Preview
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
------------------------------X INDEX NO.: EKl2017001406
KEYBANK, NATIONAL ASSOCIATION
SUCCESSOR BY MERGER WITH FIRST
NIAGARA BANK, N.A.
Plaintiff(s), ATTORNEY AFFIRMATION IN
SUPPORT OF PLAINTI F F'S
MOTION FOR A DEFAULT
JUDGMENT AND ORDER OF
REFERENCE
AMY L. MORRISON AS EXECUTRIX OF
THE ESTATE OF JANET M. WARNER A/K/A
JANET MARILYN WARNER, f ALLISON M. FUTCH
AS POSSIBLE HEIR AND DISTRIBUTEE OF THE
ESTATE OF JANET M. WARNER A/K/A JANET MORTGAGES PROPERTY:
MARILYN WARNER, MOLLY J. MATHIS AS 604 Big Tree Sugar
POSSIBLE HEIR AND DISTRIBUTEE OF THE Grove Road,
ESTATE OF JANET M. WARNER A/K/A JANET Jamestown, NY 14701
MARILYN WARNER, BRUCE W. BARKER AS
POSSIBLE HEIR AND DISTRIBUTEE OF THE
ESTATE OF JANET M. WARNER A/K/A JANET COUNTY: CHAUTAQUA
MARILYN WARNER, ELIZABETH A. BARKER SBL#: 436; 1; 41
AS POSSIBLE HEIR AND DISTRIBUTEE OF
THE ESTATE OF JANET M. WARNER A/K/A
JANET MARILYN WARNER, ROBERT A. LYON
AS POSSIBLE HEIR AND DISTRIBUTEE OF
THE ESTATE OF JANET M. WARNER A/K/A
JANET MARILYN WARNER, UNITED STATES
OF AMERICA (WESTERN DISTRICT), PEOPLE
OF THE STATE OF NEW YORK, f MARINE
MIDLAND BANK, N.A., CHRYSLER FINANCIAL
SERVICES AMERICAS LLC F/K/A DAIMLER
CHRYSLER FINANCIAL SERVICES AMERICAS
LLC, SOUTHERN CHAUTAUQUA FEDERAL
CREDIT UNION,
Defendant(s). .
-----------------------------------X
Quies Sakhizada, pursuant to CPLR 2106 and under the penalties of
perjury, affirms as follows:
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
1. I am an attorney at law and an associate with Stagg, Terenzi,
Confusione & Wabnik, 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. True and accurate copies of the following supporting documents
are attached hereto:
Document Tab
Affirmation pursuant to Admin Order 431/11 or Exhibit A
Certificate of Merit
Note Exhibit B
Mortgage Exhibit C
Assigmments Exhibit D
Notice of Default Exhibit E
RPAPL 51304 90 Day Notice Exhibit F
Department of Defense Search results Exhibit G
Summons and Complaint Exhibit H
Notice of Pendency Exhibit I
Affidavits of Service Exhibit J
Affidavit of Service by Mail pursuant to CPLR Exhibit K
3215(g) (3) (iii)
Affidavit of Merit and Amount Due Exhibit L
Affirmation of Regularity Exhibit M
Legalback No.2 - filed contemporaneous with this motion
Proposed Order of Reference
3. All personal non-public information has been redacted from the
attached supporting documents. This residential mortgage foreclosure action
was commenced by filing the summons and complaint in the CHAUTAUQUA County
Clerk's office on October 31, 2017 in the County where the mortgaged
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
property is located. The action was brought to foreclose a residential
mortgage pursuant to a Ultra Flex Home Equity Line of Credit Account
Agreement dated November 20, 2012, made by Robert Warner and Janet M. Warner
and delivered to FIRST NIAGARA BANK, N.A., and a Ultra Flex Home Equity Line
of Credit Account Mortgage dated November 20, 2012, made by Robert James
Warner and Janet Marilyn Warner and delivered to FIRST NIAGARA BANK, N.A.,
which mortgage was recorded in the office of the Clerk of the County of
CHAUTAUQUA on the 4th day of January, 2013 in Instrument #: MT2013001046.
