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PRESENT: HON. MARIA G. ROSA
SUPREME COURT JUSTICE
SUPREME COURT OF THE STATE OF NEW YORK Servicer: Richard von der Lieth
COUNTY OF DUTCHESS (845) 454-2221
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RICHARD VON DER LIETH,
Plaintiff, AMENDED ORDER
CONFIRMING
REFEREE’S REPORT
AND JUDGMENT OF
FORECLOSURE AND SALE
-against-
Index No.: 2021-51452
BARBARA GIORDANO A/K/A BARBARA
LEONAGGEO A/K/A BARBARA GIORDANO-
LEONAGGEO, ROGER LEONAGGEO, M-M2 RE Mortgaged Property:
HOLDINGS 4, LLC, PORTFOLIO RECOVERY 150 Homan Road
ASSOCIATES, LLC, RAZOR CAPITAL II, LLC Stanfordville, NY 12581
A/P/O CREDIT ONE BANK, N.A., CATANIA,
MAHON, MILLIGRAM & RIDER, PLLC,
Defendants.
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Upon the Summons, Verified Complaint and Notice of Pendency electronically filed
through NYSCEF in this action on April 21, 2021, the Motion for Summary Judgment, for
Default Judgment, for Referee to Compute and For Other Relief dated October 7, 2021, the
Affirmations of Anthony C. Carlini, Jr., Esq. in support thereof, together with the exhibits
annexed thereto, all in support of Plaintiff’s Motion To Confirm Referee’s Report And For A
Judgment of Foreclosure And Sale; and
UPON proof that each of the defendants herein has been duly served with the Summons
and Verified Complaint in this action and has voluntarily appeared either personally or by an
attorney; and Plaintiff having established to the Court’s satisfaction that a Judgment against
Defendants is warranted; and
UPON proof that non-appearing defendants are not absent, in accordance with RPAPL §
1321 (2); and A Referee having been appointed to compute the amount due to Plaintiff upon the
Note and Mortgage set forth in the Complaint and to examine whether the mortgaged property
can be sold in parcels; and
UPON reading and filing the Referee’s Oath and Referee’s Report of Computation of
Donald Cappillino, Esq. dated July 25, 2022, showing the sum of $78,819.10 due as of the date
of said Report and that the mortgaged property may not be sold in parcels; and
UPON the agreement of the Plaintiff and Defendants, Barbara Giordano-Leonaggeo and
Roger Leonaggeo that the Referees Report of Computation be amended to reflect the sum of
$74,588.22 as of the date of said Report; and
UPON proof of due notice of this motion upon all parties entitled to receive same, and
upon all the prior proceedings and papers filed herein;
NOW, on motion by Handel & Carlini, LLP, attorneys for the Plaintiff, it is hereby
ORDERED, ADJUDGED AND DECREED, that the motion is granted; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee’s Report as amended by
the parties be, and the same is, hereby in all respects ratified and confirmed; and it is further
ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in
the Complaint and as hereafter described, or such part thereof as may be sufficient to discharge
the mortgage debt, the expenses of the sale, and the costs of this action as provided by the
RPAPL be sold, within 90 days of the date of this Judgment, in one parcel, at a public auction at
Dutchess County Courthouse, 10 Market Street, Poughkeepsie, New York 12601 by and under
the direction of ________________________________________, who is hereby appointed
Referee for that purpose; that said Referee give public notice of the time and place of sale in
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accordance with RPAPL § 231 in __________________________________
_______________________________________________________________; and it is further
ORDERED, ADJUDGED AND DECREED, 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 § 36.2(c) (“Disqualifications from appointment”)
and § 36.2(d) (“Limitations on appointments based upon compensation”); and if the Referee is
disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee
shall immediately notify the Appointing Judge; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee is prohibited from
accepting or retaining any funds himself/herself or paying funds to himself/herself without
compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee shall conduct the
foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is present at
the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors
and/or assigns, or its representative; and it is further
ORDERED, ADJUDGED AND DECREED, that if the Referee does not conduct the sale
within 90 days of the date of the Judgment, in accordance with CPLR 2004, the time fixed by
RPAPL § 1351 (1) is extended for the Referee to conduct the sale as soon as reasonably
practicable; and it is further
ORDERED, ADJUDGED AND DECREED, that at the time of sale the Referee shall
accept a written bid from the Plaintiff or the Plaintiff’s attorney, just as though Plaintiff were
physically present to submit said bid; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee shall accept the highest bid
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offered by a bidder who shall be identified upon the court record, and shall require that the
successful bidder immediately execute Terms of Sale for the purpose of the property, and pay to
the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
