Preview
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
EXHIBIT J
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
DAVID A. GALLO & ASSOCIATESLLP
ATTORNEYS AT LAW
95-25 QUEENS BOULEVARD
ELEVENTH FLOOR
REGO PARK, NEW YORK11374
(718) 459-2634
FAX: (718) 459-0999
vosa commo
DAVID A. GALLO
KATHLEEN CLIFFORD GALLO '
ROBERTM. LINK* MEMBER OF N.Y. & N.J.
ROSEMARIEA, KLIE
MELANIE A. SWEENEY
ERIC M. ZISK
AMANIE A. AKARAH
OLUWATOYIN O. AKINOLA*
NINA KHAIMOVA
SOLOMONA. FRAGER April D , 2017
JACQUELINEC. MISSICK
JONATHAN M. COHEN
RAQUEL FELIX
ALEXANDRA C. MINK
RASPREETBHATIA
Avrohom Gefen, Esq.
3000 Marcus Ave., Ste 19
Lake Success, NY 11042
RE: CITIMORTGAGE, INC. v. EDUARDO CASTRO, PAOLA CASTRO AND
MARLON CASTRO, et al.
Index No.: 7455/2014; Our File No.: 4722.1051
Dear Mr. Gefen:
This letter is to confirm that the public auction in the above referenced action is scheduled for May 9,
2017 @ 11:30 a.m. at (CCP) Calendar Control Part Court Room of the Nassau Supreme Court, 100
Supreme Court Dr., Mineola, NY.
Enclosed please find a copy of the Notice of Sale for your reference. Please do not conduct the Sale until
our Representative arrives with the Sale Documents and Bidding Instructions. If there is an issue in this
regard, please contact the undersigned.
Thank you for your cooperation in the matter.
DAVID A. GALLO & ASSOCIATES LLP
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
CITIMORTGAGE, INC., Index No.: 7455/2014
Plaintiff,
-against-
26 ARCHER ROAD
EDUARDO CASTRO, PAOLA CASTRO AND MARLON WEST HEMPSTEAD, NY 11552
CASTRO, et al.,
Defendant(s).
REDACTION COVER PAGE
CHECK ALL THAT APPLY
The document filed contains no confidential personal information, as defined in 22 NYCRR 202.5(e).
The document filed is REDACTED in accordance with 22 NYCRR 202.5(e).
The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e).
(a) The document filed contains SSN (as authorized by the order specified below).
(b) The document filed contains confidential personal information as defined
under 22 NYCRR 202.5(e) (as authorized by the order specified below).
This document was previously filed REDACTED.
Date:
This document was previously filed UN-REDACTED.
Date:
The document filed seeks a remedy under 22 NYCRR 202.5(e)(2).
The document filed seeks a remedy under 22 NYCRR 202.5(e)(3).
Additional information:
There is a previously filed order of the Court regarding this document: n/a
Date of order:
Date order filed:
Other identifying information for such order:
The order of the Court is being filed with the redacted / un-redacted document: n/a
Date of order:
Other infor atio f r ch order: -
identifying
Signature of filer
Print Name Alexand . Mink, Esq.
Counsel appearing for CitiMortgage, Inc. (name of party)
Filer is Unrepresented/Pro se: no
Date: April 3 , 2017
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT STATE OF NEW YORK Index No. 7455/2014
COUNTY OF NASSAU
_________________________________________________________________Ç
CITIMORTGAGE, INC.,
Plaintiff,
- against -
NOTICE OF SALE
EDUARDO CASTRO, PAOLA CASTRO AND MARLON
CASTRO, ET AL,
Defendants.
_____________________________________________________Ç
Pursuant to a Judgment of Foreclosure and Sale entered on January 12, 2017, within is a
copy of the Notice of Sale for the above captioned matter.
Dated: Rego Park, New York
April 3_, 2017
DAVID A. GALLO & ASSOCIATES LLP
By:
ALEXANDRA C. MINK, ESQ.
