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FILED: BRONX COUNTY CLERK 08/08/2019 03:38 PM INDEX NO. 35507/2014E
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 08/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
NOTICE OF ENTRY
U.S. Bank National Association, as Trustee for Structured
Asset Investment Loan Trust, Mortgage Pass-Through
Certificates, Series 2005-8,
Plaintiff, Index No. 35507/2014E
-against-
Robert Dudley a/k/a Robert Dudly; City of New York
Environmental Control Board; City of New York Parking
Violations Bureau; City of New York Transit Adjudication
Bureau; Tiffany Jones; "Jane Doe"; "John Doe",
Defendants.
SIRS:
PLEASE TAKE NOTICE that the within is a true copy of an Order, duly entered in the
office of the clerk of the within named court on November 28, 2018.
DATED: August1, 2019
C. rapensteter, sq.
As ciate Attorney
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
TO:
Christopher P. Bilski, Esq.
D'ANGELICA & BILSKI, PLLC
Attorneys for Defendant, Robert Dudley
2705 Eastchester Rd.
Bronx, NY 10469
Served via E-Filing
10-001234 Notice of Entry Page 1 of1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Part 24
_______-..--------___________________-------..--------- X
U.S. Bank National Association, etc.,
Plaintiff,
-against- DECISION AND ORDER
Robert Dudley, etc., et al., Presenti Hon. Doris M. Gonzalez
Index No. 35507/2014E
Defendants.
Recitatics, as required by CPLR 2219(a), of the papers considered in the review of motion(s)
and/or cross-motion(s), as indicated below:
Papers Numbered
Order to Show Cause and Affidavits Annexed I
Opposition 2
Dafandant Robert inter to enjoin the
Dudley (hereinafter, "defendant") moves, alia,
foreclosure sale herein-and vacate the judgment of foreclosure and sale ---
The defendant, who has not appeared in this action, moves to vacate the judgment
of forad-ure and sale (Judgment, Feb. 22, 2016, Stinson, J.) forproperty located at 1354
Teller Avenue in Bronx County that was obtained on default. Service was made on
defendant by delivery and mailing to hisplace of employment at Poe Dudley & A33uciates
LLC Electrical Contractors, 6 East Clarke Place in Bronx
County.1
The plaintiff mai±
that the defendant does not reside at the premiaca at 1354 Teller Avenue, and that
accordingly service was made at defendant's place of empicyñient. Moreover, because the
plaintiff asserts that the premises are not owner occupied, no CPLR 3408 conference was
sought or held.
Defendant now moves to vacate the judgment. He attests that he lives on the third
out"
floor, and "rents two apartments. Defendant alleges that he first learned of the
1 Tothe extent thatdefendent argues that the mortgage.requires service at the martgaged premises,
"
that.provision governs "geqcas and has not been shown to include legalprocess.
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pendency of this action in February 2017 when he received a notice of sale by mail. He
asserts that he desires to obtain a loan modification.
Plaintiff asserts m oppumtion that five foreclosure sales, between May 16, 2016 and
March 27, 2017, were emcelled due to loss mitigation. Further, defendant filed for
bankruptcy on July 10, 2017, with the case being terminated on October 23, 2017.
Defendet's unsubstantiated and unelaborated denial of service is insufficient to
warrant vacating the judgment for lack of jurisdiction pursuant to CPLR 5015. A process
server's affidavit of service constitúté riina facie evid6nce of vulid servicõ (US Cänsedi±
v. APG, Inc., 82 A.D.3d 753 [2d Dept. 2011]), and defendant's general denial of service,
without any factual elaboration, is insüfficient to rebut the presumption established by the
process server's affidavit. (See Deutsche Bank Natl. Trust Co. v. Dixon, 93 A.D.3d 430 [2d
Dept. 2012] [in mortgage foreclosure action, defendant's conclusory denial of receipt of a
copy of the summons and complaint was insufñcient to rebut the presumption of proper
service established by the affidavit of the plaintiffs process server].) Defendant has not
denied that he worked at the premises where service was effectuated, or that the person
identified as accepting service was a person of suitable age and discretion. He has not
provided any evidence to contest the averments of the process server's affidavit other than
a mere statement that he was not served, which is insufficient under the circumst£ñces.
