Preview
FILED: RICHMOND COUNTY CLERK 06/25/2018 INDEX NO. 135422/2017
At an IAS04:23
Term, PMpryof
Paft the Supreme Court of the
NYSCEF DOC. NO. 42 State of New York, held in
RECEIVEDand NYSCEF:
for the 06/25/2018
County of
Richmond, at the Courthouse located at 26 Central
ORIGINAL Avenue, Staten Island, NY 10301 on the fu{day of
PRESENT: %-,2ots.
Hon,
)
ffiA.Green
; i
MASTER
ilff ;,il#t;:u;?
PARTICIPATION TRUST
;,iffi;; ;il ffi; Index No. 13542212017
Plaintiff.
-against- ORDERAPPOINTING
REFEREE TO COMPUTE
JOYCE HANSEN; KATHLEEN FIANSEN NK/A Property Address:
KATHLEEN WALL HANSEN NWA KATHLEEN M. 34T LITTLE CLOVE ROAD
HANSEN; ROY HANSEN A/I?A ROY E. HANSEN; STA|EN ISLAND. NY 10310
NEW YORK CITY TRANSIT ADJUDICATION
BUREAU; NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD; NEW YORK CITY PARKING it
VIOLATIONS BUREAU; NEW YORK STAIE (b/
DEPARTMENT OF TAXATION & FINANCE; ''JOHN
DOES" and "JANE DOES", said names being fictitious,
parties intended being possible tenants or occupants of
premises and corporations, other entities or persons who
have, claim, or may claim, a lien against, or other interest in,
the premises,
Defendant(s),
Upon reading and filing of the Notice of Motion dated December 27, 2017; the Affirmation of
Molly L. Bayliss, Esq., of Rosicki, Rosicki & Associates, P.C., dated December 27,2017; the affrdavit of
Kolette Modlin, swom to on December 12,2017; with exhibits annexed including a copy of the Summons and
Complaint, and Notice of Pendency, filed in the Offrce of the Clerk of the County of Richmond, on June 30,
2017; and on the affrdavits of service thereon upon several defendants herein, all duly frled; and it appearing to
the satisfaction of this Court from the aforesaid documents that this action was brought to foreclose a mortgage
on real property situated in the County in which this Court is located that the entire unpaid balance secured
thereby is due and owing; and that the Summons and Complaint was duly served upon all defendants and that
the time prescribed by law to answer has expired, the same not being extended, and that all of the defendants
herein have defaulted in pleading, or have appeared and waived notice of this application; and no answer or
notice of motion raising an objection to the Complaint herein has been served, and it appearing that none of the
defendants herein is an infant, incompetent or absentee; and that all parties herein have received notice of the
application herein pursuant to CPLR $ 32i5; and that a notice of pendency of this action was filed within 20
1 of 3
FILED: RICHMOND INDEX NO. 135422/2017
days prior hereto, and COUNTY
that since theCLERK
filing of06/25/2018
said notice, 04:23 and
the Summons PMComplaint herein have not been
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/25/2018
amended by adding new parties to the action, or so as to affect premises not described in said notice, or so as to
extend the'claim of the Plaintiff against the mortgage premises, and on all the pleadings and papers heretofore
filed herein, and the proceedings heretofore had herein; enu N ch4'{-- i appearing in
opposition hereto, and after due deliberation,
NOW, on motion of ROSICKI, ROSICKI & ASSOCIATES, P.C., attorney for Plaintifl it is
ORDERED, that the motion is hereby granted; and it is further
ORDERED, that Plaintiffbe awarded default judgment against all defendants; and it is further
ORDERED, that this action be and the same is hereby refened to
'l.iwta"l-lu'(
z(^ ,
rl4, o\ Do-n"-ru-,^t , Esq. Having an office at
zoa
Sta.trtu id-a'n-d, r'Y /o So? to ascertain and compute the amount
due to Plaintiff, herein, for principal, interest, water and sewer rentals, insurance premiums, taxeso if any, and
any other charged, except attorney's fees, and to examine and report whether the mortgaged premises should be
