Preview
FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452
NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 09/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
-------------------------------------------Ç
RICHARD VON DER LIETH,
Plaintiff, Index No.: 2021-51452
-against-
BARBARA GIORDANO A/K/A BARBARA NOTICE OF ENTRY
LEONAGGEO A/K/A BARBARA GIORDANO-
LEONAGGEO, ROGER LEONAGGEO, M-M2 RE
HOLDINGS 4, LLC, PORTFOLIO RECOVERY
ASSOCIATES, LLC, RAZOR CAPITAL II, LLC
A/P/O CREDIT ONE BANK, N.A., CATANIA, Assigned Judge:
MAHON, MILLIGRAM & RIDER, PLLC, Hon. Maria G. Rosa
Justice of the Supreme Court
Defendants.
_______________________________Ç
PLEASE TAKE NOTICE, that the within is a true copy of an AMEDNED ORDER
CONFIRMING REFEREE'S REPORT AND JUDGMENT OF FORECLOSURE AND
SALE of the Hon. Maria G. Rosa dated August 30, 2022 and entered in the Office of the Clerk of
the within named Court on September 1, 2022.
Dated: Poughkeepsie, New York
September 6, 2022
Yours, etc.
HANDEL & CA INI, LLP
By:
Anthony C. Carlini, Jr., Esq.
Attorneys for Plaintiff
1984 New Hackensack Road
Poughkeepsie, New York 12603
Tel. No. (845) 454-2221
TO:
Donald Cappillino, Esq., Referee
Cappillino, Rothschild & Egan, LLP
7 Broad Street
Pawling, New York 12564
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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
RICHARD VON DER LIETH,
- . AMENDED ORDER
PlaintitT,
CONFIRMING
REFEREE'S REPORT
AND JUDGMENT OF
FORECLOSURE AND SALE .
"
-against- . .
Index No.: 2021-51452
BARBARA GIOR ANO 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.
__.-------------.._ _ __..------..-----.._.--Ç
Upon the Summons, Verified Complaint arid Notice of Pendency electronically filed
through NYSCEF in thisaction 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, allin support ofPlaintiff'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 thisaction and has voluntarily appeared either personally or by an
attorney; and Plaintiffhaving established to the Couh's satisfaction that a Judgment against
Defendants iswarranted; and .
UPON proof that non-.appearing defendants are not absent, in accordance with RPAPL §
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1321 (2); and A Referee having been appointed to compute the amount due toPlaintiff 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 filingthe Referee's Oath sind Referee's Report of Computation of
Donald Cappillino, Esq. dated July 25, 2022, showing the sum o.f $78,819.10 due as of the date
of said Report and thatthe mortgaged property may not be sold in parcel ; and
UPON theagnacamotafsthedtleintifRamdDefendants, Barbara Giordano-Leonaggeo and.
objectiontothe referee's
reportof computationand plaintiffsacceptance ofDefendants'calculationand consent
.S.C. Roger Leonaggebehat the Referees Report of Computation be amended to reflect the sum of
$74,588.22 as of the date of said Report; and .
UPON pro f of due notice of thismotion upon allparties entitledto receive same, and
. upon allthe prior proceedings and papers filed herein;
NOW, on motion by Handel & Carlini, LLP, attorneys for the PlaintiÑ, itis hereby
ORDERED, ADJUDGED AND DECREED,.that the motion is grantedi and itis further
ORDERED, ADEDGED AND DECREED, that the Referee's Report as amended by
the parties be, and thesame is,hereby in allrespects ratifiedand confinned; and itis further
ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in
the Complaint and as hereafter described, or such partthereof 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 parcet at a public auction at
1st Floor
Rear at 11:30a.m. ** ·
Lobby
Is-. Dutchess County Cou.tthouse, 10 Market Street, Poughkeepsie, New York 12601 by and under
.Donald Cappillino,Esq.
the direction of , who ishereby apppinted
Referee for thatpurpose; that said Referee give public notice of the time and place ofsale in
* '
-ct to Administrative
Order AO/232/20 and the9th JudicialDisrictForeclosure Auction Plan and Rules in effect
currently due to the
OVID-19 pandemic
LS.C. ** The Referee shalicoor inatethe date and time
ofthe sale withtheChief Clerk-oftheCourts of D_tchess.County by emailing
Dutchessauctions@nycourts.gov
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accordance with thePoughkeepsie Journal
RPAPL § 231 in
J.S.C.
