Preview
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/10/2022
"L"
EXHIBIT
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 59 RECEIVED
INDEX
NYSCEF:
NO.
03/10/2022
EF2021-269048
liŠLED : RENSSELAER COUNTY CLERK : 5
NYSCEF DOC. NO. 39 RECEIVED NYSCE F: 02/28/2022
. .
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
.......------------...___......---.......____.-..__.. .
TRUSTCO BANK NOTICE OF ENTRY
Plaintiff
- against - INDEX NO.: EF2021-
. 269048
ANNE M. KUROLY; CATHERINE A. SCHWABE; and
DOE,"
"JOHN (said name being fictitious, Itbeing the MORTGAGED PROPERTY:
intention of the plaintiff to designate any and all 11 Rhode Island Ave
persons in possession of the mortgaged premises) Rensselaer, NY 12144
COUNTY: Rensselaer
Defendant(s) SBL #: 155.9-15-10
Please take notice that the within is a true copy of the Order of Reference and
Default Judgrnent duly filed with the Clerk of Reneselaer County on February 23, 2022.
Dated: February 24, 2022
Linda L. Donovan, Esq.
OVERTON, RUSSELL, DOERR & DONOVAN LLP
. 19 Executive Park Drive
Clifton Park NY 12065
(518) 383-4000
TO:
Anne M. Kuroly Catherine Schwabe
318t
271 Larson Road 13205 Ave SE
Silver Oreek, WA 98585 Mill Creek, WA 98012
Anne& Schedge,CatherhgaWolice
F:WIDOCSLINDMORECLOSURESlTRUSTCCN(ulogy. of Entry.doc
1 of 4
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 59 RECEIVED
INDEX
NYSCEF:
NO.
03/10/2022
EF2021-2
FILED : RENSSELAER COUNTY CLERK : 5 690 48
,..,.,
.,., ., - - .,. -,,
REC1FgT YSFalp§e2@2$§d¾@22
Nys cEF DOC'. NO. 38 . RECEIVED NYSCEF: 02/23/2022
At Part of the,Supreme urt d In .
the County of kenSP IAr r,at the
. Courthouse thereof, on the W day
PRESENT: HON. PATRICK J. MCGRATH
JUSTICE OF THE SUPREME COURT
SUPREME COUNT OF THE STAŠE OF NEW YORK
'
COUNTY OF RENSSELAER
-----...-...---_.-----......----....-.....-......--- INDEX Nd: EF2021-
TRUSTCO BANK . 289048
Plaintiff ORDER OF REFERENCE
AND DEFAULT .
- against-
JUDGMENT
'
ANNE M. KUROLY; CATHERINE A. and MORTGAGED
DOE," GCHWABE; PROPERTY:
"JOHN (sald name It the 11 Rhode Island
borng fictitious, being Ave .
. intention of the pfaintiffto dealgnate all.
any and Reneselaer, NY 12144
persons In posseaafon of the mortgaged COUNTY: Renasefaer
premises)
SBL #: 155.9-15-10
-.....-..-.....-.....-----....--.....-..........Defendan s)
UPON the Summons, Oomplaint, and Notice of filedin
Pendency thisaction on the 10th
day of June, 2021, the Notice of Motion dated November 1, 2021, the affirmation of Melissa M.
Tobrooke, and the exhibits annexed the Affidavitof
thereto, Merit and Amóunt Due by Scot
Salvador, who is the Executive Vice Preelderit of Trustco Bank,duly swom to on October25,
202i, together with ExhibI s nexed and al prior
thereto, a filed in thi on a d prior
proceedings had
du d F ¥®'2)
herein, and .
UPON proof that each of the defendants herein has been duly served with the Summons
and Complaint in thisaction and mquired notices; and
UPON it appearing that the
defendant(a)hnortgagor(s) is/are not maldeIt(s) of the
poperty subject to foreclosure;
AND It appearing that Anne M. Kuroly's and Catherine A. Schwabe's time to answer the
complaint has expired;
PMAccuse.1NDNFORECMKffWE1RUBTcOEumly,Anas&fkhabe,
CudieddlNOM-00R(Osh$doo
1 of 3
2 of 4
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 59 RECEIVED
INDEX
NYSCEF:
NO .
