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At Part ___ of the Supreme Court held in the
County of Nassau, at the Courthouse located at 100
Supreme Court Drive, Mineola, NY 11501, on the
day of , 2022.
PRESENT: Hon.
JUSTICE OF THE SUPREME COURT
___________________________________________________________Ç
M&T BANK, Index No. 602517/2022
Plaintiff,
-against- ORDER CONFIRMING REFEREE'S
REPORT AND JUDGMENT OF
FORECLOSURE AND SALE
PATRICIA KLEBER; CAROL BRUMBY,
MORTGAGED PROPERTY:
Defendants. 232 BROOKVILLE RD
OYSTER BAY TOWN, NY 11545
SBL #: 16-B-1605 and 1646
Servicer: M&T Bank
1-800-724-2400
_______________________________________________________Ç
UPON the Summons, Complaint, and Notice of Pendency filed in this action on February 28,
2022, the Notice of Motion and affirmation by Mark R. Knuckles, Esq. both dated December 22, 2022,
the affidavit of merit and amount due by Rachel M. Nowicki, Assistant Vice President of M&T Bank,
the Plaintiff herein, duly sworn to on November 7, 2022, together with the exhibits annexed thereto, all
in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and
UPON proof that each of the defendants herein has been duly served with the Summons and
Complaint in this action, and has voluntarily appeared either personally or by an attorney; and it
appearing that more than the legally required number of days has elapsed since defendants Patricia Kleber
and Carol Brumby were so served and/or appeared; and Plaintiff having established to the court's
satisfaction that a judgment against defendants is warranted; and
UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
UPON proof that non-appearing defendants Patricia Kleber and Carol Brumby are not absent, in
5000-000063-FC&4TRICIA KLEBER
accordance with RPAPL §1321(2); and
A Referee having been appointed to compute the amount due to Plaintiff upon the bond/note and
mortgage set forth in the Complaint and to examine whether the mortgaged property can be sold in
parcels; and
UPON reading and filing the Report of Mark S. Ricciardi, Esq., dated November 22, 2022,
showing the sum of $601,528.09 due as of the date of said Report and that the mortgaged property may
not be sold in parcels; and
UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all
the prior proceedings and papers filed herein;
NOW, on motion by Mark R. Knuckles, Esq., attorney for the Plaintiff, itis hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is,hereby
in all respects ratified and confirmed; and itis further
ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the
Complaint and as hereafter described, or such part thereof as may be sufficient to discharge the mortgage
debt, the expenses of the sale, and the costs of this action as provided by the RPAPL be sold, in one parcel,
at a public auction on the North Side steps of the Supreme Court, 100 Supreme Court Drive, Mineola,
NY, on a date to be set by the Court, by and under the direction of Mark S. Ricciardi, Esq., 25 Melville
Park Road, Ste 233, Melville , NY 11747, 516-496-0062 who is hereby appointed Referee for that
purpose; that said Referee give public notice of the time and place of sale in accordance with RPAPL
§231 in ; and itis further
ORDERED, ADJUDGED AND DECREED 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
5000-000063-FC/R4TRICIA KLEBER
receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify
the Appointing Judge; and itis further
ORDERED, ADJUDGED AND DECREED 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 itis further
ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale
only if Plaintiff, itssuccessors and/or assignees, or its representative is present at the sale or the Referee
has received a written bid and Terms of Sale from Plaintiff, its successors and/or assigns, or its
representative; and itis further
ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale within
90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by RPAPL §1351(1)
is extended for the Referee to conduct the sale as soon as reasonably practicable, to a date to be set by
the Court upon final approval at the conclusion of the Pre-Foreclosure Auction Status Conference; and it
is further
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a
written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were physically present
to submit said bid; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid offered
by a bidder who shall be identified upon the court record, and shall require that the successful bidder
immediately execute Terms of Sale for the purchase of the property, and pay to the Referee, in cash or
certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiff in
which case no deposit against the purchase price shall be required; and itis further
ORDERED, ADJUDGED AND DECREED that, in the event the first successful bidder fails to
execute the Terms of Sale immediately following the bidding upon the subject property or fails to
immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the
5000-000063-FC/PATRICIA KLEBER
same day be reoffered at auction; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down payment
and proceeds of sale, as necessary, in his/her own name as Referee in his/her IOLA account or other
separate account maintained for his/her clients at , in
accordance with CPLR 2609; and itis further
ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall
execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale, which shall be
