Preview
FILED: RICHMOND COUNTY CLERK 04/06/2022 03:47 PM INDEX NO. 135504/2018
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 04/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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AJX MORTGAGE TRUST II, A DELAWARE TRUST, Index No. 135504/2018
WILMINGTON SAVINGS FUND SOCIETY, FSB,
TRUSTEE,
Plaintiff, NOTICE OF ENTRY
-against-
ROBERT M. CIMMINO AKA ROBERT CIMMINO;
CATHY CIMMINO AKA CATHY A. CIMMINO;
BOARD OF DIRECTORS OF WOLCOTT AVENUE
HOMEOWNERS ASSOCIATION INC.; WOLCOTT
AVENUE HOA INC.; NEW YORK CITY
DEPARTMENT OF FINANCE PARKING
VIOLATIONS BUREAU; PAUL CARMEL,
Defendants
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COUNSEL:
PLEASE TAKE NOTICE that the within is a true copy of an ORDER GRANTING
MOTION FOR SUMMARY/DEFAULT JUDGMENT AND APPOINTMENT OF A
REFEREE TO COMPUTE signed by Hon. Desmond A. Green, J.S.C. and duly entered in the
Richmond County Clerk's Office on March 31, 2022.
Dated: April 5, 2022
New York, New York
/s/Andrew Buonincontri________
Andrew Buonincontri, Esq.
Friedman Vartolo LLP
Attorneys for Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, New York 11530
(P) 212.471.5100
TO:
Thomas M. Tillona, Esq.
Attorney for Defendant Cathy Cimmino A/K/A Cathy A. Cimmino
VIA NYSCEF
Firm File Number: 181070-2
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Marguerite A. Fiore, Esq.
Attorney for Defendant Board of Directors of Wolcott Avenue Homeowners Association Inc.
VIA NYSCEF
Robert M. Cimmino A/K/A Robert Cimmino
84 Wolcott Avenue
Staten Island, NY 10312
Paul Carmel
84 Wolcott Avenue
Staten Island, NY 10312
Graig C. Martin, Esq.
274 Watchogue Road
Staten Island, NY 10314
Firm File Number: 181070-2
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At IAS PartS of the Supreme Court
of the State of New York, held in and
for the County of Richmond, at the
Courthouse thereof, located at
Richmond County Supreme Court, 26
Central Avenue, Staten Island, New
York 10301, on
MAR 2 3 2022 ,2019
SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF RICHMOND
X
AJX MORTGAGE TRUST II, A DELAWARE TRUST, Index No. 135504/2018
WILMINGTON SAVINGS FUND SOCIETY, FSB,
TRUSTEE, ORDER GRANTING
MOTION FOR
Plaintiff, SUMMARY/DEFAULT
-against- JUDGMENT AND
APPOINTMENT OF A
ROBERT M. CIMMINO A/IUA ROBERT CIMMINO; REFEREE TO
CATHY CIMMINO A/K/A CATHY A. CIMMINO; COMPUTE
BOARD OF DIRECTORS OF WOLCOTT AVENUE
HOMEOWNERS ASSOCIATION INC.; WOLCOTT Mortgaged Premises:
AVENUE HOA INC.; NEW YORK CITY 84 Wolcott Avenue
DEPARTMENT OF FINANCE, PARKING Staten Island, New York 10312
VIOLATIONS BUREAU; "JOHN DOE" AND "JANE
DOE", said names being fictitious, it being the intention of Block: 5658
Plaintiff to designate any and all occupants of premises Lot: 169
being foreclosed herein,
Defendants.