03/10/2022
E F2021-269048
iŠLED RENSSELAER COUNTY
-
: CLERK : 5
c.--.,, -- "^
munmarm®A$022
NÈS CEF DOC. NO. 38 RE CE IVE D NYSCE F: 02/23/2022
ND It appearing to the satisfactionof thiscourt that thisaction was brought to foreclose
a rnortgage on reat property located at 11 I3hode island Ave, Renaselaer, In the County of
Rensselaer, 8tate of New York, Section 166.9, Block 15, Lot 10,
NOW, on motion by Overton,Russell, Doorr & Donovan, LLP, attomey for the It
Plaintiff,
la hereby
, ORDERED that defendantsAnne M. Kurely and Catherine A. Sowabe am determined to
be Indefault; and further
It is
ORDERED that with and address
of Ed , ted
by p
Referee, In accordance with RPAPL §1821, to compute n to P nt and to
examine whether the mortgaged property be sold Inparcels; and It Is further
may
ORDERED that the Referee make his/her computation and report with allconyenlant
speed; and It Is further
ORDERED that, If necessary, the Referee may take pursuant to RPAPL
testimony
§182t; and ItIs further
ORDERED that by accepting this ap pointment the Referee certifiesthat he/she is in
compliance with Part 38 of the Rules of the Chief Judge·(22 NYCRR Part but not
36), including,
Ilmited to §36.2 (c) ("Disqualifications f rom and ("LImitations on
appointment") §36.2(d)
. appointments based upon compensation"), and, If theReferee is disqualified from an
receiving
a ppointment pursuant to the provisions of that Rule, the Referee shall the
Immediately notify
Appointing Judge; and It Is
further
ORDERED that, pursuant to OPLR 8003(a), the fee of $850.00 shall be paid to
statutory
the RefeJse for the computation of the emount due and upon the of his her report and the
filing
Referee shall not request or accept additional compensation for the unlese Ithas
computation
been fixed by the court inaccordance with CPLR and it is
further
8003(a);
PMODO05UNDNFORBOLO8URAMMUST00mm%.hme tarkmabs,0adwindNOWOONDefaulkden
2 of 3
3 of 4
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 59 RECEIVED
INDEX
NYSCEF:
NO.
03/10/2022
EF2021-269048
....,,~,--., - - .- -.-
REC1FNT&jkD
NYSCEF DOC. NO . 38 R5CEIVED NYSCEF: 02/23/2022
ORDERiaD that the Heferee 1s prohibited from or funds for
accepting retaining any
blm/herself or paying funds to him/herself without compliance with Part 38 of the Rules of the
. Chief Administrative Judge; and It la further
Doe"
ORDERED that "John be removed as a defendant in this action as no
party
occupants reside at the and the caption of thisaction be
property amended to reflectthe removal
Doe"
of "John as a partydefendant; and ItIs further
· ORDERED that the caption shall read as follows: .
SUFREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
INDEX NO.: EF2021-
TRUSTCO BANK 299048
Plaintiff MORTGAGED PROPERTY:
. 11 Rhode.Island 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 Plaintiff
shall serve a copy of thisOrder with notice of on
entry all parties
and persons entitled to notice, the Referee
including appointed herein. .
This constitutes the decision and order of the court
DATED: -9.2
ENTER:
H A . MCGRATH
J.S.C.
P
3 of 3
-
4 of 4
Preview
FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/10/2022 "L" EXHIBIT FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 59 RECEIVED INDEX NYSCEF: NO. 03/10/2022 EF2021-269048 liŠLED : RENSSELAER COUNTY CLERK : 5 NYSCEF DOC. NO. 39 RECEIVED NYSCE F: 02/28/2022 . . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER .......------------...___......---.......____.-..__.. . TRUSTCO BANK NOTICE OF ENTRY Plaintiff - against - INDEX NO.: EF2021- . 269048 ANNE M. KUROLY; CATHERINE A. SCHWABE; and DOE," "JOHN (said name being fictitious, Itbeing the MORTGAGED PROPERTY: intention of the plaintiff to designate any and all 11 Rhode Island Ave persons in possession of the mortgaged premises) Rensselaer, NY 12144 COUNTY: Rensselaer Defendant(s) SBL #: 155.9-15-10 Please take notice that the within is a true copy of the Order of Reference and Default Judgrnent duly filed with the Clerk of Reneselaer County on February 23, 2022. Dated: February 24, 2022 Linda L. Donovan, Esq. OVERTON, RUSSELL, DOERR & DONOVAN LLP . 19 Executive Park Drive Clifton Park NY 12065 (518) 383-4000 TO: Anne M. Kuroly Catherine Schwabe 318t 271 Larson Road 13205 Ave SE Silver Oreek, WA 98585 Mill Creek, WA 98012 Anne& Schedge,CatherhgaWolice F:WIDOCSLINDMORECLOSURESlTRUSTCCN(ulogy. of Entry.doc 1 of 4 FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 59 RECEIVED INDEX NYSCEF: NO. 03/10/2022 EF2021-2 FILED : RENSSELAER COUNTY CLERK : 5 690 48 ,..,., .,., ., - - .,. -,, REC1FgT YSFalp§e2@2$§d¾@22 Nys cEF DOC'. NO. 38 . RECEIVED NYSCEF: 02/23/2022 At Part of the,Supreme urt d In . the County of kenSP IAr r,at the . Courthouse thereof, on the W day PRESENT: HON. PATRICK J. MCGRATH JUSTICE OF THE SUPREME COURT SUPREME COUNT OF THE STAŠE OF NEW YORK ' COUNTY OF RENSSELAER -----...