; and itis further
ORDERED, ADJUDGED ÄND DECREED, that by accepting this appointment, the
Referee certifies thathe/she is incompliance with Part 36 of the Rules of the Chief Judge (2.2
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 ifthe Referee is
disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee
shall immediately notify the Appointing Judge; and itis further
ORDERED, ADJUDGED AND DECREED, that the Referee is prohibited from
. .
accepting or retaining any funds himselfAntself or paying funds to himself/heself without .
compliance with Part 36 of the Rules of the Chief Administrative Judge; arid itis further
ORDERED, ADJUDGED AND DECREED, that the Referee shall conduct the
foreclosure sale only ifPlaintiff, itssuccessors and/or assignees, or itsrepresentative is present at
the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, itssuccessors
and/or or its and itis further ·
assigns, representative;
ÅDJUDGED AND DECREED, that ifthe Referee does not conduct the sale .
ORDERED,
within 90 days of the date of the Judgment, in accordance with CPLR 2004, the time fixed by
upon application
RPAPL § 1351 (1):sextended for the Referee to conduct the sale as soon as reasonably
.S.C.
practicable; and itis further .
ORDERED, ADJUDGED AND DECREED, that at the time of sale the Referee shall
accept a written bid from the Plaintiff or the Plaintiff'sattorney, just as though Plaintiff.were
physically present to submit s.aidbid; and itis further
ORDERED, ADJUDGED AND DECREED, that the Referee shall accept the highest bid
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offered by a bidder shall be identified upon the court record, and shall require that the
who,
successful bidder immediately execute Terms of Sale for the purpose of the property, and to
pay
the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
successful bidder is Plaintiffin which case no deposit against the purchase price shall be
required; and itis further
ORDERED, ADJUDGED AND DECREED, that, in the event the first-successful bidder
failsto execute the Terms of Sale immediately following the bidding upon the subject property .
or failsto immediately pay the ten percent (10%) deposit as required, the property shall
immediately and on the same day be re-offered at auction; and itis further
ORDERED, ADJUDGED AND DECREED, that the Referee shall then deposit the down
and proceeds as in an FDIC insured Dutchess County bank .
payment of sale, necessary, in
.S.C.
his/her own name as Referee, in accordance with CPLl(2609; and itis further
ORDERED, ADJUDGED AND DECREED, that after the property issold, the Referee
shallexecute a deed to the purchaser, in accordance with RPAPL § 1353 and the terms of sale,
which shall be deemed a binding contract; and itisfurther
ORDERED, ADJUDGED AND DECREED, that, in the event a party other than the
Plaintiff becomes the purchaser at the sale,the closing of titleshall be held no later than 30 days
. *
afterthe date of such sale unless otherwise stipulated all parties to the sale; and itis further --
by
ORDERED,.ADJUDGED AND DECREED, that, ifPlaintiff (or itsaffiliate,as defined
in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) isthe 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 .
. . *Ifthe sale is to
a third
party, counsel
plaintiffs is directed
to attend
the closing.
J. .C.
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rehabilitation proceeded diligently to completion, whichever comes first,provided that
however,
a court of competent jurisdiction may grant an extension for good cause; and itis further
ORDERED, ADRTDGED AND DECREED, thatthe Referee, on receiving the proceeds
of such sale, shallforthwith pay therefrom, in accordance with their to law, all
priority according
taxes, assessments, sewet 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 itis further .
ORDERED, ADRJDOED AND DECREED, thatthe Referee then deposit.the balance of
said proceeds of sale in Irel/hisown name as Referee in an FDIC insuredDutchess County bank
. .S.C.
