Preview
At Part of the Supreme Court of the
State of New York, held in and for the
County of DUTCHESS at the Courthouse
thereof, 10 Market Street, 4th Floor
Poughkeepsie, NY 12601, Poughkeepsie,
NY 12601, on the day of
, 201__.
P R E S E N T:
JUSTICE OF THE SUPREME COURT
-----------X
DEUTSCHE BANK NATIONAL TRUST INDEX NO.: 51431/2017
COMPANY, AS TRUSTEE FOR NOVASTAR
MORTGAGE FUNDING TRUST, SERIES 2007-1 ORDER OF REFERENCE AND
NOVASTAR HOME EQUITY LOAN ASSET-
DEFAULT JUDGMENT
BACKED CERTIFICATES, SERIES 2007-1,
Plaintiff(s),
MORTGAGED PROPERTY:
16 SIDNEY LANE
WAPPINGERS FALLS, NY 12590
DIANE SA PSON; UNITED STATES OF
- COUNTY: DUTCHESS
AMERICA INTERNAL REVENUE SERVICE,
Section: 6357
#1" #12," Block: 01
"JOHN DOE through "JOHN DOE the
last twelve names fictitious and unknown to Lot: 311710
being
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
Subject Property described in the Complaint,
Defendant(s).
------ ----------------------------X
UPON reading the Summons, Complaint and Notice of Pendency filed in this action on
the June 15, 2017, the Notice of Motion dated September 12, 2018, the affirmation of Matthew
Ingber, Esq. and the exhibits annexed thereto, and upon the affidavit of merit and amount due by
Daniel Delpesche who is a Contract Management Coordinator of Ocwen Loan Servicing, LLC,
duly sworn to on September 04, 2018; together with the exhibits attached thereto, and all prior
papers filed in this action; and
17-044305 - MaD
UPON proof this action was brought to foreclose a mortgage on real property located at
16 SIDNEY LANE, WAPPINGERS FALLS, NY 12590, in the County of DUTCHESS, State of
New York [Section 6357, Block 01, Lot 311710];
UPON proofthat each of the Defendants herein have been duly served with the Summons
and Complaint in this action and required notices; and
UPON a notice of appearance UNITED STATES OF AMERICA - INTERNAL
by
REVENUE SERVICE;
AND the court having held a mandatory settlement conference pursuant to CPLR §3408
the court held a mandatory settlement conference in this action. Plaintiff attended a settlement
conference on July 24, 2018 but the defendant mortgagor failed to appear and the case was
released from the settlement conference part.
AND it appearing that DIANE SAMPSON's time to answer the complaint has expired;
and
AND it appearing to the satisfaction of this court that this action was brought to foreclose
a mortgage on real property located at 16 SIDNEY LANE, WAPPINGERS FALLS, NY 12590,
in the County of Dutchess, State of New York [Section 6357, Block 01, Lot 311710],
NOW, on motion by RAS Boriskin, LLC, attorney for the Plaintiff, itis hereby
ORDERED that defendant DIANE SAMPSON is deemed to be in default; and it is
further
ORDERED that with an address of
, is hereby
appointed Referee, in accordance with RPAPL §1321, to compute the amount due to Plaintiff
and to examine whether the mortgaged property can be sold in parcels; and itis further
17-044305 - MaD
ORDERED that the Referee make his/her computation and report with all convenient
speed; and it isfurther
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL
§1321; and itis further
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) ("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 that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the
discretion of the court, a fee of $ , shall be paid to the Referee for the
computation of the amount due and upon the filing of his/her report, and the Referee shall not
request or accept additional compensation for the computation unless it has been fixed by the
court in accordance with CPLR 8003(a); and itis further
ORDERED that the Referee is prohibited from accepting or retaining 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 it isfurther
ORDERED that the scope of a referee's duties are defined by the order of reference
(CPLR 4311 & RPAPL 1321) and the referee has no power beyond that which is limited in this
order of reference (Zaslavskaya v. Boyanzhu, 144 AD3d 675, 41 NYS3d 237 (2d Dept 2016)).
In this action, the referee is hereby directed to ascertain the sums due and owing to the plaintiff,
and to determine whether the premises can be sold in parcels. No hearing shall be required as
17-044305 - MaD
the referee is appointed to hear and report, which is a purely ministerial act. Objections, if any,
shall be the subject of applications made directly to the court; and itis further
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all
parties and persons entitled to notice, including the Referee appointed herein.