4. On October 31, 2017, Plaintiff filed a notice of pendency in
accordance with RPAPL 5 1331 and CPLR Article 65, a copy of which is
attached hereto as exhibit "I".
5. The summons, complaint and notice of pendency are in the form
prescribed by statute and contain all the particulars required by law. The
summons complies with the requirements of RPAPL 5 1320, contains the
required notice in boldface type and is in the format required by statute.
According to the affidavit of service, the summons was served together with
the complaint. Copies of the summons, complaint, notice of pendency and
affidavits of service are attached hereto as Exhibits "H", "I", and "J".
6. On October 31, 2017, Plaintiff was holder of the subject note.
See Affidavit of Wilhelmina Huff Assistant Vice President to KeyBank,
National Association, attached hereto as Exhibit A.
7. The Certificate of Merit required pursuant to CPLR 3012-b was
filed together with supporting documents and is attached hereto as Exhibit
A.
â€
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
8. Pursuant to CPLR 3408 the court held a mandatory settlement
conference in this action.
b. Plaintiff attended a settlement conference on February 21, 2018
but the defendant mortgagors failed to appear and the case was
released from the settlement conference part;
9. Defendant(s) were served with the notice required by RPAPL 5
1303 printed on colored paper together with the summons and complaint
printed on white paper. The RPAPL 5 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 5 1303 notice was delivered to the
mortgagors on its own separate page, together with the summons and
complaint. Defendant(s) were timely served with the 90-Day Pre-Foreclosure
notice required by RPAPL 5 1304. Plaintiff filed the name, address and
telephone number of the Defendant(s), the amount claimed to be due, and the
type of loan at issue with the superintendent of banks within three business
days of the mailing of the 90-day Pre-Foreclosure notice as required by
RPAPL 5 1306. Copies of these notices and affidavits of service are attached
"F"
hereto as Exhibits and "J".
10. Plaintiff served an additional copy of the summons in compliance
with CPLR 3215(g) (3). The affidavit of service by mail is attached hereto as
Exhibit K.
#1" #20"
11. Defendants captioned as "John Doe through "John Doe are
not necessary parties. Accordingly, the defendants captioned as "John Doe
#1" #20"
through "John Doe were not served with copies of the summons and
¹1" ¹20"
complaint. Plaintiff requests that "John Doe through "John Doe
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
defendants be excised from the caption of the action without prejudice to
any of the proceedings herein.
12 . The following defendant(s) did not answer or appear and their
time to answer has expired: AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF
JANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE
HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN
WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF
JANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS PÖSSIBLE HEIR
AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER,
ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET
M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND
DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER,
PEOPLE OF THE STATE OF NEW YORK, ~ MARINE MIDLAND BANK, ~ N.A., CHRYSLER
FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES
AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION,. . Accordingly, these
defendants are in default.
13. An order resulting from an exparte application is not appealable
under CPLR5701 (a) (2), and no notice of entry is required.
14. No defendant is an infant. No defendant is in the armed services
of the United States of America. Upon information and belief, no defendant
is incompetent. The following defendants were served out of state: ALLISON
M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER
A/K/A JANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE
OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER.
15. Plaintiff has not made any previous motion for this or like
relief.
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
16. Therefore, it is respectfully requested that the Court grant
Plaintiffs motion for a Default Judgment and Order of Reference in
accordance with RPAPL 51321 and award such other and further relief as the
Court may deem just and proper.
WHEREFORE, Plaintiff requests an order from this Court:
A. Appointing a referee to compute the amount due
Plaintiff and to examine whether the mortgaged
property known as 604 Big Tree Sugar Grove
Rd., Jamestown, NY 14701 can be sold in parcels, and
make his/her computation and report with all
convenient speed pursuant to RPAPL §1321;
#1" #20"
B. Removing "John Doe through "John Doe as a
party Defendant to this action
C. Determining all non-appearing and non-answering
Defendants to be in default;
D. Granting such additional relief as the Court may deem
just and proper.