-...---_.-----......----....-.....-......--- INDEX Nd: EF2021- TRUSTCO BANK . 289048 Plaintiff ORDER OF REFERENCE AND DEFAULT . - against- JUDGMENT ' ANNE M. KUROLY; CATHERINE A. and MORTGAGED DOE," GCHWABE; PROPERTY: "JOHN (sald name It the 11 Rhode Island borng fictitious, being Ave . . intention of the pfaintiffto dealgnate all. any and Reneselaer, NY 12144 persons In posseaafon of the mortgaged COUNTY: Renasefaer premises) SBL #: 155.9-15-10 -.....-..-.....-.....-----....--.....-..........Defendan s) UPON the Summons, Oomplaint, and Notice of filedin Pendency thisaction 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 Affidavitof thereto, Merit and Amóunt Due by Scot Salvador, who is the Executive Vice Preelderit of Trustco Bank,duly swom to on October25, 202i, together with ExhibI s nexed and al prior thereto, a filed in thi on a d prior proceedings had du d F ¥®'2) herein, and . UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in thisaction and mquired notices; and UPON it appearing that the defendant(a)hnortgagor(s) is/are not maldeIt(s) of the poperty subject to foreclosure; AND It appearing that Anne M. Kuroly's and Catherine A. Schwabe's time to answer the complaint has expired; PMAccuse.1NDNFORECMKffWE1RUBTcOEumly,Anas&fkhabe, CudieddlNOM-00R(Osh$doo 1 of 3 2 of 4 FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 59 RECEIVED INDEX NYSCEF: NO . 03/10/2022 E F2021-269048 iŠLED RENSSELAER COUNTY - : CLERK : 5 c.--.,, -- "^ munmarm®A$022 NÈS CEF DOC. NO. 38 RE CE IVE D NYSCE F: 02/23/2022 ND It appearing to the satisfactionof thiscourt that thisaction was brought to foreclose a rnortgage on reat property located at 11 I3hode island Ave, Renaselaer, In the County of Rensselaer, 8tate of New York, Section 166.9, Block 15, Lot 10, NOW, on motion by Overton,Russell, Doorr & Donovan, LLP, attomey for the It Plaintiff, la hereby , ORDERED that defendantsAnne M. Kurely and Catherine A. Sowabe am determined to be Indefault; and further It is ORDERED that with and address of Ed , ted by p Referee, In accordance with RPAPL §1821, to compute n to P nt and to examine whether the mortgaged property be sold Inparcels; and It Is further may ORDERED that the Referee make his/her computation and report with allconyenlant speed; and It Is further ORDERED that, If necessary, the Referee may take pursuant to RPAPL testimony §182t; and ItIs further ORDERED that by accepting this ap pointment the Referee certifiesthat he/she is in compliance with Part 38 of the Rules of the Chief Judge·(22 NYCRR Part but not 36), including, Ilmited to §36.2 (c) ("Disqualifications f rom and ("LImitations on appointment") §36.2(d) . appointments based upon compensation"), and, If theReferee is disqualified from an receiving a ppointment pursuant to the provisions of that Rule, the Referee shall the Immediately notify Appointing Judge; and It Is further ORDERED that, pursuant to OPLR 8003(a), the fee of $850.00 shall be paid to statutory the RefeJse for the computation of the emount due and upon the of his her report and the filing Referee shall not request or accept additional compensation for the unlese Ithas computation been fixed by the court inaccordance with CPLR and it is further 8003(a); PMODO05UNDNFORBOLO8URAMMUST00mm%.hme tarkmabs,0adwindNOWOONDefaulkden 2 of 3 3 of 4 FILED: RENSSELAER COUNTY CLERK 03/10/2022 09:48 AM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 59 RECEIVED INDEX NYSCEF: NO. 03/10/2022 EF2021-269048 ....,,~,--., - - .- -.- REC1FNT&jkD NYSCEF DOC. NO . 38 R5CEIVED NYSCEF: 02/23/2022 ORDERiaD that the Heferee 1s prohibited from or funds for accepting retaining any blm/herself or paying funds to him/herself without compliance with Part 38 of the Rules of the . Chief Administrative Judge; and It la further Doe" ORDERED that "John be removed as a defendant in this action as no party occupants reside at the and the caption of thisaction be property amended to reflectthe removal Doe" of "John as a partydefendant; and ItIs further · ORDERED that the caption shall read as follows: . SUFREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER INDEX NO.: EF2021- TRUSTCO BANK 299048 Plaintiff MORTGAGED PROPERTY: . 11 Rhode.Island 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 Plaintiff shall serve a copy of thisOrder with notice of on entry all parties and persons entitled to notice, the Referee including appointed herein. . This constitutes the decision and order of the court DATED: -9.2 ENTER: H A . MCGRATH J.S.C. P 3 of 3 - 4 of 4