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FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ATTORNEY AFFIRMATION IN
STATE OF NEW YORK MORTGAGE AGENCY, SUPPORT OF PLAINTIFF’S
APPLICATION TO CONFIRM
Plaintiff, REFEREE’S REPORT AND
-against- FOR A JUDGMENT OF
FORECLOSURE AND SALE
SHANEENAH M. BEAU; STATE OF NEW YORK
MORTGAGE AGENCY; JASAUN YOUNG, INDEX NO.: 600025/2019
Defendants. MORTGAGED PROPERTY:
54 MACDONALD STREET
HEMPSTEAD, NY 11550
SBL: 34-408-161&162
Marika D. Dagounis, Esq., pursuant to CPLR § 2106 and under the penalties of perjury, affirms as
follows:
1. I am an attorney at law and an Associate Attorney of Schiller, Knapp, Lefkowitz & Hertzel,
LLP, the attorneys of record for the Plaintiff. I am fully familiar with the facts, court papers
and proceedings of this action based upon a review of the file maintained by my office.
2. This is a foreclosure action. The Plaintiff is moving the court to confirm the Referee's Report
made in accordance with RPAPL § 1321 and for a Judgment of Foreclosure and Sale pursuant
to RPAPL § 1351 that directs the distribution of the proceeds of the sale in accordance with
RPAPL § 1354.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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3. True and accurate copies of the following supporting documents are attached hereto:
Document Tab
Note Exhibit A
Mortgage Exhibit B
Assignment Exhibit C
Notice of Default Exhibit D
RPAPL §1304 90-Day Notice Exhibit E
RPAPL §1303 Notice Exhibit F
RPAPL §1306 Proof of Filing Compliance Exhibit G
Notices of Pendency Exhibit H
Summons and Complaint Exhibit I
Certificate of Merit Exhibit J
Affidavits of Service Exhibit K
Affidavit of Service by Mail in compliance with CPLR §3215(g)(3) Exhibit L
Answer Exhibit M
Affidavit in Support of Motion for Summary Judgment Exhibit N
and Order of Reference
Entered Order of Reference Exhibit O
Notice of Entry of Order of Reference Exhibit P
Referee’s Oath and Report of Amount Due Exhibit Q
Department of Defense Search Results Exhibit R
Attorney Fee Affirmation Exhibit S
Legalback No. 2 - filed contemporaneously with this motion
Costs and Disbursements of Plaintiff with Supporting Invoices
Legalback No. 3 - filed contemporaneously with this motion
Proposed Judgment of Foreclosure and Sale
Legalback No. 4 - filed contemporaneously with this motion
Affidavit of Computation
Legalback No. 5 - filed contemporaneously with this motion
Referee’s Oath and Report
PROCEDURAL HISTORY
4. This residential mortgage foreclosure action was commenced by filing a Summons and
Complaint in the Nassau County Clerk's Office on January 2, 2019, as the mortgaged property
is in Nassau County. This action was brought to foreclose the lien of a mortgage, dated May
5, 2015, executed by defendant Shaneenah M. Beau to Freedom Mortgage Corporation d/b/a
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CHL Mortgage, to secure the sum of $274,753.00, which was recorded in the Office of the
Nassau County Clerk on May 22, 2015, in Liber M40432, at Page 23-36. The mortgage
encumbers real property owned by defendant Shaneenah M. Beau, commonly known as 54
Macdonald Street, Hempstead, NY 11550 as described in the mortgage, a true and accurate
copy of which is attached as Exhibit B.
5. On May 5, 2015, Defendant Shaneenah M. Beau executed and acknowledged the Note at issue
in this foreclosure action for the purpose of securing payment of $274,753.00, a sum which the
defendant covenanted to pay with interest, as described in the Note, attached as Exhibit A.
6. Said Note and Mortgage were assigned to State of New York Mortgage Agency by Assignment
of Mortgage dated May 5, 2015 and recorded in the Nassau County Clerk’s Office on February
29, 2016 in Book/Volume: M41048 at Page 958. A copy of the Assignment of Mortgage is
attached as Exhibit C.
