Plaintiff
be the purchaser of said mortgaged premises at saidsale, orin the eventthat
the rights of the purchasers at saidand theterms of saleunder thisjudgment shall be assigned toand be
acquired by the Plaintiff,and a valid assignment filedwith said Referee, said Referee shall not require
the Plaintiffto pay in cash the entireamount bid atsaid sale,but shallexecute and deliver to the
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021
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Plaintiff,or itsassignee,a deed or deeds of the premises sold upon the payment to saidReferee of the
"FIRST" "SECOND"
amount specified above in items marked and and the amounts of theaforesaid
taxes,assessments, sewer rents and water rates,with interestand penalties thereon, or,in lieuof the
payment of said lastmentioned amounts, upon filingwith said Referee receipts of theproper municipal
. authorities showing payment thereof;thatthe balance of the amount bid, afterdeducting therefrom the
aforesaid amounts paid by the plaintifffor Referee'sfees,advertising expenses, taxes,assessments,
sewer rents and water rates shallbe allowed to thePlaintiffand applied by said Referee upon the
amounts due "THIRD;"
to the as specified
Plaintiff in item marked thatif afterso applying the balance
of the amount bid, thereshall be a surplus over and above the said amounts due to the the
Plaintiff,
Plaintiffshallpay to the said Referee, upon delivery to Plaintiffof saidReferee's deed, the amount of
such surplus; that saidReferee, upon receiving said severalamounts from the Plaintig shall forthwith
pay therefrom said taxes,assessments,sewer rentsand water rates,with interestand penalties thereon,
unless the same have already been paid, and shall then deposit the balance.
The said Referee shalltake the receipt of thePlaintiff,or the attorneysfor thePlaintiff,forthe amounts
"THIRD" he/she depositthe
paid as directedin item above, and fileitwith his/her reportof sale;that
surplus monies, ifany, with the Queens County Clerk within five days after the same shall be received
and be ascertainable, to the creditof thisaction,to be withdrawn only on an order of thisCourt, signed
by a Justice of thisCourt. The Referee shall make his/herreport of such sale under oath showing the
disposition of theproceeds of the saleand accompanied by the vouchers of thepersons to whom
payments were made, and shall fileitwith the Queens County Clerk within thirtydays after completing
the sale and executing the proper conveyance to thepurchaser, and that ifthe proceeds of such salebe
insufficientto pay the amount reported due to the with
Plaintiff interestand costs as aforesaid,the said
Referee shallspecify the amount of such deficiency in his/herreport of sale;
ORDERED, that theplaintiffshallrecover from the defendant(s) PAULINE LOVELACE the
whole or so much thereof as the court may determine to be justand equitable of theresidue
deficiency
of the mortgage debt unsatisfied aftera sale ofthe mortgaged premises and the application
remaining
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of theproceeds thereof, provided a motion for a deficiencyjudgment shallbe made a prescribedin
section 1371 ofthe Real Property Actions and Proceedings Law within the time limited therein,and the
amount thereof isdetermined and awarded by an order of thisCourt as provided forin said section;and
itisfurther,
ORDERED, ADJUDGED AND DECREED, that thepurchaser or purchasers at saidsale be
letinto possession on production or delivery of the Referee'sdeed or deeds; and itis further
ORDERED, ADJUDGED AND DECREED, that each and allof the Defendants in thisaction
and all persons claiming under them, or any or eitherof them, afterthe filingof such notice of
pendency of thisaction, be and they are hereby forever barred and foreclosed of allright,claim,lien,
interest
title, and equity of redemption in saidmortgaged premises and each and every partthereof; and
Othfath r@nh MU½éch Tawr TM¬ OwMs OF THE u oF
ry
itis further R£atm f f ronS½&u. %£ St e-ve h w rtu A norn.µ s hG 'T*f
Divit ne Anh pmes OF TW¬. A-uctmrt.