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
$500.00and $100.00 for of
filing the surplus
rnoney form
CPLR8003 (b), is not to exceed $PSM0(unlesaghecpropeotyxsaRsxtica$60;$Mte6txmmemxxdncere
J.S.C.
eventasslexameceancelladepostponedyBlointicfxshakeempensatexbhaRefmeminxNmosonaef
$cxxxxxxxxxxxxxx4nxcashxadjeummentesarmetiatimrawlessahecRefoiweausedcthexdelay;
SECOND: All taxes, assessments, and water ratesthat are liens upon the property
and monies necessary to redeem the property from any sales for unpaid taices,assessments, or
water ratesthat 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 forthe 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 teferee to be correct, duplicate copies of which shaÚ be annexed
to the report of sale;
*and thatifthe Referee in excess
is receiving of $1,110,the Refereeshallfollowthe procedure set forth
in 22 NYCRR §36.4(e)
J.S.C.
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FOURTH: The Referee shall then pay to the Plaintiffor itsattomeys the following:
Amount Due per Referee's Report as amended by the parties: $74,588.22 with interest at the
note ratefrom 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 cliarges due toprior 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, alltogether with iriterestthereon 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 istransferred;
$2,481.59 hereby
Costs and Disbursements: $11849kfe adjudged to the Plaintiff for costs and
and
isbursements in this action (addxi@uppl!øsbts, as taxed w calculated by the Clerk and inserted
.S.C.
herein), with interestat the.statutory judgment rate from the date of entry of thisjudgment;
AdgloonDaltownsexMlkxxxxxxxxxxxxxxichew@pex9eratxbtM2timif&
WatEERM7cWS WiG0tN4t¥MBE%WaYdtWÿJHE§tWFdtXERfi@KNi5%htMYoWI WNitiK
}tMIKMHigNMWd(EERYMfMW®3; .
Attorney Fees: $20,778.75 ishereby awarded to Plaintiff as reasonable legal fees
J.S.C.
herein, with interestat the statutory rate from the date of entry of thisJudgment;
to the DutchessCounty Commissioner of Finance
FIFTH: Surplus monies arising from the sale shall be paid iWoVKAMy the officer
J.S.C.
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 itis further
ORDERED, ADJUDGED AND DECREED, that ifthe Plaintiff isthe purchaser ofthe
property, or in the event that the rights of the purchasers at such sale·and the terms of sale under
thisjudgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment
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thereof is filedwith said Referee, said Referee shall not require Plaintiffto in cash the entire
pay
amount bid at said sale,but shall execute and deliver to the Plaintiff or itsassignee, a deed or
deeds of the property sold upon the payment to said Referee of the amounts specified in items
"Third"
marked "First","Second", and above; that the Referee shall allow the Plaintiff to pay the
"Second" "Third"
amounts specified in and above when itis recording the deed;.that the balance
of the bid,after deducting the amounts paid by the Plaintiff, shall be applied to the amount due
"Fourth"
Plaintiff as specified·in paragraph above; the Plaintiffshall pay any surplus after
applying the balance of the bid to the Referee, who shall deposit itin accordance with paragraph
"Fifth"
above; and itis further
ORDERED, ADJUDGED AND DECREED, that allexpenses of recording the Referee's
deed, including real property transfer tax; which isnot a lienupon 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 itis further
ORDERED, ADJUDGED AND DECREED, that ifthe sale proceeds distributed in
"Third" "Fourth"
accordance with paragraphs "First", "Second", and above are insufficient to
"Fourth"
pay Plaintiff the amount due per the Referee's Report as set forth in paragraph above,
Plaintiff may seek to recover a deficiency judgment against Defendant in accordance with
RPAPL § 1371 ifpermitted by law; and itis further
ORDERED, ADJUDGED AND DEOREED, that the.mortgaged property isto be sold in
is"
one parcel in "as physical order and condition, subject to any condition that an inspection of
the property would disclose; any facts thatan accurate survey of the property would show; any
covenants, restrictions,declarations, reservations, easements, right of way, and public utility
agreements of record, ifany; any building and zoning ordinances of the municipality in which
the mortgaged property is located and possible yiolations of same; any rights of tenants or
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persons in possession of the subject property; prior liens of record, ifany, except those liens
addressed in RPAPL of redemption of the United States of '
§ 1354; any equity America to
redeem the property within 120 days from the date of sale; and rights pursuant to CPLR 317,
any
2003, and 5015, or any appeal of the underlying action or additional liigation brought by any
defendant or itssuccessor or assignee contesting the validity of this foreclosure; and itis further
ORDERED, Al4JUDGED 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 itis further . .
