Preview
FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018
STATE OF NEW YORK SUPREME COURT
COUNTY OF WESTCHESTER
QUICKEN LOANS INC., Index No.: 52675/2017
Plaintiff,
vs. NOTICE OF ENTRY
LUISA SILES A/K/A LUISA D. SILES A/K/A LUISA DEVITTOR Mortgaged Premises:
SILES A/K/A LUISA DEVITTOR; 3503 Victoria Dr
BOARD OF MANAGERS OF GUARD HILL HOMEOWNERS Mount Kisco, (Town of Mount
ASSOCIATION; Kisco) NY 10549
LLP·
NOVENSTERN, FABRIANI AND GAUDIO, LLP;
NEW YORK STATE TAX COMMISSION;
ERIC SILES;
Defendants.
PLEASE TAKE NOTICE that the Order Granting Summary Judgment in thisaction dated July 16,
2018 - a of which is attached hereto - was entered in the Office of the Clerk of the of
copy duly County
Westchester on July 17, 2018 in favor of Plaintiff and against Defendants.
Dated: July Ú , 2018
Ashley E. n, s .
DAVIDSO F
Attorneys fo P aintiff
28 East Main Street, Suite 1700
Rochester, New York 14614-1990
Tel: (585) 760-8218
TO: Luisa Siles
3503 Victoria Drive
Mount Kisco, New York 10549
Reich Reich & Reich, P.C.
Jeffrey A. Reich, Esq.
235 Main Street,Suite 450
White Plains,New York 10601
Anthony Tirone, Esq.
202 Mamaroneck Ave
White Plains,New York 10601
1 of 9
FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017
NYSCEF DOC.
D: NO.
WE 41 RECEIVED NYSCEF: 07/27/2018
TCHESTER COUNTY CLERK 07 17 2P18 12:P PM INDEx No, 82678/2017
NYSCEF DOC. NO. 40
REC IVED NYSCEF: 07/17/2018
At a Special Term of tbeSupreme Court,
heM in and forthe County of Westchester
at theWestchester County Courthopse,
White Plains,New York on the~day
of AyeiMIRS
'
3 P d/<
Q/t'i/q
Mac. NNIieI' A. Olaeol~ JSC
PRESENT: HON.
J.S.C.
STATE OF NEW YORK SUPREME COURT
I
COUNTY OF WESTCHESTER
QUICKEN LOANS INC. Index No.: S2675/201 7
Plaintiff, ORDER GRANTING
SUMMARY JUDGMENT
-Vs
Foreclosure of;
LUISA SILBS A/K/A LUISA D. SILBS A/K/A LUIS A 3503 Victoria Dr, Mount Kisco,
DEVITTOR SILBS A/K/A LUISA DEVITTOR; NY 10549
BOARD OF MANAGERS OP GUARD HILL HOMHOWNERS
ASSOCIATION; (Section 69.82, Block 5,Lot
'
NOVENSTERN,FABRIANIAhlDGAUDIO,LLP; 1./3503)
NEW YORK STAG% TAX CON MI SSION;
BPJC SILES;
DOS" DOE,"
and "JOHN and "MARY
(Said names being %titious, itbeing the intention of Plaintiff
to
designate any and alloccupants, tenants,persons orcorpor3tions,
ifany, having or claiming an interestin or lienupon the pzemises
being foreclosed herein.)
Defendants.