deemed a binding contract; and itis further
ORDERED, ADJUDGED AND DECREED that, in the event a party other than the Plaintiff
becomes the purchaser at the sale, the closing of title shall be held no later than 30 days after the date of
such sale unless otherwise stipulated by all parties to the sale; and itis further
ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defmed in
paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party shall
place the property back on the market for sale or other occupancy: (a) within 180 days of the execution
of the deed of sale, or (b) within 90 days of completion of construction, renovation, or rehabilitation of
the property, provided that such construction, renovation, or rehabilitation proceeded diligently to
completion, whichever comes first,provided however, that a court of competent jurisdiction may grant
an extension for good cause; and itis further
ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds of such
sale, shall forthwith pay therefrom, in accordance with their priority according to law, all taxes,
assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of
sale, with such interest or penalties which may have lawfully accrued thereon to the date of payment;
and itis further
ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance of said
proceeds of sale in her/his own name as Referee in his/her IOLA account per CPLR 2609 or in
5000-000063-FC/PATRICIA KLEBER
, and shall thereafter make the following payments in
accordance with RPAPL §1354, as follows:
FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR
8003(b), in the sum of $750.00;
SECOND: All taxes, assessments, and water rates that are liens upon the property and
monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water
rates that have not become absolute, and any other amounts due in accordance with RPAPL
§1354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes
accruing after the sale. The Referee shall not be responsible for the payment of penalties or fees
pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such
penalties or fees assessed;
THIRD: The expenses of the sale and the advertising expenses as shown on the bills
presented and certified by said Referee to be correct, duplicate copies of which shall be annexed
to the report of sale;
FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following:
Amount Due per Referee's Report: $601,528.09 with interest at the note rate from
November 1, 2022, together with any advances as provided for in the note and mortgage which
Plaintiff has made for taxes, insurance, principal, and interest, and any other charges due to prior
mortgages or to maintain the property pending consummation of this foreclosure sale, not
previously included in the computation, upon presentation of receipts for said expenditures to the
Referee, all together with interest thereon pursuant to the note and mortgage, and then with
interest from the date of entry of this judgment at the statutory rate until the date the deed is
transferred];
Costs and Disbursements: $ [cc] adjudged to the Plaintiff for costs
and disbursements in this action, with interest at the statutory judgment rate from the date of entry
5000-000063-FC/htTRICIA KLEBER
of this judgment;
Additional Allowance: $ is hereby awarded to Plaintiff in addition to
costs, with interest at the statutory judgment rate from the date of entry of thisjudgment, pursuant
to CPLR Article 83;
Attorney Fees: $5,225.00 is hereby awarded to Plaintiff as reasonable legal fees herein,
with interest at the statutory rate from the date of entry of thisjudgment;
FIFTH: Surplus monies arising from the sale shall be deposited with the Nassau County
Treasurer by the Referee conducting the sale within five days after receipt in accordance with
RPAPL §1354(4) and in accordance with local County rules regarding Surplus Monies; and itis
further
ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the property,
or in the event that the rights of the purchasers at such sale and the terms of sale under this judgment
shall be assigned to and be acquired by the Plaintiff, and a valid assignment thereof is filed with said
Referee, said Referee shall not require Plaintiff to pay in cash the entire amount bid at said sale, but shall
execute and deliver to the Plaintiff or itsassignee, a deed or deeds of the property sold upon the payment
"Third"
to said Referee of the amounts specified in items marked "First", "Second", and above; that the
"Second" "Third"
Referee shall allow the Plaintiff to pay the amounts specified in and above when itis
recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff, shall be
"Fourth"
applied to the amount due Plaintiff as specified in paragraph above; that Plaintiff shall pay any
surplus after applying the balance of the bid to the Referee, who shall deposit itin accordance with
"Fifth"
paragraph above; and itis further
ORDERED, ADmDGED AND DECREED that allexpenses of recording the Referee's deed,
including real property transfer tax, which is not a lien upon the property at the time of sale, shall be paid
by the purchaser, not by the Referee from sale proceeds, and that any transfer tax shall be paid in
accordance with Tax Law §1404; and itis further
5000-000063-FC/PATRICIA KLEBER
ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in accordance
"First," "Fourth"