A party seeking to vacate a default pursuant to CPLR 5015(a)(1) must demonstrate a
reasonable excuse for his or her delay in appearing and answering the comp!±int, and a
potentially meritorious defense to the action. (PHH Mtge. Corp. v. Muricy, 135 A.D.3d 725
[2d Dept. 2016].) In the present case, plaintiff has not moved to yacate her default, .nor
established a reasonqble excuse for her defatfit.(Chasè Home Fin., LLC v Minott, 115 A.D.3d
634, 634 [2d Dept. 2014] [defendant's claims that she did not know that she needed to submit
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an answer, and that she relied on the advice of her real estate broker instead of censulting an
attorney, did not canslitute a reasonable excuse for her default] ; HSBC Bank USA, N.A. v.
Lafazan, 1 15A.D.3d 647 2d Dept. 2014] [appearance and participation, along with c0ünsel, at
ca*1a=aa* ceñferences did not provide a reasonable excuse for in
delay answering cersp!£iñt] ;
EMC Mtge. Corp. v. Toussaint, 136 A.D.3d 861[2d Dept. 2016] [as defenda.at failedto proffer
an excuse for failing to appear or answer the comp!eint, itwas unnecessary to consider whether
she sufficiently demonstrated the existence of a pctends:ly meritorious defense] ; BAC Home
Loans Servicing, .LP v. Reardon, 132 A.D.3d 790 [2d Dept. 2015] ["Hereethe.appellants
failed to offer any excuse for their default. Accordingly, it is not ry to consider
whether they demonstrated the existence of a potentially meritoricüs defense, including
lack of standing."])
. . To the extent that defendant's motion may be treated as also having been made to
vacate the default judgment based on excusable default pursuant to CPLR 5015 (a) (1),
defendant's con±=ory and unsubstantiated denial of service of the su--eas and
complaint did not caustitute a reaca-hla excuse for his default. (See HSBC Bank USA,
N.A. v Powell, 148 AD3d 1123, 1124, 51 N.Y.S.3d 116 [2d Dept. 2017] ; Town House St.,
LLC v New Fellowship Full Gospel Baptist Church, Inc., 29 AD3d 893, 894, 815 N.Y.S.2d
281 [2d.Dept. 2006]).
Defendant is not entitled to relief pursuant to CPLR 317. Defendant failed to
demonstrate that he did not receive actual notice of the summane and complaint in time to .
defend the action. Defendant's mere denial of receipt of the summons and complaint is
insufficient to establish lack of actual notice of the action for the purpose of CPLR 31p
(See Ultimate One Distrib. Corp. v 2900 Stillwell Ave., LLC, 140 AD3d 1054, 1055, 36
N.Y.S.3d 142 [2d Dept. 2016].) Moreover, defendant's mere assertion that he received
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notice of this action for the first time in February, 2017, is inconsistent with the fact that
he has been seeking loss mitigation since early 2016.
The fact that the defeñdset desires a loan modificatioñ does not present a defense.
(Flagstar Bank, FSB v. Davis, 50 Misc. 3d 1205(A), 28 N.Y.S.3d 648 [Sup. Ct., Suff. Co
2015] ["The failure to negotiate in good faith a loan modifcedon agreement or other
resolution of a defaulted loan is not a defense to a mortgage foreclosure claim."]i ÏlSBC
Bank USA, N.A. v. Rahman, 48 Misc. 3d 1230(A), 20 N.Y.S.3d 292 [Sup. Ct., Queens Co.
2015] ["The fact that .defendant wishes to modify the mortgage is not a defense to the
foreclosure action."])
Lastly, the defendant has not established a meritorious defense based on his claim
that he was improperly denied a CPLR .3408 conference. Defendant has not adduced
neither any evidence nor any document showing that he resides, or ever resided, at the
premises. Moreover, in the context of this action, where defendant has sought a loan
modiñcation remiting in the cancellation of numerous foreclosure sales, and has sought
bankruptcy pictection, no purpose would be secomplished by directing a CPLR 3408
conference
Accordingly, the motion is denied.
All stays are vacated.
This constitutes the Decision and Order of the Court.
Dated:
Hon. Doris . Gonzalez, J.S.C.
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| . .
At a(n) I.A.Term Part 8 of the Supreme
Court held in the County of Bronx, at the
County Court House ereof,-C-ity-of Bronx,
New York, on thelday of July, 2017.
DONALD A. MILES
PRESENT: HON , J.S.C.
