On March 12, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
U.S. Bank National Association As Trustee For Mastr Asset Backed Securities Trust 2006-Wmc3 Mortgage Pass-Through Certificates Series 2006-Wmc3,
and
Gulna Bila,
Hamed Bila,
Haro Bila,
Jane Islam,
John Doe #1 Through John Doe #12,
The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises, Described In The Complaint,
Mohammed S. Islam
A K A Mohammed Islam,
Munish Bila,
New York City Environmental Control Board,
New York City Parking Violations Bureau,
New York State Department Of Taxation And Finance,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/09/2019
EXHIBIT N
FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018
FILED : QUEENS COUNTY CLERK 06/17/2019 03: 38 INDEX NO. 703763/2018
NYSCEF DOC. NO. 78 PM| RECEIVED NYSCEF: 09/09/2019
NYSCEF DOC. NO. 56
RECEIVED NYSCEF: 06/17/2019
AtlAS of the Supreme Court of
the State ofNew York, held in and for
SEQUENCENO. the County of QUEENS at the
Courthouse thereof, 88-1 I Sutphin
Bly . Jamaica, NY 11435 on the
day of (/m g,- ,
2011.
onorable WN% Wsh
, J.S.C.
-----.........-.-....-----..---------------------------------X Index No.: 703763/2018
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE
FOR MASTR ASSET BACKED SECURITIES TRUST ORDER GRANTING
2006-WMC3 MORTGAGE PASS-THROUGH SUMMARY JUDGMENTe
CERTlFICATES SERIES 2006-WMC3, DEFAULT JUDGMENT
AND APPOINTING
REFEREETO COMPUTE
Plaintiff,
vs.
remises:
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; . 10638 156TH STREET
NEW YORK STATE DEPARTMENTOF TAXATION JAMAICA, NY 11433
AND F1NANCE; NEW YORK CITY PARKING
VIOLATIONS BUREAU,
#1" #12,"
"JOHN DOE through "JOHN DOE the lasttwelve
names being fictitious and unknown to plaintiff,the persons
plLED
or parties intended being the tenants, occupants, persons or
corporations, ifany, having or claiming an interest in or lien JUN
17 20s
upon the premises, described in the complaint,
Defendants. NTy
Cleg
NS
---..-..-...-.------..-----..--...----.--.------.--..-X COugyy
Upon reading and filing of the Attorney Affirmation of Tracy Staraso!er Esq. dated
October 22, 2018 the Affidavit of CYNTHIA MAdsworn on October 03, 2018 the exhibits
annexed thereto, and upon the pleadings pr-vicusly had herein, and it appearing that the
Defendants having been d uly served with the Sunuuvas and Complaint, and that allthe Defendants
herein have defaulted in pleading, or served a notice of appcarance, and no Answer or Motion
having been directed to the sufficiency of the Complaint has been interposed by any of the
Defendants and their time to do so has expired, with the exception of the Answer filed by
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FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018
FILED : QUEENS COUNTY CLERK 06/17/2019 03:38 INDEX NO. 7037 63/2018
NYSCEF DOC. NO. 78 PM) RECEIVED NYSCEF: 09/09/2019
NYSCEF DOd. NO. 56
RECEIVED NYSCEF: 06/17/2019
Defendant Bon·ower and current owner, MOHAMMED S. ISLAM A/K/A MOHAMMED
ISLAM; and
Further, itappearing that the Complaint has not been amended in any manner whatsoever;
and
Further, it appearing that none of the Defendants herein is an infant, incompetent or
absentee;
Further, upon motion by RAS Boriskin, LLC, itsattorneys for Plaintiff itis
Ordered, that Plaintiff is awarded = judgment granting th'erelief sought in the
Complaint; and itis further
Ordered, that the Answer interposed by Defendant Borrower and current owner,
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM, is hereby stricken from the record and--
s ce; and itis further
Ordered, that pursuant to CPLR §3215 that the Plaintiff be granted a Default Judgment
for the relief‡¶(fand the Compiaint against the remMning defcadants; and itis further
.Î..- . Ordered, that this action be and the same is hereby referred to
. telephone number
Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and
other disbursements advanced as provided for inthe Note and Mortgage, excluding attorneys'.fees,
upon which thisacti n as brought, to examine and report whether or not the Martgaged premises
can be sold in parcels, and that the Referee make his/her report to the Court with allconvenient
speed; and itis further
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FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018
NFILED
NYSCEF DOC.