with paragraphs "Second, "Third", and above are insufficient to pay Plaintiff the
"Fourth"
Amount Due per the Referee's Report as setforth in paragraph above, Plaintiff may seek to
recover a deficiency judgment against PATRICIA KLEBER in accordance with RPAPL §1371 if
permitted by law; and itis further
ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in one
is"
parcel in "as physical order and condition, subject to any condition that an inspection of the property
would disclose; any facts that an accurate survey of the property would show; any covenants, restrictions,
declarations, reservations, easements, right of way, and public utility agreements of record, ifany; any
building and zoning ordinances of the municipality in which the mortgaged property is located and
possible violations of same; any rights of tenants or persons in possession of the subject property; prior
liens of record, if any, except those liens addressed in RPAPL §1354; any equity of redemption of the
United States of America to redeem the property within 120 days from the date of sale; and any rights
pursuant to CPLR §§ 317, 2003, and 5015, or any appeal of the underlying action or additional litigation
brought by any defendant or its successor or assignee contesting the validity of this foreclosure; and itis
further
ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of the
property upon production in hand of the Referee's Deed or upon personal service of the Referee's deed
in accordance with CPLR 308; and itis further
ORDERED, ADJUDGED AND DECREED that the Defendants in this action and allpersons
claiming through them and any person obtaining an interest in the property after the filing of the Notice
of Pendency are barred and foreclosed of all right, claim, lien, title, and interest in the property after the
sale of the mortgaged property; and itis further
ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and
executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer
5000-000063-FC®lTRICIA KLEBER
making the sale shall file with the clerk a report under oath of the disposition of the proceeds of the sale
in accordance with RPAPL §l355(1) and follow all local County rules regarding handling of Surplus
Monies; and itis further
ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale
default(s) upon the bid and/or the terms of sale the Referee may place the property for resale without
prior application to the Court unless Plaintiff's attorneys shall elect to make such application; and it is
further
ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this Judgment
with Notice of Entry upon the owner of the equity of redemption, any tenants named in this action, and
any other parties or persons entitled to service, including the Referee appointed herein; and itis further
ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve
Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §l308 to secure and maintain the
property until such time as ownership of the property has been transferred and the deed duly recorded;
and itis further
ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff shall
file a written report with the court within six months from the date of entry of this judgment stating
whether the sale has occurred and the outcome thereof; and itis further
ORDERED, ADJUDGED AND DECREED that all foreclosure auctions shall be held on the
Shine."
North Side steps of the Nassau County Supreme Court "Rain or This information shall be stated
in the Notice of Sale; and itis further
ORDERED, ADJUDGED AND DECREED that the Court shall set an approved date and time of
all foreclosure auctions following a conference before the Court; and itis further
ORDERED, ADJUDGED AND DECREED that the Court Appointed Referee shall submit the
Notice of Sale through the NYSCEF System at least 10 days prior to the date of the Foreclosure Auction;
and itis further
5000-000063-FC®tTRIChi KLEBER
ORDERED, ADJUDGED AND DECREED that the Notice of Sale shall specify that if proper
social distancing cannot be maintained or there are other health or safety concerns, then the Court
Appointed Referee will cancel the Foreclosure Auction; and itis further
ORDERED, ADJUDGED AND DECREED that at the conclusion of the Foreclosure Auction
and sale of the subject the Court Appointed bank and successful third-
property, Referee, representative,
party bidder shall memorialize the sale by completing, executing, and filing a Memorandum of Sale with
the Court. The Memorandum of Sale shall include the following information: Index number; name and
address of the purchaser; address of the subject property; names of the Parties and Court Appointed
Referee; the upset price; the final bid and final sales price; the amount of down payment; and an
indication of whether any surplus money may be realized; and itis further
ORDERED, ADJUDGED AND DECREED that the Court Appointed Referee shall promptly
submit to the Court, on the day of the Foreclosure Auction, the Fiduciary Form and the Memorandum of
Sale at the Clerk's office, which is located on the first floor of the courthouse in Room 186; and it is
further
ORDERED, ADJUDGED AND DECREED that within 30 days of the closing of the subject
property the Court Appointed Referee shall complete and submit, through the NYSCEF System, a Nassau
County Surplus Monies Form after which time the Court Appointed Referee will receive his/her
compensation for conducting the foreclosure sale.