successful bidder is Plaintiff in which case no deposit against the purchase price shall be
required; and it is further
ORDERED, ADJUDGED AND DECREED, that, in the event the first successful bidder
fails to execute the Terms of Sale immediately following the bidding upon the subject property
or fails to immediately pay the ten percent (10%) deposit as required, the property shall
immediately and on the same day be re-offered at auction; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee shall then deposit the down
payment and proceeds of sale, as necessary, in ______________________________________ in
his/her own name as Referee, in accordance with CPLR 2609; and it is further
ORDERED, ADJUDGED AND DECREED, that after the property is sold, the Referee
shall execute a deed to the purchaser, in accordance with RPAPL § 1353 and the terms of sale,
which shall be deemed a binding contract; and it is further
ORDERED, ADJUDGED AND DECREED, that, in the event a party other than the
Plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 30 days
after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further
ORDERED, ADJUDGED AND DECREED, that, if Plaintiff (or its affiliate, as defined
in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such
party shall place the property back on the market for sale or other occupancy: (a) within 180 days
of the execution of the deed of sale, or (b) within 90 days of completion of construction,
renovation, or rehabilitation of the property, provided that such construction, renovation or
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rehabilitation proceeded diligently to completion, whichever comes first, provided however, that
a court of competent jurisdiction may grant an extension for good cause; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee, on receiving the proceeds
of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all
taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property
at the time of sale, with such interest or penalties which may have lawfully accrued thereon to
the date of payment; and it is further
ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance of
said proceeds of sale in her/his own name as Referee in________________________________
and shall thereafter make the following payments in accordance with RPAPL § 1354, as follows:
FIRST: The Referee’s statutory fee for conducting the sale, in accordance with
CPLR8003 (b), is not to exceed $750.00 unless the property sells for $50,000.00 or more. In the
event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of
$____________ for each adjournment or cancellation, unless the Referee caused the delay;
SECOND: All taxes, assessments, and water rates that are liens upon the property
and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or
water rates that have not become absolute, and any other amounts due in accordance with
RPAPL § 1354 (2). Purchaser shall be responsible for interest and penalties due on any real
property taxes accruing after the sale. The Referee shall not be responsible for the payment of
penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless
from any such penalties or fees assessed;
THIRD: The expenses of the sale and the advertising expenses as shown on the bills
presented and certified by said Referee to be correct, duplicate copies of which shall be annexed
to the report of sale;
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FOURTH: The Referee shall then pay to the Plaintiff or its attorneys the following:
Amount Due per Referee’s Report as amended by the parties: $74,588.22 with interest at the
note rate from December 22, 2015 through December 22, 2016 and the note default rate from
December 22, 2016 through July 22, 2022, together with any advances as provided for in the
Note and Mortgage which Plaintiff has made for taxes, insurance, principal, and interest, and any
other charges due to prior mortgages or to maintain the property pending consummation of this
foreclosure sale, not previously included in the computation, upon presentation of receipts for
said expenditures to the Referee, all together with interest thereon pursuant to the Note and
Mortgage, and then with interest from the date of entry of this Judgment at the statutory rate until
the date the deed is transferred;
Costs and Disbursements: $2,481.59 adjudged to the Plaintiff for costs and
disbursements in this action (add if applicable, as taxed or calculated by the Clerk and inserted
herein), with interest at the statutory judgment rate from the date of entry of this judgment;
Additional Allowance: $_________________ is hereby awarded to Plaintiff in
addition to costs, with interest at the statutory judgment rate from the date of entry of this
judgment, pursuant to CPLR Article 83;
Attorney Fees: $20,778.75 is hereby awarded to Plaintiff as reasonable legal fees
herein, with interest at the statutory rate from the date of entry of this Judgment;
FIFTH: Surplus monies arising from the sale shall be paid into court by the officer
conducting the sale within five days after receipt in accordance with RPAPL § 1354 (4) and in
accordance with local County rules regarding Surplus Monies; and it is further