ORDERED, ADJUDGED AND DECREED, thatsaid premises is tobe sold in one parcelin
is"
"as physical order and condition, subjectto any stateof facts thatan inspection of thepremises
would disclose;any state of factsthat an accurate survey ofthe premises would show; any covenants,
restrictions,declarations, reservations, easements, rightsof way and public utilityagreements ofrecord,
ifany; any buildingand zoning ordinances of themunicipality in which the mortgaged premises is
located and possible violations of same; any rights of tenants or persons in possession of the subject
premises; prior,liens of record,ifany, except those liensaddressed in section 1354 of the Real Property
Actions and Proceedings Law; any equity of redemption of theUNITED STATES OF AMERICAto
redeem the premises within 120 days from the date of sale;and itisfurther
ORDERED, ADJUDGED AND DECREED, that a copy of theJudgment with Notice of
Entry shall be served upon the owner of the equity of redemption, any tenants named in thisactionand
any otherparty entitled to notice.
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Said premises commonly known as 161-19 128TH AVENUE, JAMAICA, NY 11434, bearing
tax designation: Block: Lot: 140. A description of said mortgaged pnmises isannexed
map 12269;
"A."
hereto and made a part hereof as Schedule
Dated: /-f /)
E N T E R:
Justice of the Supreme Court
ENTERED
PM
00U 23 2015
CLERK
COUNW
OF QUEENS
COUNW
&
RECORDgy
JUL 23 2015
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)LL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, SITUATE, LYtNG AND BEING IN THE BOROUGfl
AND COUNTY OF OUEENS. CITY AND STATE OF NEW YORK, BOUNDE D AND DESCPRED
AG FOLLOWS:
BEGINN1NG AT A POINT ON THE NORTHERLY S E OF 12STH AVENUE (FORMERLY
LENOX STREET) DISTANT 160 FEET EASTERLY EROM THE CORNER FORMED BY THE
IN.TERSECTION OF THE NORTHERLY SIDE OF 120TH AVENUE WITH THE EASTERLY SIDE
OF 161ST STREET AS BAID STREET AND AVENUE ARE SHOWN ON A CERTAIN MAP
ENTITEED "MAP OF METROPOLITAN MANOR, PROPERTY OF THE MANHATTAN AND
.. SUBURBAN HOME O0,. SITUATED IN THE REGtSTER OF THE COUNTY OF QUEENS. MAY
. 21, 1907, AS MAP.#994.
. RUNNING.TklENCE EASTERLY ALONG THE NORTHERLY SIDE OF 2BTH AVENUE 40 FEiET:
THENCE NORTHERLY AT RIGHT ANGLES TO 120TH AVENUE, 80 PEET;
THENCE EASTERLY AT RIGHT ANGLE TO THE LAST MENTIONED COURSE, i.91 FEET.T-O
THE EASTERLY UNE OF LOT 102 AS SFfOWN ON THE AF.ORESAID MAP.
THENCE NORTHERLY ALONG THE SAID EASTERLY LINE OF LOT #102 0.56 FEET TO A
POtNT DISTANT 100 FEET SOOTHERLY FROM THE SOUTHERLY SIDE OF LOCUST
AVENUE AS SHOWN ON THE AFORESAID MAP$:
THENCE WESTERLY PARALLEL WITH THE SAID THE SAIO SOUTHERLY SIDE OF LOCUST
AVENUE AND 100FEET SOUTHERLY THEREFROM 41.69 FEET AND·,
THENOE SOUTHERLY AGAfN AT RIGHT ANGLES TO 12STH AVENUE, D275 FEET TO THE
NORTHERLY SIDE OF 128TH AVENUE AT THE PotNT OR PLACE OF BEGINNING.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--...--......-........._..----...........___......____.----x
WELLS FARGO BANK, N.A.
Plaintiff, Index No.: 15328-13
-against- COST S OF PLAINTIFF
PAULINE LOVELACE, etal.,
Defendants.
