Preview
At Part of the Supreme Court held in
the County of , atthe
Courthouse thereof, on the day
of . 2021.
PRESENT: HON. PATRICK J. MCGRATH
JUSTICE OF THE SUPREME COURT
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
___________________ -.___ ----------------- INDEX NO.: EF2021-
TRUSTCO BANK 269048
Plaintiff ORDER OF REFERENCE
AND DEFAULT .
- against - JUDGMENT
ANNE M. KUROLY; CATHERINE A. SCHWABE; and MORTGAGED PROPERTY:
DOE," 11 Ave
"JOHN (said name fictitious, itbeing the Rhode Island
being
intention of the plaintiff to designate any and all Rensselaer, NY 12144
persons in possession of the mortgaged COUNTY: Rensselaer
premises)
SBL #: 155.9-15-10
Defendant(s)
_______..______......._____..___________.---
UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 10th
day of June, 2021, the Notice of Motion dated November 1, 2021, the affirmation of Melissa M.
Tobrocke, and the exhibits annexed thereto, the Affidavit of Merit and Amount Due by Scot
Salvador, who is the Executive Vice President of Trustco Bank, duly sworn to on October 25,
2021, together with Exhibits annexed thereto, and all prior papers filed in this actiori and prior
proceedings had herein; and
UPON proof that each of the defendants herein has been duly served with the Summons
and Complaint in thisaction and required notices; and
UPON it appearing that the defendant(s)/mortgagcr(s) is/are not resident(s) of the
property subject to forec!osure;
AND itappearing that Anne M. Kuroly's and Catherine A. Schwabe's time to answer the
complaint has expired;
Anne& Schwabe,Catherlne\NOM-00mDefedt).doc
F:\ASDOCS\LINDA\FORECLOSURES\TRUSTCO\Kuroly,
AND itappearing to the satisfaction of this court that this action was brought to foreclose
a mortgage on real property located at 11 Rhode Island Ave, Rensselaer, in the County of
Rensselaer, State of New York, Section 155.9, Block 15, Lot 10.
NOW, on motion by Overton, Russell, Doerr & Donovan, LLP, attorney for the Plaintiff, it
is hereby
ORDERED that defendants Anne M. Kuroly and Catherine A, Sewabe are determined to
be in default; and itis further
ORDERED that with and address
of __ __ , is hereby appointed
Referss, in accGidance with RPAPL §1321, to compute the amount due to Plaintiff and to
examine whether the mortgaged property may 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 ñêcessary, the Referee rnay take testimony pursuant to RPAPL
§1321; and itis further
ORDERED that by accepting this appointment the Referee certifies that he/she is in
ccmpilance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
limited to §36.2 (c) ("Disqualificaticñs from appciñtment") and §36.2(d) ("Limitations on
appointments based upon compensation"), and, ifthe Referee is disqualified f om receiving an
sppointment pursuant to the provisions of that Rule, the Referee shall immediatêiy notify the
Appointing Judge; and Itis further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $350.00 shall be paid to
the Referee for the computation of the amount due and upon the filingof his/her report and the
Referee shall not request or accept additicñal compensation for the computation unless ithas
been fixed by the court in accordañGe with CPLR 8003(a); and itis further
Anne& Schwabe,Catherine\NOM-OOR(Defauh).doc
F:\ASDOCS\Liiýü/úFOREGLOSURESlTRUSTCO\Kuroly,
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
Doe"
ORDERED that "John be removed as a party defendant in this action as no
occupants reside at the property and the caption of this action be amended to reflect the removal
Doe"
of "John as a party defendant; and itis further
ORDERED that the caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
...,-- _......___________________________ INDEX NO.: EF2021-
TRUSTCO BANK 269048
Plaintiff MORTGAGED PROPERTY:
11 Rhode.Island Ave
- against - Rensselaer, NY 12144
COUNTY: Rensselaer
ANNE M. and CATHERINE A. SCHWABE SBL #: 155.9-15-10
KUROLY;
Defendant(s)
________ ________...... _______ ______________________..___
And itis further
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on allparties
and persons entitled to notice, including the Referee appointed herein.
This constitutes the decision and order of the court.
DATED:
ENTER:
HON. PATRICK J. MCGRATH
J.S.C.