ORDERED, ADJUDGED AND DECREED, that the Defendants in thisaction and all
persons claiming through them and any person obtammg an interest in the property after the
filing of the Notice of Pendency are barred aDd foreclosed of allright, claiing lien, and
title,
interest in the property afterthe sale of the mortgaged property; and itis further
·
ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale
and executing the proper conveyance to the purchaser, unless the time isextended by the court,
. the officer making the sále shall filewith the clerk a report un er oath.of the disposition of the
proceeds of the sale in.accordance with RPAPL § 1355(1) and follow alllocal County rules
- regarding of Surplus Monies; and itisfurther..
handling
ORDERED, ADJUDGED AND DECREED, that ifthe 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 attorneysshall elect to make such
application; and itis further
ORDERED, ADJUDGED AND DECREED, that Plaintiff shall serve a copy of this
Judgment with Notice ofEntry upon the owner of the equity of redemption, any tenants named
in thisaction, and any other parties or persons. entitled to service, inc;luding the Referee .
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appointed herein; and itis further
· A JUDGED AND DECREED, that nothing herein shall be deeñ1ed to
ORDERED,
relieve Plaintiffof obligation imposed RPAPL § 1307 and RPAPL §1308 to-secure and
any by
maintain the untilsuch time as of the property has been transferred and the
property ownei·ship
deed duly recorded; and itis further
ADJUDGED AND DECREED, that,when the Referee filesa report of sale,
ORDERED,
shall filea Foreclosure Actions Surplus Monies Form; and itis further
he or she concurrently
ADJUDGED AND DECREED, that to ensure compliance herewith,.
QRDERED,
with the Court within six months from the date of entry of this
Plaintiffshall file a written report
Judgment syhether the sale has occurred and the outcome thereof.
stating
Said is known as Homan Road, Stanfordville, New York 12581.
property commonly
description of the mortgaged referred to herein isannexed hereto as
The legal property
Schedule "A".
. E N T E R:
Dated: August 3O , 2022
Poughkeepsie, NY . . on. Marif . Rosa
Justice of the Supreme Court
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Schedule A Description
TitleNumber RPATS-6390 e 1
Pag
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 leading from
highway westerly -
Route 82 near McIntryre, at the junction of walls, being the corner
northwesterly
of lands of John D. & Geo. M. Russell; thence along the wall and lands of
Russell south 8 degrees 29 minutes 42 seconds west 702.18 feet to a comer 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 comer
of walls; thence along a wall the lineof 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 1070.8 feet to a corner
with a fence; thence along a fence north 81 degrees 28 minutes 30 seconds
west 310.57 feet; thence still
along 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.