ORDERED, ADJUDGED AND DECREED, that if the Plaintiff is the purchaser of the
property, or in the event that the rights of the purchasers at such sale and the terms of sale under
this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment
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thereof is filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire
amount bid at said sale, but shall execute and deliver to the Plaintiff or its assignee, a deed or
deeds of the property sold upon the payment to said Referee of the amounts specified in items
marked “First”, “Second”, and “Third” above; that the Referee shall allow the Plaintiff to pay the
amounts specified in “Second” and “Third” above when it is recording the deed; that the balance
of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due
Plaintiff as specified in paragraph “Fourth” above; the Plaintiff shall pay any surplus after
applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph
“Fifth” above; and it is further
ORDERED, ADJUDGED AND DECREED, that all expenses of recording the Referee’s
deed, including real property transfer tax, which is not a lien upon the property at the time of
sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer
tax shall be paid in accordance with Tax Law § 1404; and it is further
ORDERED, ADJUDGED AND DECREED, that if the sale proceeds distributed in
accordance with paragraphs “First”, “Second”, “Third” and “Fourth” above are insufficient to
pay Plaintiff the amount due per the Referee’s Report as set forth in paragraph “Fourth” above,
Plaintiff may seek to recover a deficiency judgment against Defendant in accordance with
RPAPL § 1371 if permitted by law; and it is further
ORDERED, ADJUDGED AND DECREED, that the mortgaged property is to be sold in
one parcel in “as is” physical order and condition, subject to any condition that an inspection of
the property would disclose; any facts that an accurate survey of the property would show; any
covenants, restrictions, declarations, reservations, easements, right of way, and public utility
agreements of record, if any; any building and zoning ordinances of the municipality in which
the mortgaged property is located and possible violations of same; any rights of tenants or
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persons in possession of the subject property; prior liens of record, if any, except those liens
addressed in RPAPL § 1354; any equity of redemption of the United States of America to
redeem the property within 120 days from the date of sale; and any rights pursuant to CPLR 317,
2003, and 5015, or any appeal of the underlying action or additional litigation brought by any
defendant or its successor or assignee contesting the validity of this foreclosure; and it is further
ORDERED, ADJUDGED AND DECREED, that the purchaser be let into possession of
the property upon production in hand of the Referee’s Deed or upon personal service of the
Referee’s deed in accordance with CPLR 308; and it is further
ORDERED, ADJUDGED AND DECREED, that the Defendants in this action and all
persons claiming through them and any person obtaining an interest in the property after the
filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and
interest in the property after the sale of the mortgaged property; and it is further
ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale
and executing the proper conveyance to the purchaser, unless the time is extended by the court,
the officer making the sale shall file with the clerk a report under oath of the disposition of the
proceeds of the sale in accordance with RPAPL § 1355(1) and follow all local County rules
regarding handling of Surplus Monies; and it is further
ORDERED, ADJUDGED AND DECREED, that if the purchaser or purchasers at said
sale default(s) upon the bid and/or the terms of sale, the Referee may place the property for
resale without prior application to the Court unless Plaintiff’s attorneys shall elect to make such
application; and it is further
ORDERED, ADJUDGED AND DECREED, that Plaintiff shall serve a copy of this
Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named
in this action, and any other parties or persons entitled to service, including the Referee
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appointed herein; and it is further
ORDERED, ADJUDGED AND DECREED, that nothing herein shall be deemed to
relieve Plaintiff of any obligation imposed by RPAPL § 1307 and RPAPL §1308 to secure and
maintain the property until such time as ownership of the property has been transferred and the
deed duly recorded; and it is further
ORDERED, ADJUDGED AND DECREED, that, when the Referee files a report of sale,
he or she shall concurrently file a Foreclosure Actions Surplus Monies Form; and it is further
ORDERED, ADJUDGED AND DECREED, that to ensure compliance herewith,
Plaintiff shall file a written report with the Court within six months from the date of entry of this
Judgment stating whether the sale has occurred and the outcome thereof.
Said property is commonly known as Homan Road, Stanfordville, New York 12581.
The legal description of the mortgaged property referred to herein is annexed hereto as
Schedule “A”.