Said property is commonly known as 232 BROOKVILLE RD, OYSTER BAY TOWN, NY
11545.
The legal description of the mortgaged property referred to herein is annexed hereto as Schedule
A.
DATED: ENTER:
5000-000063-FC/PATRICIA KLEBER
SCHEDULE A
DESCRIPTION
Section 16 Block B and Lot 1605 and 1646
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying and being in the Incorporated Village of Muttontown, Nassau County, State of New York,
bounded and described as follows:
BEGINNING at a point on the Easterly side of Brookville Road, which said point of beginning is at the
Westerly end of the dividing line of other properties of the grantor herein and running thence North 51
degrees 31 minutes 35 seconds East, 176.65 feet and North 55 degrees 15 minutes 40 seconds
East, 448.76 feet to the true point or place of beginning;
RUNNING THENCE North 55 degrees 15 minutes 40 seconds East, 230.69 feet to land now or formerly
of Patrick Hines;
THENCE along said land of Hines, South 11 degrees 08 minutes 00 seconds West, 158.96 feet to a
point;
THENCE South 10 degrees 41 minutes 00 seconds West, 146.80 feet to a point;
THENCE South 42 degrees 47 minutes 00 seconds West, 164.78 feet to a point;
THENCE North 31 degrees 13 minutes 00 seconds West, 109.16 feet to a point;
THENCE North 10 degrees 39 minutes 05 seconds East, 199.81 feet to the point or place of
BEGINNING.
IT isunderstood that above described parcel isan interior one and that access thereto will be had over
other adjoining lands of the grantee and not over land of the grantor. Said parcel contains
approximately 1.132 acres.
TOGETHER with ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being in the Incorporated Village of Muttontown, Town of Oyster
Bay, Nassau County, State of New York, bounded and described as follows:
BEGINNING at a point located on the Easterly side of Brookville Road, which point is located North 25
degrees 50 minutes West, 167.09 feet from the Northwesterly corner of land now or formerly of Patrick
Hines and the Southwesterly corner of land now or formerly of Frank B. Brumby and Robert A. Brumby;
RUNNING THENCE Northerly along the Easterly side of Brookville Road, North 25 degrees 50 minutes
West, 167.09 feet to land now or formerly of Cribbins;
THENCE along said land now or formerly of Cribbins, North 55 degrees 48 minutes East, 499.20 feet;
North 53 degrees 40 minutes East, 295.27 feet; North 75 degrees 57 minutes East, 151.94 feet to
land now or formerly of Patrick Hines;
5000-000063-FC/P4TRICIA KLEBER
THENCE South along said land now or formerly of Patrick Hines, 10 degrees 8 minutes West, 148.42
feet;
THENCE South 55 degrees 15 minutes 40 seconds West, 679.45 feet;
THENCE South 51degrees 31 minutes 35 seconds West, 176.65 feet to the Easterly side of Brookville
Road, said point being the point or place of BEGINNING, containing therein 3.1317 acres, according
to a survey made by Murrett H. DeLorme, C.E., dated September 25, 1958.