X
On the Summons, Complaint, Notice of Pendency, and Certificate of Merit Pursuant to
CPLR 3012-B in this action, filed in the Richmond County Clerk's Office, the Notice of Motion
dated August 15, 2019, the Affirmation of Jonathan A. Bartlett, Esq., of Friedman Vartolo LLP,
dated August 15, 2019, and the affidavits in support from which it appears that this action was
brought to foreclose a mortgage on real property known as 84 Wolcott Avenue, Staten Island, New
York 10312, by reason of certain defaults as alleged in the Complaint of this action, and on all the
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pleadings and papers heretofore filed herein, and the proceedings had herein, and after due
deliberation,
NOW, on motion of Friedman Vartolo LLP, the attorneys for Plaintiff, it is
ORDERED, that Plaintiffs Motion for Summary/Default Judgment and Appointment of
a Referee to Compute is granted in all respects; and it is further
ORDERED, that the affirmative defenses and counterclaims in the Answer of Defendant,
Cathy Cimmino a/k/a Cathy A. Cimmino, are hereby stricken and dismissed; and it iS further
ORDERED, that Defendant's Answer is limited to a notice of appearance and waiver of
all papers and notices of all proceedings in said action except a copy of Referee's Oath and Report
of Amount Due, a copy of the Judgment of Foreclosure and Sale, Notice of Entry of Judgment,
Notice of Sale, Referee's Report of Sale, and Notice of Proceedings to Obtain Surplus Monies;
and it is further
ORDERED, that the caption should be amended by substituting "JOHN DOE AND JANE
DOE" with "PAUL CARMEL"; and it is further
(Continued on the following page)
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ORDERED, that the caption of this action, as amended, shall read as follows:
SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF RICHMOND
X
AJX MORTGAGE TRUST H, A DELAWARE TRUST, Index No. 135504/2018
WILMINGTON SAVINGS FUND SOCIETY, FSB,
TRUSTEE,
-against-
ROBERT M. CIMMINO ARC/A ROBERT CIMMINO;
CATHY CIMMINO A/IC/A CATHY A. CIMMINO;
BOARD OF DIRECTORS OF WOLCOTT AVENUE
HOMEOWNERS ASSOCIATION INC.; WOLCOTT
AVENUE HOA INC.; NEW YORK CITY
DEPARTMENT OF FINANCE, PARKING
VIOLATIONS BUREAU; PAUL CARMEL,
Defendants.
X
; and it is further
ORDERED, that this action be, and the same is hereby referred to Gra t M a- r n-
4-4 ni 49,-4 c., I-. OO1. C cj
Esq., with an address of 5Z as
C 7 D —7 9 7
Referee to ascertain and compute the amount due except as to attorney's fees upon the Bond/Note
and Mortgage upon which this action was brought and to examine and report whether or not the
Mortgaged Premises as further described in the Complaint should be sold in one parcel, and that
the Referee make his/her report no later than 60 days after the date of this Order and that except
for good cause shown, Plaintiff shall move for judgment to this Court with all convenient speed;
and it is further
ORDERED, that, if required, said Referee take testimony pursuant to RPAPL 1321; and
it is further
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ORDERED, 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) ("Disqualification from appointment") and 36.2(d) ("Limitations on
appointments based on compensation"); and it is further
ORDERED, that a default judgment in favor of Plaintiff and against all of the non-
answering defendants is granted as to all of the facts and issues described in Plaintiff's Complaint
herein; and it is further
ORDERED, that a copy of this Order with Notice of Entry shall be served upon the owner
of the equity redemption, any tenants named in this action, and any other party entitled to notice;
and it is further
ERED, that pursuant to CPLR 8003(a) tutory fee of $50.00) (in the discretion
of the court, a fee • , shall be paid to the Referee for e computation stage and upon
the filing of his/her report; it is further
ORDERED, that the Referee appointed herein is subject to the requirements of Rule
36.2(c) of the Chief Judge and, if the referee is disqualified from receiving an appointment
pursuant to the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith;
and it is further
ORDERED, that the Referee is prohibited from accepting or retaining any funds for
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, that Plaintiff shall include in the documentation provided to the Referee
pursuant to RPAPL 1321 the following: (1) an accounting of all credits to and charges against the
account of the subject mortgage for a period of two years, which may be produced in the form in
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NYSCEF DOC. NO. 81
82 RECEIVED NYSCEF: 03/31/2022
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which it is maintained in the regular course of business, or a copy of any accounting meeting these
requirements that has been provided to the mortgagor within the five month period prior to this
action; and (2) an affidavit by an officer, employee or agent of Plaintiff attesting to ownership of
the subject note and the mortgage securing the note, which shall establish the chain of title from
the inception of the loan date to present date; the report of the Referee shall include a representation
that Plaintiff has complied with these requirements; reasons for failure to provide the information
required, or deficiencies or discrepancies in the information provided, must be noted in the
Referee's report; and it is further
ORDERED, that on the filing of the Referee's Oath and Report, and confirmation thereof,
Plaintiff shall have Final Judgment of Foreclosure and Sale.