---..--..........____....-...._...----..----------...---x
Costs before Notes of Issue filed,
CPLR §820 1(I)...............................................................$200.00
Additional Allowance Statute - CPLR 48302(a)(b):
by
addi,(not exceeding $200) $200 at100.$20.00
addi.(not exceeding $800) $800 at 50.$40.00
Preview
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 EXHIBIT A FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 NYSCEF Confirmation Notice Queens County Supreme Court The NYSCEF website has received an electronic filingon 06/30/2022 01:22 PM. Please keep thisnotice as a confirmation of thisfiling. 704716/2021 WELLS FARGO BANK, N.A. v. PAULINE LOVELACE et al Assigned judge: Thomas D Raffaele Documents Received on 06/30/2022 01:22 PM Doc # Document Type 20 NOTICE OF MOTION 21 AFFIDAVIT OR AFFIRMATION IN SUPPORT 22 ORDER(PROPOSED) 23 EXHIBIT(S) A 24 EXHIBIT(S) B 25 AFFIRMATION/AFFIDAVIT OF SERVICE Filing User Karen B. Olson | kbo@kkmilp.com 565 Taxter Rd Ste 590, Elmsford, NY 10523 E-mail Notifications An email regarding thisfilinghas been sent to the following on 06/30/2022 01:22 PM: JOHN E. BRIGANDI - Brigandij@gmail.com LOUIS A. LEVITHAN - lal@kkmilp.com JORDAN J. MANFRO - JJM@kkelaw.com KAREN B. OLSON - kbo@kkmilp.com Audrey 1. Pheffer,Queens County Clerk and Clerk of the supreme Court Phone: 718-298-0173, 718-298-0601 Website: https://www.nycourts.gov/COURTS/11jd/queensclerk NYSCEF Resource Center, nyscef@nycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile Page 1 of 2 FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 NYSCEF Confirmation Notice Queens County Supreme Court 704716/2021 WELLS FARGO BANK, N.A. v. PAULINE LOVELACE et al Assigned Judge: Thomas D Raffaele Email Notifications NOT Sent Role Party Attorney Respondent PAULINE LOVELACE No consent on record. Respondent NEW YORK CITY TRANSIT No consent on record. ADJUDICATION BUREAU Respondent NEW YORK CITY PARKING No consent on record. VIOLATIONS BUREAU Respondent GLENN A. BECKER No consent on record. Respondent NEW YORK CITY No consent on record. ENVIRONMENTAL CONTROL * Court rulesrequirehard service upon parties and attorneys who have opted-outor declined copy non-participating consent. Audrey 1. Pheffer,Queens County Clerk and Clerk of the Supreme Court Phone: 718-298-0173, 718-298-0601 Website: https://www.nycourts.gov/COURTS/11jd/queensclerk NYSCEF Resource Center, nyscef@nycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile Page 2 of 2 FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _____....___________________________________..______Ç WELLS FARGO BANK, N.A., Plaintiff, -against- Index No. 704716/2021 PAULINE LOVELACE; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW NOTICE OF MOTION YORK CITY PARKING VIOLATIONS BUREAU; GLENN A BECKER, M.D.; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. ____________--------_______________-Ç SIRS: PLEASE TAKE NOTICE, that upon the annexed Affirmation of Karen B Olson, Esq., dated June , 2022, the Notice of Pendency and Summons and Complaint in this action, filed in the office of the County Clerk of the County of Queens on March 6, 2015, the proofs of due service thereof previously filed herein, and upon allof the other papers filed and proceedings had herein, a motion, pursuant to RPAPL §1321 will be made at an IAS Part 32 of this Court to be held at the Queens County Supreme Court thereof, Civil Term, 88-11 Sutphin Boulevard, Jamaica, NY 11435, on July 25, 2022 at 9:30 a.m. in the forenoon of that day or as soon thereafter as counsel can be heard for an order appointing successor referee pursuant to RPAPL 1351 and for such other and further reliefas to this Court may be just and proper in the premises, together with the costs of this action. PLEASE TAKE NOTICE that an order, a copy of which is annexed hereto, will, at the same time and place, be submitted to the