Premises known as 232 Brookville Road, Muttontown, New York 11545
5000-000063-FC/PATRTCIA KLEBER
Preview
At Part ___ of the Supreme Court held in the County of Nassau, at the Courthouse located at 100 Supreme Court Drive, Mineola, NY 11501, on the day of , 2022. PRESENT: Hon. JUSTICE OF THE SUPREME COURT ___________________________________________________________Ç M&T BANK, Index No. 602517/2022 Plaintiff, -against- ORDER CONFIRMING REFEREE'S REPORT AND JUDGMENT OF FORECLOSURE AND SALE PATRICIA KLEBER; CAROL BRUMBY, MORTGAGED PROPERTY: Defendants. 232 BROOKVILLE RD OYSTER BAY TOWN, NY 11545 SBL #: 16-B-1605 and 1646 Servicer: M&T Bank 1-800-724-2400 _______________________________________________________Ç UPON the Summons, Complaint, and Notice of Pendency filed in this action on February 28, 2022, the Notice of Motion and affirmation by Mark R. Knuckles, Esq. both dated December 22, 2022, the affidavit of merit and amount due by Rachel M. Nowicki, Assistant Vice President of M&T Bank, the Plaintiff herein, duly sworn to on November 7, 2022, together with the exhibits annexed thereto, all in support of Plaintiff's motion for a Judgment of Foreclosure and Sale; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action, and has voluntarily appeared either personally or by an attorney; and it appearing that more than the legally required number of days has elapsed since defendants Patricia Kleber and Carol Brumby were so served and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment against defendants is warranted; and UPON the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and UPON proof that non-appearing defendants Patricia Kleber and Carol Brumby are not absent, in 5000-000063-FC&4TRICIA KLEBER accordance with RPAPL §1321(2); and A Referee having been appointed to compute the amount due to Plaintiff upon the bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged property can be sold in parcels; and UPON reading and filing the Report of Mark S. Ricciardi, Esq., dated November 22, 2022, showing the sum of $601,528.09 due as of the date of said Report and that the mortgaged property may not be sold in parcels; and UPON proof of due notice of this motion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed herein; NOW, on motion by Mark R. Knuckles, Esq., attorney for the Plaintiff, itis hereby ORDERED, ADJUDGED AND DECREED that the motion is granted; and itis further ORDERED, ADJUDGED AND DECREED that the Referee's Report be, and the same is,hereby in all respects ratified and confirmed; and itis further ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the Complaint and as hereafter described, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale, and the costs of this action as provided by the RPAPL be sold, in one parcel, at a public auction on the North Side steps of the Supreme Court, 100 Supreme Court Drive, Mineola, NY, on a date to be set by the Court, by and under the direction of Mark S. Ricciardi, Esq., 25 Melville Park Road, Ste 233, Melville , NY 11747, 516-496-0062 who is hereby appointed Referee for that purpose; that said Referee give public notice of the time and place of sale in accordance with RPAPL §231 in ; and itis further ORDERED, ADJUDGED AND DECREED 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 5000-000063-FC/R4TRICIA KLEBER receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and itis further ORDERED, ADJUDGED AND DECREED 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 itis further ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only if Plaintiff, itssuccessors and/or assignees, or its representative is present at the sale or the Referee has received a written bid and Terms of Sale from Plaintiff, its successors and/or assigns, or its representative; and itis further ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale within 90 days of the date of the judgment, in accordance with CPLR 2004, the time fixed by RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable, to a date to be set by the Court upon final approval at the conclusion of the Pre-Foreclosure Auction Status Conference; and it is further ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were physically present to submit said bid; and itis further ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiff in which case no deposit against the purchase price shall be required; and itis further ORDERED, ADJUDGED AND DECREED that, in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject property or fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the 5000-000063-FC/PATRICIA KLEBER same day be reoffered at auction; and itis further ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down payment and proceeds of sale, as necessary, in his/her own name as Referee in his/her IOLA account or other separate account maintained for his/her clients at , in accordance with CPLR 2609; and itis further ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale, which shall be deemed a binding contract; and itis further ORDERED, ADJUDGED AND DECREED that, in the event a party other than the Plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 30 days after the date of such sale unless otherwise stipulated by all parties to the sale; and itis further ORDERED, ADJUDGED AND DECREED that, if Plaintiff (or its affiliate, as defmed in paragraph (a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such party shall place the property back on the market for sale or other occupancy: (a) within 180 days of the execution of the deed of sale, or (b) within 90 days of completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes first,provided however, that a court of competent jurisdiction may grant an extension for good cause; and itis further ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of sale, with such interest or penalties which may have lawfully accrued