Attorneys for Plaintiff
95-25 Queens Boulevard
11th
PlOOr
Rego Park, New York 11374
(718) 459-2634
To: EDUARDO CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
PAOLA CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
MARLON CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
AVROHOM GEFEN, ESQ.
REFEREE
3000 MARCUS AVE., STE 1E9
LAKE SUCCESS, NY 11042
TENANTS/OCCUPANTS IN POSSESSION
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT - COUNTY OF NASSAU
Plaintiff -against- EDUARDO PAOLA CASTRO and
CITIMORTGAGE, INC., CASTRO,
MARLON CASTRO, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered
herein and dated November 3, 2016, I, the undersigned Referee will sell at public auction at (CCP)
Calendar Control Part Court Room of the Nassau Supreme Court, 100 Supreme Court Dr.,
Mineola, NY on May 9, 2017 at 11:30 a.m. premises situate, lying and being at West Hempstead,
Town of Hempstead, County of Nassau and State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Chamberlin Road
with the westerly side of Archer Road; being a plot 50.00 feet by 100.00 feet by 50.00 feet by
100.00 feet. Section 34 Block 316 Lot 169.
Said premises known as 26 ARCHER ROAD, WEST HEMPSTEAD, NY
Approximate amount of lien $582,286.27 plus interest & costs.
Premises will be sold subject to provisions of filed Judgment and Terms of Sale.
If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of
the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the
Mortgagee or the Mortgagee's attorney.
Index Number 7455/2014.
AVROHOM GEFEN, ESQ., Referee
David A. Gallo & Associates LLP
Attorney(s) for Plaintiff
95-25 Queens Boulevard, 11th Floor, Rego Park, NY 11374
File# 4722.105 1
{*
WEST HEMPl*}
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT STATE OF NEW YORK Index No. 7455/2014
COUNTY OF NASSAU
_____________--------------------------_________--------X
CITIMORTGAGE, INC.,
Plaintiff,
- against -
AFFIDAVIT OF SERVICE
BY MAIL
EDUARDO CASTRO, PAOLA CASTRO AND MARLON
CASTRO, ET AL,
Defendants.
----________ _-----------------------------__---------X
STATE OF NEW YORK)
COUNTY OF QUEENS ) ss.:
I, the undersigned, being duly sworn, say: I am not a party to the action, am over 18 years of age
and reside in Queens, County in the State of New York.
On Aprild, 2017, I served the within Notice of Sale by mailing a copy to each of the following
persons at the last known address as set forth below:
EDUARDO CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
PAOLA CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
MARLON CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
AVROHOM GEFEN, ESQ.
REFEREE
3000 MARCUS AVE., STE IE9
LAKE SUCCESS, NY 11042
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
TENANTS/OCCUPANTS IN POSSESSION
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
Y i inas
_
Sworn to before me this
day of April, 2017
Notary Signature
Affix Notary Seal below:
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
Index No.: 7455/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
CITIMORTGAGE, INC.,
Plaintiff,
-against-
EDUARDO CASTRO, PAOLA CASTRO AND MARLON CASTRO, et al.
Defendants
NOTICE OF SALE
Si a e e 130-1.1-a)
Alexan ra C. Mink, Esq.
DAVID A. GALLO & ASSOCIATES LLP
Attorneys for PLAINTIFF
95-25 Queens Boulevard
11th Floor
Rego Park, New York11374
(718) 459-2634
Our file #: 4722.1051
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
Attorney's for:
Sir:-Please take notice
? NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on 20
? NOTICE OF SETTLEMENT
that an order of which the within is a true copy will be presented for
settlement to the HON. one of the judges
of the within named court, at
on 20 at M.
Dated,
Yours, etc.
