Preview
At a term of Supreme Court for the State of New
York held in and for the County of Onondaga, at
the Onondaga County Courthouse, Syracuse,
New York, on the of , 2022.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOFONONDAGA
PRESENT: HON. JOSEPH E. LAMENDOLA
MANUFACTURERS AND TRADERS TRUST
COMPANY, ORDER OF REFERENCE
Index No. 007997/2021
Plaintiff,
RR No.
-vs-
Property Address:
447 Wilkinson Street
HAFEZ Q. QASEM (if living) and ANY UNKNOWN
DISTRIBUTEES OR Syracuse, New York 13204
HEIRS, DEVISEES,
SUCCESSORS IN INTEREST OF THE LATE HAFEZ
County: Onondaga
Q. QASEM (should he be dead) AND IF ANY BE
Tax No.: 105.-08-05.0
DEAD, ANY AND ALL PERSONS WHO ARE Map
SPOUSES, WIDOWS, GRANTEES, MORTGAGEES,
Mortgage Servicer:
LIENORS, HEIRS, DEVISEES, DISTRIBUTEES,
ADMINISTRATORS OR M&T Bank
EXECUTORS,
SUCCESSORS IN INTEREST OF SUCH OF THEM
Mortgage Service Phoine #:
AS MAY BE DEAD, AND THEIR SPOUSES, HEIRS,
526-1580
DEVISEES, DISTRIBUTEES AND SUCCESSORS IN (888)
INTEREST, ALL OF WHOM AND WHOSE NAMES
AND PLACES OF RESIDENCE ARE UNKNOWN TO
PLAINTIFF;
MOHAMMED H. QASEM, as Heir to the Estate of
Hafez Q. Qasem;
PEOPLE OF THE STATE OF NEW YORK;
UNITED STATES OF AMERICA;
CROUSE HEALTH HOSPITAL INC. d/b/a CROUSE
HOSPITAL;
ST. JOSEPH'S HOSPITAL HEALTH CENTER;
STATE TAX COMMISSION,
Defendants.
Plaintiff having moved this Court for an Order:
O striking the answer of defendant(s) and converting each such appearance to a
general notice of appearance
X pursuant to CPLR §3215, granting plaintiff default judgment
¡ pursuant to CPLR §3212, granting plaintiff summary judgment
O amending the caption to
O delete defendant(s)
O substitute the names of for defendant(s) John Doe and/or Jane
Doe
¡ other
X pursuant to RPAPL §1321, appointing a Referee to compute the sums due
plaintiff on the Note and Mortgage
¡ other [specify]
NOW, upon plaintiff's motion heard on , 2022, on submission
only, at which time no appearances were required, and upon the Amended Summons and Amended
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:
1. Affidavit of Merit of Rachel M. Nowicki, dated September 28, 2022;
2. Affirmation of Anthony R. Hanley, Esq., affirmed on October 3, 2022, with Exhibits
A - P annexed;
3. The Order of this Court dated March 11, 2022 and entered in this action on March 11,
2022, granting leave to file an Amended Notice of Pendency, Amended Summons and
Amended Complaint and Amended Certificate of Merit Pursuant to CPLR 3012-b to
identify and name any unknown heirs, devisees, distributees or successors in interestof the
late Hafez Q. Qasem, ifliving, and if any be dead, any and allpersons who are spouses,
widows, grantees, mortgagees, lienors, heirs, devisees, distributees, executors,
administrators or successors in interest of such of them as may be dead, and their spouses,
heirs, devisees, distributees and successors in interest, allof whom and whose names and
places of residence are unknown to plaintiff, Mohammed H. Qasem, as Heir to the Estate
of Hafez Q. Qasem, People of the State of New York and United States of America as party
defendants, and for service by publication upon defendant Hafez Q. Qasem and the newly
added unknown heirs;
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4. Other [specify];
itis .
hereby
ORDERED that the plaintiff's motion:
X for a default judgment pursuant to CPLR §3215 and RPAPL §1321 is
granted;
defendant(s)'
O to strike answer and for summary judgment pursuant to CPLR
§3212 is granted;
O other [specify];
and itis further
ORDERED that [the Court will designate the Referee]
Name: , Esq.
Address:
Telephone:
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 on one parcel. The
Referee shall not be required to notice or conduct a hearing and the plaintiff may submit to the
Referee itsproof by affidavit; 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
limited to section 36.2(c) ("Disqualifications from Appointment") and section 36.2(d)
("Limitations on Appointments Based on Compensation"); and itis further
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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
due to plaintiff; and itis further
ORDERED that during the pendency of this action, if any interest in the Note and/or
Mortgage that is the subject of this action has been or is transferred, the person or entity to whom
the interest has been 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 itis further
ORDERED that the Referee shall filehis/her Report on or before
[the Court will insert this date]; and itis further
ORDERED that on or before [the Court will insert this
the plaintiff shall submit as appropriate a Motion or an Ex Parte application in compliance
date]
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 require Motion or Ex Parte
application for a Judgment of Foreclosure and Sale, in itsdiscretion, the Court may either (1) strike
allinterest 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)).