7. The mortgage loan entered default on May 1, 2018. A 30-Day Notice of Default was mailed
to the defendant, Shaneenah M. Beau on June 25, 2018, at the mortgaged premises. Said 30-
Day Notice of Default is attached as Exhibit D.
8. According to the Affidavits of Service in this matter filed in the Nassau County Clerk’s Office,
the Summons was served with the Complaint. All defendants were served with the notice
required by RPAPL §1303 printed on colored paper together with the Summons and Complaint
printed on the white paper. The RPAPL § 1303 notice complies with the requirements of that
statute, with the title in bold, 20-point type and the text in bold, 14-point type. The RPAPL
§1303 notice was delivered to the defendants on its own separate page, together with the
Summons and Complaint. Mortgagor, Shaneenah M. Beau was timely served with the 90-Day
Pre-Foreclosure notice, dated April 16, 2018, as required by RPAPL §1304. Plaintiff filed the
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name, address, and telephone number, if known, of the same defendant, the amount claimed to
be due, and the type of loan at issue with the superintendent of banks within three (3) business
days of the mailing of the 90-day Pre-Foreclosure notice as required by RPAPL § 1306. A
copy of the 90-Day Pre-Foreclosure Notices, RPAPL §1303 Notice, and RPAPL §1306 Proof
of Filing are attached as Exhibits E, F and G.
9. On January 2, 2019, Plaintiff filed a Notice of Pendency in accordance with RPAPL §1331
and CPLR Article 65. On December 29, 2021, Plaintiff re-filed the Notice of Pendency in
accordance with RPAPL §1331 and CPLR Article 65. Copies of the Notices of Pendency are
attached as Exhibit H.
10. On January 2, 2019, the Summons and Complaint was filed with the Nassau County Clerk’s
Office. The complaint demands a judgment foreclosing any right, title, claim, lien, interest, or
equity of redemption of any defendant in the mortgaged property, and the Summons complies
with the requirements of RPAPL §1320. The Summons, Complaint, and Notices of Pendency
are in the form prescribed by statute and contain all the particulars required by law. The
Summons and Complaint are attached as Exhibit I.
11. The Certificate of Merit pursuant to CPLR §3012-b was filed on January 2, 2019, with
supporting documents and is attached hereto as Exhibit J.
12. Each of the defendants was served with the Summons and Complaint, as evidenced by the
copies of the affidavits of service attached as Exhibit K, each of which was filed in the Nassau
County Clerk's Office.
13. Plaintiff served defendant, Shaneenah M. Beau with an additional copy of the Summons in
compliance with CPLR §3215(g)(3). The affidavit of service by mail, attesting to compliance
with CPLR §3215(g)(3), is attached as Exhibit L.
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14. The time for each defendant to appear, answer, or otherwise move with respect to the complaint
has expired and has not been extended by stipulation, order of the Court, or otherwise, and
none of the defendants appeared, answered, or otherwise moved with respect to the complaint,
except Defendant, Shaneenah M. Beau, who answered pro se, that answer having been stricken
by order of the Court. A copy of the Answer is attached as Exhibit M.
15. Pursuant to CPLR 3408, a settlement conference was held before this Court to explore
alternatives to foreclosure with borrower. The parties were unable to resolve the matter, and as
such, the Court released the case from the conference part and permitted the Plaintiff to resume
its foreclosure action.
16. On March 2, 2022, Kimberly Coon, Banking Officer with M&T Bank, Attorney in fact for
State of New York Mortgage Agency, Plaintiff, executed an Affidavit in Support of Motion
for Summary Judgment and Order of Reference, to verify the allegations made in the complaint
and in support of Plaintiff’s motion for a Summary Judgment and Order of Reference. The
Affidavit in Support of Motion for Summary Judgment and Order of reference was submitted
with Plaintiff’s motion for a Summary Judgment and Order of Reference. A copy of the
Affidavit in Support of Summary Judgment and Order of Reference is attached as Exhibit N.
17. Plaintiff then moved for an Order of Reference and Summary Judgment. Plaintiff's motion was
granted by the court with an Order dated May 12, 2022 and entered on May 18, 2022. The
Order of Reference and Summary Judgment deemed the Answer of the Defendant, Shaneenah
M. Beau, including all affirmative defenses asserted in the answer, stricken, and to treat the
stricken answer as a notice of appearance. The Court further deemed non-appearing, non-
answering defendants are in default and appointed John G. Kennedy, Esq. as Referee to
compute the amount due to Plaintiff and to examine and report whether the mortgaged property
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can be sold in parcels. A copy of the Order of Reference and Summary Judgment is attached
hereto as Exhibit O.