DAVID A. GALLO & ASSOCIATES LLP
Office & P.O. Address
95-25 Queens Boulevard, 11th Floor
Rego Park, New York11374
(718) 459-2634
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT STATE OF NEW YORK Index No. 7455/2014
COUNTY OF NASSAU
-----------------------------------------------------------X
CITIMORTGAGE, INC.,
Plaintiff,
- against -
NOTICE OF ENTRY
EDUARDO CASTRO, PAOLA CASTRO AND MARLON
CASTRO, ET AL,
Defendants.
-..----------------------------------------------------X
TAKE NOTICE that the within is a true copy of a Final Judgment of Foreclosure and Sale
duly signed and entered in the office of the Clerk of the Supreme Court of the State of New York,
County of Nassau on or about January 12, 2017.
Dated: Rego Park, New York
April 3 , 2017
DAVID A. GALLO & ASSOCIATES LLP
By:
ALEXAN C. MINK, ESQ.
Attorneys for Plaintiff
95-25 Queens Boulevard
11th
PlOOr
Rego Park, New York 11374
(718) 459-2634
To: EDUARDO CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
PAOLA CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
MARLON CASTRO
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
AVROHOM GEFEN, ESQ.
REFEREE
3000 MARCUS AVE., STE 1E9
LAKE SUCCESS, NY 11042
TENANTS/OCCUPANTS IN POSSESSION
26 ARCHER ROAD
WEST HEMPSTEAD, NY 11552
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
At a Foreclosure Part of the Supreme Court of
the State of New
York, held in and for the
County of Nassau at the Courthouse thereof,
100 Supreme Court Drive, Mineola, New York
on the_day of ,2016.
P R E S E N T:
HON. THOMAS A. ADAMS, p
J.S.C.
CITIMORTGAGE,INC., Index No. 7455/2014
Plaintiff, FINAL JUDGMENT OF
-against-
FORECL OSURE AND
SALE
EDUARDO CASTRO, PAOLA CASTRO, and MARLON
CASTRO, PREMISES ADDRESS:
26 ARCHER ROAD, WEST
Defendänts'
HEMPSTEAD, County of
Nassau, State of New York
11552
Upon the Summon Complaint and Notice of Pendency of Action duly led in this
action on 31st day oM6ly, 2014, and all proceeding thereon, and on reading and filing the
Affirmation of Regularity of David A. Gallo & Associates LLP, by Rosemarie A. Klie, Esq.,
dated September 016, and the Affirmation for execution of Judgment of Foreclosure and
Sale, by Rosemarie A. Klie, Esq., dated e day of September, 2016, showing that each of
the Defendants herein have been duly served with the Summons and Complaintin this action, or
have voluntarily appeared by their respective attorneys, and stating that more than the legally
required number of days had elapsed since said Defendants were so served and/or appeared; and
that none of the Defendants had served any answer to said-Complaint, nor had their time to do
so been extended or, if they had served an answer, it was dismissed by summary judgment or
stipulation of the parties, and upon the attached affidavÓf mailing reflecting compliance with
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
9 "
CPLR 3215(g)(3)(iii); and that the Plaintiffkfas complied withNew York law regarding RPAPL
1304 and CPLR 3408; and that the Compla'int herein and Notice of Penden y of this action
containing all the particulars required to be stateftherein was duly filed in the Off e of the
Clerk of the County of Nassau on the Mth day of JamdÏry, 39¾, and an Ord(r of Reference
having been duly executed where a Referee was appointed to compute the amount due to the
Plaintiff upon the bond/note and mortgage set forth in the Compl'aint and said Referee having
examined and reported whether the mortgaged premises c,an be sold in parcels,
AND, on readin(and filing the Report of Avrohom Gefen, Esq., the Referee named in
saidOrder of Reference, by which RepoE bearing the 17th day of Augustf2016, it appears that
the sum of $582.286.2(was due thereonfát the date computed to in said Report and that the
mortgaged premises cannot be sojd-in parcels.