E N T E R:
Dated: ________________________________
Hon. Maria G. Rosa
Justice of the Supreme Court
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Schedule A Description
TitleNumber RPATS-6390 Page 1
ALL that certain lot piece or parcel of land, situated in the Town of Stanford,
County of Dutchess, State of New York, bounded and described as follows:
BEGINNING at a point in the southerly side of the highway leading westerly from
Route 82 near McIntryre, at the junction of walls, being the northwesterly corner
of lands of John D. & Geo. M. Russell; thence along the wall and lands of
Russell south 8 degrees 29 minutes 42 seconds west 702.16 feet to a corner of
walls; thence along a wall the line of Vincent and Agnes Flannery, north 85
degrees 05 minutes 51 seconds west 1049.9 feet to a corner of walls; thence
along a wall north 8 degrees 00 minutes 10 seconds east 62.06 feet to a corner
of walls; thence along a wall the line of EM. Corbett; north 86 degrees 14
minutes 25 seconds west 739.64 feet to the easterly side of highway, thence
crossing the highway north 53 degrees 46 minutes 40 seconds west 28.44 feet to
a corner of walk on the westerly side of the highway thence stillalong Corbett;
along wall north 83 degrees 50 minutes 20 seconds west 1070.6 feet to a corner
with a fence; thence along a fence north 81 degrees 28 minutes 30 seconds
west 310.57 feet; thence stillalong a fence south 80 degrees 57 minutes 10
seconds west 144.48 feet to the intersection of the fence and a piece of stone
wall, in the line of Ida Camase; thence along Camase along a piece of wall and
the range thereof north 4 degrees 47 minutes 35 seconds east 554.12 feet to a
point in a wall; thence along a wall; north 6 degrees 13 minutes 50 seconds east
726.46 feet to a point in a wall; thence along a wall north 10 degrees 23 minutes
10 seconds east 625.92 feet; thence along a wall north 10 degrees 02 minutes
20 seconds east 532.43 feet thence along a wall, north 5 degrees 38 minutes 28
seconds east 328.29 feet; to a corner of walls on the southerly side of a highway;
thence along the wall on the southerly side of the highway, the following courses
and distances: south 31 degrees 45 minutes 50 seconds east 90.97 feet; south
25 degrees 23 minutes 40 seconds east 127.10 feet; south 57 degrees 26
minutes 00 seconds east 23.45 feet; south 68 degrees 42 minutes 20 seconds
east 46.01 feet; south 85 degrees 01 minutes 42 seconds east 111.58 feet;
south 57 degrees 16 minutes 40 seconds east 192.66 feet; north S 3 degrees 16
minutes 50 seconds east 169.39 feet; south 84 degrees 12 minutes 42 seconds
east 39.56 feet; south 67 degrees 56 minutes 50 seconds east 214.93 feet;
thence south 58 degrees 43 minutes 50 seconds east 69.08 feet; thence
crossing the highway north 31 degrees 16 minutes 10 seconds east 43.69 feet to
a corner of walls; thence along lands of Reister and Kochler, along a wall, north
34 degrees 21 minutes 0 seconds east 208.46 feet to a corner, thence along a
wall south S 5 degrees 24 minutes 41 seconds east 226.62 feet; thence along a
wall south 74 degrees 47 minutes 10 seconds east 208.68 feel to a corner;
thence along a wall north 21 degrees 29 minutes 50 seconds east 217.48 feet;
thence along a wall north 28 degrees 19 minutes 0 seconds east 112.09 feet;
Continued On Next Page
Schedule A Description - continued
Title Number RPATS-6390 Page 2
thence along a wall north 32 degrees 51 minutes 10 seconds east 278.82 feet;
thence along a wall north 51 degrees 27 minutes 00 seconds east 174.16 feet;
thence along a wall north 49 degrees 12 minutes 30 seconds east 157.04 feet;
thence along a wall north 49 degrees 49 minutes 50 seconds east 204.35 feet;
thence along a wall north 49 degrees 27 minutes 10 seconds east 253.74 feet to
the end of an old dam; thence in a straight line, the fence running from tree to
tree, north 24 degrees 59 minutes 20 seconds east 336.79 feet; thence north 23
degrees 40 minutes 50 seconds east 103.77 feet; thence along a wall, north 20
degrees 37 minutes 40 seconds east 217.48 feet; thence along a wall north 12
degrees 08 minutes 50 seconds east 72.94 feet to a corner of walls in the line of
lands of Frank and Emma Schryer, thence along same along a wall, south 85
degrees 23 minutes 46 seconds east 295.01 feet; thence along a wall; south 89
degrees 25 minutes 25 seconds east 76.54 feet to a corner of walls; thence
along lands of James and Lucy Collins, along a fence, south 4 degrees 54
minutes 45 seconds west 1129.16 feet to a point in a wall; thence along a wall,
south 3 degrees 2 minutes 07 seconds west 160.16 feet; thence along a wall
south 4 degrees 31 minutes 22 seconds west 213.42 feet; thence along a wall
south 8 degrees 52 minutes 10 seconds west 367.82 feet; thence along a fence,
south 11 degrees 01 minutes 30 seconds west 86.70 feet; thence along a fence
south 4 degrees 27 minutes 56 seconds west 79.63 feet to a corner with a wall;
thence along a wall, south 85 degrees 00 minutes 59 seconds east 214.57 feet;
thence along a wall, south 84 degrees 26 minutes 16 seconds east 197.77 feet;
thence along a wall south 86 degrees 33 minutes 12 seconds east 108.62 feet to
a corner of walls; thence along lands of N.B. and Gail Norman, along a wall
south 9 degrees 24 minutes 40 seconds west 547.07 feet; thence along a wall
south 8 degrees 29 minutes 40 seconds west 1170.12 feet to the corner of walls
on the northerly side of the highway, thence crossing the highway south 11
degrees 58 minutes 40 seconds west 32.14 feet to the place of beginning.
