Preview
11/10/2021 04:23
FILED: YATES COUNTY CLERK 03/31/2022 12:30 PM INDEX NO. 2021-5136
53
NYSCEF DOC. NO. 63 11/09/2021
RECEIVED NYSCEF: 03/31/2022
At Part _ of the Supreme Court held in
the County of Yates, at 415 Libe Street,
Penn Yan, NY 14527, on the 7" day of
PRESENT; Jason L. Cook
JUSTICE OF THE SUPREME COURT
X
BANK NATIONAL ASSOCIATION, AS
.
US. Index No. 2021-5136
INDENTURE TRUSTEE, FOR THE HOLDERS OF
THE CIM TRUST 2017-7, MORTGAGE—BACKED ORDER OF REFERENCE AND
NOTES, SERIES 2017-7, DEFAULT JUDGMENT
Plaintiff Mortgaged Premises
-against- 55 West Lake Road Bpt
Branchport, NY 1441 8
AMY L. SHERMAN AKA AMY L. WOODEN;
CHRISTOPHER S. WOODEN AKA CHRISTOPHE a/k/a
WOODEN; STERLING JEWELERS INC. DBA KAY
OUTLET; "JOHN DOE" and "JANE DOE" said names 55 West Lake Road
being fictitious, it being the intention of plaintiff to Branchport, NY
14418
designate any and all occupants of premises being
foreclosed herein, Section: 83.57
Block: 1
Defendants Lot: 30
Mortgage Servicer: Select Portfolio
Servicing, Inc.
Mortgage Servicer Phone #: 1—800-258-
8602
X
UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 8th day of June,
2021, the Notice of Motion dated September 8, 2021, the affirmation by Juliana Thibaut, Esq., the
Affidavit in Support by Sherrilyn Heflin who is Document Control Officer of Select Portfolio Servicing,
Inc., duly sworn to on August 26, 2021, together with the exhibits annexed thereto, and all prior papers
filed in this action and prior proceedings had herein; and
UPON proof that each of the defendants herein has been duly served with the Summons and
Complaint in this action, and required notices; and
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AND that a foreclosure settlement conference pursuant to CPLR 3408 was not held because the
Mortgagors do not occupy he Mortgaged Premises as a primary residence.
AND this Court having initiated and held status conference(s) in accordance with the provisions of
Administrative Order 157/20 prior to the issuance of this Order,
AND it appearing that the defendants/mortgagors are not residents of the property subject to
foreclosure;
AND it appearing that Amy L. Sherman AKA Amy L. Wooden, Chrisopher S. Wooden AKA
Christophe Wooden, and Sterling Jewelers Inc. DBA Kay Outlet time to answer the complaint has
expired;
AND it appearing to the satisfaction of this court that this action was brought to foreclose a mortgage
on real property located at 55 West Lake Road Bpt, Branchport, NY 14418 a/k/a 55 West Lake Road,
Branchport, NY 14418, in the county of Yates, State of New York [Section: 83.57, Block: 1, Lot: 30],
NOW, on motion by FRIEDMAN VARTOLO LLP, attorneys for the Plaintiff, it is hereby
ORDERED that defendants Amy L. Sherman AKA Amy L. Wooden, Chrisopher S. Wooden AKA
Christophe Wooden, and Sterling Jewelers Inc. DBA Kay Outlet are determined to be in default; and it is
further
GREGQBOMMEV Lawrnm .60,“
.
ORDERED that
1
Eregorq‘ Lecnneql With an address of
a?!) Nest lila‘m 3U€£Jt ,lAiQii’xloo, NY [311,5— ]353 3IS~539~ 89H , is
hereby appointed Referee, in accordance with RPAPL §1321, to compute the amount due to Plaintiff and
to examine whether the mortgaged property may be sold in parcels; and it is further
ORDERED that the Referee make his/her computation and report with all convenient speed; and it is
further
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NYSCEF DOC. NO. 63 11/09/2021
RECEIVED NYSCEF: 03/31/2022
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321; and it is
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, if the Referee is disqualified from receiving an appointment pursuant to the
provisions of the Rule, the Referee shall immediately notify the Appointing Judge; and it is further
ORDERED that pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the discretion of the
court,a fee of $4 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 it is 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 is further
ORDERED, that the caption of this action is amended by removing those parties named herein as
“JOHN DOE” and “JANE DOE,” and all proceedings heretofore filed herein shall be deemed amended
accordingly, and it is further
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NYSCEF DOC. NO. 63 11/09/2021
RECEIVED NYSCEF: 03/31/2022
ORDERED, that the caption of this action, as amended, shall read as follows:
X
US. BANK NATIONAL ASSOCIATION, AS Index No. 2021-5136
INDENTURE TRUSTEE, FOR THE HOLDERS OF
THE CIM TRUST 2017-7, MORTGAGE-BACKED
NOTES, SERIES 2017-7,
Plaintiff
-against-
AMY L. SHERMAN AKA AMY L. WOODEN;
CHRISTOPHER S. WOODEN AKA CHRISTOPHE
WOODEN,
Defendants
X
; and it is 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.
fl)
This constitutes the decision and order of the court.