NOW, upon proof of due notice of this application upon all parties who had not waived
the same,
ON MOTION of David A. Gallo & Associates LLP, attorneys for the Plaintiff, it is
ORDERED, AD JUDGED AND DECREED, that the mfetion is hereby granted without
opposition; and it is further
ORDERED, ADJUDGED AND DECREED, that the report of the Referee, be and the
same is hereby in all respects ratified and confirmed; and it,is further
ORDERED, AD JUDGED and DECREED, that the mortgaged premises, as described in
the Complaint in the action be sold at public auction at the Calendar Control Part (CCP)
Courtroom of the Supreme Court of Nassau County, 100 Supreme Court Drive, Mineola,
New York **on a Tuesday at 11:30am**, by and under the direction of Avrohom Gefen,
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
3 EV T 7 who is hereby appointed as Referee for that that the
Esq., Referee, purpose;
said Referee give public notice of the time and place of such sale according to law and the
. NEST HEMPSTEAD
practice of this Court, in an official publication,
/'
to wit: __ HERALD2 ENDO BLVD _; Or
GARDEN CITY WEsT
in any publication in compliance with RP APL 231; and It is further
ORDERED, ADJUDGED and DECREED, that the Referee at the time of sale may
accept a written bid from the Plaintiff or the Plaintiff's attorneys, just as though the Plaintiff
were physically present to submit said bid; and it is further
is"
ORDERED, AD JUDGED and DECREED, that the premises be sold in "as condition
defined as the condition of the premises are in as of the date of sale and continuing through the
date of closing, and that said sale shall be subject to:
a. Rights of the public and others in and to any part of the mortgaged
premises that lies within the bounds of any street, alley, or highway; restrictions and easements
of record;
b. Any state of facts that an accurate, currently dated survey might disclose;
c. Rights of tenants, occupants or squatters, if any. It shall be the
responsibility of the Purchaser to evict or remove any parties in possession of the premises being
foreclosed. There shall be no pro-rata adjustment in favor of the purchaser for any rents that are
paid for a period after the date of the foreclosure sale.
d. The right of redemption of the United States of America, if any;
e. Any prior mortgages, judgments or liens; and It is further
ORDERED, AD JUDGED AND DECREED, that the Plaintitor any other parties to this
action become the purchaser or purchasers at such sale; that imtlie case the Plaintiff shall
may
. .
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
, .
become the purchaser at the said sale, it shall not be required to make any deposit thereon; and it
is further
ORDERED, ADJUDGED AND DECREED that the Reféree conducting the sale shall
pay out of the proceeds of sale all taxes, assessments, sewerrents and water rates which are liens
upon the property at time of sale. Purchaser shall be responsible for interest due on any real
property tax lions accruing after the first day of the month follpwing the foreclosure sale; and it
is further
ORDERED, ADJUDGED AND DECREED, that the Referee then take the remaining
proceeds of sale and deposit them in his own name as Referee in his account or other separate
1ALLsYNATIONALBANK
.22oLo couurny noAo
account in MEOLA,NMM , and in addition to
executing a deed to the purchaser(s) of the premises sold, shall thereafte/make the following
payments and his checks drawn for that purpose.
F_irst: The statutory fees of said Referee, Avrohom Gefen, Esq., for conducting the sale
of $1J07 as and for his fee for conducting the sale, pursuant to CPLR 8003
Second: The Referee shall pay the costs of advertising/posting as listed on bills
presented to and certified by the Referee to be correct, duplicate cojfies of which shall be
annexed to the report of sale when filed.
CC6 5 cleem
Third: Said Referee shall also pay to the Plaintiff for costs aId disbursements in this fee t e“!er
action, to be taxed by the clerk and inserted herein, with interest at the legal rate thereon form
the date of entry hereof.
Ad ditional Allowance. ) o o · P is hereby awarded to the Plaintiff in addition to
costs with interest at the legal rate thereon from the date of entpy hereof,
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023
Amount Due per Referee's Report. $582,286d7, said,amount so reported due as
aforesaid together with interest at the rate in the note and mortgage thereon from the date
computed to in said Report until the date of entry of this judgmenÝwi nterest at the statutory
rate thereon until the date of transfer of the Referee's Deed, or so much of the purchase money
as will the same, and that he take receipt for said payment and file it with his report of sale.
