Exhibit,Appendix: U.S. Bank Trust National Association, As Trustee Pf Dwelling Series Iv Trust v. Nancy Wiley, New York City Parking Violations Bureau, New York City Criminal Court, Washington Mutual Bank, A Federal Association, Frank A. Guido, New York City Department Of Motor Vehicles, Joseph Guido, Melissa Guido
On November 20, 2012 a
Exhibit,Appendix
was filed
involving a dispute between
Mtglq Investors, L.P.,
U.S. Bank Trust National Association, As Trustee Pf Dwelling Series Iv Trust,
Wells Fargo Bank, N.A.
As Successor By Merger To Wells Fargo Home Mortgage, Inc.,
and
Frank A. Guido,
Joseph Guido,
Melissa Guido,
Nancy Wiley,
New York City Criminal Court,
New York City Department Of Motor Vehicles,
New York City Parking Violations Bureau,
Washington Mutual Bank, A Federal Association,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Richmond County.
Preview
FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/13/2023
EXHIBIT H
FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/13/2023
ADM[N]STRATIVE ORDER OF THE
CHIEF ADMINISTRATIVE JUDGE OF THE COURTS
Pu.rsuant go the authority vested in me. at ghc directiori
of the Chief Judge, and consistem
with the Governor's determination approving the easing of restrictionson commerce imposed due
10 theCOVID-19 health cmergency. I hereby direct that.effective July 27. 2020, notwithstariding
the terms orany pnur administrative order, the Fo]Iowing prticedures and protocols sha]Iapply to
the conduci ofresidential and commetcia[ foreclosure matters before the New York Stage courts:
]. Stay of Comtnencement atid Enforcernent of Commercial Foreclosure Matters:
Consistent with Executive Order 202.2& "[tlihcre shallbe no initiation of a proceeding
or enforecrnent of ...a foreclosure of any ...comrnercial morI.gage, fornonpayment of
such inc>rtgage,owned ...by someanc thanis eligible hyruneroploymerti insurance or
benetits utwler stateor federal law or otherwise t'acingfinancial hardship due to the
pandemic"
COVID-19 fora period ending on August 19, 2020.
2. Filing and SetTice: Filing and service of process in residentialand commercial
foreclosure proceedings shall continue as sci forthin Administrative Order AO/I21/2D
(Exh. A). as amended.
3. Procedgres in Pending and Newiv-Filed Magters: Except insoi-aras a matter may
be stayed or otherwise governed by Governor Cuomo-s Executive Orders 202.8_
202.14, 202.28, 202.38, and 2D2 AE. esidentialand commercial foreclosure
matters rnay proceed as set forth below.
4. Conferences.
a. Prior to coriductirig
eny i-urgherproceedings iri
any forec]osure matter. the
cotzrtmust initiate
a stalus arsettlerriengcurtference (including. where
applicable, a settlemerittamference pursuant to CPI.R Rule 3408). Ifany
party does not appear at theconference, the courE shallreachedule and
make a second attempt to hold the confe ence before undertaking t-urther
proceeditngs.
b. At the conference., the courtshall review Ehe procedural history of the
matter; cotifirmcompliance with notice requirernents. tnquire into the
etTecis.ifany. that the COVID-19 pandemic H.as hadupon the parties
review any special reliefunder stateor federal law to which the parties
may be entitledin light of ghe pandemic. referunmpresented partiesto
local civillegalservice providers and housing counseling agencies; assess
any petiding and anticipated motiorw; approve briefing schedules
proposed by stipulationorthe pargies;and use best efforts(incl.Kling
referralto alternativedispute esolution) to resolve any outstanding
issues.
FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/13/2023
S. Rernote Procmlims: Any foreclosure conference or proceeding willbe conducted
rernotely to the extent
fullest pmoticable.
6. Motions: Following the conference in a foreclosure matter,the court may (1)
directfurther briefingof any motion as needed, and (2) issuea decision on arly
Instiottincluding a niotionfor foreclosurearulsale. Pending and newly-filed
motion be considered ami decided inallforeclosure matters --
may inch×ling
residentialand commercial rnattersin which one or both partiesare self-
matters,
represented, and matters comnienced prior toand duringthe COVID-19
pandemic. hi ordering reliefin a commestial foreclosurernatter,the court shall
stay enforcernent ifand as required under Executive Orders 202.28, 202-48, and
relatedExecutive Orders.
7. Auctiors
a. Continued Susoonsion of Aug jons: No auctionor saleof property in any
sesidentialor cornrnercialforeclosure matter shall be scheduled to occur
prior to October 15,2020.
b. Assessrnent of Auclion Practices: Priorto September 1, 2020,the
appropriate adininistrativejudge forcivil matters in cach judicialdistrict
shalldevelop appropriate procedures and protocols forthe safe and
healdifulconduct of such auctions within theirdistrictsin lightof the
COVID-19 pandernic.