The undersigned affirms that the foregoing statements are true, under
the penalties of perjury.
DATED: April 19, 2018
Nassau, New York -- -.-
Quies Sakhizada
Quies Sakhizada, 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/her knowledge, information and belief, formed after
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
an inquiry reasonable under the circumstances, the presentation of this
pleading, affidavit (or motion if applicable), and the contentions contained
herein are not frivolous as defined by 22 NYCRR 1 30-1.1(c). .
Quies Sakhizada
â€
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
ATTORNEY'S AFFIRMATION
The undersigned, Quies Sakhizada, Esq., pursuant to CPLR 2106 and
under penalties of perjury affirms as follows:
That he is the attorney of record for Plaintiff in the above-captioned
action, that the foregoing disbursements have been incurred in this action
and are reasonable in amount, and that the copies of documents or papers
charged for herein were actually and necessarily obtained.
CHAUTAUQUA, New York
DATED: April 19, 2018
Nassau, New York
ies Sakhizada, Esq.
Stagg, Terenzi, Confusione &
Wabnik, LLP
Attorneys for Plaintiff KEYBANK,
NATIONAL ASSOCIATION SUCCESSOR BY
MERGER WITH FIRST NIAGARA BANK,
N.A.
401 Franklin Avenue, Suite 300
Garden City, New York 11530
(516) 812 45
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018
Index No. EK2017001406
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
KEYBANK, N.A.
Plaintiff,
-against-
THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER , ET AL.,
Defendants.
ORDER OF REFERENCE
STAGG, TERENZI, CONFUSIONE &
i~e WABNIK, LLP
ATTORNEYS for PLAINTIFF
Office& Post Office
Address
401 FRANKLIN AVENUE
SUITE 300
GA ITY,NEW YORK 11530
( 6) 812-4500
/ FACSIMI NO. (516)812-4600
/
Sig ature(Rule 130-1.1a)
QUIES SAKHIZADA
Servicea copy of the is herebyadmitted
Dated,
Attorney(s)for .....................................
Please takenotice
NOTICE OF ENTRY
thatthe withinis a (certified)
truecopy of a duly enteredin the office of the within
of the clerk named courton
NOTICE OF SETTLEMENT
Othat an order of whichthe withinis a true
copy will
be presentedfor to the HON.
settlement one of the judgesof the
withinCourt,at
Dated,
Yours,etc.
STAGG, TERENZI, CONFUSIONE & WABNIK, LLP
ATTORNEY(S) for PLAINTIFF
Office& Post Office
Address
401 FRANKLIN AVENUE
SUITE 300
GARDEN CITY, NEW YORK 11530
(516)812-4500
FACSIMILE NO. (516)812-4600
To
Attorney(s)for
Preview
FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA ------------------------------X INDEX NO.: EKl2017001406 KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A. Plaintiff(s), ATTORNEY AFFIRMATION IN SUPPORT OF PLAINTI F F'S MOTION FOR A DEFAULT JUDGMENT AND ORDER OF REFERENCE AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, f ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MORTGAGES PROPERTY: MARILYN WARNER, MOLLY J. MATHIS AS 604 Big Tree Sugar POSSIBLE HEIR AND DISTRIBUTEE OF THE Grove Road, ESTATE OF JANET M. WARNER A/K/A JANET Jamestown, NY 14701 MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET COUNTY: CHAUTAQUA MARILYN WARNER, ELIZABETH A. BARKER SBL#: 436; 1; 41 AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, UNITED STATES OF AMERICA (WESTERN DISTRICT), PEOPLE OF THE STATE OF NEW YORK, f MARINE MIDLAND BANK, N.A., CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION, Defendant(s). . -----------------------------------X Quies Sakhizada, pursuant to CPLR 2106 and under the penalties of perjury, affirms as follows: FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 1. I am an attorney at law and an associate with Stagg, Terenzi, Confusione & Wabnik, 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. True and accurate copies of the following supporting documents are attached hereto: Document Tab Affirmation pursuant to Admin Order 431/11 or Exhibit A Certificate of Merit Note Exhibit B Mortgage Exhibit C Assigmments Exhibit D Notice of Default Exhibit E RPAPL 51304 90 Day Notice Exhibit F Department of Defense Search results Exhibit G Summons