Justice of the above-named Court for signature. Dated: June 2022 Knuckles, omosinski & Manfro, LLP Elmsford, New York By Karen BWs , -sq. rney for Plaintiff 565 Taxter Road, Suite 590 Elmsford, NY 10523 (914) 345-3020 Successor Referee/2296-000644-FC/ LOVELACE FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 To: Pauline Lovelace 161-19 128th Av Jamaica, NY 11434 Pauline Lovelace General Post 312343 Jamaica, NY 11431 Ned H. Kassman, Esq. 35-36 76th Street, Apt. 221 Jackson Heights, NY 11372 Successor Referee/2296-000644-FC/ LOVELACE FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _________________________________________________Ç WELLS FARGO BANK, N.A., Plaintiff, Index No. 704716/2021 -against- LOVELACE· PAULINE NEW YORK CITY ATTORNEY'S AFFIRMATION IN TRANSIT ADJUDICATIPN BUREAU; NEW YORK CITY PARKING SUPPORT OF ORDER VIOLATIONS BUREAU; GLENN APPOINTING SUCCESSOR A BECKER M.D.; NEW YORK CITY REFEREE ENVIRONMENTAL CONTROL BOARD, Defendants. ______________________________________________Ç Karen B Olson, Esq. pursuant to CPLR §2106 and under the penalties of perjury, affirms as follows: 1. I am an Associate with the Law Offices of Knuckles, Komosinski & Manfro, LLP, the attorneys of record for the Plaintiff in the within action and as such am fully familiar with the facts of thiscase and the proceedings heretofore had herein. 2. Pursuant to the Order of the Hon. Thomas D. Raffaele, J.S.C. dated July 22, 2015, a copy of which is annexed hereto as Exhibit "A", Ned Kassman, Esq., was duly appointed as Referee to sell the mortgaged premises at public auction. 3. Attorney Ned Kassman, Esq. has advised our office that he isunable to take the appointment. As such, we hereby request that a substitute Referee be appointed to conduct the foreclosure sale.A of copy the written correspondence is annexed hereto as Exhibit "B". 4. Based there upon, itis respectfully requested that the annexed Order be signed a new substituting Referee so that the foreclosure action may proceed without further delay. 5. No previous application for the within relief has been made. WHEREFORE, itis respectfully requested that the annexed order be made and entered and that this Court grant Plaintiff such other and further relief as may be just, proper and further relief as may be just, proper and equitable. Dated: June /,2022 Elms5rd, New York Karen B Olson,ks2 . Successor Re feree/2296-000644-FC/ LOVELACE FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 At an IAS Part of the Supreme Court of the State of New York held in the County of Queens at the Courthouse, located at Civil Term, 88-11 Sutphin Boulevard, Jamaica, NY 11435 on , 2022. PRESENT: Hon. Thomas D Raffaele, J.S.C. _________________..________________________________________________Ç WELLS FARGO BANK, N.A., Index No. 704716/2021 Plaintiff, -against- Servicer: NewRez LLC, F/K/A New Penn Financial, LLC, D/B/A Shellpoint Mortgage Servicing PAULINE LOVELACE; NEW YORK CITY 800-365-7107 TRANSIT AD JUDICATION BUREAU; NEW YORK CITY PARKING VIOLATIONS BUREAU; ORDER APPOINTING GLENN A BECKER, M.D.; NEW YORK CITY SUCCESSOR REFEREE ENVIRONMENTAL CONTROL BOARD, Defendants. Address: Property 161 -19 128 TH AV JAMAICA, NY 11434 __________________________________________________________________Ç Upon the Order of Hon. Thomas D. Raffaele, J.S.C. dated July 22, 2015, appointing Ned Kassman, Esq. as the Referee to sell this premises, and on reading the attached affirmation of Karen B Olson attorney for Plaintiff, dated June _ 2022, and after due deliberation, itis ORDERED, that the motion is in allrespects granted; and itis further ORDERED, that this action be and the same hereby is referred to of , as successor Referee for Ned Kassman, Esq., who cannot accept such appointment, as Referee to sell the premises at public action; and itis further ORDERED, that, Ned Kassman, Esq., heretofore appointed Referee in this action pursuant to order of Hon. Thomas D. Raffaele, J.S.C. dated July 22, 2015, be and hereby is released and discharged from his duties as said Referee. ENTER: Hon. Thomas D Raffaele, J.S.C. Successor Referee/2296-000644-FC/ LOVELACE FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 ORIGINAL IAS Term, Part b of the Supreme Court of he Stateof New York, held in and forthe ENTERED Jounty of QUEENS, at the Courthouse thereof ated at , 88-11Sutphin Boulevard, Jamaica, ( '.