thereon to the date of payment; and itis further ORDERED, ADJUDGED AND DECREED, that the Referee then deposit the balance of said proceeds of sale in her/his own name as Referee in his/her IOLA account per CPLR 2609 or in 5000-000063-FC/PATRICIA KLEBER , and shall thereafter make the following payments in accordance with RPAPL §1354, as follows: FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR 8003(b), in the sum of $750.00; SECOND: All taxes, assessments, and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not become absolute, and any other amounts due in accordance with RPAPL §1354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after the sale. The Referee shall not be responsible for the payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed; THIRD: The expenses of the sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; FOURTH: The Referee shall then pay to the Plaintiff or its attorney the following: Amount Due per Referee's Report: $601,528.09 with interest at the note rate from November 1, 2022, together with any advances as provided for in the note and mortgage which Plaintiff has made for taxes, insurance, principal, and interest, and any other charges due to prior mortgages or to maintain the property pending consummation of this foreclosure sale, not previously included in the computation, upon presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant to the note and mortgage, and then with interest from the date of entry of this judgment at the statutory rate until the date the deed is transferred]; Costs and Disbursements: $ [cc] adjudged to the Plaintiff for costs and disbursements in this action, with interest at the statutory judgment rate from the date of entry 5000-000063-FC/htTRICIA KLEBER of this judgment; Additional Allowance: $ is hereby awarded to Plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of thisjudgment, pursuant to CPLR Article 83; Attorney Fees: $5,225.00 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of thisjudgment; FIFTH: Surplus monies arising from the sale shall be deposited with the Nassau County Treasurer by the Referee conducting the sale within five days after receipt in accordance with RPAPL §1354(4) and in accordance with local County rules regarding Surplus Monies; and itis further ORDERED, ADJUDGED AND DECREED that if the Plaintiff is the purchaser of the property, or in the event that the rights of the purchasers at such sale and the terms of sale under this judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment thereof is filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiff or itsassignee, a deed or deeds of the property sold upon the payment "Third" to said Referee of the amounts specified in items marked "First", "Second", and above; that the "Second" "Third" Referee shall allow the Plaintiff to pay the amounts specified in and above when itis recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintiff, shall be "Fourth" applied to the amount due Plaintiff as specified in paragraph above; that Plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit itin accordance with "Fifth" paragraph above; and itis further ORDERED, ADmDGED AND DECREED that allexpenses of recording the Referee's deed, including real property transfer tax, which is not a lien upon the property at the time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer tax shall be paid in accordance with Tax Law §1404; and itis further 5000-000063-FC/PATRICIA KLEBER ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in accordance "First," "Fourth" with paragraphs "Second, "Third", and above are insufficient to pay Plaintiff the "Fourth" Amount Due per the Referee's Report as setforth in paragraph above, Plaintiff may seek to recover a deficiency judgment against PATRICIA KLEBER in accordance with RPAPL §1371 if permitted by law; and itis further ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in one is" parcel in "as physical order and condition, subject to any condition that an inspection of the property would disclose; any facts that an accurate survey of the property would show; any covenants, restrictions, declarations, reservations, easements, right of way, and public utility agreements of record, ifany; any building and zoning ordinances of the municipality in which the mortgaged property is located and possible violations of same; any rights of tenants or persons in possession of the subject property; prior liens of record, if any, except those liens addressed in RPAPL §1354; any equity of redemption of the United States of America to redeem the property within 120 days from the date of sale; and any rights pursuant to CPLR §§ 317, 2003, and 5015, or any appeal of the underlying action or additional litigation brought by any defendant or its successor or assignee contesting the validity of this foreclosure; and itis further ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of the property upon production in hand of the Referee's Deed or upon personal service of the Referee's deed in accordance with CPLR 308; and itis further ORDERED, ADJUDGED AND DECREED that the Defendants in this action and allpersons claiming through them and any person obtaining an interest in the property after the filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and interest in the property after the sale of the mortgaged property; and itis further ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer 5000-000063-FC®lTRICIA KLEBER making the sale shall file with the clerk a report under oath of the disposition of the proceeds of the sale in accordance with RPAPL §l355(1) and follow all local County rules regarding handling of Surplus Monies; and itis further ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale without prior application to the Court unless Plaintiff's attorneys shall elect to make such application; and