Attorneys Fees. $ co,cP is hereby awarded to the Plaintiff as reasonable legal
fees herein, with legal interest from the date of eptry of judgment.
Plaintiff, may, after entry of this judgment, add to the amount due any and all advances
made by Plaintiff for inspection fees, maintenance
Preview
FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 EXHIBIT J FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 DAVID A. GALLO & ASSOCIATESLLP ATTORNEYS AT LAW 95-25 QUEENS BOULEVARD ELEVENTH FLOOR REGO PARK, NEW YORK11374 (718) 459-2634 FAX: (718) 459-0999 vosa commo DAVID A. GALLO KATHLEEN CLIFFORD GALLO ' ROBERTM. LINK* MEMBER OF N.Y. & N.J. ROSEMARIEA, KLIE MELANIE A. SWEENEY ERIC M. ZISK AMANIE A. AKARAH OLUWATOYIN O. AKINOLA* NINA KHAIMOVA SOLOMONA. FRAGER April D , 2017 JACQUELINEC. MISSICK JONATHAN M. COHEN RAQUEL FELIX ALEXANDRA C. MINK RASPREETBHATIA Avrohom Gefen, Esq. 3000 Marcus Ave., Ste 19 Lake Success, NY 11042 RE: CITIMORTGAGE, INC. v. EDUARDO CASTRO, PAOLA CASTRO AND MARLON CASTRO, et al. Index No.: 7455/2014; Our File No.: 4722.1051 Dear Mr. Gefen: This letter is to confirm that the public auction in the above referenced action is scheduled for May 9, 2017 @ 11:30 a.m. at (CCP) Calendar Control Part Court Room of the Nassau Supreme Court, 100 Supreme Court Dr., Mineola, NY. Enclosed please find a copy of the Notice of Sale for your reference. Please do not conduct the Sale until our Representative arrives with the Sale Documents and Bidding Instructions. If there is an issue in this regard, please contact the undersigned. Thank you for your cooperation in the matter. DAVID A. GALLO & ASSOCIATES LLP FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CITIMORTGAGE, INC., Index No.: 7455/2014 Plaintiff, -against- 26 ARCHER ROAD EDUARDO CASTRO, PAOLA CASTRO AND MARLON WEST HEMPSTEAD, NY 11552 CASTRO, et al., Defendant(s). REDACTION COVER PAGE CHECK ALL THAT APPLY The document filed contains no confidential personal information, as defined in 22 NYCRR 202.5(e). The document filed is REDACTED in accordance with 22 NYCRR 202.5(e). The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e). (a) The document filed contains SSN (as authorized by the order specified below). (b) The document filed contains confidential personal information as defined under 22 NYCRR 202.5(e) (as authorized by the order specified below). This document was previously filed REDACTED. Date: This document was previously filed UN-REDACTED. Date: The document filed seeks a remedy under 22 NYCRR 202.5(e)(2). The document filed seeks a remedy under 22 NYCRR 202.5(e)(3). Additional information: There is a previously filed order of the Court regarding this document: n/a Date of order: Date order filed: Other identifying information for such order: The order of the Court is being filed with the redacted / un-redacted document: n/a Date of order: Other infor atio f r ch order: - identifying Signature of filer Print Name Alexand . Mink, Esq. Counsel appearing for CitiMortgage, Inc. (name of party) Filer is Unrepresented/Pro se: no Date: April 3 , 2017 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT STATE OF NEW YORK Index No. 7455/2014 COUNTY OF NASSAU _________________________________________________________________Ç CITIMORTGAGE, INC., Plaintiff, - against - NOTICE OF SALE EDUARDO CASTRO, PAOLA CASTRO AND MARLON CASTRO, ET AL, Defendants. _____________________________________________________Ç Pursuant to a Judgment of Foreclosure and Sale entered on January 12, 2017, within is a copy of the Notice of Sale for the above captioned matter. Dated: Rego Park, New York April 3_, 2017 DAVID A. GALLO & ASSOCIATES LLP By: ALEXANDRA C. MINK, ESQ. Attorneys for Plaintiff 95-25 Queens Boulevard 11th PlOOr Rego Park, New York 11374 (718) 459-2634 To: EDUARDO CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 PAOLA CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 MARLON CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 AVROHOM GEFEN, ESQ. REFEREE 3000 MARCUS