NYSCEF
:
NO.
DOC.
QUEENS
78
NO. 56
COUNTY CLERK 06/17/2019 03:38 M RECEIVED INDEX
NYSCEF: NO. 703763/2018
09/09/2019
RECEIVED NYSCEF: 06/17/2019
"JANE"
Ordered, thatthe caption be amended by sübsbuting ISLAM, HAMED BILA,
#1"
OULNA BILA, HARO BILA and MUNISH BILA for "JOHN DOE through "JOHN DOE
#5" #6" #12,"
and by striking "JOHN DOE through "JOHN DOE allwithout prejudice to the
proceedings heretofore had herein; and itis further,
Ordered, that the caption as amended shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------------------------------------------------------------X INDEX NO. 703763/2018
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE
FOR MASTR ASSET BACKED SECURITIES TRUST
2006-WMC3 MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-WMC3, Premises:
Plaintiff, 10638 156TH STREET
vs. JAMAICA, NY 11433
MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM;
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; NEW YORK CITY PARKING
"JANE"
VIOLATIONS BUREAU; ISLAM; HAMED BILA;
GULNA BILA; HARO BILA; MUNISH BILA,
Defendants.
..-----------...-----------------...-------------------------------X
and itis further
Ordered, that the referee's camputation may be had in any county of the State of New
York; and itisfurther
Ordered that, pursuant to CPLR § 8003(a) 4t-3½. fee 6 $350.gshall be
A.), . paid to the Referee for the computations stage and upon filing of his/her report; and itis further
Ordered that the Referee is prohibited from accepting or returning any funds for
him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and itis further
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FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018
INDEX NO. 703763/2018
NYSCEF[FILED
DOC. : QUEENS
NO. 78 COUNTY CLERK 06/17/2019 03:38 Ph$ RECEIVED NYSCEF: 09/09/2019
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 06/17/2019
that this appointment the referee certifies that he/she is in
Ordered, by secepting
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), ir,cluding, but not
section ("Disqualifications from appointment"), and section 36,2(d)
limited to, 36.2(c)
("Limitati.ons on appointments based on compensation"); and itis turther
that this motion be and the same is granted, and that Plaintiff isawarded
Ordered, hereby
.1üdgincat for the relief demanded in the Complaint.
Summary
E N T E R:
fQ 3 S. .
FILED
JUN
N C
17-122516 - VaG
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Preview
FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/09/2019 EXHIBIT N FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 FILED : QUEENS COUNTY CLERK 06/17/2019 03: 38 INDEX NO. 703763/2018 NYSCEF DOC. NO. 78 PM| RECEIVED NYSCEF: 09/09/2019 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 06/17/2019 AtlAS of the Supreme Court of the State ofNew York, held in and for SEQUENCENO. the County of QUEENS at the Courthouse thereof, 88-1 I Sutphin Bly . Jamaica, NY 11435 on the day of (/m g,- , 2011. onorable WN% Wsh , J.S.C. -----.........-.-....-----..---------------------------------X Index No.: 703763/2018 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST ORDER GRANTING 2006-WMC3 MORTGAGE PASS-THROUGH SUMMARY JUDGMENTe CERTlFICATES SERIES 2006-WMC3, DEFAULT JUDGMENT AND APPOINTING REFEREETO COMPUTE Plaintiff, vs. remises: MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; . 10638 156TH STREET NEW YORK STATE DEPARTMENTOF TAXATION JAMAICA, NY 11433 AND F1NANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU, #1" #12," "JOHN DOE through "JOHN DOE the lasttwelve names being fictitious and unknown to plaintiff,the persons plLED or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien JUN 17 20s upon the premises, described in the complaint, Defendants. NTy Cleg NS ---..-..-...-.------..-----..--...----.--.------.--..