Preview
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/10/2022
"K"
EXHTRIT
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF
FILED DOC.
: NO. 58
RENSSELAER COUNTY CLERK INDEX
RECEIVED NYSCEF:
NO. 03/10/2022
EF2021-269048
:
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02 /23/ 2022
At Part of the Supreme C urt he d in
the of kenSSeber. at the · S
County
Courthouse thereof, on the day
of 3021".
PRESENT: HON. PATRICK J. MCGRATH
JUSTICEOFTHESUPREMECOURT
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
-------------------------------------------- INDEX NÓ.: EF2021-
TRUSTCO BANK . 289048
Plaintiff ORDER OF REFERENCE
AND DEFAULT .
- against -
JUDGMENT
ANNE M. KUROLY; CATHERINE A. and MORTGAGED PROPERTY:
DOE," SCHWABE;
"JOHN (said name it the 11 Rhode Island Ave
being fictitious, being
. intention of the plaintiff to designate and all NY
any Rensselaer, 12144
persons In possession of the mortgaged COUNTY: Rensselaer
premises)
SBL #: 155.9-15'-10
Defendant(s)
___------..__________...__.....__________,--..
UPON the Summons, Complaint, and Notice of filed in thisaction
Pendency on the 10th
day of June, 2021, the Notice of Motion dated November 1, 2021, the affirmation of Melissa M.
Tobrooke, and the exhibits annexed the Affidavit of
thereto, Merit and Amount Due by Scot
Salvador, who Is the Executive Vice President of Trustco Bank, duly swom to on October 25,
2021, together with Exhibi s nnexed and I prior
thereto, papers filed in thisaction a d 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 and
notices;
UPON itappearing that the
defendant(s)/mortgagor(s) is/are not resident(s) of the
property subject to foreclosure;
AND itappearing that Anne M. Kuroly's and Catherine A. Schwabe's time to answer the
complaint has expired;
RiA8DODSlLINDA\FORECLOSURESlTRUSTCOlKuroly,
AnnaaSchwabs,CalharintWDM-OOR(Dafaun),doo
1 of 3
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 58 RECEIVED
INDEX NYSCEF:
NO. 03/10/2022
EF2021-269048
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/23/2022
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 Lot 10.
15,
NOW, on motion by Overton, Russell, Doerr & for the
Donovan, LLP, attomey it
Plaintiff,
Ishereby
. ORDERED that defendants Anne M. and Catherine A. Sewabe
Kuroly are determined to
be Indefault; and Itis further
ORDERED that with and address
of
ppojnted
Referee, in accordance with RPAPL to compute
/N
the
f ) f) -O125
§1321, am unt due to Plalntiffand to
examine whether the mortgaged be In
property may sold parcels; and It Is
further
ORDERED that the Referee make his/her computation and report with all convenient
'
speed; and itIs further
ORDERED that, if necessary, the Referee take
May testimony pursuant to RPAPL
§1321; and ItIsfurther
ORDERED that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 ofthe Rules of the Chief Judge (22 NYORR Part 36), including, but not
limited to §36.2 (c) ("Disqualifications from appointment") and §36.2(d) ("Limitations on
appointments based upon compensation"), Ifthe Referee
and, is disqualified from an
receiving
appointment pursuant to the provisions of that Rule, the Referee shall the
immediately notify
Appointing Judge; and itIsfurther
ORDERED that, pursuant to CPLR the
8003(a), statutory fee of $350.00 shall be paid to
the Referee forthe computation of the amount due and upon the filingof his/her report and the
Referee shall not request or accept additional compensation for the computation unless Ithas
been fixed by the court In accordance with CPLR 8003(a); and it Is
further
.
FMSDOCGlLINDAIFORECLOSURE8lTRUSTCoholy,
AnneaSchwee,CathednaWOM4ORLDef
sul4doc
2 of 3
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 58 RECEIVED
INDEX NYSCEF:
NO. 03/10/2022
EF2021-26904 8
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02 /23 /2022
ORDERED that the Referee is pmhlbited from or funds for
accepting retaining any
him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and It Is
further
ORDERED Doe"
that "John be removed as a defendant in this action as no
party
occupants reside at the and the caption of thisaction be amended
property to reflectthe removal
Doe"
of "John as a party defendant; and lt is
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.1sland Ave
- against -
Rensselaer, NY 12144
COUNTY: Rensselaer
ANNE M. KUROLY; and CATHERINE A. SCHWABE SBL #: 155.9-15-10
Defendant(s)
......._.......,-..-.....----..._____...__--__..____.---
And itis further
ORDERED that Plaintiffshall serve a copy of thisOrder with notice of on all
entry parties
and persons entitled to notice, the Referee appointed
including herein.
This constitutes the decialon and order of the court.
DATED:
ENTER:
H . MCGRATH
J.S.C.