3. Other Acolications and Hearines: Courts may enicitainother applications in foreclosure
inattem includizigbut nog limiged to post-judgmeng applications. Where necessary,
courts rnay alsoconduct hearings, including butnot lirnitedto good-faith hearings
pursuant to CPLR 3408(f). All such hearings will be conducted remotelyto the fullest
extent practicable.
9. Buis order shallnot affect procedures forthe filingand service of essentialmatters, and
otherwise supersedes the provisions of any Administrative Order inconsistent with its
terms.
-
f AdulinistrativeJ of Courts
Dated: July 23,2020
AO/157/20
Preview
FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/13/2023 EXHIBIT H FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/13/2023 ADM[N]STRATIVE ORDER OF THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS Pu.rsuant go the authority vested in me. at ghc directiori of the Chief Judge, and consistem with the Governor's determination approving the easing of restrictionson commerce imposed due 10 theCOVID-19 health cmergency. I hereby direct that.effective July 27. 2020, notwithstariding the terms orany pnur administrative order, the Fo]Iowing prticedures and protocols sha]Iapply to the conduci ofresidential and commetcia[ foreclosure matters before the New York Stage courts: ]. Stay of Comtnencement atid Enforcernent of Commercial Foreclosure Matters: Consistent with Executive Order 202.2& "[tlihcre shallbe no initiation of a proceeding or enforecrnent of ...a foreclosure of any ...comrnercial morI.gage, fornonpayment of such inc>rtgage,owned ...by someanc thanis eligible hyruneroploymerti insurance or benetits utwler stateor federal law or otherwise t'acingfinancial hardship due to the pandemic" COVID-19 fora period ending on August 19, 2020. 2. Filing and SetTice: Filing and service of process in residentialand commercial foreclosure proceedings shall continue as sci forthin Administrative Order AO/I21/2D (Exh. A). as amended. 3. Procedgres in Pending and Newiv-Filed Magters: Except insoi-aras a matter may be stayed or otherwise governed by Governor Cuomo-s Executive Orders 202.8_ 202.14, 202.28, 202.38, and 2D2 AE. esidentialand commercial foreclosure matters rnay proceed as set forth below. 4. Conferences. a. Prior to coriductirig eny i-urgherproceedings iri any forec]osure matter. the cotzrtmust initiate a stalus arsettlerriengcurtference (including. where applicable, a settlemerittamference pursuant to CPI.R Rule 3408). Ifany party does not appear at theconference, the courE shallreachedule and make a second attempt to hold the confe ence before undertaking t-urther proceeditngs. b. At the conference., the courtshall review Ehe procedural history of the matter; cotifirmcompliance with notice requirernents. tnquire into the etTecis.ifany. that the COVID-19 pandemic H.as hadupon the parties review any special reliefunder stateor federal law to which the parties may be entitledin light of ghe pandemic. referunmpresented partiesto local civillegalservice providers and housing counseling agencies; assess any petiding and anticipated motiorw; approve briefing schedules proposed by stipulationorthe pargies;and use best efforts(incl.Kling referralto alternativedispute esolution) to resolve any outstanding issues. FILED: RICHMOND COUNTY CLERK 01/13/2023 01:27 PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/13/2023 S. Rernote Procmlims: Any foreclosure conference or proceeding willbe conducted rernotely to the extent fullest pmoticable. 6. Motions: Following the conference in a foreclosure matter,the court may (1) directfurther briefingof any motion as needed, and (2) issuea decision on arly Instiottincluding a niotionfor foreclosurearulsale. Pending and newly-filed motion be considered ami decided inallforeclosure matters -- may inch×ling residentialand commercial rnattersin which one or both partiesare self- matters, represented, and matters comnienced prior toand duringthe COVID-19 pandemic. hi ordering reliefin a commestial foreclosurernatter,the court shall stay enforcernent ifand as required under Executive Orders 202.28, 202-48, and relatedExecutive Orders. 7. Auctiors a. Continued Susoonsion of Aug jons: No auctionor saleof property in any sesidentialor cornrnercialforeclosure matter shall be scheduled to occur prior to October 15,2020. b. Assessrnent of Auclion Practices: Priorto September 1, 2020,the appropriate adininistrativejudge forcivil matters in cach judicialdistrict shalldevelop appropriate procedures and protocols forthe safe and healdifulconduct of such auctions within theirdistrictsin lightof the COVID-19 pandernic. 3. Other Acolications and Hearines: Courts may enicitainother applications in foreclosure inattem includizigbut nog limiged to post-judgmeng applications. Where necessary, courts rnay alsoconduct hearings, including butnot lirnitedto good-faith hearings pursuant to CPLR 3408(f). All such hearings will be conducted remotelyto the fullest extent practicable. 9. Buis order shallnot affect procedures forthe filingand service of essentialmatters, and otherwise supersedes the provisions of any Administrative Order inconsistent with its terms. - f AdulinistrativeJ of Courts Dated: July 23,2020 AO/157/20