(3 p n the .'f- of fÃ2. / day , 20/g P R E S E N p T: 28 Jl)L NE Hon. Thomas D. Raffaele FI=BD & liu@RDgn COUNMER Justice COUNTY OF QUEENS JUL 2S 2015 SUPREME COURT OF THE STATE OF NEW YORK C OU NTY CLERK COUNTY OF QUEENS QUEEN8 COUNTY .---...-....------..--..-..-----....-..--..---...--x WELLS FAROO BANK, N.A. Index No.: I5328-13 Plaintiff, D/O/F: -against- JUDGMENT OF FORECLOSURE AND SALE PAULINE LOVELACE; NEW YORK CITY TRANSIT Premises Address: ADJUDICATION BUREAU NEW YORK CITY PARKING VIOLATIONS BUREAU; GLENN A. BECKER, M.D.; 161-19 128TH AVENUE NEW YORK CITY ENVIRONMENTAL CONTROL JAMAICA, NY 11434 BOARD Defendant(s), --....-.....-.----......---....-----.---._.----------x ON the Summons, Complaint, and Notice of Pendency duly filed in thisaction inthe Officeof the County Clerk of the County of Queens on August 12,2013 ; and allproceeding had thereon; and upon the Notice of Motion dated March 30, 2015, the affirmation of regularityof Meredith Larsen, Esq. of Rosicki, Rosicki & Associates, P.C.,dated March 4, 2014, with exhibitsannexed, showing that allDefendants herein have been duly served within thisState with the Summons in thisaction, or have voluntarily appeared by their respective attorneys;and on proof of service upon and appearance by the Defendant(s) herein heretofore filed in thisaction;and stating that more than the legallyrequired number of days have elapsed sincesaid Defendants were soserved; and that none of the Defendants has served an Answer to said Complaint, nor has theirtime to do so been extended and upon the affirmation of services rendered of Elena Cummings, Esq. dated March 30, 2015 and ON theOrder of Reference dated November 5, 2014 appointing NED H. KASSMAN, ESQ., as Referee in thisaction to ascertain and compute the amount due, and to examine the Plaintiffor its agent FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 under oath as to theallegations contained inthe and to examine and report whether the Complaint, mortgaged premises should be sold in one or more parcels; and on and the Oath and reading filing Report of theaforesaid Referee sworn to and dated November itappears that thesum of 24, 2014, $229,833.31 was due to Plaintiff,as of January 21, 2014 , plusa per diem interestfor every day thereafter,on the date of saidreport and that themortgaged premises should be sold in one parcel,and afterdue deliberation having been had thereon; and upon and the decision of theCourt reading filing dated of evu da&. NOW, upon motion of ROSICKI, ROSICKI & ASSOCIATES, RC., attorneys forplaintiff herein, itis ORDERED, ADJUDGED AND DECREED, thatthe motion isgranted without opposition; and itis further ORDERED, ADJUDGED AND DECREED, that thereport of NED H. KASSMAN, ESQ., dated November 24, 2014, be, and the same ishereby, in allrespects,ratifiedand confirmed; and itis further ORDERED, ADJUDGED AND DECREED, that themortgaged premises described in the Complaint in thisaction, and hereinafter described, or such part thereofas may be sufficient to discharge the mortgage debt under the note and mortgage, the expenses of saleand thecosts of this action as provided by the Real Property Actions and Proceedings law be sold, in one parcel,at public auction atthe QUEENS COUNTY SUPREME COURT, located at88-11 SUTPHIN BOULEVARD, JAMAICA, NEW YORK, IN COURTROOM #25, AT 11:00 A.M. ON A FRIDAY, by and under the direction of NED