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FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS -------------------------------------------Ç RICHARD VON DER LIETH, Plaintiff, Index No.: 2021-51452 -against- BARBARA GIORDANO A/K/A BARBARA NOTICE OF ENTRY LEONAGGEO A/K/A BARBARA GIORDANO- LEONAGGEO, ROGER LEONAGGEO, M-M2 RE HOLDINGS 4, LLC, PORTFOLIO RECOVERY ASSOCIATES, LLC, RAZOR CAPITAL II, LLC A/P/O CREDIT ONE BANK, N.A., CATANIA, Assigned Judge: MAHON, MILLIGRAM & RIDER, PLLC, Hon. Maria G. Rosa Justice of the Supreme Court Defendants. _______________________________Ç PLEASE TAKE NOTICE, that the within is a true copy of an AMEDNED ORDER CONFIRMING REFEREE'S REPORT AND JUDGMENT OF FORECLOSURE AND SALE of the Hon. Maria G. Rosa dated August 30, 2022 and entered in the Office of the Clerk of the within named Court on September 1, 2022. Dated: Poughkeepsie, New York September 6, 2022 Yours, etc. HANDEL & CA INI, LLP By: Anthony C. Carlini, Jr., Esq. Attorneys for Plaintiff 1984 New Hackensack Road Poughkeepsie, New York 12603 Tel. No. (845) 454-2221 TO: Donald Cappillino, Esq., Referee Cappillino, Rothschild & Egan, LLP 7 Broad Street Pawling, New York 12564 1 1 of 12 FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452 FILED DUTCHESS COUNTY CLERK INDEX NO . 2021-51452 NYSCEF DOC.: NO. 128 0 9/ 01/2022 .11:56 AM| RECEIVED NYSCEF: 09/06/2022 NYSCEF DOC. NO. 126 RECEIVED NYSCEF : 0 Ó 22 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 RICHARD VON DER LIETH, - . AMENDED ORDER PlaintitT, CONFIRMING REFEREE'S REPORT AND JUDGMENT OF FORECLOSURE AND SALE . " -against- . . Index No.: 2021-51452 BARBARA GIOR ANO 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. __.-------------.._ _ __..------..-----.._.--Ç Upon the Summons, Verified Complaint arid Notice of Pendency electronically filed through NYSCEF in thisaction 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, allin support ofPlaintiff'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 thisaction and has voluntarily appeared either personally or by an attorney; and Plaintiffhaving established to the Couh's satisfaction that a Judgment against Defendants iswarranted; and . UPON proof that non-.appearing defendants are not absent, in accordance with RPAPL § 1 of 11 2 of 12 FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452 liŠLED : DUTCHESS COUNTY CLERK O 2 . . INDEX NO. 2021-51452 NYSCEF DOC. NO. 128 1 : RECEIVED NYSCEF: 09/06/2022 NYSCEF DOC. NO. 12 6 RECEIVED NYSCEF : 09/01/20'22 . 1321 (2); and A Referee having been appointed to compute the amount due toPlaintiff 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 filingthe Referee's Oath sind Referee's Report of Computation of Donald Cappillino, Esq. dated July 25, 2022, showing the sum o.f $78,819.10 due as of the date of said Report and thatthe mortgaged property may not be sold in parcel ; and UPON theagnacamotafsthedtleintifRamdDefendants, Barbara Giordano-Leonaggeo and. objectiontothe referee's reportof computationand plaintiffsacceptance ofDefendants'calculationand consent .S.C. Roger Leonaggebehat the Referees Report of Computation be amended to reflect the sum of $74,588.22 as of the date of said Report; and . UPON pro f of due notice of thismotion upon allparties entitledto receive same, and . upon allthe prior proceedings and papers filed herein; NOW, on motion by Handel & Carlini, LLP, attorneys for the PlaintiÑ, itis hereby ORDERED, ADJUDGED AND DECREED,.that the motion is grantedi and itis further ORDERED, ADEDGED AND DECREED, that the Referee's Report as amended by the parties be, and thesame is,hereby in allrespects ratifiedand confinned; and itis further ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the Complaint and as hereafter described, or such partthereof 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 parcet at a public auction at 1st Floor Rear at 11:30a.m. ** · Lobby Is-. Dutchess County Cou.tthouse, 10 Market Street, Poughkeepsie, New York 12601 by and under .Donald Cappillino,Esq. the direction of , who ishereby apppinted Referee for thatpurpose; that said Referee give public notice of the time and place ofsale in * ' -ct to Administrative Order AO/232/20 and the9th JudicialDisrictForeclosure Auction Plan and Rules in effect currently due to the OVID-19 pandemic LS.C. ** The Referee shalicoor inatethe date and time ofthe sale withtheChief Clerk-oftheCourts of D_tchess.County by emailing Dutchessauctions@nycourts.gov 