EXCEPTING therefrom so much of the above described premises as was
conveyed to Jack J. Giordano and Josephine Giordano, his wife, by deed dated
January 6, 1975 and recorded January 16, 1975 in Liber 1399 of conveyances at
page 883.
EXCEPTING therefrom so much of the above described premises as was
conveyed to H&L Equine, LLC by Deed dated 11/17/2005 and recorded
04/21/2010 at Document No. 02-2010/1860 in the Dutchess County Clerk's
Office.
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PRESENT: HON. MARIA G. ROSA SUPREME COURT JUSTICE SUPREME COURT OF THE STATE OF NEW YORK Servicer: Richard von der Lieth COUNTY OF DUTCHESS (845) 454-2221 -----------------------------------------------------------------X RICHARD VON DER LIETH, Plaintiff, AMENDED ORDER CONFIRMING REFEREE’S REPORT AND JUDGMENT OF FORECLOSURE AND SALE -against- Index No.: 2021-51452 BARBARA GIORDANO A/K/A BARBARA LEONAGGEO A/K/A BARBARA GIORDANO- LEONAGGEO, ROGER LEONAGGEO, M-M2 RE Mortgaged Property: HOLDINGS 4, LLC, PORTFOLIO RECOVERY 150 Homan Road ASSOCIATES, LLC, RAZOR CAPITAL II, LLC Stanfordville, NY 12581 A/P/O CREDIT ONE BANK, N.A., CATANIA, MAHON, MILLIGRAM & RIDER, PLLC, Defendants. ------------------------------------------------------------------X Upon the Summons, Verified Complaint and Notice of Pendency electronically filed through NYSCEF in this action on April 21, 2021, the Motion for Summary Judgment, for Default Judgment, for Referee to Compute and For Other Relief dated October 7, 2021, the Affirmations of Anthony C. Carlini, Jr., Esq. in support thereof, together with the exhibits annexed thereto, all in support of Plaintiff’s Motion To Confirm Referee’s Report And For A Judgment of Foreclosure And Sale; and UPON proof that each of the defendants herein has been duly served with the Summons and Verified Complaint in this action and has voluntarily appeared either personally or by an attorney; and Plaintiff having established to the Court’s satisfaction that a Judgment against Defendants is warranted; and UPON proof that non-appearing defendants are not absent, in accordance with RPAPL § 1321 (2); and A Referee having been appointed to compute the amount due to Plaintiff upon the Note and Mortgage set forth in the Complaint and to examine whether the mortgaged property can be sold in parcels; and UPON reading and filing the Referee’s Oath and Referee’s Report of Computation of Donald Cappillino, Esq. dated July 25, 2022, showing the sum of $78,819.10 due as of the date of said Report and that the mortgaged property may not be sold in parcels; and UPON the agreement of the Plaintiff and Defendants, Barbara Giordano-Leonaggeo and Roger Leonaggeo that the Referees Report of Computation be amended to reflect the sum of $74,588.22 as of the date of said Report; and UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed herein; NOW, on motion by Handel & Carlini, LLP, attorneys for the Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED, that the motion is granted; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee’s Report as amended by the parties be, and the same is, hereby in all respects ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the Complaint and as hereafter described, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by the RPAPL be sold, within 90 days of the date of this Judgment, in one parcel, at a public auction at Dutchess County Courthouse, 10 Market Street, Poughkeepsie, New York 12601 by and under the direction of ________________________________________, who is hereby appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in 2 accordance with RPAPL § 231 in __________________________________ _______________________________________________________________; and it is further ORDERED, ADJUDGED AND DECREED, 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 § 36.2(c) (“Disqualifications from appointment”) and § 36.2(d) (“Limitations on appointments based upon compensation”); and if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee is prohibited from accepting or retaining any funds himself/herself or paying funds to himself/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee shall conduct the foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is present at the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors and/or assigns, or its representative; and it is further ORDERED, ADJUDGED AND DECREED, that if the Referee does not conduct the sale within 90 days of the date of the Judgment, in accordance with CPLR 2004, the time fixed by RPAPL § 1351 (1) is extended for the Referee to conduct the sale as soon as reasonably practicable; and it is further ORDERED, ADJUDGED AND DECREED, that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintiff’s attorney, just as though Plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee shall accept the highest bid 3 offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purpose of the property, and pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiff in which case no deposit against the purchase price shall be required; and it is further ORDERED, ADJUDGED AND DECREED, that, in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject property or fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the same day be re-offered at auction; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee shall then deposit the down payment and proceeds of sale, as necessary, in ______________________________________ in his/her own name as Referee, in accordance with CPLR 2609; and it is further ORDERED, ADJUDGED AND DECREED, that after the property is sold, the Referee shall execute a deed to the purchaser, in accordance with RPAPL § 1353 and the terms of sale, which shall be deemed a binding contract; and it is further ORDERED, ADJUDGED AND DECREED, that, in the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 30 days after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further ORDERED, ADJUDGED AND DECREED, that, if Plaintiff (or its affiliate, as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party shall place the property back on the market for sale or other occupancy: (a) within 180 days of the execution of the deed of sale, or (b) within 90 days of completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation or 4 rehabilitation proceeded diligently to completion, whichever comes first, provided however, that a court of competent jurisdiction may grant an extension for good cause; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of sale, with such interest or penalties which may have lawfully accrued thereon to the date of payment; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance of said proceeds of sale in her/his own name as Referee in________________________________ and shall thereafter make the following payments in accordance with RPAPL § 1354, as follows: FIRST: The Referee’s statutory fee for conducting the sale, in accordance with CPLR8003 (b), is not to exceed $750.00 unless the property sells for $50,000.00 or more. In the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of $____________ for each adjournment or cancellation, unless the Referee caused the delay; SECOND: All taxes, assessments, and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not become absolute, and any other amounts due in accordance with RPAPL § 1354 (2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after the sale. The Referee shall not be responsible for the payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed; THIRD: The expenses of the sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; 5 FOURTH: The Referee shall then pay to the Plaintiff or its attorneys the following: Amount Due per Referee’s Report as amended by the parties: $74,588.22 with interest at the note rate from December 22, 2015 through December 22, 2016 and the note default rate from December 22, 2016 through July 22, 2022, together with any advances as provided for in the Note and Mortgage which Plaintiff has made for taxes, insurance, principal, and interest, and any other charges due to prior mortgages or to maintain the property pending consummation of this foreclosure sale, not previously included in the computation, upon presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant to the Note and Mortgage, and then with interest from the date of entry of this Judgment at the statutory rate until the date the deed is transferred; Costs and Disbursements: $2,481.59 adjudged to the Plaintiff for costs and disbursements in this action (add if applicable, as taxed or calculated by the Clerk and inserted herein), with interest at the statutory judgment rate from the date of entry of this judgment; Additional Allowance: $_________________ is hereby awarded to Plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of this judgment, pursuant to CPLR Article 83; Attorney Fees: $20,778.75 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this Judgment; FIFTH: Surplus monies arising from the sale shall be paid into court by the officer conducting the sale within five days after receipt in accordance with RPAPL § 1354 (4) and in accordance with local County rules regarding Surplus Monies; and it is further ORDERED, ADJUDGED AND DECREED, that if the Plaintiff is the purchaser of the property, or in the event that the rights of the purchasers at such sale and the terms of sale under this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment 6 thereof is filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiff or its assignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items marked “First”, “Second”, and “Third” above; that the Referee shall allow the Plaintiff to pay the amounts specified in “Second” and “Third” above when it is recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due Plaintiff as specified in paragraph “Fourth” above; the Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph “Fifth” above; and it is further ORDERED, ADJUDGED AND DECREED, that all expenses of recording the Referee’s deed, including real property transfer tax, which is not a lien upon the property at the time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer tax shall be paid in accordance with Tax Law § 1404; and it is further ORDERED, ADJUDGED AND DECREED, that if the sale proceeds distributed in accordance with paragraphs “First”, “Second”, “Third” and “Fourth” above are insufficient to pay Plaintiff the amount due per the Referee’s Report as set forth in paragraph “Fourth” above, Plaintiff may seek to recover a deficiency judgment against Defendant in accordance with RPAPL § 1371 if permitted by law; and it is further ORDERED, ADJUDGED AND DECREED, that the mortgaged property is to be sold in one parcel in “as is” physical order and condition, subject to any condition that an inspection of the property would disclose; any facts that an accurate survey of the property would show; any covenants, restrictions, declarations, reservations, easements, right of way, and public utility agreements of record, if any; any building and zoning ordinances of the municipality in which the mortgaged property is located and possible violations of same; any rights of tenants or 7 persons in possession of the subject property; prior liens of record, if any, except those liens addressed in RPAPL § 1354; any equity of redemption of the United States of America to redeem the property within 120 days from the date of sale; and any rights pursuant to CPLR 317, 2003, and 5015, or any appeal of the underlying action or additional litigation brought by any defendant or its successor or assignee contesting the validity of this foreclosure; and it is further ORDERED, ADJUDGED AND DECREED, that the purchaser be let into possession of the property upon production in hand of the Referee’s Deed or upon personal service of the Referee’s deed in accordance with CPLR 308; and it is further ORDERED, ADJUDGED AND DECREED, that the Defendants in this action and all persons claiming through them and any person obtaining an interest in the property after the filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and interest in the property after the sale of the mortgaged property; and it is further ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer making the sale shall file with the clerk a report under oath of the disposition of the proceeds of the sale in accordance with RPAPL § 1355(1) and follow all local County rules regarding handling of Surplus Monies; and it is further ORDERED, ADJUDGED AND DECREED, that if the purchaser or purchasers at said sale default(s) upon the bid and/or the terms of sale, the Referee may place the property for resale without prior application to the Court unless Plaintiff’s attorneys shall elect to make such application; and it is further ORDERED, ADJUDGED AND DECREED, that Plaintiff shall serve a copy of this Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in this action, and any other parties or persons entitled to service, including the Referee 8 appointed herein; and it is further ORDERED, ADJUDGED AND DECREED, that nothing herein shall be deemed to relieve Plaintiff of any obligation imposed by RPAPL § 1307 and RPAPL §1308 to secure and maintain the property until such time as ownership of the property has been transferred and the deed duly recorded; and it is further ORDERED, ADJUDGED AND DECREED, that, when the Referee files a report of sale, he or she shall concurrently file a Foreclosure Actions Surplus Monies Form; and it is further ORDERED, ADJUDGED AND DECREED, that to ensure compliance herewith, Plaintiff shall file a written report with the Court within six months from the date of entry of this Judgment stating whether the sale has occurred and the outcome thereof. Said property is commonly known as Homan Road, Stanfordville, New York 12581. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule “A”. E N T E R: Dated: ________________________________ Hon. Maria G. Rosa Justice of the Supreme Court 9 Schedule A Description TitleNumber RPATS-6390 Page 1 ALL that certain lot piece or parcel of land, situated in the Town of Stanford, County of Dutchess, State of New York, bounded and described as follows: BEGINNING at a point in the southerly side of the highway leading westerly from Route 82 near McIntryre, at the junction of walls, being the northwesterly corner of lands of John D. & Geo. M. Russell; thence along the wall and lands of Russell south 8 degrees 29 minutes 42 seconds west 702.16 feet to a corner of walls; thence along a wall the line of Vincent and Agnes Flannery, north 85 degrees 05 minutes 51 seconds west 1049.9 feet to a corner of walls; thence along a wall north 8 degrees 00 minutes 10 seconds east 62.06 feet to a corner of walls; thence along a wall the line of EM. Corbett; north 86 degrees 14 minutes 25 seconds west 739.64 feet to