H. KASSMAN, ESQ., who ishereby appointed Referee for thatpurpose; in the absence of the designated Referee, the Court willdesignate a substituteReferee forthwith; thatsaid Referee give public notice of thetime and place of such sale in accordance with law, practices of this Court and R.RA.RL sec. 231 in $euKdru - (Qa9,,,g [,fa h and that Plaintiffor any other parties to thisaction may become the purchaser or purchasers at thesaid sale;that incase the Plaintiffshallbecome the purchaser at thesaid sale,they shallnot be required to make any deposit FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 thereon; that aid Referee execute to thepurchaser or purchasers on such salea deed of the premises sold; that inthe event a partyother than the Plaintiffbecomes the purchaser or purchasers atsuch sale, they shallbe required to tendera deposit of 10% of thepurchase price in certifiedfunds and the closing of title shall be had thirtydays after such sale unless otherwise stipulated allparties to thesale;and by itis further ORDERED, that theReferee appointed herein issubject to therequirements of Rule 362(c) of the Chief Judge, and if theReferee isdisqualified from receiving an appointment pursuant to the2 provisions of thatRule, the Referee shallnotify the appointing Justiceforthwith; and itis further ORDERED, ADJUDGED AND DECREED, that saidReferee, upon receiving the proceeds of sale,shall forthwith pay therefrom, in accordance with theirpriorityaccording to law,the taxes, assessments, sewer rents or water rateswhich are ormay become lionson the premises at thetime of sale with such interestor penalties which may have lawfully accrued thereon to thedate of payment; and it isfurther ORDERED, ADJUDGED AND DECREED, that saidReferee then deposit the balance of said proceeds of sale inhis/herown name as Referee in @ugh th , and shallthereafter make the following payments, and his/her checks drawn for thatpurpose shallbe paid by said depository: FIRST: The statutory fee ofthe Referee in thesum of $500.00; SECOND: The expenses of saleand theadvertising expenses as shown on the bills presented and certifiedby said Referee to be correct,duplicate copies of which shall be annexed to thereport of sale. The Referee shall not he held responsible forthe payment of penalties or fees pursuant to thisappointment. The Purchaser shallhold the Referee harmless from any such penaltiesor fees assessed. THIRD: Said Referee shall also pay to or plaintiff, toROSICKI, ROSICKI, AND ASSOCIATES, P.C.,its attorneys,the sum of$ ) . to be determined by FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 the Clerk and adjudged to thePlaintiff for costsand disbursements inthis action to be taxed by the Clerk and inserted herein, with interestthereon from the date . hereof; , and also the sum of$229,833 31 the said amount so reported due the as aforesaid, together with interestthereon from January 21, 2014 , thedate interestwas calculated to insaid report, or so much thereof as the purchase money of the mortgaged premises willpay of the same, together with any advances necessarily paid by the Plaintifffor taxes,fireinsurance, principal and interest to prior mortgages to preserveand or maintain the premises not previously included in any computations, upon presentation of receipts for saidexpenditures to the Referee, together with $ 3 9po, hereby awarded to thePlaintiffas reasonable legal fees herein,together with any advances as provided for inthe note and mortgage, which Plaintiffhas made for taxes,insurance, principal and interest and any othercharges due to priormortgages, or tomaintain the premises pending consummation of thisforeclosure sale,not previously included in the computation and upon presentation of receipts for saidexpenditures to the Referee, alltogether with interestthereon pursuant to thenote and mortgage. FOURTH: Ifsuch Referee intends to