Anne& Schwabe,Ge±e±etN0P.400RDefault).doc
FMSDOCS\LINDA\FORECLOSURESITRUSTCO\Kuroly,
Preview
At Part of the Supreme Court held in the County of , atthe Courthouse thereof, on the day of . 2021. PRESENT: HON. PATRICK J. MCGRATH JUSTICE OF THE SUPREME COURT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER ___________________ -.___ ----------------- INDEX NO.: EF2021- TRUSTCO BANK 269048 Plaintiff ORDER OF REFERENCE AND DEFAULT . - against - JUDGMENT ANNE M. KUROLY; CATHERINE A. SCHWABE; and MORTGAGED PROPERTY: DOE," 11 Ave "JOHN (said name fictitious, itbeing the Rhode Island being intention of the plaintiff to designate any and all Rensselaer, NY 12144 persons in possession of the mortgaged COUNTY: Rensselaer premises) SBL #: 155.9-15-10 Defendant(s) _______..______......._____..___________.--- UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 10th day of June, 2021, the Notice of Motion dated November 1, 2021, the affirmation of Melissa M. Tobrocke, and the exhibits annexed thereto, the Affidavit of Merit and Amount Due by Scot Salvador, who is the Executive Vice President of Trustco Bank, duly sworn to on October 25, 2021, together with Exhibits annexed thereto, and all prior papers filed in this actiori and prior proceedings had herein; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in thisaction and required notices; and UPON it appearing that the defendant(s)/mortgagcr(s) is/are not resident(s) of the property subject to forec!osure; AND itappearing that Anne M. Kuroly's and Catherine A. Schwabe's time to answer the complaint has expired; Anne& Schwabe,Catherlne\NOM-00mDefedt).doc F:\ASDOCS\LINDA\FORECLOSURES\TRUSTCO\Kuroly, AND itappearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 11 Rhode Island Ave, Rensselaer, in the County of Rensselaer, State of New York, Section 155.9, Block 15, Lot 10. NOW, on motion by Overton, Russell, Doerr & Donovan, LLP, attorney for the Plaintiff, it is hereby ORDERED that defendants Anne M. Kuroly and Catherine A, Sewabe are determined to be in default; and itis further ORDERED that with and address of __ __ , is hereby appointed Referss, in accGidance with RPAPL §1321, to compute the amount due to Plaintiff and to examine whether the mortgaged property may 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 ñêcessary, the Referee rnay take testimony pursuant to RPAPL §1321; and itis further ORDERED that by accepting this appointment the Referee certifies that he/she is in ccmpilance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualificaticñs from appciñtment") and §36.2(d) ("Limitations on appointments based upon compensation"), and, ifthe Referee is disqualified f om receiving an sppointment pursuant to the provisions of that Rule, the Referee shall immediatêiy notify the Appointing Judge; and Itis further ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $350.00 shall be paid to the Referee for the computation of the amount due and upon the filingof his/her report and the Referee shall not request or accept additicñal compensation for the computation unless ithas been fixed by the court in accordañGe with CPLR 8003(a); and itis further Anne& Schwabe,Catherine\NOM-OOR(Defauh).doc F:\ASDOCS\Liiýü/úFOREGLOSURESlTRUSTCO\Kuroly, 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 Doe" ORDERED that "John be removed as a party defendant in this action as no occupants reside at the property and the caption of this action be amended to reflect the removal Doe" of "John as a party defendant; and itis further ORDERED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER ...,-- _......___________________________ INDEX NO.: EF2021- TRUSTCO BANK 269048 Plaintiff MORTGAGED PROPERTY: 11 Rhode.Island Ave - against - Rensselaer, NY 12144 COUNTY: Rensselaer ANNE M. and CATHERINE A. SCHWABE SBL #: 155.9-15-10 KUROLY; Defendant(s) ________ ________...... _______ ______________________..___ And itis further ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on allparties and persons entitled to notice, including the Referee appointed herein. This constitutes the decision and order of the court. DATED: ENTER: HON. PATRICK J. MCGRATH J.S.C. Anne& Schwabe,Ge±e±etN0P.400RDefault).doc FMSDOCS\LINDA\FORECLOSURESITRUSTCO\Kuroly,