AVE., STE 1E9 LAKE SUCCESS, NY 11042 TENANTS/OCCUPANTS IN POSSESSION 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT - COUNTY OF NASSAU Plaintiff -against- EDUARDO PAOLA CASTRO and CITIMORTGAGE, INC., CASTRO, MARLON CASTRO, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered herein and dated November 3, 2016, I, the undersigned Referee will sell at public auction at (CCP) Calendar Control Part Court Room of the Nassau Supreme Court, 100 Supreme Court Dr., Mineola, NY on May 9, 2017 at 11:30 a.m. premises situate, lying and being at West Hempstead, Town of Hempstead, County of Nassau and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Chamberlin Road with the westerly side of Archer Road; being a plot 50.00 feet by 100.00 feet by 50.00 feet by 100.00 feet. Section 34 Block 316 Lot 169. Said premises known as 26 ARCHER ROAD, WEST HEMPSTEAD, NY Approximate amount of lien $582,286.27 plus interest & costs. Premises will be sold subject to provisions of filed Judgment and Terms of Sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney. Index Number 7455/2014. AVROHOM GEFEN, ESQ., Referee David A. Gallo & Associates LLP Attorney(s) for Plaintiff 95-25 Queens Boulevard, 11th Floor, Rego Park, NY 11374 File# 4722.105 1 {* WEST HEMPl*} FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT STATE OF NEW YORK Index No. 7455/2014 COUNTY OF NASSAU _____________--------------------------_________--------X CITIMORTGAGE, INC., Plaintiff, - against - AFFIDAVIT OF SERVICE BY MAIL EDUARDO CASTRO, PAOLA CASTRO AND MARLON CASTRO, ET AL, Defendants. ----________ _-----------------------------__---------X STATE OF NEW YORK) COUNTY OF QUEENS ) ss.: I, the undersigned, being duly sworn, say: I am not a party to the action, am over 18 years of age and reside in Queens, County in the State of New York. On Aprild, 2017, I served the within Notice of Sale by mailing a copy to each of the following persons at the last known address as set forth below: EDUARDO CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 PAOLA CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 MARLON CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 AVROHOM GEFEN, ESQ. REFEREE 3000 MARCUS AVE., STE IE9 LAKE SUCCESS, NY 11042 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 TENANTS/OCCUPANTS IN POSSESSION 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 Y i inas _ Sworn to before me this day of April, 2017 Notary Signature Affix Notary Seal below: FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 Index No.: 7455/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CITIMORTGAGE, INC., Plaintiff, -against- EDUARDO CASTRO, PAOLA CASTRO AND MARLON CASTRO, et al. Defendants NOTICE OF SALE Si a e e 130-1.1-a) Alexan ra C. Mink, Esq. DAVID A. GALLO & ASSOCIATES LLP Attorneys for PLAINTIFF 95-25 Queens Boulevard 11th Floor Rego Park, New York11374 (718) 459-2634 Our file #: 4722.1051 To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney's for: Sir:-Please take notice ? NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 20 ? NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 20 at M. Dated, Yours, etc. DAVID A. GALLO & ASSOCIATES LLP Office & P.O. Address 95-25 Queens Boulevard, 11th Floor Rego Park, New York11374 (718) 459-2634 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT STATE OF NEW YORK Index No. 7455/2014 COUNTY OF NASSAU -----------------------------------------------------------X CITIMORTGAGE, INC., Plaintiff, - against - NOTICE OF ENTRY EDUARDO CASTRO, PAOLA CASTRO AND MARLON CASTRO, ET AL, Defendants. -..