apply for a furtherallowance for his/herfees,he/she may leave upon deposit such amount as willcover such additional allowance, to await the further order of thisCourt thereon afterapplication duly made upon due notice to those partiesentitled thereof·, That in case the Plaintiff be the purchaser of said mortgaged premises at saidsale, orin the eventthat the rights of the purchasers at saidand theterms of saleunder thisjudgment shall be assigned toand be acquired by the Plaintiff,and a valid assignment filedwith said Referee, said Referee shall not require the Plaintiffto pay in cash the entireamount bid atsaid sale,but shallexecute and deliver to the FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 Plaintiff,or itsassignee,a deed or deeds of the premises sold upon the payment to saidReferee of the "FIRST" "SECOND" amount specified above in items marked and and the amounts of theaforesaid taxes,assessments, sewer rents and water rates,with interestand penalties thereon, or,in lieuof the payment of said lastmentioned amounts, upon filingwith said Referee receipts of theproper municipal . authorities showing payment thereof;thatthe balance of the amount bid, afterdeducting therefrom the aforesaid amounts paid by the plaintifffor Referee'sfees,advertising expenses, taxes,assessments, sewer rents and water rates shallbe allowed to thePlaintiffand applied by said Referee upon the amounts due "THIRD;" to the as specified Plaintiff in item marked thatif afterso applying the balance of the amount bid, thereshall be a surplus over and above the said amounts due to the the Plaintiff, Plaintiffshallpay to the said Referee, upon delivery to Plaintiffof saidReferee's deed, the amount of such surplus; that saidReferee, upon receiving said severalamounts from the Plaintig shall forthwith pay therefrom said taxes,assessments,sewer rentsand water rates,with interestand penalties thereon, unless the same have already been paid, and shall then deposit the balance. The said Referee shalltake the receipt of thePlaintiff,or the attorneysfor thePlaintiff,forthe amounts "THIRD" he/she depositthe paid as directedin item above, and fileitwith his/her reportof sale;that surplus monies, ifany, with the Queens County Clerk within five days after the same shall be received and be ascertainable, to the creditof thisaction,to be withdrawn only on an order of thisCourt, signed by a Justice of thisCourt. The Referee shall make his/herreport of such sale under oath showing the disposition of theproceeds of the saleand accompanied by the vouchers of thepersons to whom payments were made, and shall fileitwith the Queens County Clerk within thirtydays after completing the sale and executing the proper conveyance to thepurchaser, and that ifthe proceeds of such salebe insufficientto pay the amount reported due to the with Plaintiff interestand costs as aforesaid,the said Referee shallspecify the amount of such deficiency in his/herreport of sale; ORDERED, that theplaintiffshallrecover from the defendant(s) PAULINE LOVELACE the whole or so much thereof as the court may determine to be justand equitable of theresidue deficiency of the mortgage debt unsatisfied aftera sale ofthe mortgaged premises and the application remaining FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 of theproceeds thereof, provided a motion for a deficiencyjudgment shallbe made a prescribedin section 1371 ofthe Real Property Actions and Proceedings Law within the time limited therein,and the amount thereof isdetermined and awarded by an order of thisCourt as provided forin said section;and itisfurther, ORDERED, ADJUDGED AND DECREED, that thepurchaser or purchasers at saidsale be letinto possession on production or delivery of the Referee'sdeed or deeds; and itis further ORDERED, ADJUDGED AND DECREED, that each and allof the Defendants in thisaction and all persons claiming under them, or any or eitherof them, afterthe filingof such notice of pendency of thisaction, be and they are hereby forever barred and foreclosed of allright,claim,lien, interest title, and equity of redemption in saidmortgaged premises and each and every partthereof; and Othfath r@nh MU½éch Tawr TM¬ OwMs OF THE u oF ry itis further R£atm f f ronS½&u. %£ St e-ve h w rtu A norn.