18. Plaintiff filed the Notice of Entry of the Order of Reference and Summary Judgment with the
Nassau County Clerk’s Office on May 19, 2022 and mailed the Notice of Entry of the Order
of Reference and Summary Judgment to the appointed referee on the same day. A copy of the
Notice of Entry, and corresponding Affidavit of Mailing, are attached hereto as Exhibit P.
19. On July 1, 2022, the Referee executed the Oath of Referee to Compute, and the Report of
Referee to Compute, which computed the amount due to the Plaintiff to be $359,509.84 as of
June 17, 2022 and determined that the property should be sold as one parcel. The Referee's
Oath and Report are attached hereto as Exhibit Q. Plaintiff is entitled to interest at the note
rate until the Judgment of Foreclosure and Sale is entered and at the statutory default rate
thereafter.
20. In response to the COVID-19 pandemic, the Office of Court Administration issued
Administrative Order 157/20 (AO/157/20), which set forth a conference requirement for all
foreclosure matters prior to proceeding with the action. The Court was required to schedule a
conference to confirm the regularity of the case, assess any COVID-related effects on the
parties, and facilitate resolution on outstanding issues, if any.
21. On November 30, 2020, a conference pursuant to Administrative Order 157/20 were held by
this Court. The matter was marked as held, and Plaintiff was released from COVID
conferences to proceed with the action. Accordingly, Plaintiff has complied with and satisfied
the conference requirements of Administrative Order 157/20.
22. On December 28, 2020, the COVID-19 Emergency Eviction and Foreclosure Prevention Act
of 2020 was enacted and immediately stayed pending residential foreclosure matters for a
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period of at least sixty (60) days, unless the foreclosure matter was exempt and/or not covered
by the Act based on specific carve outs, and also set forth Hardship Declaration requirements.
Administrative Order 341/20 effectuated this stay. This Act was extended and replaced by
Chapter 417 of the New York Laws of 2021 (hereinafter “the Act”) on September 2, 2021 and
Administrative Order 262/21.
23. It respectfully submitted that this action is specifically exempt from the stay, hardship
declaration, and other requirements imposed by Act and Administrative Order 262/21 because
the Plaintiff is a public benefit corporation and the Act does not apply to foreclosures filed by
a NYS corporate governmental agency constituted as a public benefit corporation. (See NY
State Senate Bill S50001 – Part C, Subpart B § 1(b)). Accordingly, Plaintiff is permitted to
proceed with this foreclosure action.
24. Upon information and belief, none of the defendants in this action are infants, are incompetent,
or are in the armed services of the United States of America. A copy of the Affidavit of Non-
Military Status and Department of Defense Search Results are attached as Exhibit R.
25. All proceedings have been regular and in accordance with the law and rules of this Court.
26. No previous motion for a Judgment of Foreclosure and Sale has been made.
PLAINTIFF IS ENTITLED TO A JUDGMENT OF FORECLOSURE AND SALE.
27. In conjunction with the motion for an Order of Reference previously granted by this Court,
Plaintiff established all the required elements for a foreclosure. Plaintiff now requests that the
property be sold pursuant to RPAPL §1351 and that the sale proceeds be distributed in
accordance with RPAPL §1354.
28. RPAPL §1354(2) requires the Referee conducting the sale to pay out of the proceeds all taxes,
assessments, and water rates that are liens upon the property and to redeem the property from
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any sales for unpaid taxes, assessments, or water rates that have not become absolute. At the
time of sale, transfer tax is not a lien upon the property nor is it an expense of sale, as that term
is used in RPAPL §1354(1). Rather, transfer tax is an expense of recording the deed. All
expenses of recording the Referee's Deed, including real property transfer tax should be paid
by the purchaser at the closing and not by the Referee from sale proceeds.