and Complaint Exhibit H Notice of Pendency Exhibit I Affidavits of Service Exhibit J Affidavit of Service by Mail pursuant to CPLR Exhibit K 3215(g) (3) (iii) Affidavit of Merit and Amount Due Exhibit L Affirmation of Regularity Exhibit M Legalback No.2 - filed contemporaneous with this motion Proposed Order of Reference 3. All personal non-public information has been redacted from the attached supporting documents. This residential mortgage foreclosure action was commenced by filing the summons and complaint in the CHAUTAUQUA County Clerk's office on October 31, 2017 in the County where the mortgaged FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 property is located. The action was brought to foreclose a residential mortgage pursuant to a Ultra Flex Home Equity Line of Credit Account Agreement dated November 20, 2012, made by Robert Warner and Janet M. Warner and delivered to FIRST NIAGARA BANK, N.A., and a Ultra Flex Home Equity Line of Credit Account Mortgage dated November 20, 2012, made by Robert James Warner and Janet Marilyn Warner and delivered to FIRST NIAGARA BANK, N.A., which mortgage was recorded in the office of the Clerk of the County of CHAUTAUQUA on the 4th day of January, 2013 in Instrument #: MT2013001046. 4. On October 31, 2017, Plaintiff filed a notice of pendency in accordance with RPAPL 5 1331 and CPLR Article 65, a copy of which is attached hereto as exhibit "I". 5. The summons, complaint and notice of pendency are in the form prescribed by statute and contain all the particulars required by law. The summons complies with the requirements of RPAPL 5 1320, contains the required notice in boldface type and is in the format required by statute. According to the affidavit of service, the summons was served together with the complaint. Copies of the summons, complaint, notice of pendency and affidavits of service are attached hereto as Exhibits "H", "I", and "J". 6. On October 31, 2017, Plaintiff was holder of the subject note. See Affidavit of Wilhelmina Huff Assistant Vice President to KeyBank, National Association, attached hereto as Exhibit A. 7. The Certificate of Merit required pursuant to CPLR 3012-b was filed together with supporting documents and is attached hereto as Exhibit A. †FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 8. Pursuant to CPLR 3408 the court held a mandatory settlement conference in this action. b. Plaintiff attended a settlement conference on February 21, 2018 but the defendant mortgagors failed to appear and the case was released from the settlement conference part; 9. Defendant(s) were served with the notice required by RPAPL 5 1303 printed on colored paper together with the summons and complaint printed on white paper. The RPAPL 5 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 5 1303 notice was delivered to the mortgagors on its own separate page, together with the summons and complaint. Defendant(s) were timely served with the 90-Day Pre-Foreclosure notice required by RPAPL 5 1304. Plaintiff filed the name, address and telephone number of the Defendant(s), the amount claimed to be due, and the type of loan at issue with the superintendent of banks within three business days of the mailing of the 90-day Pre-Foreclosure notice as required by RPAPL 5 1306. Copies of these notices and affidavits of service are attached "F" hereto as Exhibits and "J". 10. Plaintiff served an additional copy of the summons in compliance with CPLR 3215(g) (3). The affidavit of service by mail is attached hereto as Exhibit K. #1" #20" 11. Defendants captioned as "John Doe through "John Doe are not necessary parties. Accordingly, the defendants captioned as "John Doe #1" #20" through "John Doe were not served with copies of the summons and ¹1" ¹20" complaint. Plaintiff requests that "John Doe through "John Doe FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 defendants be excised from the caption of the action without prejudice to any of the proceedings herein. 