it is further ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve a copy of this Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in this action, and any other parties or persons entitled to service, including the Referee appointed herein; and itis further ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve Plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §l308 to secure and maintain the property until such time as ownership of the property has been transferred and the deed duly recorded; and itis further ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, Plaintiff shall file a written report with the court within six months from the date of entry of this judgment stating whether the sale has occurred and the outcome thereof; and itis further ORDERED, ADJUDGED AND DECREED that all foreclosure auctions shall be held on the Shine." North Side steps of the Nassau County Supreme Court "Rain or This information shall be stated in the Notice of Sale; and itis further ORDERED, ADJUDGED AND DECREED that the Court shall set an approved date and time of all foreclosure auctions following a conference before the Court; and itis further ORDERED, ADJUDGED AND DECREED that the Court Appointed Referee shall submit the Notice of Sale through the NYSCEF System at least 10 days prior to the date of the Foreclosure Auction; and itis further 5000-000063-FC®tTRIChi KLEBER ORDERED, ADJUDGED AND DECREED that the Notice of Sale shall specify that if proper social distancing cannot be maintained or there are other health or safety concerns, then the Court Appointed Referee will cancel the Foreclosure Auction; and itis further ORDERED, ADJUDGED AND DECREED that at the conclusion of the Foreclosure Auction and sale of the subject the Court Appointed bank and successful third- property, Referee, representative, party bidder shall memorialize the sale by completing, executing, and filing a Memorandum of Sale with the Court. The Memorandum of Sale shall include the following information: Index number; name and address of the purchaser; address of the subject property; names of the Parties and Court Appointed Referee; the upset price; the final bid and final sales price; the amount of down payment; and an indication of whether any surplus money may be realized; and itis further ORDERED, ADJUDGED AND DECREED that the Court Appointed Referee shall promptly submit to the Court, on the day of the Foreclosure Auction, the Fiduciary Form and the Memorandum of Sale at the Clerk's office, which is located on the first floor of the courthouse in Room 186; and it is further ORDERED, ADJUDGED AND DECREED that within 30 days of the closing of the subject property the Court Appointed Referee shall complete and submit, through the NYSCEF System, a Nassau County Surplus Monies Form after which time the Court Appointed Referee will receive his/her compensation for conducting the foreclosure sale. Said property is commonly known as 232 BROOKVILLE RD, OYSTER BAY TOWN, NY 11545. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule A. DATED: ENTER: 5000-000063-FC/PATRICIA KLEBER SCHEDULE A DESCRIPTION Section 16 Block B and Lot 1605 and 1646 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Incorporated Village of Muttontown, Nassau County, State of New York, bounded and described as follows: BEGINNING at a point on the Easterly side of Brookville Road, which said point of beginning is at the Westerly end of the dividing line of other properties of the grantor herein and running thence North 51 degrees 31 minutes 35 seconds East, 176.65 feet and North 55 degrees 15 minutes 40 seconds East, 448.76 feet to the true point or place of beginning; RUNNING THENCE North 55 degrees 15 minutes 40 seconds East, 230.69 feet to land now or formerly of Patrick Hines; THENCE along said land of Hines, South 11 degrees 08 minutes 00 seconds West, 158.96 feet to a point; THENCE South 10 degrees 41 minutes 00 seconds West, 146.80 feet to a point; THENCE South 42 degrees 47 minutes 00 seconds West, 164.78 feet to a point; THENCE North 31 degrees 13 minutes 00 seconds West, 109.16 feet to a point; THENCE North 10 degrees 39 minutes 05 seconds East, 199.81 feet to the point or place of BEGINNING. IT isunderstood that above described parcel isan interior one and that access thereto will be had over other adjoining lands of the grantee and not over land of the grantor. Said parcel contains approximately 1.132 acres. TOGETHER with ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Incorporated Village of Muttontown, Town of Oyster Bay, Nassau County, State of New York, bounded and described as follows: BEGINNING at a point located on the Easterly side of Brookville Road, which point is located North 25 degrees 50 minutes West, 167.09 feet from the Northwesterly corner of land now or formerly of Patrick Hines and the Southwesterly corner of land now or formerly of Frank B. Brumby and Robert A. Brumby; RUNNING THENCE Northerly along the Easterly side of Brookville Road, North 25 degrees 50 minutes West, 167.09 feet to land now or formerly of Cribbins; THENCE along said land now or formerly of Cribbins, North 55 degrees 48 minutes East, 499.20 feet; North 53 degrees 40 minutes East, 295.27 feet; North 75 degrees 57 minutes East, 151.94 feet to land now or formerly of Patrick Hines; 5000-000063-FC/P4TRICIA KLEBER THENCE South along said land now or formerly of Patrick Hines, 10 degrees 8 minutes West, 148.42 feet; THENCE South 55 degrees 15 minutes 40 seconds West, 679.45 feet; THENCE South 51degrees 31 minutes 35 seconds West, 176.65 feet to the Easterly side of Brookville Road, said point being the point or place of BEGINNING, containing therein 3.1317 acres, according to a survey made by Murrett H. DeLorme, C.E., dated September 25, 1958. Premises known as 232 Brookville Road, Muttontown, New York 11545 5000-000063-FC/PATRTCIA KLEBER