----------------------------------------------------X TAKE NOTICE that the within is a true copy of a Final Judgment of Foreclosure and Sale duly signed and entered in the office of the Clerk of the Supreme Court of the State of New York, County of Nassau on or about January 12, 2017. Dated: Rego Park, New York April 3 , 2017 DAVID A. GALLO & ASSOCIATES LLP By: ALEXAN C. MINK, ESQ. Attorneys for Plaintiff 95-25 Queens Boulevard 11th PlOOr Rego Park, New York 11374 (718) 459-2634 To: EDUARDO CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 PAOLA CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 MARLON CASTRO 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 AVROHOM GEFEN, ESQ. REFEREE 3000 MARCUS AVE., STE 1E9 LAKE SUCCESS, NY 11042 TENANTS/OCCUPANTS IN POSSESSION 26 ARCHER ROAD WEST HEMPSTEAD, NY 11552 FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 At a Foreclosure Part of the Supreme Court of the State of New York, held in and for the County of Nassau at the Courthouse thereof, 100 Supreme Court Drive, Mineola, New York on the_day of ,2016. P R E S E N T: HON. THOMAS A. ADAMS, p J.S.C. CITIMORTGAGE,INC., Index No. 7455/2014 Plaintiff, FINAL JUDGMENT OF -against- FORECL OSURE AND SALE EDUARDO CASTRO, PAOLA CASTRO, and MARLON CASTRO, PREMISES ADDRESS: 26 ARCHER ROAD, WEST Defendänts' HEMPSTEAD, County of Nassau, State of New York 11552 Upon the Summon Complaint and Notice of Pendency of Action duly led in this action on 31st day oM6ly, 2014, and all proceeding thereon, and on reading and filing the Affirmation of Regularity of David A. Gallo & Associates LLP, by Rosemarie A. Klie, Esq., dated September 016, and the Affirmation for execution of Judgment of Foreclosure and Sale, by Rosemarie A. Klie, Esq., dated e day of September, 2016, showing that each of the Defendants herein have been duly served with the Summons and Complaintin this action, or have voluntarily appeared by their respective attorneys, and stating that more than the legally required number of days had elapsed since said Defendants were so served and/or appeared; and that none of the Defendants had served any answer to said-Complaint, nor had their time to do so been extended or, if they had served an answer, it was dismissed by summary judgment or stipulation of the parties, and upon the attached affidavÓf mailing reflecting compliance with FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 9 " CPLR 3215(g)(3)(iii); and that the Plaintiffkfas complied withNew York law regarding RPAPL 1304 and CPLR 3408; and that the Compla'int herein and Notice of Penden y of this action containing all the particulars required to be stateftherein was duly filed in the Off e of the Clerk of the County of Nassau on the Mth day of JamdÏry, 39¾, and an Ord(r of Reference having been duly executed where a Referee was appointed to compute the amount due to the Plaintiff upon the bond/note and mortgage set forth in the Compl'aint and said Referee having examined and reported whether the mortgaged premises c,an be sold in parcels, AND, on readin(and filing the Report of Avrohom Gefen, Esq., the Referee named in saidOrder of Reference, by which RepoE bearing the 17th day of Augustf2016, it appears that the sum of $582.286.2(was due thereonfát the date computed to in said Report and that the mortgaged premises cannot be sojd-in parcels. NOW, upon proof of due notice of this application upon all parties who had not waived the same, ON MOTION of David A. Gallo & Associates LLP, attorneys for the Plaintiff, it is ORDERED, AD JUDGED AND DECREED, that the mfetion is hereby granted without opposition; and it is further ORDERED, ADJUDGED AND DECREED, that the report of the Referee, be and the same is hereby in all respects ratified and confirmed; and it,is further ORDERED, AD JUDGED and DECREED, that the mortgaged premises, as described in the Complaint in the action be sold at public auction at the Calendar Control Part (CCP) Courtroom of the Supreme Court of Nassau County, 100 Supreme Court Drive, Mineola, New York **on a Tuesday at 11:30am**, by and under the direction of Avrohom Gefen, FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 3 EV T 7 who is hereby appointed as Referee for that that the Esq., Referee, purpose; said Referee give public notice of the time and place of such sale according to law and the . NEST HEMPSTEAD practice of this Court, in an official publication, /' to wit: __ HERALD2 ENDO BLVD _; Or