µ s hG 'T*f Divit ne Anh pmes OF TW¬. A-uctmrt. ORDERED, ADJUDGED AND DECREED, thatsaid premises is tobe sold in one parcelin is" "as physical order and condition, subjectto any stateof facts thatan inspection of thepremises would disclose;any state of factsthat an accurate survey ofthe premises would show; any covenants, restrictions,declarations, reservations, easements, rightsof way and public utilityagreements ofrecord, ifany; any buildingand zoning ordinances of themunicipality in which the mortgaged premises is located and possible violations of same; any rights of tenants or persons in possession of the subject premises; prior,liens of record,ifany, except those liensaddressed in section 1354 of the Real Property Actions and Proceedings Law; any equity of redemption of theUNITED STATES OF AMERICAto redeem the premises within 120 days from the date of sale;and itisfurther ORDERED, ADJUDGED AND DECREED, that a copy of theJudgment with Notice of Entry shall be served upon the owner of the equity of redemption, any tenants named in thisactionand any otherparty entitled to notice. FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 Said premises commonly known as 161-19 128TH AVENUE, JAMAICA, NY 11434, bearing tax designation: Block: Lot: 140. A description of said mortgaged pnmises isannexed map 12269; "A." hereto and made a part hereof as Schedule Dated: /-f /) E N T E R: Justice of the Supreme Court ENTERED PM 00U 23 2015 CLERK COUNW OF QUEENS COUNW & RECORDgy JUL 23 2015 FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 )LL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYtNG AND BEING IN THE BOROUGfl AND COUNTY OF OUEENS. CITY AND STATE OF NEW YORK, BOUNDE D AND DESCPRED AG FOLLOWS: BEGINN1NG AT A POINT ON THE NORTHERLY S E OF 12STH AVENUE (FORMERLY LENOX STREET) DISTANT 160 FEET EASTERLY EROM THE CORNER FORMED BY THE IN.TERSECTION OF THE NORTHERLY SIDE OF 120TH AVENUE WITH THE EASTERLY SIDE OF 161ST STREET AS BAID STREET AND AVENUE ARE SHOWN ON A CERTAIN MAP ENTITEED "MAP OF METROPOLITAN MANOR, PROPERTY OF THE MANHATTAN AND .. SUBURBAN HOME O0,. SITUATED IN THE REGtSTER OF THE COUNTY OF QUEENS. MAY . 21, 1907, AS MAP.#994. . RUNNING.TklENCE EASTERLY ALONG THE NORTHERLY SIDE OF 2BTH AVENUE 40 FEiET: THENCE NORTHERLY AT RIGHT ANGLES TO 120TH AVENUE, 80 PEET; THENCE EASTERLY AT RIGHT ANGLE TO THE LAST MENTIONED COURSE, i.91 FEET.T-O THE EASTERLY UNE OF LOT 102 AS SFfOWN ON THE AF.ORESAID MAP. THENCE NORTHERLY ALONG THE SAID EASTERLY LINE OF LOT #102 0.56 FEET TO A POtNT DISTANT 100 FEET SOOTHERLY FROM THE SOUTHERLY SIDE OF LOCUST AVENUE AS SHOWN ON THE AFORESAID MAP$: THENCE WESTERLY PARALLEL WITH THE SAID THE SAIO SOUTHERLY SIDE OF LOCUST AVENUE AND 100FEET SOUTHERLY THEREFROM 41.69 FEET AND·, THENOE SOUTHERLY AGAfN AT RIGHT ANGLES TO 12STH AVENUE, D275 FEET TO THE NORTHERLY SIDE OF 128TH AVENUE AT THE PotNT OR PLACE OF BEGINNING. FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 08/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --...--......-........._..----...........___......____.----x WELLS FARGO BANK, N.A. Plaintiff, Index No.: 15328-13 -against- COST S OF PLAINTIFF PAULINE LOVELACE, etal., Defendants. ---..--..........____....-...._...----..----------...---x Costs before Notes of Issue filed, CPLR §820 1(I)...............................................................$200.00 Additional Allowance Statute - CPLR 48302(a)(b): by addi,(not exceeding $200) $200 at100.$20.00 addi.(not exceeding $800) $800 at 50.$40.00