Dated: MWW Ci, 9‘03!
WJAEQ g
%
ENTER:
gag ,J.S.C..\
flag/57
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NYSCEF DOC. NO. 63 11/09/2021
RECEIVED NYSCEF: 03/31/2022
SCHEDULE A—LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND, situate at 3437 New York State Route 54A in the Hamlet of Branchport.
Town of Jerusalem County of Yates and State of New York bounded and described as follows:
Beginning at an iron pin set on the east side of New York State Route 54A (Main Street). said pin being the following
courses and distances from the existing centerline intersection of New York State Route 54A (Main Street) and New York
State Route 54A (where the same turns east); N W
05°49'12" W. 298.02 feet and S 85°52'00" 43.81 feet; thence fiom the
true point and place of beginning;N 85°52'00" E along lands now or formerly Mary P. Pearse (L. 386, Pg. 980) 330.00
feet to an iron pin set; thence S 04°08'00" E along lands now or formerly Lake Keuka Conservation Club, Inc. (L. 283, Pg.
132 & 135) 91.00 feet to an iron pin set; thence S 85°52’00" W, along lands now or formerly Audrey Mitchell (L. 455, Pg.
N
886). 330.00 feet to an iron pin set; thence 04°08'00” W, along the east line of New York State Route 54A (Main Street)
91.00 feet to the point and place of beginning. Comprising an area of 0.609 acres all as more accurately shown on a map
of survey entitled "Plan of Land to be Conveyed by Rosemary Thompson” completed by Dwight I. Lafler. LS on June
20th, 2005 labeled as File #699-05 and which map is intended to be filed simultaneously herewith
Subject to highway and utility easements of record.
Being the same premises conveyed to this grantor by deed from Brian Zerges dated February 10th. 2004 and recorded in
the Yates County Clerk's Office in Liber 498 of Deeds at Page 75.
Premises: 55 West Lake Road Bpt, Branchport, NY
14418
aka 55 West Lake Road Branchport, NY
14418
Tax Parcel ID No.: Section: 83.57 Block: 1 Lot: 30
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Preview
11/10/2021 04:23 FILED: YATES COUNTY CLERK 03/31/2022 12:30 PM INDEX NO. 2021-5136 53 NYSCEF DOC. NO. 63 11/09/2021 RECEIVED NYSCEF: 03/31/2022 At Part _ of the Supreme Court held in the County of Yates, at 415 Libe Street, Penn Yan, NY 14527, on the 7" day of PRESENT; Jason L. Cook JUSTICE OF THE SUPREME COURT X BANK NATIONAL ASSOCIATION, AS . US. Index No. 2021-5136 INDENTURE TRUSTEE, FOR THE HOLDERS OF THE CIM TRUST 2017-7, MORTGAGE—BACKED ORDER OF REFERENCE AND NOTES, SERIES 2017-7, DEFAULT JUDGMENT Plaintiff Mortgaged Premises -against- 55 West Lake Road Bpt Branchport, NY 1441 8 AMY L. SHERMAN AKA AMY L. WOODEN; CHRISTOPHER S. WOODEN AKA CHRISTOPHE a/k/a WOODEN; STERLING JEWELERS INC. DBA KAY OUTLET; "JOHN DOE" and "JANE DOE" said names 55 West Lake Road being fictitious, it being the intention of plaintiff to Branchport, NY 14418 designate any and all occupants of premises being foreclosed herein, Section: 83.57 Block: 1 Defendants Lot: 30 Mortgage Servicer: Select Portfolio Servicing, Inc. Mortgage Servicer Phone #: 1—800-258- 8602 X UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 8th day of June, 2021, the Notice of Motion dated September 8, 2021, the affirmation by Juliana Thibaut, Esq., the Affidavit in Support by Sherrilyn Heflin who is Document Control Officer of Select Portfolio Servicing, Inc., duly sworn to on August 26, 2021, together with the exhibits annexed thereto, and all prior papers filed in this action and prior proceedings had herein; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action, and required notices; and Firm File No. 203165-1 1 of 5 11/10/2021 04:23 FILED: YATES COUNTY CLERK 03/31/2022 12:30 PM INDEX NO. 2021-5136 53 NYSCEF DOC. NO. 63 11/09/2021 RECEIVED NYSCEF: 03/31/2022 AND that a foreclosure settlement conference pursuant to CPLR 3408 was not held because the Mortgagors do not occupy he Mortgaged Premises as a primary residence. AND this Court having initiated and held status conference(s) in accordance with the provisions of Administrative Order 157/20 prior to the issuance of this Order, AND it appearing that the defendants/mortgagors are not residents of the property subject to foreclosure; AND it appearing that Amy L. Sherman AKA Amy L. Wooden, Chrisopher S. Wooden AKA Christophe Wooden, and Sterling Jewelers Inc. DBA Kay Outlet time to answer the complaint has expired; AND it appearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 55 West