ORDERED, that plaintiff shall serve a copy of
Dated: MAR 2 3 2022 this order upon the referee, together with the
referee's compensation in the sum of $250.00
ENTER: 7 pursuant to CPLR 8003(a).
HON.
0
Hon. Desmond A. Green
G rcxt
ORDERED, that P-1 r ,iappointed Referee to Compute shall
provide Plaintiff with a fully executed report by Si ra /1.7 and it Is further
ORDERED, that Plaintiff shall move for an Order confirming the Referee's report and
gran ng a J cignient of Foreclosure and Sale, or another sp,:iropriate remedy returable on
ying with all notice requirements contained In the CPLR; and It Is
further
. 0 •
ORDEP.7"). VIM Plaintiff's failure to move in accordance with this Order may result In
this action being oismissed for failure to prosecute; and it is further • ,
ORDERED. that the language contained in this stamp supersedes any Inconsistent
pravitizns contained in -tnis Order.
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Preview
FILED: RICHMOND COUNTY CLERK 04/06/2022 03:47 PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 04/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ----------------------------------------------------------------------------x AJX MORTGAGE TRUST II, A DELAWARE TRUST, Index No. 135504/2018 WILMINGTON SAVINGS FUND SOCIETY, FSB, TRUSTEE, Plaintiff, NOTICE OF ENTRY -against- ROBERT M. CIMMINO AKA ROBERT CIMMINO; CATHY CIMMINO AKA CATHY A. CIMMINO; BOARD OF DIRECTORS OF WOLCOTT AVENUE HOMEOWNERS ASSOCIATION INC.; WOLCOTT AVENUE HOA INC.; NEW YORK CITY DEPARTMENT OF FINANCE PARKING VIOLATIONS BUREAU; PAUL CARMEL, Defendants ----------------------------------------------------------------------------x COUNSEL: PLEASE TAKE NOTICE that the within is a true copy of an ORDER GRANTING MOTION FOR SUMMARY/DEFAULT JUDGMENT AND APPOINTMENT OF A REFEREE TO COMPUTE signed by Hon. Desmond A. Green, J.S.C. and duly entered in the Richmond County Clerk's Office on March 31, 2022. Dated: April 5, 2022 New York, New York /s/Andrew Buonincontri________ Andrew Buonincontri, Esq. Friedman Vartolo LLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, New York 11530 (P) 212.471.5100 TO: Thomas M. Tillona, Esq. Attorney for Defendant Cathy Cimmino A/K/A Cathy A. Cimmino VIA NYSCEF Firm File Number: 181070-2 1 of 7 FILED: RICHMOND COUNTY CLERK 04/06/2022 03:47 PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 04/06/2022 Marguerite A. Fiore, Esq. Attorney for Defendant Board of Directors of Wolcott Avenue Homeowners Association Inc. VIA NYSCEF Robert M. Cimmino A/K/A Robert Cimmino 84 Wolcott Avenue Staten Island, NY 10312 Paul Carmel 84 Wolcott Avenue Staten Island, NY 10312 Graig C. Martin, Esq. 274 Watchogue Road Staten Island, NY 10314 Firm File Number: 181070-2 2 of 7 FILED: RICHMOND COUNTY CLERK 03/31/2022 04/06/2022 11:28 03:47 AM PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 81 82 RECEIVED NYSCEF: 03/31/2022 04/06/2022 At IAS PartS of the Supreme Court of the State of New York, held in and for the County of Richmond, at the Courthouse thereof, located at Richmond County Supreme Court, 26 Central Avenue, Staten Island, New York 10301, on MAR 2 3 2022 ,2019 SUPREME COURT THE STATE OF NEW YORK: COUNTY OF RICHMOND X AJX MORTGAGE TRUST II, A DELAWARE TRUST, Index No. 135504/2018 WILMINGTON SAVINGS FUND SOCIETY, FSB, TRUSTEE, ORDER GRANTING MOTION FOR Plaintiff, SUMMARY/DEFAULT -against- JUDGMENT AND APPOINTMENT OF A ROBERT M. CIMMINO A/IUA ROBERT CIMMINO; REFEREE TO CATHY CIMMINO A/K/A CATHY A. CIMMINO; COMPUTE BOARD OF DIRECTORS OF WOLCOTT AVENUE HOMEOWNERS ASSOCIATION INC.; WOLCOTT