2 of 11 3 of 12 FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 09/06/2022 NYSCEF DOC. - NO. 126 RECEIVED NYSCEF: 09/01/2022 accordance with thePoughkeepsie Journal RPAPL § 231 in J.S.C. ; and itis further ORDERED, ADJUDGED ÄND DECREED, that by accepting this appointment, the Referee certifies thathe/she is incompliance with Part 36 of the Rules of the Chief Judge (2.2 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 ifthe Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and itis further ORDERED, ADJUDGED AND DECREED, that the Referee is prohibited from . . accepting or retaining any funds himselfAntself or paying funds to himself/heself without . compliance with Part 36 of the Rules of the Chief Administrative Judge; arid itis further ORDERED, ADJUDGED AND DECREED, that the Referee shall conduct the foreclosure sale only ifPlaintiff, itssuccessors and/or assignees, or itsrepresentative is present at the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, itssuccessors and/or or its and itis further · assigns, representative; ÅDJUDGED AND DECREED, that ifthe Referee does not conduct the sale . ORDERED, within 90 days of the date of the Judgment, in accordance with CPLR 2004, the time fixed by upon application RPAPL § 1351 (1):sextended for the Referee to conduct the sale as soon as reasonably .S.C. practicable; and itis further . ORDERED, ADJUDGED AND DECREED, that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintiff'sattorney, just as though Plaintiff.were physically present to submit s.aidbid; and itis further ORDERED, ADJUDGED AND DECREED, that the Referee shall accept the highest bid 3 3 of 11 4 of 12 FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452 liTLED : DUTCHESS COUNTY CLERK ° 2°2 - NYSCEF DOC. NO. 128 ÔG/ 01/f 1:56 AM RECEIVED NYSCEF: 09/06/2022 NYSCEF DOC. NO. 126 REÒEIVED NYSCEF: 09/ Q1/2022 offered by a bidder shall be identified upon the court record, and shall require that the who, successful bidder immediately execute Terms of Sale for the purpose of the property, and to pay the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiffin which case no deposit against the purchase price shall be required; and itis further ORDERED, ADJUDGED AND DECREED, that, in the event the first-successful bidder failsto execute the Terms of Sale immediately following the bidding upon the subject property . or failsto immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the same day be re-offered at auction; and itis further ORDERED, ADJUDGED AND DECREED, that the Referee shall then deposit the down and proceeds as in an FDIC insured Dutchess County bank . payment of sale, necessary, in .S.C. his/her own name as Referee, in accordance with CPLl(2609; and itis further ORDERED, ADJUDGED AND DECREED, that after the property issold, the Referee shallexecute a deed to the purchaser, in accordance with RPAPL § 1353 and the terms of sale, which shall be deemed a binding contract; and itisfurther ORDERED, ADJUDGED AND DECREED, that, in the event a party other than the Plaintiff becomes the purchaser at the sale,the closing of titleshall be held no later than 30 days . * afterthe date of such sale unless otherwise stipulated all parties to the sale; and itis further -- by ORDERED,.ADJUDGED AND DECREED, that, ifPlaintiff (or itsaffiliate,as defined in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) isthe 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 . . . *Ifthe sale is to a third party, counsel plaintiffs is directed to attend the closing. J. .C. 4 of 11 5 of 12 FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452 FILED : DUTCHE SS COUNTY CLERK 9 01 INDEX NO. NYSCEF DOC. NO. 128 2022 11:56 RECEIVED NYSCEF: 2021-51452 09/06/2022 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 09/01/2022 rehabilitation proceeded diligently to completion, whichever comes first,provided that however, a court of competent jurisdiction may grant an extension for good cause; and itis further ORDERED, ADRTDGED AND DECREED, thatthe Referee, on receiving the proceeds of such sale, shallforthwith pay therefrom, in accordance with their to law, all priority according taxes, assessments, sewet 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 itis further . ORDERED, ADRJDOED AND DECREED, thatthe Referee then deposit.the balance of said proceeds of sale in Irel/hisown name as Referee in an FDIC insuredDutchess County bank . .S.C. 