SUPREME COURT STATE OF NEW YORK
COUNTY OF BRONX
-------------------------.-----------------------------------
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE :
FOR STRUCTIURED ASSET INVESTMENT LOAN :
MORTGAGE PASS-THROUGH : Index No.: 35507/2014E
TRUST,
CERTIFICATES, SERIES 2005-8
ORDER TO SHOW
:
CAUSE WITH
Plaintiff,
-vs- :
TEMPORARY
. . RESTRAINING OREDER
ROBERT DUDLEY A/1UA ROBERT DUDLY, NEW :
YORK CITY ENVIRONMENTAL CONTROL :
BOARD, NEW YORK CITY PARKINO VIOLATIONS :
BUREAU; NEW YORK CITY TRANSIT :
ADJUDICATION BUREAU, JOHN DOE ( Said name :
being fictious, itbeing intention of Plaintiff to designate
any and occupants of premises being foreclosed herein,
and any parties, corporations, entities, if any, having or
claiming an interest or lien upon the mortgaged premises)
Defendants.
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Christopher P. Bilski,
Esq., attorney for Defendant ROBERT DUDLEY, dated July 6, 2017 and the Affidavit of
ROBERT DUDLEY dated July 6, 2017, and exhibits annexM thereto as well as the pleadings
and proceedings heretofore had herein.
NOW, upon the Motion of Defendant's attomey, Christopher P. Bilski, Esq., itis
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ORDERED that Plaintiff show cause in this Cou t Room7Sd , IAS part 8 at 851
Grand Ceeceursc, Bronx, New York on the day of July 2017 at 9:30 A.M., or as soon
thereafter as Counsel can be heard why an order should not be granted:
(1) adjourning the public auction scheduled for July 10, 2017 of the subject residential
home located at 1354 Teller Avenue, Bronx, NY 10456 and directing Defendant
Robert Dudley and Plaintiff to the esª±ory foreclosure settlement conference part
as required under CPLR §3408 where Defend:ñt can apply for a loan modification;
. and
(2) holding in abeyance the Judgecñ: of Foreclosure and Sale dated March 4, 2016 and
the Order of Reference dated May 6, 2015 by the Honorable Betty Owen Stinson; or,
in the alternative,
(3)Mismissing the complaint pursuant to CPLR §317 for lack of personal service on the
. .
Defendant Robert Dudley; and
(4) why such and further relief as may be just and proper, and itis further,
ORDERED an the instant motion, Plaintiff,
that,
itsattorneys and the appointed referee, Bruce S. Povman, Esq.be cñjoined from selling,
transferring or assigning the resideñtial home located at 1354 Teller Avenue, Bronx, NY 10458
on July 10, 2017, and itis further,
ORDERED that, service of this Order, along with the papers upon which itis granted, be
deemed good and sufficient ifmade on or before the 1 day of July 2017, by-evemight-eetirier
to attorneys for Plaintiff, Shapiro, DiCaro & Barak, LLC, 175 Mile Crossing Boulevard,
Rochester, NY 14624 and b'y facsimile to Referee Bruce S. Poyman, Esq., 56 Malvern Lane,
DONALD A. MILEs
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SUPREME COURT
OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO. 35507/2014E
U.S. Bank National Association, as
Trustee for Structured Asset Investment
Loan Trust, Mortgage Pass-Through
Certificates, Series 2005-8,
Plaintiff,
-against-
Robert Dudley, et al.,
Defendants.