GARDEN CITY WEsT in any publication in compliance with RP APL 231; and It is further ORDERED, ADJUDGED and DECREED, that the Referee at the time of sale may accept a written bid from the Plaintiff or the Plaintiff's attorneys, just as though the Plaintiff were physically present to submit said bid; and it is further is" ORDERED, AD JUDGED and DECREED, that the premises be sold in "as condition defined as the condition of the premises are in as of the date of sale and continuing through the date of closing, and that said sale shall be subject to: a. Rights of the public and others in and to any part of the mortgaged premises that lies within the bounds of any street, alley, or highway; restrictions and easements of record; b. Any state of facts that an accurate, currently dated survey might disclose; c. Rights of tenants, occupants or squatters, if any. It shall be the responsibility of the Purchaser to evict or remove any parties in possession of the premises being foreclosed. There shall be no pro-rata adjustment in favor of the purchaser for any rents that are paid for a period after the date of the foreclosure sale. d. The right of redemption of the United States of America, if any; e. Any prior mortgages, judgments or liens; and It is further ORDERED, AD JUDGED AND DECREED, that the Plaintitor any other parties to this action become the purchaser or purchasers at such sale; that imtlie case the Plaintiff shall may . . FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 , . become the purchaser at the said sale, it shall not be required to make any deposit thereon; and it is further ORDERED, ADJUDGED AND DECREED that the Reféree conducting the sale shall pay out of the proceeds of sale all taxes, assessments, sewerrents and water rates which are liens upon the property at time of sale. Purchaser shall be responsible for interest due on any real property tax lions accruing after the first day of the month follpwing the foreclosure sale; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee then take the remaining proceeds of sale and deposit them in his own name as Referee in his account or other separate 1ALLsYNATIONALBANK .22oLo couurny noAo account in MEOLA,NMM , and in addition to executing a deed to the purchaser(s) of the premises sold, shall thereafte/make the following payments and his checks drawn for that purpose. F_irst: The statutory fees of said Referee, Avrohom Gefen, Esq., for conducting the sale of $1J07 as and for his fee for conducting the sale, pursuant to CPLR 8003 Second: The Referee shall pay the costs of advertising/posting as listed on bills presented to and certified by the Referee to be correct, duplicate cojfies of which shall be annexed to the report of sale when filed. CC6 5 cleem Third: Said Referee shall also pay to the Plaintiff for costs aId disbursements in this fee t e“!er action, to be taxed by the clerk and inserted herein, with interest at the legal rate thereon form the date of entry hereof. Ad ditional Allowance. ) o o · P is hereby awarded to the Plaintiff in addition to costs with interest at the legal rate thereon from the date of entpy hereof, FILED: NASSAU COUNTY CLERK 02/13/2023 03:01 PM INDEX NO. 007455/2014 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/13/2023 Amount Due per Referee's Report. $582,286d7, said,amount so reported due as aforesaid together with interest at the rate in the note and mortgage thereon from the date computed to in said Report until the date of entry of this judgmenÝwi nterest at the statutory rate thereon until the date of transfer of the Referee's Deed, or so much of the purchase money as will the same, and that he take receipt for said payment and file it with his report of sale. Attorneys Fees. $ co,cP is hereby awarded to the Plaintiff as reasonable legal fees herein, with legal interest from the date of eptry of judgment. Plaintiff, may, after entry of this judgment, add to the amount due any and all advances made by Plaintiff for inspection fees, maintenance