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 $500.00and $100.00 for of filing the surplus rnoney form CPLR8003 (b), is not to exceed $PSM0(unlesaghecpropeotyxsaRsxtica$60;$Mte6txmmemxxdncere J.S.C. eventasslexameceancelladepostponedyBlointicfxshakeempensatexbhaRefmeminxNmosonaef $cxxxxxxxxxxxxxx4nxcashxadjeummentesarmetiatimrawlessahecRefoiweausedcthexdelay; SECOND: All taxes, assessments, and water ratesthat are liens upon the property and monies necessary to redeem the property from any sales for unpaid taices,assessments, or water ratesthat 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 forthe 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 teferee to be correct, duplicate copies of which shaÚ be annexed to the report of sale; *and thatifthe Referee in excess is receiving of $1,110,the Refereeshallfollowthe procedure set forth in 22 NYCRR §36.4(e) J.S.C. 5 . . 5 of 11 6 of 12 FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452 FILED : DUTCHESS COUNTY CLERK 09/01/2022 11:56 INDE, NO. 2021-51452 NYSCEF DOC. NO. 128 Ah RECEIVED NYSCEF: 09/06/2022 NYSCEF DOC. NO. 126 TECEIVED NYSCEF: 09/01/2022 FOURTH: The Referee shall then pay to the Plaintiffor itsattomeys the following: Amount Due per Referee's Report as amended by the parties: $74,588.22 with interest at the note ratefrom 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 cliarges due toprior 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, alltogether with iriterestthereon 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 istransferred; $2,481.59 hereby Costs and Disbursements: $11849kfe adjudged to the Plaintiff for costs and and isbursements in this action (addxi@uppl!øsbts, as taxed w calculated by the Clerk and inserted .S.C. herein), with interestat the.statutory judgment rate from the date of entry of thisjudgment; AdgloonDaltownsexMlkxxxxxxxxxxxxxxichew@pex9eratxbtM2timif& WatEERM7cWS WiG0tN4t¥MBE%WaYdtWÿJHE§tWFdtXERfi@KNi5%htMYoWI WNitiK }tMIKMHigNMWd(EERYMfMW®3; . Attorney Fees: $20,778.75 ishereby awarded to Plaintiff as reasonable legal fees J.S.C. herein, with interestat the statutory rate from the date of entry of thisJudgment; to the DutchessCounty Commissioner of Finance FIFTH: Surplus monies arising from the sale shall be paid iWoVKAMy the officer J.S.C. 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 itis further ORDERED, ADJUDGED AND DECREED, that ifthe Plaintiff isthe purchaser ofthe property, or in the event that the rights of the purchasers at such sale·and the terms of sale under thisjudgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment 6 6 of 11 7 of 12 FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452 |FILED NYSCEF DOC. : DUTCHESS NO. 128 COUNTY CLERK 09/01/2022 11:56 AM| RECEIVED "ÖÊ NO NYSCEF: 021-51452 09/06/2022 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 09/01/2022 thereof is filedwith said Referee, said Referee shall not require Plaintiffto in cash the entire pay amount bid at said sale,but shall execute and deliver to the Plaintiff or itsassignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items "Third" marked "First","Second", and above; that the Referee shall allow the Plaintiff to pay the "Second" "Third" amounts specified in and above when itis recording the deed;.that the balance of the bid,after deducting the amounts paid by the Plaintiff, shall be applied to the amount due "Fourth" Plaintiff as specified·in paragraph above; the Plaintiffshall pay any surplus after applying the balance of the bid to the Referee, who shall deposit itin accordance with paragraph "Fifth" above; and itis further ORDERED, ADJUDGED AND DECREED, that allexpenses of recording the Referee's deed, including real property transfer tax; which isnot a lienupon 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 itis further ORDERED, ADJUDGED AND DECREED, that ifthe sale proceeds distributed in "Third" "Fourth" accordance with paragraphs "First", "Second", and above are insufficient to "Fourth" pay Plaintiff the amount due per the Referee's Report as set forth in paragraph above, Plaintiff may seek to recover a deficiency judgment against Defendant in accordance with RPAPL § 1371 ifpermitted by law; and itis further ORDERED, ADJUDGED AND DEOREED, that the.mortgaged property isto be sold in is" one parcel in "as physical order and condition, subject to any condition that an inspection of the property would disclose; any facts thatan accurate survey of the property would show; any covenants, restrictions,declarations, reservations, easements, right of way, and public utility agreements of record, ifany; any building and zoning ordinances of the municipality in which the mortgaged property is located and possible yiolations of same; any rights of tenants or 7 7 of 11 8 of 12 FILED: FILED NYSCEF NYSCEF DOC. DUTCHESS : DUTCHESS NO. DOC. NO. 128 12 6 COUNTY COUNTY CLERK CLERK . 