NOTICE OF ENTRY
WITH ORDER
SHAPIRO, DICARO & BARAK,
LLC
AlTORNEYS FOR PLAINTlFF
175 Mile CrossingBoulevard
Rochester,New York 14624
(585) 247-9000
8 of 8
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FILED: BRONX COUNTY CLERK 08/08/2019 03:38 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 08/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX NOTICE OF ENTRY U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2005-8, Plaintiff, Index No. 35507/2014E -against- Robert Dudley a/k/a Robert Dudly; City of New York Environmental Control Board; City of New York Parking Violations Bureau; City of New York Transit Adjudication Bureau; Tiffany Jones; "Jane Doe"; "John Doe", Defendants. SIRS: PLEASE TAKE NOTICE that the within is a true copy of an Order, duly entered in the office of the clerk of the within named court on November 28, 2018. DATED: August1, 2019 C. rapensteter, sq. As ciate Attorney SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 TO: Christopher P. Bilski, Esq. D'ANGELICA & BILSKI, PLLC Attorneys for Defendant, Robert Dudley 2705 Eastchester Rd. Bronx, NY 10469 Served via E-Filing 10-001234 Notice of Entry Page 1 of1 1 of 8 FILED: BRONX COUNTY CLERK 08/08/2019 03:38 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 08/08/2019 FILED BRONX COUNTY CLERK 11/28/2018 INDEX NO. 35507 /2014E : 0 4 : 25 PH NYSCEF DOC. NO. 70 RECEIVED NY SCEF: 11/28 /2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Part 24 _______-..--------___________________-------..--------- X U.S. Bank National Association, etc., Plaintiff, -against- DECISION AND ORDER Robert Dudley, etc., et al., Presenti Hon. Doris M. Gonzalez Index No. 35507/2014E Defendants. Recitatics, as required by CPLR 2219(a), of the papers considered in the review of motion(s) and/or cross-motion(s), as indicated below: Papers Numbered Order to Show Cause and Affidavits Annexed I Opposition 2 Dafandant Robert inter to enjoin the Dudley (hereinafter, "defendant") moves, alia, foreclosure sale herein-and vacate the judgment of foreclosure and sale --- The defendant, who has not appeared in this action, moves to vacate the judgment of forad-ure and sale (Judgment, Feb. 22, 2016, Stinson, J.) forproperty located at 1354 Teller Avenue in Bronx County that was obtained on default. Service was made on defendant by delivery and mailing to hisplace of employment at Poe Dudley & A33uciates LLC Electrical Contractors, 6 East Clarke Place in Bronx County.1 The plaintiff mai± that the defendant does not reside at the premiaca at 1354 Teller Avenue, and that accordingly service was made at defendant's place of empicyñient. Moreover, because the plaintiff asserts that the premises are not owner occupied, no CPLR 3408 conference was sought or held. Defendant now moves to vacate the judgment. He attests that he lives on the third out" floor, and "rents two apartments. Defendant alleges that he first learned of the 1 Tothe extent thatdefendent argues that the mortgage.requires service at the martgaged premises, " that.provision governs "geqcas and has not been shown to include legalprocess. 1 of 6 2 of 8 FILED: BRONX COUNTY CLERK 08/08/2019 03:38 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 08/08/2019 INDEX NO. 35507/2014E |FILED : BRONX COUNTY CLERK 11/ 2 8 / 2018 0 4 : 25 P1 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/28/2018 pendency of this action in February 2017 when he received a notice of sale by mail. He asserts that he desires to obtain a loan modification. Plaintiff asserts m oppumtion that five foreclosure sales, between May 16, 2016 and March 27, 2017, were emcelled due to loss mitigation. Further, defendant filed for bankruptcy on July 10, 2017, with the case being terminated on October 23, 2017. Defendet's unsubstantiated and unelaborated denial of service is insufficient to warrant vacating the judgment for lack of jurisdiction pursuant to CPLR 5015. A process server's affidavit of service constitúté riina facie evid6nce of vulid servicõ (US Cänsedi± v. APG, Inc., 82 A.D.3d 753 [2d Dept. 2011]), and defendant's general denial of service, without any factual elaboration, is insüfficient to rebut the presumption established by the process server's affidavit. (See Deutsche Bank Natl. Trust Co. v. Dixon, 93 A.D.3d 430 [2d Dept. 2012] [in mortgage foreclosure action, defendant's conclusory denial of receipt of a copy of the summons and complaint was insufñcient to rebut the presumption of proper service established by the affidavit of the plaintiffs process server].) Defendant has not denied that he worked at the premises where service was effectuated, or that the person identified as accepting service was a person of suitable age and discretion. He has not provided any evidence to contest the averments of the process server's affidavit other than a mere statement that he was not served, which is insufficient under the circumst£ñces. A party seeking to vacate a default pursuant to CPLR 5015(a)(1) must demonstrate a reasonable excuse for his or her delay in appearing and answering the comp!