Dated: , 2022
Honorable Joseph E. Lamendola, J.S.C.
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Preview
At a term of Supreme Court for the State of New York held in and for the County of Onondaga, at the Onondaga County Courthouse, Syracuse, New York, on the of , 2022. SUPREME COURT OF THE STATE OF NEW YORK COUNTYOFONONDAGA PRESENT: HON. JOSEPH E. LAMENDOLA MANUFACTURERS AND TRADERS TRUST COMPANY, ORDER OF REFERENCE Index No. 007997/2021 Plaintiff, RR No. -vs- Property Address: 447 Wilkinson Street HAFEZ Q. QASEM (if living) and ANY UNKNOWN DISTRIBUTEES OR Syracuse, New York 13204 HEIRS, DEVISEES, SUCCESSORS IN INTEREST OF THE LATE HAFEZ County: Onondaga Q. QASEM (should he be dead) AND IF ANY BE Tax No.: 105.-08-05.0 DEAD, ANY AND ALL PERSONS WHO ARE Map SPOUSES, WIDOWS, GRANTEES, MORTGAGEES, Mortgage Servicer: LIENORS, HEIRS, DEVISEES, DISTRIBUTEES, ADMINISTRATORS OR M&T Bank EXECUTORS, SUCCESSORS IN INTEREST OF SUCH OF THEM Mortgage Service Phoine #: AS MAY BE DEAD, AND THEIR SPOUSES, HEIRS, 526-1580 DEVISEES, DISTRIBUTEES AND SUCCESSORS IN (888) INTEREST, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE UNKNOWN TO PLAINTIFF; MOHAMMED H. QASEM, as Heir to the Estate of Hafez Q. Qasem; PEOPLE OF THE STATE OF NEW YORK; UNITED STATES OF AMERICA; CROUSE HEALTH HOSPITAL INC. d/b/a CROUSE HOSPITAL; ST. JOSEPH'S HOSPITAL HEALTH CENTER; STATE TAX COMMISSION, Defendants. Plaintiff having moved this Court for an Order: O striking the answer of defendant(s) and converting each such appearance to a general notice of appearance X pursuant to CPLR §3215, granting plaintiff default judgment ¡ pursuant to CPLR §3212, granting plaintiff summary judgment O amending the caption to O delete defendant(s) O substitute the names of for defendant(s) John Doe and/or Jane Doe ¡ other X pursuant to RPAPL §1321, appointing a Referee to compute the sums due plaintiff on the Note and Mortgage ¡ other [specify] NOW, upon plaintiff's motion heard on , 2022, on submission only, at which time no appearances were required, and upon the Amended Summons and Amended 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: 1. Affidavit of Merit of Rachel M. Nowicki, dated September 28, 2022; 2. Affirmation of Anthony R. Hanley, Esq., affirmed on October 3, 2022, with Exhibits A - P annexed; 3. The Order of this Court dated March 11, 2022 and entered in this action on March 11, 2022, granting leave to file an Amended Notice of Pendency, Amended Summons and Amended Complaint and Amended Certificate of Merit Pursuant to CPLR 3012-b to identify and name any unknown heirs, devisees, distributees or successors in interestof the late Hafez Q. Qasem, ifliving, and if any be dead, any and allpersons who are spouses, widows, grantees, mortgagees, lienors, heirs, devisees, distributees, executors, administrators or successors in interest of such of them as may be dead, and their spouses, heirs, devisees, distributees and successors in interest, allof whom and whose names and places of residence are unknown to plaintiff, Mohammed H. Qasem, as Heir to the Estate of Hafez Q. Qasem, People of the State of New York and United States of America as party defendants, and for service by publication upon defendant Hafez Q. Qasem and the newly added unknown heirs; 2 4. Other [specify]; itis . hereby ORDERED that the plaintiff's motion: X for a default judgment pursuant to CPLR §3215 and RPAPL §1321 is granted; defendant(s)' O to strike answer and for summary judgment pursuant to CPLR §3212 is granted; O other [specify]; and itis further ORDERED that [the Court will designate the Referee] Name: , Esq. Address: Telephone: 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 on one parcel. The Referee shall not be required to notice or conduct a hearing and the plaintiff may submit to the Referee itsproof by affidavit; 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 limited to section 36.2(c) ("Disqualifications from Appointment") and section 36.2(d) ("Limitations on Appointments Based on Compensation"); and itis further 3 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 due to plaintiff; and itis further ORDERED that during the pendency of this action, if any interest in the Note and/or Mortgage that is the subject of this action has been or is transferred, the person or entity to whom the interest has been 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 itis further ORDERED that the Referee shall filehis/her Report on or before [the Court will insert this date]; and itis further ORDERED that on or before [the Court will insert this the plaintiff shall submit as appropriate a Motion or an Ex Parte application in compliance date] 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 require Motion or Ex Parte application for a Judgment of Foreclosure and Sale, in itsdiscretion, the Court may either (1) strike allinterest 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)). Dated: , 2022 Honorable Joseph E. Lamendola, J.S.C. 4