29. Plaintiff is entitled to a Judgment that includes reimbursement for Plaintiff's attorney fees for
this action in accordance with the terms of the note and mortgage. A detailed affirmation
regarding attorney fees is attached hereto as Exhibit S.
30. Plaintiff is also entitled to a Judgment that includes reimbursement for Plaintiff’s costs,
allowances, and disbursements in this matter in accordance with the terms of the note and
mortgage and CPLR Article 83. A detailed statement of Plaintiff’s costs and disbursements
with the supporting invoices was filed contemporaneously with this motion.
31. A proposed Judgment of Foreclosure and Sale has been provided to the court together with this
motion.
WHEREFORE, Plaintiff requests an order from this court:
A. Confirming the Referee's Report;
B. Granting a Judgment of Foreclosure and Sale which appoints a Referee to sell the
property;
C. Directing the distribution of the sale proceeds;
D. Awarding Plaintiff an attorneys' fee of $7,742.50, along with costs and
disbursements in the amount of $3,595.78;
E. Allowing Plaintiff to seek to recover a deficiency judgment against defendants
Robert Phillips in accordance with RPAPL §1371, if permitted by law; and
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F. Such additional relief as this court may deem just and proper.
DATED: August 31, 2022 __________________
Amherst, New York MARIKA D. DAGOUNIS, ESQ.
ATTORNEY'S AFFIRMATION
Marika D. Dagounis, Esq. an attorney at law licensed to practice in the State of New York,
and the attorney for Plaintiff in this action, hereby certifies that, to the best of his knowledge,
information and belief, formed after an inquiry reasonable under the circumstances, the
presentation of this motion and the contentions contained herein are not frivolous as defined by 22
NYCRR 130-1.1(c).
_______________
MARIKA D. DAGOUNIS, ESQ.
CERTIFICATE OF COMPLIANCE
I hereby certify, pursuant to the new Uniform Civil Rules Section 202.8-b, that the total
number of words in the annexed Affirmation of Marika D. Dagounis, Esq., inclusive of headings
and footnotes and exclusive of the caption and signature block, is 2,234 as calculated by the word
processing program used to prepare this document, and this document is therefore in compliance
with the applicable word count limit.
Dated: August 31, 2022 _________________
Amherst, New York MARIKA D. DAGOUNIS, ESQ.
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FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ATTORNEY AFFIRMATION IN STATE OF NEW YORK MORTGAGE AGENCY, SUPPORT OF PLAINTIFF’S APPLICATION TO CONFIRM Plaintiff, REFEREE’S REPORT AND -against- FOR A JUDGMENT OF FORECLOSURE AND SALE SHANEENAH M. BEAU; STATE OF NEW YORK MORTGAGE AGENCY; JASAUN YOUNG, INDEX NO.: 600025/2019 Defendants. MORTGAGED PROPERTY: 54 MACDONALD STREET HEMPSTEAD, NY 11550 SBL: 34-408-161&162 Marika D. Dagounis, Esq., pursuant to CPLR § 2106 and under the penalties of perjury, affirms as follows: 1. I am an attorney at law and an Associate Attorney of Schiller, Knapp, Lefkowitz & Hertzel, LLP, the attorneys of record for the Plaintiff. I am fully familiar with the facts, court papers and proceedings of this action based upon a review of the file maintained by my office. 2. This is a foreclosure action. The Plaintiff is moving the court to confirm the Referee's Report made in accordance with RPAPL § 1321 and for a Judgment of Foreclosure and Sale pursuant to RPAPL § 1351 that directs the distribution of the proceeds of the sale in accordance with RPAPL § 1354. [THIS SPACE INTENTIONALLY LEFT BLANK] 1 of 9 FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 3. True and accurate copies of the following supporting documents are attached hereto: Document Tab Note Exhibit A Mortgage Exhibit B Assignment Exhibit C Notice of Default Exhibit D RPAPL §1304 90-Day Notice Exhibit E RPAPL §1303 Notice Exhibit F RPAPL §1306 Proof of Filing Compliance Exhibit G Notices of Pendency Exhibit H Summons and Complaint Exhibit I Certificate of Merit Exhibit J Affidavits of Service Exhibit K Affidavit of Service by Mail in compliance with CPLR §3215(g)(3) Exhibit L Answer Exhibit M Affidavit in Support of Motion for Summary Judgment Exhibit N and Order of Reference Entered Order of Reference Exhibit O Notice of Entry of Order of Reference Exhibit P Referee’s Oath and Report of Amount Due Exhibit Q Department of Defense Search Results Exhibit R Attorney Fee Affirmation Exhibit S Legalback No. 2 - filed contemporaneously with this motion Costs and Disbursements of Plaintiff with Supporting Invoices Legalback No. 3 - filed contemporaneously with this motion Proposed Judgment of Foreclosure and Sale Legalback No. 4 - filed contemporaneously with this motion Affidavit of Computation Legalback No. 5 - filed contemporaneously with this motion Referee’s Oath and Report PROCEDURAL HISTORY 4. This residential mortgage foreclosure action was commenced by filing a Summons and Complaint in the Nassau County Clerk's Office on January 2, 2019, as the mortgaged property is in Nassau County. This action was brought to foreclose the lien of a mortgage, dated May 5, 2015, executed by defendant Shaneenah M. Beau to Freedom Mortgage Corporation d/b/a 2 of 9 FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 CHL Mortgage, to secure the sum of $274,753.00, which was recorded in the Office of the Nassau County Clerk on May 22, 2015, in Liber M40432, at Page 23-36. The mortgage encumbers real property owned by defendant Shaneenah M. Beau, commonly known as 54 Macdonald Street, Hempstead, NY 11550 as described in the mortgage, a true and accurate copy of which is attached as Exhibit B. 5. On May 5, 2015, Defendant Shaneenah M. Beau executed and acknowledged the Note at issue in this foreclosure action for the purpose of securing payment of $274,753.00, a sum which the defendant covenanted to pay with interest, as described in the Note, attached as Exhibit A. 6. Said Note and Mortgage were assigned to State of New York Mortgage Agency by Assignment of Mortgage dated May 5, 2015 and recorded in the Nassau County Clerk’s Office on February 29, 2016 in Book/Volume: M41048 at Page 958. A copy of the Assignment of Mortgage is attached as Exhibit C. 7. The mortgage loan entered default on May 1, 2018. A 30-Day Notice of Default was mailed to the defendant, Shaneenah M. Beau on June 25, 2018, at the mortgaged premises. Said 30- Day Notice of Default is attached as Exhibit D. 8. According to the Affidavits of Service in this matter filed in the Nassau County Clerk’s Office, the Summons was served with the Complaint. All defendants were served with the notice required by RPAPL §1303 printed on colored paper together with the Summons and Complaint printed on the white paper. The RPAPL § 1303 notice complies with the requirements of that statute, with the title in bold, 20-point type and the text in bold, 14-point type. The RPAPL §1303 notice was delivered to the defendants on its own separate page, together with the Summons and Complaint. Mortgagor, Shaneenah M. Beau was timely served with the 90-Day Pre-Foreclosure notice, dated April 16, 2018, as required by RPAPL §1304. Plaintiff filed the 3 of 9 FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 name, address, and telephone number, if known, of the same defendant, the amount claimed to be due, and the type of loan at issue with the superintendent of banks within three (3) business days of the mailing of the 90-day Pre-Foreclosure notice as required by RPAPL § 1306. A copy of the 90-Day Pre-Foreclosure Notices, RPAPL §1303 Notice, and RPAPL §1306 Proof of Filing are attached as Exhibits E, F and G. 9. On January 2, 2019, Plaintiff filed a Notice of Pendency in accordance with RPAPL §1331 and CPLR Article 65. On December 29, 2021, Plaintiff re-filed the Notice of Pendency in accordance with RPAPL §1331 and CPLR Article 65. Copies of the Notices of Pendency are attached as Exhibit H. 10. On January 2, 2019, the Summons and Complaint was filed with the Nassau County Clerk’s Office. The complaint demands a judgment foreclosing any right, title, claim, lien, interest, or equity of redemption of any defendant in the mortgaged property, and the Summons complies with the requirements of RPAPL §1320. The Summons, Complaint, and Notices of Pendency are in the form prescribed by statute and contain all the particulars required by law. The Summons and Complaint are attached as Exhibit I. 11. The Certificate of Merit pursuant to CPLR §3012-b was filed on January 2, 2019, with supporting documents and is attached hereto as Exhibit J. 12. Each of the defendants was served with the Summons and Complaint, as evidenced by the copies of the affidavits of service attached as Exhibit K, each of which was filed in the Nassau County Clerk's Office. 