]
C Plaintiff
having moved thisCourt foran Order pursuant to CPLR ii)3212, 3215 and RPAPL f
. 1321 dirzeting the entzy ofthe summary judgment in favor of Plaintiffand against Defendant, Lafsa
\
Silas, and for such furtherreliefas thisCourt may deem justand proper; snd
I of'
NOW, upon the Notice of Motion and Affirmation of Regularity of James R Adam, Bsq.,
I i
Davidson Fink LLP, attorneys for dated
PIaintifF, Pebzuazy~~~ 20l 8 and upon Plaintiffs AfFidavit in
f
Support of Summary Judgment Motion by Scott Rveiy as Loss Mitigation Ofncer of QUICKEN LOANS
1
i Plaintiff dated December together vriththe exhibits annexed thereto in support
INC., herein, 4,2017,
1 of 7
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FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018
INDEX NO. 52675/2017
FILED : WE S TCHE S TER COUNTY CLERK 07 /17 2018 12 : 0 4 PM|
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 07/17/2018
I
I %'~ tltlA
> ~~7
..J. ~ ~ ~'V. I
and Defendant not submitted response to said and the Motion come to
be heard on _
g~@.
day
having
of V7
-
Jl
any
; and
c~n
0 .~ ~
Motion;
~~,+ ~s + 8<
g <
having
Lars~r 5
LP
and
M
due
Sr
S ' ~~m
~8m
g
deliberation having been had, itis
ORDERED, that themotion isGRANTED; and it is further
ORDERED, that defaultJudgment is GRANTED against allnon Defendants;
answering party
and itis further
ORDERED, that theAnswer of Defendant, Luisa Siles,be stricken and dismissed and the
appearance of such Defendant be limited to a Notice of Appearance
an to
attainewplemoneys; and it is
further
ORDERED, that thisaction be and the same hereby isdiscontinued as againstthe defendants
Doe'
sued herein as 'John and 'Mary Doe', not having been served with copies of theSummons and
Complaint and are not necessary defendants, and that the saiddefendants be stricken out and
pap
f
eliminated from the titleand captior of thisaction accordingly, allwithout prejudice to any of the
proceedings heretofore had or to be had in thisaction;and itis further
BLANK SPACE LEFTINTENTIONALLY
I
I1
I
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FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018
INDEX NO. 52675/2017
FILED : WESTCHESTER COUNTY CLERK 07 /17 / 2 018 12 : 0 4 PM)
RECEIVED NYSCEF: 07/17/2018
NYSCEF DOC. NO. 40
ORDERED, that thecaption shallread as follows:
QUICKEN LOANS INC. IndexNo.: 52675/2017
Plaint','
Plaintiff,
-vs-
LUISA SILES A/K/A LUISA D. SILES A/K/A LUISA .
DEVITTOR SILES A/K/ALUISA DEV1TTOR;
BOARD OF MANAGERS OF GUARD HILL HOMEOWNERS
ASSOCIATION;
NOVENSTERN, FABRIANT AND GAUDIO, LLP;
NEW YORK STATE TAX COMMISSION;
ERIC SILES;
Defendants.
; anditis thither
ORDERED, that this action be and the same hereby is referred to
,A o:ML.-- with an office at
, Esq,
'
40
c20b /Y MMovt 5
. At/f- . /4M / r5 ftsms Q y f o&o/
Phone Number
as Referee to ascertain and compute the amount due the plaintiffin thisaction for principaland interest on
the bond and mortgage sued upon and set forthinthe complaint and for payments made by the plaintifffor
taxes,assessments, water charges, insurance premiums and any otherexpenses thatthe plaintiffhas paid or
may pay in connection with the protection of its security hereunder against the mortgaged premises
including, but not limited to,the costs of preserving or protecting the mortgaged premises, and fees for
other servicesand charges affecting the premises hereindescribed, during the pendency of thisaction and
untilthe closing of with
title purchaser at foreclosure sale,and thatany sums so paid by the plaintiffshall
be added to the sum otherwise due tothe plaintiff, pursuant to the plaintiffs claim herein, and shall be
deemed secured by said bond and mortgage as thereinprovided and adjudged a validlien on the premises
herein described, with interestthereon from the date of each such payment, and to examine and report
whether the mortgaged premises should be sold inone or more parcels; and itis further
The e eree' a fees shall bet
1. 50. 00 upon the report s and
2. $500.00 upon. the sale
3. $250.90
cancelled" on any sale
. *
cancelled leas than
4 of 9
FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018
Z O.