±int, and a potentially meritorious defense to the action. (PHH Mtge. Corp. v. Muricy, 135 A.D.3d 725 [2d Dept. 2016].) In the present case, plaintiff has not moved to yacate her default, .nor established a reasonqble excuse for her defatfit.(Chasè Home Fin., LLC v Minott, 115 A.D.3d 634, 634 [2d Dept. 2014] [defendant's claims that she did not know that she needed to submit 2 of 6 3 of 8 FILED: BRONX COUNTY CLERK 08/08/2019 03:38 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 71 RECEIVED INDEX NYSCEF: NO. 08/08/2019 35507/2014E |FILED : BRONX COUNTY CLERK 11/28 /2018 0 4 :25 PlMil NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/28/2018 an answer, and that she relied on the advice of her real estate broker instead of censulting an attorney, did not canslitute a reasonable excuse for her default] ; HSBC Bank USA, N.A. v. Lafazan, 1 15A.D.3d 647 2d Dept. 2014] [appearance and participation, along with c0ünsel, at ca*1a=aa* ceñferences did not provide a reasonable excuse for in delay answering cersp!£iñt] ; EMC Mtge. Corp. v. Toussaint, 136 A.D.3d 861[2d Dept. 2016] [as defenda.at failedto proffer an excuse for failing to appear or answer the comp!eint, itwas unnecessary to consider whether she sufficiently demonstrated the existence of a pctends:ly meritorious defense] ; BAC Home Loans Servicing, .LP v. Reardon, 132 A.D.3d 790 [2d Dept. 2015] ["Hereethe.appellants failed to offer any excuse for their default. Accordingly, it is not ry to consider whether they demonstrated the existence of a potentially meritoricüs defense, including lack of standing."]) . . To the extent that defendant's motion may be treated as also having been made to vacate the default judgment based on excusable default pursuant to CPLR 5015 (a) (1), defendant's con±=ory and unsubstantiated denial of service of the su--eas and complaint did not caustitute a reaca-hla excuse for his default. (See HSBC Bank USA, N.A. v Powell, 148 AD3d 1123, 1124, 51 N.Y.S.3d 116 [2d Dept. 2017] ; Town House St., LLC v New Fellowship Full Gospel Baptist Church, Inc., 29 AD3d 893, 894, 815 N.Y.S.2d 281 [2d.Dept. 2006]). Defendant is not entitled to relief pursuant to CPLR 317. Defendant failed to demonstrate that he did not receive actual notice of the summane and complaint in time to . defend the action. Defendant's mere denial of receipt of the summons and complaint is insufficient to establish lack of actual notice of the action for the purpose of CPLR 31p (See Ultimate One Distrib. Corp. v 2900 Stillwell Ave., LLC, 140 AD3d 1054, 1055, 36 N.Y.S.3d 142 [2d Dept. 2016].) Moreover, defendant's mere assertion that he received 3 3 of 6 4 of 8 FILED: BRONX COUNTY CLERK 08/08/2019 03:38 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 71 RECEIVED INDEXNYSCEF: NO. 08/08/2019 35507/2014E [FILED : BRONX COUNTY CLERK 11/28/ 2018 04 : 25 P1d NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/28/2018 notice of this action for the first time in February, 2017, is inconsistent with the fact that he has been seeking loss mitigation since early 2016. The fact that the defeñdset desires a loan modificatioñ does not present a defense. (Flagstar Bank, FSB v. Davis, 50 Misc. 3d 1205(A), 28 N.Y.S.3d 648 [Sup. Ct., Suff. Co 2015] ["The failure to negotiate in good faith a loan modifcedon agreement or other resolution of a defaulted loan is not a defense to a mortgage foreclosure claim."]i ÏlSBC Bank USA, N.A. v. Rahman, 48 Misc. 3d 1230(A), 20 N.Y.S.3d 292 [Sup. Ct., Queens Co. 2015] ["The fact that .defendant wishes to modify the mortgage is not a defense to the foreclosure action."]) Lastly, the defendant has not established a meritorious defense based on his claim that he was improperly denied a CPLR .3408 conference. Defendant has not adduced neither any evidence nor any document showing that he resides, or ever resided, at the premises. Moreover, in the context of this action, where defendant has sought a loan modiñcation remiting in the cancellation of numerous foreclosure sales, and has sought bankruptcy pictection, no purpose would be secomplished by directing a CPLR 3408 conference Accordingly, the motion is denied. All stays are vacated. This constitutes the Decision and Order of the Court. Dated: Hon. Doris . Gonzalez, J.S.C. . 