Mortgaged Premises: AVENUE HOA INC.; NEW YORK CITY 84 Wolcott Avenue DEPARTMENT OF FINANCE, PARKING Staten Island, New York 10312 VIOLATIONS BUREAU; "JOHN DOE" AND "JANE DOE", said names being fictitious, it being the intention of Block: 5658 Plaintiff to designate any and all occupants of premises Lot: 169 being foreclosed herein, Defendants. X On the Summons, Complaint, Notice of Pendency, and Certificate of Merit Pursuant to CPLR 3012-B in this action, filed in the Richmond County Clerk's Office, the Notice of Motion dated August 15, 2019, the Affirmation of Jonathan A. Bartlett, Esq., of Friedman Vartolo LLP, dated August 15, 2019, and the affidavits in support from which it appears that this action was brought to foreclose a mortgage on real property known as 84 Wolcott Avenue, Staten Island, New York 10312, by reason of certain defaults as alleged in the Complaint of this action, and on all the 1 3 of 5 7 FILED: RICHMOND COUNTY CLERK 03/31/2022 04/06/2022 11:28 03:47 AM PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 81 82 RECEIVED NYSCEF: 03/31/2022 04/06/2022 pleadings and papers heretofore filed herein, and the proceedings had herein, and after due deliberation, NOW, on motion of Friedman Vartolo LLP, the attorneys for Plaintiff, it is ORDERED, that Plaintiffs Motion for Summary/Default Judgment and Appointment of a Referee to Compute is granted in all respects; and it is further ORDERED, that the affirmative defenses and counterclaims in the Answer of Defendant, Cathy Cimmino a/k/a Cathy A. Cimmino, are hereby stricken and dismissed; and it iS further ORDERED, that Defendant's Answer is limited to a notice of appearance and waiver of all papers and notices of all proceedings in said action except a copy of Referee's Oath and Report of Amount Due, a copy of the Judgment of Foreclosure and Sale, Notice of Entry of Judgment, Notice of Sale, Referee's Report of Sale, and Notice of Proceedings to Obtain Surplus Monies; and it is further ORDERED, that the caption should be amended by substituting "JOHN DOE AND JANE DOE" with "PAUL CARMEL"; and it is further (Continued on the following page) 2 4 of 5 7 FILED: RICHMOND COUNTY CLERK 03/31/2022 04/06/2022 11:28 03:47 AM PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 81 82 RECEIVED NYSCEF: 03/31/2022 04/06/2022 ORDERED, that the caption of this action, as amended, shall read as follows: SUPREME COURT THE STATE OF NEW YORK: COUNTY OF RICHMOND X AJX MORTGAGE TRUST H, A DELAWARE TRUST, Index No. 135504/2018 WILMINGTON SAVINGS FUND SOCIETY, FSB, TRUSTEE, -against- ROBERT M. CIMMINO ARC/A ROBERT CIMMINO; CATHY CIMMINO A/IC/A CATHY A. CIMMINO; BOARD OF DIRECTORS OF WOLCOTT AVENUE HOMEOWNERS ASSOCIATION INC.; WOLCOTT AVENUE HOA INC.; NEW YORK CITY DEPARTMENT OF FINANCE, PARKING VIOLATIONS BUREAU; PAUL CARMEL, Defendants. X ; and it is further ORDERED, that this action be, and the same is hereby referred to Gra t M a- r n- 4-4 ni 49,-4 c., I-. OO1. C cj Esq., with an address of 5Z as C 7 D —7 9 7 Referee to ascertain and compute the amount due except as to attorney's fees upon the Bond/Note and Mortgage upon which this action was brought and to examine and report whether or not the Mortgaged Premises as further described in the Complaint should be sold in one parcel, and that the Referee make his/her report no later than 60 days after the date of this Order and that except for good cause shown, Plaintiff shall move for judgment to this Court with all convenient speed; and it is further ORDERED, that, if required, said Referee take testimony pursuant to RPAPL 