This constitutes the decision and order of the court.
DATED: ENTER:
J.S.C.
17-044305 - MaD
Preview
At Part of the Supreme Court of the State of New York, held in and for the County of DUTCHESS at the Courthouse thereof, 10 Market Street, 4th Floor Poughkeepsie, NY 12601, Poughkeepsie, NY 12601, on the day of , 201__. P R E S E N T: JUSTICE OF THE SUPREME COURT -----------X DEUTSCHE BANK NATIONAL TRUST INDEX NO.: 51431/2017 COMPANY, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1 ORDER OF REFERENCE AND NOVASTAR HOME EQUITY LOAN ASSET- DEFAULT JUDGMENT BACKED CERTIFICATES, SERIES 2007-1, Plaintiff(s), MORTGAGED PROPERTY: 16 SIDNEY LANE WAPPINGERS FALLS, NY 12590 DIANE SA PSON; UNITED STATES OF - COUNTY: DUTCHESS AMERICA INTERNAL REVENUE SERVICE, Section: 6357 #1" #12," Block: 01 "JOHN DOE through "JOHN DOE the last twelve names fictitious and unknown to Lot: 311710 being 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 Subject Property described in the Complaint, Defendant(s). ------ ----------------------------X UPON reading the Summons, Complaint and Notice of Pendency filed in this action on the June 15, 2017, the Notice of Motion dated September 12, 2018, the affirmation of Matthew Ingber, Esq. and the exhibits annexed thereto, and upon the affidavit of merit and amount due by Daniel Delpesche who is a Contract Management Coordinator of Ocwen Loan Servicing, LLC, duly sworn to on September 04, 2018; together with the exhibits attached thereto, and all prior papers filed in this action; and 17-044305 - MaD UPON proof this action was brought to foreclose a mortgage on real property located at 16 SIDNEY LANE, WAPPINGERS FALLS, NY 12590, in the County of DUTCHESS, State of New York [Section 6357, Block 01, Lot 311710]; UPON proofthat each of the Defendants herein have been duly served with the Summons and Complaint in this action and required notices; and UPON a notice of appearance UNITED STATES OF AMERICA - INTERNAL by REVENUE SERVICE; AND the court having held a mandatory settlement conference pursuant to CPLR §3408 the court held a mandatory settlement conference in this action. Plaintiff attended a settlement conference on July 24, 2018 but the defendant mortgagor failed to appear and the case was released from the settlement conference part. AND it appearing that DIANE SAMPSON's time to answer the complaint has expired; and AND it appearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 16 SIDNEY LANE, WAPPINGERS FALLS, NY 12590, in the County of Dutchess, State of New York [Section 6357, Block 01, Lot 311710], NOW, on motion by RAS Boriskin, LLC, attorney for the Plaintiff, itis hereby ORDERED that defendant DIANE SAMPSON is deemed to be in default; and it is further ORDERED that with an address of , is hereby appointed Referee, in accordance with RPAPL §1321, to compute the amount due to Plaintiff and to examine whether the mortgaged property can be sold in parcels; and itis further 17-044305 - MaD ORDERED that the Referee make his/her computation and report with all convenient speed; and it isfurther ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321; and itis further 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) ("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 that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the discretion of the court, a fee of $ , shall be paid to the Referee for the computation of the amount due and upon the filing of his/her report, and the Referee shall not request or accept additional compensation for the computation unless it has been fixed by the court in accordance with CPLR 8003(a); and itis further ORDERED that the Referee is prohibited from accepting or retaining 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 it isfurther ORDERED that the scope of a referee's duties are defined by the order of reference (CPLR 4311 & RPAPL 1321) and the referee has no power beyond that which is limited in this order of reference (Zaslavskaya v. Boyanzhu, 144 AD3d 675, 41 NYS3d 237 (2d Dept 2016)). In this action, the referee is hereby directed to ascertain the sums due and owing to the plaintiff, and to determine whether the premises can be sold in parcels. No hearing shall be required as 17-044305 - MaD the referee is appointed to hear and report, which is a purely ministerial act. Objections, if any, shall be the subject of applications made directly to the court; and itis further ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein. This constitutes the decision and order of the court. DATED: ENTER: J.S.C. 17-044305 - MaD