09/06/2022 09/01/2 . 12:51 1:56 C PM . . RECEIVED RECEIVED INDEX NO. O NYSCEF: NYSCEF: 2021-51452 621-5 09/06/2022 09/01/2 022 persons in possession of the subject property; prior liens of record, ifany, except those liens addressed in RPAPL of redemption of the United States of ' § 1354; any equity America to redeem the property within 120 days from the date of sale; and rights pursuant to CPLR 317, any 2003, and 5015, or any appeal of the underlying action or additional liigation brought by any defendant or itssuccessor or assignee contesting the validity of this foreclosure; and itis further ORDERED, Al4JUDGED 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 itis further . . ORDERED, ADJUDGED AND DECREED, that the Defendants in thisaction and all persons claiming through them and any person obtammg an interest in the property after the filing of the Notice of Pendency are barred aDd foreclosed of allright, claiing lien, and title, interest in the property afterthe sale of the mortgaged property; and itis further · ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and executing the proper conveyance to the purchaser, unless the time isextended by the court, . the officer making the sále shall filewith the clerk a report un er oath.of the disposition of the proceeds of the sale in.accordance with RPAPL § 1355(1) and follow alllocal County rules - regarding of Surplus Monies; and itisfurther.. handling ORDERED, ADJUDGED AND DECREED, that ifthe 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 attorneysshall elect to make such application; and itis further ORDERED, ADJUDGED AND DECREED, that Plaintiff shall serve a copy of this Judgment with Notice ofEntry upon the owner of the equity of redemption, any tenants named in thisaction, and any other parties or persons. entitled to service, inc;luding the Referee . 8 h 8 of 11 9 of 12 FILED: DUTCHESS COUNTY CLERK 09/06/2022 12:51 PM INDEX NO. 2021-51452 2 2 FILED NYSCEF DOC.: DUTCHESS NO. 128 COUNTY CLERK 09/01/20E:56 RECEIVED NYSCEF: 09/06/2022 NYSCEF DÒC. NO. 12 6 RECEIVED NYSCEF: 09/01/202 2 appointed herein; and itis further · A JUDGED AND DECREED, that nothing herein shall be deeñ1ed to ORDERED, relieve Plaintiffof obligation imposed RPAPL § 1307 and RPAPL §1308 to-secure and any by maintain the untilsuch time as of the property has been transferred and the property ownei·ship deed duly recorded; and itis further ADJUDGED AND DECREED, that,when the Referee filesa report of sale, ORDERED, shall filea Foreclosure Actions Surplus Monies Form; and itis further he or she concurrently ADJUDGED AND DECREED, that to ensure compliance herewith,. QRDERED, with the Court within six months from the date of entry of this Plaintiffshall file a written report Judgment syhether the sale has occurred and the outcome thereof. stating Said is known as Homan Road, Stanfordville, New York 12581. property commonly description of the mortgaged referred to herein isannexed hereto as The legal property Schedule "A". . E N T E R: Dated: August 3O , 2022 Poughkeepsie, NY . . on. Marif . Rosa Justice of the Supreme Court . . 9 9 of 11 10 of 12 FILED: (FILED NYSCEF NYSCEF , DOC. . , DUTCHESS : DOC. DUTCHESS NO. NO. 128 126 COUNTY COUNTY CLERK CLERK 09/06/2022 09/01/20E1: 12:51 56 C PM RECEIVED RECEIVED INDEX 1dl" NO. d° NYSCEF: NYSCEF: ' 2021-51452 2 09/06/2022 09/01/ 022 Schedule A Description TitleNumber RPATS-6390 e 1 Pag 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 leading from highway westerly - Route 82 near McIntryre, at the junction of walls, being the corner northwesterly of lands of John D. & Geo. M. Russell; thence along the wall and lands of Russell south 8 degrees 29 minutes 42 seconds west 702.18 feet to a comer 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 comer of walls; thence along a wall the lineof 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 1070.8 feet to a corner with a fence; thence along a fence north 81 degrees 28 minutes 30 seconds west 310.57 feet; thence still along 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.