4 of 6 5 of 8 FILED: BRONX COUNTY CLERK 08/08/2019 03:38 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 71 RECEIVED INDEX NYSCEF: NO. 08/08/2019 35507/2014E FILED : BRONX COUNTY CLERK 11/28 /2018 0 4 : 25 P1 N CE D C. NO. 70 RECEIVED NYSCEF: 11/28/2018 | . . At a(n) I.A.Term Part 8 of the Supreme Court held in the County of Bronx, at the County Court House ereof,-C-ity-of Bronx, New York, on thelday of July, 2017. DONALD A. MILES PRESENT: HON , J.S.C. SUPREME COURT STATE OF NEW YORK COUNTY OF BRONX -------------------------.----------------------------------- U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE : FOR STRUCTIURED ASSET INVESTMENT LOAN : MORTGAGE PASS-THROUGH : Index No.: 35507/2014E TRUST, CERTIFICATES, SERIES 2005-8 ORDER TO SHOW : CAUSE WITH Plaintiff, -vs- : TEMPORARY . . RESTRAINING OREDER ROBERT DUDLEY A/1UA ROBERT DUDLY, NEW : YORK CITY ENVIRONMENTAL CONTROL : BOARD, NEW YORK CITY PARKINO VIOLATIONS : BUREAU; NEW YORK CITY TRANSIT : ADJUDICATION BUREAU, JOHN DOE ( Said name : being fictious, itbeing intention of Plaintiff to designate any and occupants of premises being foreclosed herein, and any parties, corporations, entities, if any, having or claiming an interest or lien upon the mortgaged premises) Defendants. PLEASE TAKE NOTICE, that upon the annexed Affirmation of Christopher P. Bilski, Esq., attorney for Defendant ROBERT DUDLEY, dated July 6, 2017 and the Affidavit of ROBERT DUDLEY dated July 6, 2017, and exhibits annexM thereto as well as the pleadings and proceedings heretofore had herein. NOW, upon the Motion of Defendant's attomey, Christopher P. Bilski, Esq., itis 5 of 6 6 of 8 FILED: BRONX COUNTY CLERK 08/08/2019 03:38 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 71 RECEIVED INDEX NYSCEF: NO. 08/08/2019 35507/2014E FILED: BRONX COUNTY CLERK 11/28 /2018 04 :25 PÑ] NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 11/28/2018 ORDERED that Plaintiff show cause in this Cou t Room7Sd , IAS part 8 at 851 Grand Ceeceursc, Bronx, New York on the day of July 2017 at 9:30 A.M., or as soon thereafter as Counsel can be heard why an order should not be granted: (1) adjourning the public auction scheduled for July 10, 2017 of the subject residential home located at 1354 Teller Avenue, Bronx, NY 10456 and directing Defendant Robert Dudley and Plaintiff to the esª±ory foreclosure settlement conference part as required under CPLR §3408 where Defend:ñt can apply for a loan modification; . and (2) holding in abeyance the Judgecñ: of Foreclosure and Sale dated March 4, 2016 and the Order of Reference dated May 6, 2015 by the Honorable Betty Owen Stinson; or, in the alternative, (3)Mismissing the complaint pursuant to CPLR §317 for lack of personal service on the . . Defendant Robert Dudley; and (4) why such and further relief as may be just and proper, and itis further, ORDERED an the instant motion, Plaintiff, that, itsattorneys and the appointed referee, Bruce S. Povman, Esq.be cñjoined from selling, transferring or assigning the resideñtial home located at 1354 Teller Avenue, Bronx, NY 10458 on July 10, 2017, and itis further, ORDERED that, service of this Order, along with the papers upon which itis granted, be deemed good and sufficient ifmade on or before the 1 day of July 2017, by-evemight-eetirier to attorneys for Plaintiff, Shapiro, DiCaro & Barak, LLC, 175 Mile Crossing Boulevard, Rochester, NY 14624 and b'y facsimile to Referee Bruce S. Poyman, Esq., 56 Malvern Lane, DONALD A. MILEs 6 of 6 7 of 8 FILED: BRONX COUNTY CLERK 08/08/2019 03:38 PM INDEX NO. 35507/2014E NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 08/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. 35507/2014E U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2005-8, Plaintiff, -against- Robert Dudley, et al., Defendants. NOTICE OF ENTRY WITH ORDER SHAPIRO, DICARO & BARAK, LLC AlTORNEYS FOR PLAINTlFF 175 Mile CrossingBoulevard Rochester,New York 14624 (585) 247-9000 8 of 8