1321; and it is further 3 5 of 5 7 FILED: RICHMOND COUNTY CLERK 03/31/2022 04/06/2022 11:28 03:47 AM PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 81 82 RECEIVED NYSCEF: 03/31/2022 04/06/2022 ORDERED, 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) ("Disqualification from appointment") and 36.2(d) ("Limitations on appointments based on compensation"); and it is further ORDERED, that a default judgment in favor of Plaintiff and against all of the non- answering defendants is granted as to all of the facts and issues described in Plaintiff's Complaint herein; and it is further ORDERED, that a copy of this Order with Notice of Entry shall be served upon the owner of the equity redemption, any tenants named in this action, and any other party entitled to notice; and it is further ERED, that pursuant to CPLR 8003(a) tutory fee of $50.00) (in the discretion of the court, a fee • , shall be paid to the Referee for e computation stage and upon the filing of his/her report; it is further ORDERED, that the Referee appointed herein is subject to the requirements of Rule 36.2(c) of the Chief Judge and, if the referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith; and it is further ORDERED, that the Referee is prohibited from accepting or retaining any funds for 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, that Plaintiff shall include in the documentation provided to the Referee pursuant to RPAPL 1321 the following: (1) an accounting of all credits to and charges against the account of the subject mortgage for a period of two years, which may be produced in the form in 4 6 of 5 7 FILED: RICHMOND COUNTY CLERK 03/31/2022 04/06/2022 11:28 03:47 AM PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 81 82 RECEIVED NYSCEF: 03/31/2022 04/06/2022 which it is maintained in the regular course of business, or a copy of any accounting meeting these requirements that has been provided to the mortgagor within the five month period prior to this action; and (2) an affidavit by an officer, employee or agent of Plaintiff attesting to ownership of the subject note and the mortgage securing the note, which shall establish the chain of title from the inception of the loan date to present date; the report of the Referee shall include a representation that Plaintiff has complied with these requirements; reasons for failure to provide the information required, or deficiencies or discrepancies in the information provided, must be noted in the Referee's report; and it is further ORDERED, that on the filing of the Referee's Oath and Report, and confirmation thereof, Plaintiff shall have Final Judgment of Foreclosure and Sale. ORDERED, that plaintiff shall serve a copy of Dated: MAR 2 3 2022 this order upon the referee, together with the referee's compensation in the sum of $250.00 ENTER: 7 pursuant to CPLR 8003(a). HON. 0 Hon. Desmond A. Green G rcxt ORDERED, that P-1 r ,iappointed Referee to Compute shall provide Plaintiff with a fully executed report by Si ra /1.7 and it Is further ORDERED, that Plaintiff shall move for an Order confirming the Referee's report and gran ng a J cignient of Foreclosure and Sale, or another sp,:iropriate remedy returable on ying with all notice requirements contained In the CPLR; and It Is further . 0 • ORDEP.7"). VIM Plaintiff's failure to move in accordance with this Order may result In this action being oismissed for failure to prosecute; and it is further • , ORDERED. that the language contained in this stamp supersedes any Inconsistent pravitizns contained in -tnis Order. 5 7 of 5 7