12 . The following defendant(s) did not answer or appear and their time to answer has expired: AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS PÖSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, PEOPLE OF THE STATE OF NEW YORK, ~ MARINE MIDLAND BANK, ~ N.A., CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION,. . Accordingly, these defendants are in default. 13. An order resulting from an exparte application is not appealable under CPLR5701 (a) (2), and no notice of entry is required. 14. No defendant is an infant. No defendant is in the armed services of the United States of America. Upon information and belief, no defendant is incompetent. The following defendants were served out of state: ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER. 15. Plaintiff has not made any previous motion for this or like relief. FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 16. Therefore, it is respectfully requested that the Court grant Plaintiffs motion for a Default Judgment and Order of Reference in accordance with RPAPL 51321 and award such other and further relief as the Court may deem just and proper. WHEREFORE, Plaintiff requests an order from this Court: A. Appointing a referee to compute the amount due Plaintiff and to examine whether the mortgaged property known as 604 Big Tree Sugar Grove Rd., Jamestown, NY 14701 can be sold in parcels, and make his/her computation and report with all convenient speed pursuant to RPAPL §1321; #1" #20" B. Removing "John Doe through "John Doe as a party Defendant to this action C. Determining all non-appearing and non-answering Defendants to be in default; D. Granting such additional relief as the Court may deem just and proper. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. DATED: April 19, 2018 Nassau, New York -- -.- Quies Sakhizada Quies Sakhizada, 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/her knowledge, information and belief, formed after FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 an inquiry reasonable under the circumstances, the presentation of this pleading, affidavit (or motion if applicable), and the contentions contained herein are not frivolous as defined by 22 NYCRR 1 30-1.1(c). . Quies Sakhizada †FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 ATTORNEY'S AFFIRMATION The undersigned, Quies Sakhizada, Esq., pursuant to CPLR 2106 and under penalties of perjury affirms as follows: That he is the attorney of record for Plaintiff in the above-captioned action, that the foregoing disbursements have been incurred in this action and are reasonable in amount, and that the copies of documents or papers charged for herein were actually and necessarily obtained. CHAUTAUQUA, New York DATED: April 19, 2018 Nassau, New York ies Sakhizada, Esq. Stagg, Terenzi, Confusione & Wabnik, LLP Attorneys for Plaintiff KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A. 401 Franklin Avenue, Suite 300 Garden City, New York 11530 (516) 812 45 FILED: CHAUTAUQUA COUNTY CLERK 04/23/2018 12:59 PM INDEX NO. EK12017001406 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/23/2018 Index No. EK2017001406 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA KEYBANK, N.A. Plaintiff, -against- THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER , ET AL., Defendants. ORDER OF REFERENCE STAGG, TERENZI, CONFUSIONE & i~e WABNIK, LLP ATTORNEYS for PLAINTIFF Office& Post Office Address 401 FRANKLIN AVENUE SUITE 300 GA ITY,NEW YORK 11530 ( 6) 812-4500 / FACSIMI NO. (516)812-4600 / Sig ature(Rule 130-1.1a) QUIES SAKHIZADA Servicea copy of the is herebyadmitted Dated, Attorney(s)for ..................................... Please takenotice NOTICE OF ENTRY thatthe withinis a (certified) truecopy of a duly enteredin the office of the within of the clerk named courton NOTICE OF SETTLEMENT Othat an order of whichthe withinis a true copy will be presentedfor to the HON. settlement one of the judgesof the withinCourt,at Dated, Yours,etc. STAGG, TERENZI, CONFUSIONE & WABNIK, LLP ATTORNEY(S) for PLAINTIFF Office& Post Office Address 401 FRANKLIN AVENUE SUITE 300 GARDEN CITY, NEW YORK 11530 (516)812-4500 FACSIMILE NO. (516)812-4600 To Attorney(s)for