Lake Road Bpt, Branchport, NY 14418 a/k/a 55 West Lake Road, Branchport, NY 14418, in the county of Yates, State of New York [Section: 83.57, Block: 1, Lot: 30], NOW, on motion by FRIEDMAN VARTOLO LLP, attorneys for the Plaintiff, it is hereby ORDERED that defendants Amy L. Sherman AKA Amy L. Wooden, Chrisopher S. Wooden AKA Christophe Wooden, and Sterling Jewelers Inc. DBA Kay Outlet are determined to be in default; and it is further GREGQBOMMEV Lawrnm .60,“ . ORDERED that 1 Eregorq‘ Lecnneql With an address of a?!) Nest lila‘m 3U€£Jt ,lAiQii’xloo, NY [311,5— ]353 3IS~539~ 89H , is hereby appointed Referee, in accordance with RPAPL §1321, to compute the amount due to Plaintiff and to examine whether the mortgaged property may be sold in parcels; and it is further ORDERED that the Referee make his/her computation and report with all convenient speed; and it is further Firm File No. 203165-1 2 of 5 11/10/2021 04:23 FILED: YATES COUNTY CLERK 03/31/2022 12:30 PM INDEX NO. 2021-5136 53 NYSCEF DOC. NO. 63 11/09/2021 RECEIVED NYSCEF: 03/31/2022 ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321; and it is 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, if the Referee is disqualified from receiving an appointment pursuant to the provisions of the Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED that pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the discretion of the court,a fee of $4 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 it is 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 is further ORDERED, that the caption of this action is amended by removing those parties named herein as “JOHN DOE” and “JANE DOE,” and all proceedings heretofore filed herein shall be deemed amended accordingly, and it is further Firm File No. 203165-1 3 of 5 11/10/2021 04:23 FILED: YATES COUNTY CLERK 03/31/2022 12:30 PM INDEX NO. 2021-5136 53 NYSCEF DOC. NO. 63 11/09/2021 RECEIVED NYSCEF: 03/31/2022 ORDERED, that the caption of this action, as amended, shall read as follows: X US. BANK NATIONAL ASSOCIATION, AS Index No. 2021-5136 INDENTURE TRUSTEE, FOR THE HOLDERS OF THE CIM TRUST 2017-7, MORTGAGE-BACKED NOTES, SERIES 2017-7, Plaintiff -against- AMY L. SHERMAN AKA AMY L. WOODEN; CHRISTOPHER S. WOODEN AKA CHRISTOPHE WOODEN, Defendants X ; and it is 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. fl) This constitutes the decision and order of the court. Dated: MWW Ci, 9‘03! WJAEQ g % ENTER: gag ,J.S.C..\ flag/57 Firm File No. 203165-1 4 of 5 11/10/2021 04:23 FILED: YATES COUNTY CLERK 03/31/2022 12:30 PM INDEX NO. 2021-5136 53 NYSCEF DOC. NO. 63 11/09/2021 RECEIVED NYSCEF: 03/31/2022 SCHEDULE A—LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND, situate at 3437 New York State Route 54A in the Hamlet of Branchport. Town of Jerusalem County of Yates and State of New York bounded and described as follows: Beginning at an iron pin set on the east side of New York State Route 54A (Main Street). said pin being the following courses and distances from the existing centerline intersection of New York State Route 54A (Main Street) and New York State Route 54A (where the same turns east); N W 05°49'12" W. 298.02 feet and S 85°52'00" 43.81 feet; thence fiom the true point and place of beginning;N 85°52'00" E along lands now or formerly Mary P. Pearse (L. 386, Pg. 980) 330.00 feet to an iron pin set; thence S 04°08'00" E along lands now or formerly Lake Keuka Conservation Club, Inc. (L. 283, Pg. 132 & 135) 91.00 feet to an iron pin set; thence S 85°52’00" W, along lands now or formerly Audrey Mitchell (L. 455, Pg. N 886). 330.00 feet to an iron pin set; thence 04°08'00” W, along the east line of New York State Route 54A (Main Street) 91.00 feet to the point and place of beginning. Comprising an area of 0.609 acres all as more accurately shown on a map of survey entitled "Plan of Land to be Conveyed by Rosemary Thompson” completed by Dwight I. Lafler. LS on June 20th, 2005 labeled as File #699-05 and which map is intended to be filed simultaneously herewith Subject to highway and utility easements of record. Being the same premises conveyed to this grantor by deed from Brian Zerges dated February 10th. 2004 and recorded in the Yates County Clerk's Office in Liber 498 of Deeds at Page 75. Premises: 55 West Lake Road Bpt, Branchport, NY 14418 aka 55 West Lake Road Branchport, NY 14418 Tax Parcel ID No.: Section: 83.57 Block: 1 Lot: 30 Firm File No. 203165-1 5 of 5