O 52675/2017
FILED: WESTCHESTER COUNTY
COUNT
NYSCEF DOC. NO, 40 RECEIVED NYSCEF: 07/17/2018
~%
P
ORDERED that,ifrequired,the Refuee take pursuant to
testimony RPAPL §1321; and itis further
ORDERED, that the me appointed herein issubject to the of
requirements Rule 36.2(c)of the .
Chief Judge, and if the Referee isdisqualified from an
receiving appointment pursuant to the provisions of
thatRule, the Referee shallnotify the Appointing Judge forthwith; and it is further
ORDERED, that by this
accepting appointment the Referee certifiesthathe/she isin compliance
with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limitedto,section .
36.2(c) ("Disqualifications from appointment" ("
appointment") and section 36.2(d) ("Limitations on appointments based
upon compensation"
compensation"); and it is further
ORDERED that Defendant, Luisa be I
Siles, provided a copy of the Court's Order and the
Referee's Notice of Sale in Foreclosure.
Dated: t
White Plains,New York I
l
l
I
.S.C.
J.S.C.
j.48heosI~AO
cseoos~ JSO
ENTER: IN WESTCHESTER COUNTY
Section: 69.82
Blocle 5
Lot: 1/3503
I
I'
4 of 7
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FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018
INDEX NO. 52675/2017
FILED: WESTCHESTER COUNTY CLERK 07/17/2018 12:04 PM|
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 07/17/201.8
ORDERED that the answer of the defendant, Luisa Siles, be
treated as a limited notice of appearance, those
entitling
defendants to receive, with notice, a copy of the Judgment of
Foreclosure & Sale, Notice of of .the Judgment of Foreclosure
Entry
& Sale, the Notice of Sale, Notice of Discontinuance and Notice of
Surplus Monies, if any; and it is further
of'
ORDERED that plaintiff shall make application for judgment of
foreclosure and sale within (60) days, no adjournments;
sixty
plaintiff must appear before the Mandatory Appearance Part in
Courtroom 800, at the Courthouse located at 111 Dr. Martin Luther
King Jr. Blvd., White Plains, New York on August 30r 2018 at 2:00
P.M.
)
5 of 7
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FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018
INDEX NO. 52675/2017
FILED: WESTCHESTER COUNTY CLERK 07/17/2018 12:04 PM)
NYSCEF DOC. NO. 40 RECEIVBD NYSCEF: 07/17/2018
ORDERED that. within (30) days of the sale, the Referee shall upload
FORM" the'
the "FORECLOSURE ACTION SURPLUS MONIES to NYSCEF filed
action under document type "FORECLOSURE ACTION SURPLUS MONIES FORM",
with a copy to the Part Clerk (Steve Stone at sstone@nycourts.gov)
. for the undersigned; and it is further
ORDERED that within (3) days of appointment, the Referee shall
the Court with his/her e-mail address. This information must
be provided to the Part Clerk (Steve St,one at sstone@nvcourts.qov)
for. the undersigned.
V
I
I
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FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018
FILED: WESTCHESTER COUNTY CLERK 07 17 2018 12:04 PN
RECEIVED NYSCEF: 07/17/2018
NYSCEF DOC. NO, 40
l4
TO BZ COlVPI.ETFD FOR EVERY SALE BF COURT APPOI/YTSD REFEREE
A JVD FILED PV TH COU/VTY CLERK A1VD CHAMBERS 8'1TH' 30 DA YS OF'SALE
FOKECL'OSURE ACTION SURPLUS MONIES FORM
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY
4P I
Part
Plaintiff(s) Hon.
-against- fndex No.