the easterly side of highway, thence crossing the highway north 53 degrees 46 minutes 40 seconds west 28.44 feet to a corner of walk on the westerly side of the highway thence stillalong Corbett; along wall north 83 degrees 50 minutes 20 seconds west 1070.6 feet to a corner with a fence; thence along a fence north 81 degrees 28 minutes 30 seconds west 310.57 feet; thence stillalong a fence south 80 degrees 57 minutes 10 seconds west 144.48 feet to the intersection of the fence and a piece of stone wall, in the line of Ida Camase; thence along Camase along a piece of wall and the range thereof north 4 degrees 47 minutes 35 seconds east 554.12 feet to a point in a wall; thence along a wall; north 6 degrees 13 minutes 50 seconds east 726.46 feet to a point in a wall; thence along a wall north 10 degrees 23 minutes 10 seconds east 625.92 feet; thence along a wall north 10 degrees 02 minutes 20 seconds east 532.43 feet thence along a wall, north 5 degrees 38 minutes 28 seconds east 328.29 feet; to a corner of walls on the southerly side of a highway; thence along the wall on the southerly side of the highway, the following courses and distances: south 31 degrees 45 minutes 50 seconds east 90.97 feet; south 25 degrees 23 minutes 40 seconds east 127.10 feet; south 57 degrees 26 minutes 00 seconds east 23.45 feet; south 68 degrees 42 minutes 20 seconds east 46.01 feet; south 85 degrees 01 minutes 42 seconds east 111.58 feet; south 57 degrees 16 minutes 40 seconds east 192.66 feet; north S 3 degrees 16 minutes 50 seconds east 169.39 feet; south 84 degrees 12 minutes 42 seconds east 39.56 feet; south 67 degrees 56 minutes 50 seconds east 214.93 feet; thence south 58 degrees 43 minutes 50 seconds east 69.08 feet; thence crossing the highway north 31 degrees 16 minutes 10 seconds east 43.69 feet to a corner of walls; thence along lands of Reister and Kochler, along a wall, north 34 degrees 21 minutes 0 seconds east 208.46 feet to a corner, thence along a wall south S 5 degrees 24 minutes 41 seconds east 226.62 feet; thence along a wall south 74 degrees 47 minutes 10 seconds east 208.68 feel to a corner; thence along a wall north 21 degrees 29 minutes 50 seconds east 217.48 feet; thence along a wall north 28 degrees 19 minutes 0 seconds east 112.09 feet; Continued On Next Page Schedule A Description - continued Title Number RPATS-6390 Page 2 thence along a wall north 32 degrees 51 minutes 10 seconds east 278.82 feet; thence along a wall north 51 degrees 27 minutes 00 seconds east 174.16 feet; thence along a wall north 49 degrees 12 minutes 30 seconds east 157.04 feet; thence along a wall north 49 degrees 49 minutes 50 seconds east 204.35 feet; thence along a wall north 49 degrees 27 minutes 10 seconds east 253.74 feet to the end of an old dam; thence in a straight line, the fence running from tree to tree, north 24 degrees 59 minutes 20 seconds east 336.79 feet; thence north 23 degrees 40 minutes 50 seconds east 103.77 feet; thence along a wall, north 20 degrees 37 minutes 40 seconds east 217.48 feet; thence along a wall north 12 degrees 08 minutes 50 seconds east 72.94 feet to a corner of walls in the line of lands of Frank and Emma Schryer, thence along same along a wall, south 85 degrees 23 minutes 46 seconds east 295.01 feet; thence along a wall; south 89 degrees 25 minutes 25 seconds east 76.54 feet to a corner of walls; thence along lands of James and Lucy Collins, along a fence, south 4 degrees 54 minutes 45 seconds west 1129.16 feet to a point in a wall; thence along a wall, south 3 degrees 2 minutes 07 seconds west 160.16 feet; thence along a wall south 4 degrees 31 minutes 22 seconds west 213.42 feet; thence along a wall south 8 degrees 52 minutes 10 seconds west 367.82 feet; thence along a fence, south 11 degrees 01 minutes 30 seconds west 86.70 feet; thence along a fence south 4 degrees 27 minutes 56 seconds west 79.63 feet to a corner with a wall; thence along a wall, south 85 degrees 00 minutes 59 seconds east 214.57 feet; thence along a wall, south 84 degrees 26 minutes 16 seconds east 197.77 feet; thence along a wall south 86 degrees 33 minutes 12 seconds east 108.62 feet to a corner of walls; thence along lands of N.B. and Gail Norman, along a wall south 9 degrees 24 minutes 40 seconds west 547.07 feet; thence along a wall south 8 degrees 29 minutes 40 seconds west 1170.12 feet to the corner of walls on the northerly side of the highway, thence crossing the highway south 11 degrees 58 minutes 40 seconds west 32.14 feet to the place of beginning. EXCEPTING therefrom so much of the above described premises as was conveyed to Jack J. Giordano and Josephine Giordano, his wife, by deed dated January 6, 1975 and recorded January 16, 1975 in Liber 1399 of conveyances at page 883. EXCEPTING therefrom so much of the above described premises as was conveyed to H&L Equine, LLC by Deed dated 11/17/2005 and recorded 04/21/2010 at Document No. 02-2010/1860 in the Dutchess County Clerk's Office.