13. Plaintiff served defendant, Shaneenah M. Beau with an additional copy of the Summons in compliance with CPLR §3215(g)(3). The affidavit of service by mail, attesting to compliance with CPLR §3215(g)(3), is attached as Exhibit L. 4 of 9 FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 14. The time for each defendant to appear, answer, or otherwise move with respect to the complaint has expired and has not been extended by stipulation, order of the Court, or otherwise, and none of the defendants appeared, answered, or otherwise moved with respect to the complaint, except Defendant, Shaneenah M. Beau, who answered pro se, that answer having been stricken by order of the Court. A copy of the Answer is attached as Exhibit M. 15. Pursuant to CPLR 3408, a settlement conference was held before this Court to explore alternatives to foreclosure with borrower. The parties were unable to resolve the matter, and as such, the Court released the case from the conference part and permitted the Plaintiff to resume its foreclosure action. 16. On March 2, 2022, Kimberly Coon, Banking Officer with M&T Bank, Attorney in fact for State of New York Mortgage Agency, Plaintiff, executed an Affidavit in Support of Motion for Summary Judgment and Order of Reference, to verify the allegations made in the complaint and in support of Plaintiff’s motion for a Summary Judgment and Order of Reference. The Affidavit in Support of Motion for Summary Judgment and Order of reference was submitted with Plaintiff’s motion for a Summary Judgment and Order of Reference. A copy of the Affidavit in Support of Summary Judgment and Order of Reference is attached as Exhibit N. 17. Plaintiff then moved for an Order of Reference and Summary Judgment. Plaintiff's motion was granted by the court with an Order dated May 12, 2022 and entered on May 18, 2022. The Order of Reference and Summary Judgment deemed the Answer of the Defendant, Shaneenah M. Beau, including all affirmative defenses asserted in the answer, stricken, and to treat the stricken answer as a notice of appearance. The Court further deemed non-appearing, non- answering defendants are in default and appointed John G. Kennedy, Esq. as Referee to compute the amount due to Plaintiff and to examine and report whether the mortgaged property 5 of 9 FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 can be sold in parcels. A copy of the Order of Reference and Summary Judgment is attached hereto as Exhibit O. 18. Plaintiff filed the Notice of Entry of the Order of Reference and Summary Judgment with the Nassau County Clerk’s Office on May 19, 2022 and mailed the Notice of Entry of the Order of Reference and Summary Judgment to the appointed referee on the same day. A copy of the Notice of Entry, and corresponding Affidavit of Mailing, are attached hereto as Exhibit P. 19. On July 1, 2022, the Referee executed the Oath of Referee to Compute, and the Report of Referee to Compute, which computed the amount due to the Plaintiff to be $359,509.84 as of June 17, 2022 and determined that the property should be sold as one parcel. The Referee's Oath and Report are attached hereto as Exhibit Q. Plaintiff is entitled to interest at the note rate until the Judgment of Foreclosure and Sale is entered and at the statutory default rate thereafter. 20. In response to the COVID-19 pandemic, the Office of Court Administration issued Administrative Order 157/20 (AO/157/20), which set forth a conference requirement for all foreclosure matters prior to proceeding with the action. The Court was required to schedule a conference to confirm the regularity of the case, assess any COVID-related effects on the parties, and facilitate resolution on outstanding issues, if any. 21. On November 30, 2020, a conference pursuant to Administrative Order 157/20 were held by this Court. The matter was marked as held, and Plaintiff was released from COVID conferences to proceed with the action. Accordingly, Plaintiff has complied with and satisfied the conference requirements of Administrative Order 157/20. 22. On December 28, 2020, the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 was enacted and immediately stayed pending residential foreclosure matters for a 6 of 9 FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 period of at least sixty (60) days, unless the foreclosure matter was exempt and/or not covered by the Act based on specific carve outs, and also set forth Hardship Declaration requirements. Administrative Order 341/20 effectuated this stay. This Act was extended and replaced by Chapter 417 of the New York Laws of 2021 (hereinafter “the Act”) on September 2, 2021 and Administrative Order 262/21. 