Defendant(s)
Property Address: Sale Date
A. Were there surplus f'unds? G Yes QNo
B. o be corn ed b th feree
Amount of finaljudgment of foreclosure $
Sale price of property
Upset price $
Surplus amount $
C, be com leted Refer e co du tin the sale lease rint
Name: Telephone:
Address:
8-mail Address:
Signature and Date:
'
D. To be com leted b Plainti s E, To be com ieted.b Purchaser
Name (please print) Name (please print)
Address; Address;
6-mail Address: E-mail Address.
Telephone: Telephone:
Signature and Date: Signature and Date:
7 of 7 t- Form
i'rirr
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FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018
STATE OF NEW YORK SUPREME COURT
COUNTY OF WESTCHESTER
QUICKEN LOANS INC., Index No.: 52675/2017
Plaintiff,
vs. AFFIDAVIT OF
MAILING
LUISA SILES A/K/A LUISA D. SILES A/K/A LUISA
DEVITTOR SILES A/K/A LUISA DEVITTOR;
BOARD OF MANAGERS OF GUARD HILL
HOMEOWNERS ASSOCIATION;
NOVENSTERN, FABRIANI AND GAUDIO, LLP;
NEW YORK STATE TAX COMMISSION;
ERIC SILES;
Defendants.
STATE OF NEW YORK)
COUNTY OF MONROE ) ss:
, q f , being duly sworn, deposes and says:
1. I am over 18 years of age, reside in Rochester, New York, and Iam employed by
Davidson Fink LLP, the attorneys for plaintiffin this action.
2. On 7~> , deponent served a copy of Notice of Entry, by first-class
mail, upon:
Luisa Siles Reich Reich & Reich, P.C.
3503 Victoria Drive Jeffrey A, Reich, Esq.
Mount Kisco, New York 10549 235 Main Street,Suite 450
White Plains, New York 10601
Anthony Tirone, Esq.
202 Mamaroneck Ave
White Plains, New York 10601
by depositing a true copy of said document securely enclosed in postpaid wrappers in the Post Office Box .
regularly maintained by the United States Postal Service at 28 East Main Street,Suite 1700, Rochester,
New York.
Sworn to before me this
25 day of 2o/f
L// ,
Notary Public
JOHN BURNO
NOTARY PUBLIC, State of New York
QualifiedinMonroe County
No. 01BU6372113
Commission Expires March 20~4
t2,
9 of 9
Preview
FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF WESTCHESTER QUICKEN LOANS INC., Index No.: 52675/2017 Plaintiff, vs. NOTICE OF ENTRY LUISA SILES A/K/A LUISA D. SILES A/K/A LUISA DEVITTOR Mortgaged Premises: SILES A/K/A LUISA DEVITTOR; 3503 Victoria Dr BOARD OF MANAGERS OF GUARD HILL HOMEOWNERS Mount Kisco, (Town of Mount ASSOCIATION; Kisco) NY 10549 LLP· NOVENSTERN, FABRIANI AND GAUDIO, LLP; NEW YORK STATE TAX COMMISSION; ERIC SILES; Defendants. PLEASE TAKE NOTICE that the Order Granting Summary Judgment in thisaction dated July 16, 2018 - a of which is attached hereto - was entered in the Office of the Clerk of the of copy duly County Westchester on July 17, 2018 in favor of Plaintiff and against Defendants. Dated: July Ú , 2018 Ashley E. n, s . DAVIDSO F Attorneys fo P aintiff 28 East Main Street, Suite 1700 Rochester, New York 14614-1990 Tel: (585) 760-8218 TO: Luisa Siles 3503 Victoria Drive Mount Kisco, New York 10549 Reich Reich & Reich, P.C. Jeffrey A. Reich, Esq. 235 Main Street,Suite 450 White Plains,New York 10601 Anthony Tirone, Esq. 202 Mamaroneck Ave White Plains,New York 10601 1 of 9 FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017 NYSCEF DOC. D: NO. WE 41 RECEIVED NYSCEF: 07/27/2018 TCHESTER COUNTY CLERK 07 17 2P18 12:P PM INDEx No, 82678/2017 NYSCEF DOC. NO. 40 REC IVED NYSCEF: 07/17/2018 At a Special Term of tbeSupreme Court, heM