sold in one parcel, and that the Referee make his report to this Court with all convenient speed; and it is further
ORDERED, that Plaintiff shall serve a copy of this order upon Referee, together with the Referee's
compensation in the sum of $250.00 pursuant to CPLR $ 8003(a); and it is further
ORDERED, that the Plaintiff has complied with the requirements of CPLR $ 3408; Plaintiff may
proceed with the action herein; and it is further
ORDERED, that the caption be amended by striking therefrom the names of 'JOHN DOES' and 'JANE
DOES,' such names being fictitious; and all papers and proceedings heretofore filed herein shall be deemed
amended accordingly; and it is further
SPACE INTENTIONALLY LEFT BI-ANK
2 of 3
FILED: RICHMONDthat COUNTY INDEX NO. 135422/2017
ORDERED, the captionCLERK
as amended06/25/2018 04:23
shall read as follows: PM
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/25/2018
SUPREME COURT OF THE STAfE OF NEW YORK
COTINTY OF zuCHMOND
------------i _______x
u.s. BANK TRUST, N.A., AS TRUSTEE FoR LSF9 Index No. 135422120t7
MASTER PARTICIPATION TRUST
' Plaintiff.
-against-
JOYCE HANSEN; KATHLEEN HANSEN NK/A
KATHLEEN WALL HANSEN NWA KATHLEEN M.
HANSEN; ROY HANSEN A/K7A ROY E. HANSEN;
NEW YORK CITY TRANSIT ADJUDICATION
BUREAU; NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD; NEW YORK CITY PARKING
VIOLATIONS BUREAU; NEW YORK STATE
DEPARTMENT OF TAXATION & FINANCE
_..___._?_:::iTf),
and it is further
ORDERED that by accepting this appointment, the Referee certifies that she/he is in compliance with
Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including, but not limited to Section 36.2(c)
("Disqualification from Appointment") and Section 36.2(d) ("Limitations on Appointments Based on
Compensation"); and it is further
ORDERED, that on the filing of the Referee's Report and Oath, and the confirmation thereof Plaintiff
have final judgment of foreclosure and sale.
ENTER
733^tq
--,i$q
HON. DESMOND GREEN
JSC
3 of 3
Preview
FILED: RICHMOND COUNTY CLERK 06/25/2018 INDEX NO. 135422/2017 At an IAS04:23 Term, PMpryof Paft the Supreme Court of the NYSCEF DOC. NO. 42 State of New York, held in RECEIVEDand NYSCEF: for the 06/25/2018 County of Richmond, at the Courthouse located at 26 Central ORIGINAL Avenue, Staten Island, NY 10301 on the fu{day of PRESENT: %-,2ots. Hon, ) ffiA.Green ; i MASTER ilff ;,il#t;:u;? PARTICIPATION TRUST ;,iffi;; ;il ffi; Index No. 13542212017 Plaintiff. -against- ORDERAPPOINTING REFEREE TO COMPUTE JOYCE HANSEN; KATHLEEN FIANSEN NK/A Property Address: KATHLEEN WALL HANSEN NWA KATHLEEN M. 34T LITTLE CLOVE ROAD HANSEN; ROY HANSEN A/I?A ROY E. HANSEN; STA|EN ISLAND. NY 10310 NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY PARKING it VIOLATIONS BUREAU; NEW YORK STAIE (b/ DEPARTMENT OF TAXATION & FINANCE; ''JOHN DOES" and "JANE DOES", said names being fictitious, parties intended being possible tenants or occupants of premises and corporations, other entities or persons who have, claim, or may claim, a lien against, or other interest in, the premises, Defendant(s), Upon reading and filing of the Notice of Motion dated December 27, 2017; the Affirmation of Molly L. Bayliss, Esq., of Rosicki, Rosicki & Associates, P.C., dated December 27,2017; the affrdavit of Kolette Modlin, swom to on December 12,2017; with exhibits annexed including a copy of the Summons and Complaint, and Notice of Pendency, filed in the Offrce of the Clerk of the County of Richmond, on June 30, 2017; and on the affrdavits of service thereon upon several defendants herein, all duly frled; and it appearing to the satisfaction of this Court from the aforesaid documents that this action was brought to foreclose a mortgage on real property situated in the County in which this Court is