Arme& Schwabe,
FMSDOCS\UNDAIFORECLOSURESlTRUSTColKaroly, OniherineWOM-ODR(DafaulQ.doo
3 of 3
Preview
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/10/2022 "K" EXHTRIT FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF FILED DOC. : NO. 58 RENSSELAER COUNTY CLERK INDEX RECEIVED NYSCEF: NO. 03/10/2022 EF2021-269048 : NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02 /23/ 2022 At Part of the Supreme C urt he d in the of kenSSeber. at the · S County Courthouse thereof, on the day of 3021". PRESENT: HON. PATRICK J. MCGRATH JUSTICEOFTHESUPREMECOURT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER -------------------------------------------- INDEX NÓ.: EF2021- TRUSTCO BANK . 289048 Plaintiff ORDER OF REFERENCE AND DEFAULT . - against - JUDGMENT ANNE M. KUROLY; CATHERINE A. and MORTGAGED PROPERTY: DOE," SCHWABE; "JOHN (said name it the 11 Rhode Island Ave being fictitious, being . intention of the plaintiff to designate and all NY any Rensselaer, 12144 persons In possession of the mortgaged COUNTY: Rensselaer premises) SBL #: 155.9-15'-10 Defendant(s) ___------..__________...__.....__________,--.. UPON the Summons, Complaint, and Notice of filed in thisaction Pendency on the 10th day of June, 2021, the Notice of Motion dated November 1, 2021, the affirmation of Melissa M. Tobrooke, and the exhibits annexed the Affidavit of thereto, Merit and Amount Due by Scot Salvador, who Is the Executive Vice President of Trustco Bank, duly swom to on October 25, 2021, together with Exhibi s nnexed and I prior thereto, papers filed in thisaction a d 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 and notices; UPON itappearing that the defendant(s)/mortgagor(s) is/are not resident(s) of the property subject to foreclosure; AND itappearing that Anne M. Kuroly's and Catherine A. Schwabe's time to answer the complaint has expired; RiA8DODSlLINDA\FORECLOSURESlTRUSTCOlKuroly, AnnaaSchwabs,CalharintWDM-OOR(Dafaun),doo 1 of 3 FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 58 RECEIVED INDEX NYSCEF: NO. 03/10/2022 EF2021-269048 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02/23/2022 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 Lot 10. 15, NOW, on motion by Overton, Russell, Doerr & for the Donovan, LLP, attomey it Plaintiff, Ishereby . ORDERED that defendants Anne M. and Catherine A. Sewabe Kuroly are determined to be Indefault; and Itis further ORDERED that with and address of ppojnted Referee, in accordance with RPAPL to compute /N the f ) f) -O125 §1321, am unt due to Plalntiffand to examine whether the mortgaged be In property may sold parcels; and It Is further ORDERED that the Referee make his/her computation and report with all convenient ' speed; and itIs further ORDERED that, if necessary, the Referee take May testimony pursuant to RPAPL §1321; and ItIsfurther ORDERED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 ofthe Rules of the Chief Judge (22 NYORR Part 36), including, but not limited to §36.2 (c) ("Disqualifications from appointment") and §36.2(d) ("Limitations on appointments based upon compensation"), Ifthe Referee and, is disqualified from an receiving appointment pursuant to the provisions of that Rule, the Referee shall the immediately notify Appointing Judge; and itIsfurther ORDERED that, pursuant to CPLR the 8003(a), statutory fee of $350.00 shall be paid to the Referee forthe computation of the amount due and upon the filingof his/her report and the Referee shall not request or accept additional compensation for the computation unless Ithas been fixed by the court In accordance with CPLR 8003(a); and it Is further . FMSDOCGlLINDAIFORECLOSURE8lTRUSTCoholy, AnneaSchwee,CathednaWOM4ORLDef sul4doc 2 of 3 FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 58 RECEIVED INDEX NYSCEF: NO. 03/10/2022 EF2021-26904 8 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 02 /23 /2022 ORDERED that the Referee is pmhlbited from or funds for accepting retaining any him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and It Is further ORDERED Doe" that "John be removed as a defendant in this action as no party occupants reside at the and the caption of thisaction be amended property to reflectthe removal Doe" of "John as a party defendant; and lt is 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.1sland Ave - against - Rensselaer, NY 12144 COUNTY: Rensselaer ANNE M. KUROLY; and CATHERINE A. SCHWABE SBL #: 155.9-15-10 Defendant(s) ......._.......,-..-.....----..._____...__--__..____.--- And itis further ORDERED that Plaintiffshall serve a copy of thisOrder with notice of on all entry parties and persons entitled to notice, the Referee appointed including herein. This constitutes the decialon and order of the court. DATED: ENTER: H . MCGRATH J.S.C. Arme& Schwabe, FMSDOCS\UNDAIFORECLOSURESlTRUSTColKaroly, OniherineWOM-ODR(DafaulQ.doo 3 of 3