in and forthe County of Westchester at theWestchester County Courthopse, White Plains,New York on the~day of AyeiMIRS ' 3 P d/< Q/t'i/q Mac. NNIieI' A. Olaeol~ JSC PRESENT: HON. J.S.C. STATE OF NEW YORK SUPREME COURT I COUNTY OF WESTCHESTER QUICKEN LOANS INC. Index No.: S2675/201 7 Plaintiff, ORDER GRANTING SUMMARY JUDGMENT -Vs Foreclosure of; LUISA SILBS A/K/A LUISA D. SILBS A/K/A LUIS A 3503 Victoria Dr, Mount Kisco, DEVITTOR SILBS A/K/A LUISA DEVITTOR; NY 10549 BOARD OF MANAGERS OP GUARD HILL HOMHOWNERS ASSOCIATION; (Section 69.82, Block 5,Lot ' NOVENSTERN,FABRIANIAhlDGAUDIO,LLP; 1./3503) NEW YORK STAG% TAX CON MI SSION; BPJC SILES; DOS" DOE," and "JOHN and "MARY (Said names being %titious, itbeing the intention of Plaintiff to designate any and alloccupants, tenants,persons orcorpor3tions, ifany, having or claiming an interestin or lienupon the pzemises being foreclosed herein.) Defendants. ] C Plaintiff having moved thisCourt foran Order pursuant to CPLR ii)3212, 3215 and RPAPL f . 1321 dirzeting the entzy ofthe summary judgment in favor of Plaintiffand against Defendant, Lafsa \ Silas, and for such furtherreliefas thisCourt may deem justand proper; snd I of' NOW, upon the Notice of Motion and Affirmation of Regularity of James R Adam, Bsq., I i Davidson Fink LLP, attorneys for dated PIaintifF, Pebzuazy~~~ 20l 8 and upon Plaintiffs AfFidavit in f Support of Summary Judgment Motion by Scott Rveiy as Loss Mitigation Ofncer of QUICKEN LOANS 1 i Plaintiff dated December together vriththe exhibits annexed thereto in support INC., herein, 4,2017, 1 of 7 2 of 9 FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018 INDEX NO. 52675/2017 FILED : WE S TCHE S TER COUNTY CLERK 07 /17 2018 12 : 0 4 PM| NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 07/17/2018 I I %'~ tltlA > ~~7 ..J. ~ ~ ~'V. I and Defendant not submitted response to said and the Motion come to be heard on _ g~@. day having of V7 - Jl any ; and c~n 0 .~ ~ Motion; ~~,+ ~s + 8< g < having Lars~r 5 LP and M due Sr S ' ~~m ~8m g deliberation having been had, itis ORDERED, that themotion isGRANTED; and it is further ORDERED, that defaultJudgment is GRANTED against allnon Defendants; answering party and itis further ORDERED, that theAnswer of Defendant, Luisa Siles,be stricken and dismissed and the appearance of such Defendant be limited to a Notice of Appearance an to attainewplemoneys; and it is further ORDERED, that thisaction be and the same hereby isdiscontinued as againstthe defendants Doe' sued herein as 'John and 'Mary Doe', not having been served with copies of theSummons and Complaint and are not necessary defendants, and that the saiddefendants be stricken out and pap f eliminated from the titleand captior of thisaction accordingly, allwithout prejudice to any of the proceedings heretofore had or to be had in thisaction;and itis further BLANK SPACE LEFTINTENTIONALLY I I1 I 2 of 7 3 of 9 FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018 INDEX NO. 52675/2017 FILED : WESTCHESTER COUNTY CLERK 07 /17 / 2 018 12 : 0 4 PM) RECEIVED NYSCEF: 07/17/2018 NYSCEF DOC. NO. 40 ORDERED, that thecaption shallread as follows: QUICKEN LOANS INC. IndexNo.: 52675/2017 Plaint',' Plaintiff, -vs- LUISA SILES A/K/A LUISA D. SILES A/K/A LUISA . DEVITTOR SILES A/K/ALUISA DEV1TTOR; BOARD OF MANAGERS OF GUARD HILL HOMEOWNERS ASSOCIATION; NOVENSTERN, FABRIANT AND GAUDIO, LLP; NEW YORK STATE TAX COMMISSION; ERIC SILES; Defendants. ; anditis thither ORDERED, that this action be and the same hereby is referred to ,A o:ML.