23. It respectfully submitted that this action is specifically exempt from the stay, hardship declaration, and other requirements imposed by Act and Administrative Order 262/21 because the Plaintiff is a public benefit corporation and the Act does not apply to foreclosures filed by a NYS corporate governmental agency constituted as a public benefit corporation. (See NY State Senate Bill S50001 – Part C, Subpart B § 1(b)). Accordingly, Plaintiff is permitted to proceed with this foreclosure action. 24. Upon information and belief, none of the defendants in this action are infants, are incompetent, or are in the armed services of the United States of America. A copy of the Affidavit of Non- Military Status and Department of Defense Search Results are attached as Exhibit R. 25. All proceedings have been regular and in accordance with the law and rules of this Court. 26. No previous motion for a Judgment of Foreclosure and Sale has been made. PLAINTIFF IS ENTITLED TO A JUDGMENT OF FORECLOSURE AND SALE. 27. In conjunction with the motion for an Order of Reference previously granted by this Court, Plaintiff established all the required elements for a foreclosure. Plaintiff now requests that the property be sold pursuant to RPAPL §1351 and that the sale proceeds be distributed in accordance with RPAPL §1354. 28. RPAPL §1354(2) requires the Referee conducting the sale to pay out of the proceeds all taxes, assessments, and water rates that are liens upon the property and to redeem the property from 7 of 9 FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 any sales for unpaid taxes, assessments, or water rates that have not become absolute. At the time of sale, transfer tax is not a lien upon the property nor is it an expense of sale, as that term is used in RPAPL §1354(1). Rather, transfer tax is an expense of recording the deed. All expenses of recording the Referee's Deed, including real property transfer tax should be paid by the purchaser at the closing and not by the Referee from sale proceeds. 29. Plaintiff is entitled to a Judgment that includes reimbursement for Plaintiff's attorney fees for this action in accordance with the terms of the note and mortgage. A detailed affirmation regarding attorney fees is attached hereto as Exhibit S. 30. Plaintiff is also entitled to a Judgment that includes reimbursement for Plaintiff’s costs, allowances, and disbursements in this matter in accordance with the terms of the note and mortgage and CPLR Article 83. A detailed statement of Plaintiff’s costs and disbursements with the supporting invoices was filed contemporaneously with this motion. 31. A proposed Judgment of Foreclosure and Sale has been provided to the court together with this motion. WHEREFORE, Plaintiff requests an order from this court: A. Confirming the Referee's Report; B. Granting a Judgment of Foreclosure and Sale which appoints a Referee to sell the property; C. Directing the distribution of the sale proceeds; D. Awarding Plaintiff an attorneys' fee of $7,742.50, along with costs and disbursements in the amount of $3,595.78; E. Allowing Plaintiff to seek to recover a deficiency judgment against defendants Robert Phillips in accordance with RPAPL §1371, if permitted by law; and 8 of 9 FILED: NASSAU COUNTY CLERK 09/02/2022 10:09 AM INDEX NO. 600025/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 09/02/2022 F. Such additional relief as this court may deem just and proper. DATED: August 31, 2022 __________________ Amherst, New York MARIKA D. DAGOUNIS, ESQ. ATTORNEY'S AFFIRMATION Marika D. Dagounis, Esq. an attorney at law licensed to practice in the State of New York, and the attorney for Plaintiff in this action, hereby certifies that, to the best of his knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this motion and the contentions contained herein are not frivolous as defined by 22 NYCRR 130-1.1(c). _______________ MARIKA D. DAGOUNIS, ESQ. CERTIFICATE OF COMPLIANCE I hereby certify, pursuant to the new Uniform Civil Rules Section 202.8-b, that the total number of words in the annexed Affirmation of Marika D. Dagounis, Esq., inclusive of headings and footnotes and exclusive of the caption and signature block, is 2,234 as calculated by the word processing program used to prepare this document, and this document is therefore in compliance with the applicable word count limit. Dated: August 31, 2022 _________________ Amherst, New York MARIKA D. DAGOUNIS, ESQ. 9 of 9