-X COugyy Upon reading and filing of the Attorney Affirmation of Tracy Staraso!er Esq. dated October 22, 2018 the Affidavit of CYNTHIA MAdsworn on October 03, 2018 the exhibits annexed thereto, and upon the pleadings pr-vicusly had herein, and it appearing that the Defendants having been d uly served with the Sunuuvas and Complaint, and that allthe Defendants herein have defaulted in pleading, or served a notice of appcarance, and no Answer or Motion having been directed to the sufficiency of the Complaint has been interposed by any of the Defendants and their time to do so has expired, with the exception of the Answer filed by lillE!!!!!!!ll!!!!!!!!!!!!!!!!!!!!!!!!! lilli lillilliii¡iiiilliiill!!!!!!!!"!!!!ll ll!!!! lifilllfflill 17-122516 - VaG 1 of 4 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 FILED : QUEENS COUNTY CLERK 06/17/2019 03:38 INDEX NO. 7037 63/2018 NYSCEF DOC. NO. 78 PM) RECEIVED NYSCEF: 09/09/2019 NYSCEF DOd. NO. 56 RECEIVED NYSCEF: 06/17/2019 Defendant Bon·ower and current owner, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; and Further, itappearing that the Complaint has not been amended in any manner whatsoever; and Further, it appearing that none of the Defendants herein is an infant, incompetent or absentee; Further, upon motion by RAS Boriskin, LLC, itsattorneys for Plaintiff itis Ordered, that Plaintiff is awarded = judgment granting th'erelief sought in the Complaint; and itis further Ordered, that the Answer interposed by Defendant Borrower and current owner, MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM, is hereby stricken from the record and-- s ce; and itis further Ordered, that pursuant to CPLR §3215 that the Plaintiff be granted a Default Judgment for the relief‡¶(fand the Compiaint against the remMning defcadants; and itis further .Î..- . Ordered, that this action be and the same is hereby referred to . telephone number Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and other disbursements advanced as provided for inthe Note and Mortgage, excluding attorneys'.fees, upon which thisacti n as brought, to examine and report whether or not the Martgaged premises can be sold in parcels, and that the Referee make his/her report to the Court with allconvenient speed; and itis further 17-122516 - VaG 2 of 4 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NFILED NYSCEF DOC. NYSCEF : NO. DOC. QUEENS 78 NO. 56 COUNTY CLERK 06/17/2019 03:38 M RECEIVED INDEX NYSCEF: NO. 703763/2018 09/09/2019 RECEIVED NYSCEF: 06/17/2019 "JANE" Ordered, thatthe caption be amended by sübsbuting ISLAM, HAMED BILA, #1" OULNA BILA, HARO BILA and MUNISH BILA for "JOHN DOE through "JOHN DOE #5" #6" #12," and by striking "JOHN DOE through "JOHN DOE allwithout prejudice to the proceedings heretofore had herein; and itis further, Ordered, that the caption as amended shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------X INDEX NO. 703763/2018 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-WMC3, Premises: Plaintiff, 10638 156TH STREET vs. JAMAICA, NY 11433 MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING "JANE" VIOLATIONS BUREAU; ISLAM; HAMED BILA; GULNA BILA; HARO BILA; MUNISH BILA, Defendants. ..-----------...-----------------...-------------------------------X and itis further Ordered, that the referee's camputation may be had in any county of the State of New York; and itisfurther Ordered that, pursuant to CPLR § 8003(a) 4t-3½. fee 6 $350.gshall be A.), . paid to the Referee for the computations stage and upon filing of his/her report; and itis further Ordered that the Referee is prohibited from accepting or returning any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and itis further 17-122516 - VaO 3 of 4 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 INDEX NO. 703763/2018 NYSCEF[FILED DOC. : QUEENS NO. 78 COUNTY CLERK 06/17/2019 03:38 Ph$ RECEIVED NYSCEF: 09/09/2019 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 06/17/2019 that this appointment the referee certifies that he/she is in Ordered, by secepting compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), ir,cluding, but not section ("Disqualifications from appointment"), and section 36,2(d) limited to, 36.2(c) ("Limitati.ons on appointments based on compensation"); and itis turther that this motion be and the same is granted, and that Plaintiff isawarded Ordered, hereby .1üdgincat for the relief demanded in the Complaint. Summary E N T E R: fQ 3 S. . FILED JUN N C 17-122516 - VaG 4 of 4