-- with an office at , Esq, ' 40 c20b /Y MMovt 5 . At/f- . /4M / r5 ftsms Q y f o&o/ Phone Number as Referee to ascertain and compute the amount due the plaintiffin thisaction for principaland interest on the bond and mortgage sued upon and set forthinthe complaint and for payments made by the plaintifffor taxes,assessments, water charges, insurance premiums and any otherexpenses thatthe plaintiffhas paid or may pay in connection with the protection of its security hereunder against the mortgaged premises including, but not limited to,the costs of preserving or protecting the mortgaged premises, and fees for other servicesand charges affecting the premises hereindescribed, during the pendency of thisaction and untilthe closing of with title purchaser at foreclosure sale,and thatany sums so paid by the plaintiffshall be added to the sum otherwise due tothe plaintiff, pursuant to the plaintiffs claim herein, and shall be deemed secured by said bond and mortgage as thereinprovided and adjudged a validlien on the premises herein described, with interestthereon from the date of each such payment, and to examine and report whether the mortgaged premises should be sold inone or more parcels; and itis further The e eree' a fees shall bet 1. 50. 00 upon the report s and 2. $500.00 upon. the sale 3. $250.90 cancelled" on any sale . * cancelled leas than 4 of 9 FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018 Z O. O 52675/2017 FILED: WESTCHESTER COUNTY COUNT NYSCEF DOC. NO, 40 RECEIVED NYSCEF: 07/17/2018 ~% P ORDERED that,ifrequired,the Refuee take pursuant to testimony RPAPL §1321; and itis further ORDERED, that the me appointed herein issubject to the of requirements Rule 36.2(c)of the . Chief Judge, and if the Referee isdisqualified from an receiving appointment pursuant to the provisions of thatRule, the Referee shallnotify the Appointing Judge forthwith; and it is further ORDERED, that by this accepting appointment the Referee certifiesthathe/she isin compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limitedto,section . 36.2(c) ("Disqualifications from appointment" (" appointment") and section 36.2(d) ("Limitations on appointments based upon compensation" compensation"); and it is further ORDERED that Defendant, Luisa be I Siles, provided a copy of the Court's Order and the Referee's Notice of Sale in Foreclosure. Dated: t White Plains,New York I l l I .S.C. J.S.C. j.48heosI~AO cseoos~ JSO ENTER: IN WESTCHESTER COUNTY Section: 69.82 Blocle 5 Lot: 1/3503 I I' 4 of 7 5 of 9 FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018 INDEX NO. 52675/2017 FILED: WESTCHESTER COUNTY CLERK 07/17/2018 12:04 PM| NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 07/17/201.8 ORDERED that the answer of the defendant, Luisa Siles, be treated as a limited notice of appearance, those entitling defendants to receive, with notice, a copy of the Judgment of Foreclosure & Sale, Notice of of .the Judgment of Foreclosure Entry & Sale, the Notice of Sale, Notice of Discontinuance and Notice of Surplus Monies, if any; and it is further of' ORDERED that plaintiff shall make application for judgment of foreclosure and sale within (60) days, no