located that the entire unpaid balance secured thereby is due and owing; and that the Summons and Complaint was duly served upon all defendants and that the time prescribed by law to answer has expired, the same not being extended, and that all of the defendants herein have defaulted in pleading, or have appeared and waived notice of this application; and no answer or notice of motion raising an objection to the Complaint herein has been served, and it appearing that none of the defendants herein is an infant, incompetent or absentee; and that all parties herein have received notice of the application herein pursuant to CPLR $ 32i5; and that a notice of pendency of this action was filed within 20 1 of 3 FILED: RICHMOND INDEX NO. 135422/2017 days prior hereto, and COUNTY that since theCLERK filing of06/25/2018 said notice, 04:23 and the Summons PMComplaint herein have not been NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/25/2018 amended by adding new parties to the action, or so as to affect premises not described in said notice, or so as to extend the'claim of the Plaintiff against the mortgage premises, and on all the pleadings and papers heretofore filed herein, and the proceedings heretofore had herein; enu N ch4'{-- i appearing in opposition hereto, and after due deliberation, NOW, on motion of ROSICKI, ROSICKI & ASSOCIATES, P.C., attorney for Plaintifl it is ORDERED, that the motion is hereby granted; and it is further ORDERED, that Plaintiffbe awarded default judgment against all defendants; and it is further ORDERED, that this action be and the same is hereby refened to 'l.iwta"l-lu'( z(^ , rl4, o\ Do-n"-ru-,^t , Esq. Having an office at zoa Sta.trtu id-a'n-d, r'Y /o So? to ascertain and compute the amount due to Plaintiff, herein, for principal, interest, water and sewer rentals, insurance premiums, taxeso if any, and any other charged, except attorney's fees, and to examine and report whether the mortgaged premises should be sold in one parcel, and that the Referee make his report to this Court with all convenient speed; and it is further ORDERED, that Plaintiff shall serve a copy of this order upon Referee, together with the Referee's compensation in the sum of $250.00 pursuant to CPLR $ 8003(a); and it is further ORDERED, that the Plaintiff has complied with the requirements of CPLR $ 3408; Plaintiff may proceed with the action herein; and it is further ORDERED, that the caption be amended by striking therefrom the names of 'JOHN DOES' and 'JANE DOES,' such names being fictitious; and all papers and proceedings heretofore filed herein shall be deemed amended accordingly; and it is further SPACE INTENTIONALLY LEFT BI-ANK 2 of 3 FILED: RICHMONDthat COUNTY INDEX NO. 135422/2017 ORDERED, the captionCLERK as amended06/25/2018 04:23 shall read as follows: PM NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 06/25/2018 SUPREME COURT OF THE STAfE OF NEW YORK COTINTY OF zuCHMOND ------------i _______x u.s. BANK TRUST, N.A., AS TRUSTEE FoR LSF9 Index No. 135422120t7 MASTER PARTICIPATION TRUST ' Plaintiff. -against- JOYCE HANSEN; KATHLEEN HANSEN NK/A KATHLEEN WALL HANSEN NWA KATHLEEN M. HANSEN; ROY HANSEN A/K7A ROY E. HANSEN; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE _..___._?_:::iTf), and it is further ORDERED that by accepting this appointment, the Referee certifies that she/he is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including, but not limited to Section 36.2(c) ("Disqualification from Appointment") and Section 36.2(d) ("Limitations on Appointments Based on Compensation"); and it is further ORDERED, that on the filing of the Referee's Report and Oath, and the confirmation thereof Plaintiff have final judgment of foreclosure and sale. ENTER 733^tq --,i$q HON. DESMOND GREEN JSC 3 of 3