adjournments; sixty plaintiff must appear before the Mandatory Appearance Part in Courtroom 800, at the Courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York on August 30r 2018 at 2:00 P.M. ) 5 of 7 6 of 9 FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018 INDEX NO. 52675/2017 FILED: WESTCHESTER COUNTY CLERK 07/17/2018 12:04 PM) NYSCEF DOC. NO. 40 RECEIVBD NYSCEF: 07/17/2018 ORDERED that. within (30) days of the sale, the Referee shall upload FORM" the' the "FORECLOSURE ACTION SURPLUS MONIES to NYSCEF filed action under document type "FORECLOSURE ACTION SURPLUS MONIES FORM", with a copy to the Part Clerk (Steve Stone at sstone@nycourts.gov) . for the undersigned; and it is further ORDERED that within (3) days of appointment, the Referee shall the Court with his/her e-mail address. This information must be provided to the Part Clerk (Steve St,one at sstone@nvcourts.qov) for. the undersigned. V I I 6 of 7 7 of 9 FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018 FILED: WESTCHESTER COUNTY CLERK 07 17 2018 12:04 PN RECEIVED NYSCEF: 07/17/2018 NYSCEF DOC. NO, 40 l4 TO BZ COlVPI.ETFD FOR EVERY SALE BF COURT APPOI/YTSD REFEREE A JVD FILED PV TH COU/VTY CLERK A1VD CHAMBERS 8'1TH' 30 DA YS OF'SALE FOKECL'OSURE ACTION SURPLUS MONIES FORM SUPREME COURT OF THE STATE OF NEW YORK COUNTY 4P I Part Plaintiff(s) Hon. -against- fndex No. Defendant(s) Property Address: Sale Date A. Were there surplus f'unds? G Yes QNo B. o be corn ed b th feree Amount of finaljudgment of foreclosure $ Sale price of property Upset price $ Surplus amount $ C, be com leted Refer e co du tin the sale lease rint Name: Telephone: Address: 8-mail Address: Signature and Date: ' D. To be com leted b Plainti s E, To be com ieted.b Purchaser Name (please print) Name (please print) Address; Address; 6-mail Address: E-mail Address. Telephone: Telephone: Signature and Date: Signature and Date: 7 of 7 t- Form i'rirr 8 of 9 FILED: WESTCHESTER COUNTY CLERK 07/27/2018 11:57 AM INDEX NO. 52675/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/27/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF WESTCHESTER QUICKEN LOANS INC., Index No.: 52675/2017 Plaintiff, vs. AFFIDAVIT OF MAILING LUISA SILES A/K/A LUISA D. SILES A/K/A LUISA DEVITTOR SILES A/K/A LUISA DEVITTOR; BOARD OF MANAGERS OF GUARD HILL HOMEOWNERS ASSOCIATION; NOVENSTERN, FABRIANI AND GAUDIO, LLP; NEW YORK STATE TAX COMMISSION; ERIC SILES; Defendants. STATE OF NEW YORK) COUNTY OF MONROE ) ss: , q f , being duly sworn, deposes and says: 1. I am over 18 years of age, reside in Rochester, New York, and Iam employed by Davidson Fink LLP, the attorneys for plaintiffin this action. 2. On 7~> , deponent served a copy of Notice of Entry, by first-class mail, upon: Luisa Siles Reich Reich & Reich, P.C. 3503 Victoria Drive Jeffrey A, Reich, Esq. Mount Kisco, New York 10549 235 Main Street,Suite 450 White Plains, New York 10601 Anthony Tirone, Esq. 202 Mamaroneck Ave White Plains, New York 10601 by depositing a true copy of said document securely enclosed in postpaid wrappers in the Post Office Box . regularly maintained by the United States Postal Service at 28 East Main Street,Suite 1700, Rochester, New York. Sworn to before me this 25 day of 2o/f L// , Notary Public JOHN BURNO NOTARY PUBLIC, State of New York QualifiedinMonroe County No. 01BU6372113 Commission Expires March 20~4 t2, 9 of 9