Preview
At an ex parte term of the Supreme Court
held in and for the County of Chautauque
and State of New York, at the Chautauque
County Courthouse, Mayville, New Yorls
on the _____ day of , 2022.
PRESENT: HON. STEPHEN W. CASS
Acting Supreme Court Justice
STATE OF NEW YORK
SUPREME COURT : CHAUTAUQUA COUNTY
FLOYD M. FERGUSON ORDER OF REFERENCE
9141 Kidder Road AND DEFAULT JUDGEMENT
Sherman, New York 14781
And Index No. EK-1-2021-000045
BEVERLY A. FERGUSON
9141 Kidder Road
Sherman, New York 14781
Plaintiffs,
-vs-
Mortgaged Premises:
JAMES L. LINGER 2745 Route 76
2745 Route 76, PO Box 174 Sherman, New York 14781
Sherman, New York 14781
AMANDA L. LINGER n/k/a AMANDA L. CARON
1739 Route 426
Clymer, New York 14724
and
CHAUTAUQUA OPPORTUNITIES, INC.
17 West Courtney Street
Dunkirk, New York 14048
Defendants.
UPON the Summons, Complaint and Notice of Pendency filed in this action on
, 2021, the affirmation of Mark L. Bargar, Esq., and the exhibits annexed
thereto, and all prior papers filed in this action and prior proceedings had herein; and
UPON proof that each of the Defendants herein has been duly served with the
Summons and Complaint in this action and required notices; and
AND the court having held a mandatory settlement conference pursuant to CPLR
3408:
a. Plaintiff's attorney, Mark L. Bargar, Esq., attended a settlement conference on
August 18, 2021 but the Defendant mortgagor(s) failed to appear and the case
was released from the settlement conference part:
AND it appearing that all Defendant's time to answer the Complaint has expired:
AND it appearing to the satisfaction of this court that this action was brought to
foreclose a mortgage on real property located at 2745 Route 76 in the Town of Sherman,
New York, in the County of Chautauqua, State of New York Section: 345.00 Block: 2
Lot: 32.3.
NOW, on motion by Bly, Sheffield, Bargar 85 Pillittieri, attorney for the Plaintiff's,
it is hereby
ORDERED that the Defendant(s), James L. Linger, Amanda L. Linger n/k/a
Amanda L. Caron and Chautauqua Opportunities, Inc. are determined to be in default;
and it is further
ORDERED that Esq. with and address of
is hereby appointed Referee, in
accordance with RPAPL § 1321, to compute the amount due to Plaintiffs and to examine
whether the mortgaged property may be sold as one parcel; and it is further
ORDERED that the Referee make his/her computation and report with all
convenient speed; and it is further
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL
§ 1321; and it is further
ORDERED that by accepting this appointment the Referee certifies that he/she
is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36),
including but not limited to §36.2(c) ("Disqualifications from appointment"), and
§36.2(d) ("Limitations on appointments based upon compensation"), and, if the Referee
is disqualified from receiving an appointment pursuant to the provisions of that Rule,
the Referee shall immediately notify the Appointing Judge; and it is further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of$350.00, and in
the discretion of the court, a fee of $ shall be paid to the Referee for the
computation of the amount due and upon the filing of his/her report and the Referee
shall not request or accept additional compensation for the computation unless it has
been fixed by the court in accordance with CPLR 8003(a); and it is further
ORDERED that the Referee is prohibited from accepting or retaining any funds
for him/herself or paying funds to him/herself without compliance with Part 36 of the
Rules of the Chief Administrative Jude; and it is further
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on
all parties and persons entitled to notice, including the Referee appointed therein.
The legal description of the mortgaged property referred to herein is annexed
hereto as Schedule A.
This constitutes the decision and order of the court.
Dated: ENTER:
Hon. Stephen W. Cass
Acting Supreme Court Justice
Preview
At an ex parte term of the Supreme Court held in and for the County of Chautauque and State of New York, at the Chautauque County Courthouse, Mayville, New Yorls on the _____ day of , 2022. PRESENT: HON. STEPHEN W. CASS Acting Supreme Court Justice STATE OF NEW YORK SUPREME COURT : CHAUTAUQUA COUNTY FLOYD M. FERGUSON ORDER OF REFERENCE 9141 Kidder Road AND DEFAULT JUDGEMENT Sherman, New York 14781 And Index No. EK-1-2021-000045 BEVERLY A. FERGUSON 9141 Kidder Road Sherman, New York 14781 Plaintiffs, -vs- Mortgaged Premises: JAMES L. LINGER 2745 Route 76 2745 Route 76, PO Box 174 Sherman, New York 14781 Sherman, New York 14781 AMANDA L. LINGER n/k/a AMANDA L. CARON 1739 Route 426 Clymer, New York 14724 and CHAUTAUQUA OPPORTUNITIES, INC. 17 West Courtney Street Dunkirk, New York 14048 Defendants. UPON the Summons, Complaint and Notice of Pendency filed in this action on , 2021, the affirmation of Mark L. Bargar, Esq., and the exhibits annexed thereto, and all prior papers filed in this action and prior proceedings had herein; and UPON proof that each of the Defendants herein has been duly served with the Summons and Complaint in this action and required notices; and AND the court having held a mandatory settlement conference pursuant to CPLR 3408: a. Plaintiff's attorney, Mark L. Bargar, Esq., attended a settlement conference on August 18, 2021 but the Defendant mortgagor(s) failed to appear and the case was released from the settlement conference part: AND it appearing that all Defendant's time to answer the Complaint has expired: AND it appearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 2745 Route 76 in the Town of Sherman, New York, in the County of Chautauqua, State of New York Section: 345.00 Block: 2 Lot: 32.3. NOW, on motion by Bly, Sheffield, Bargar 85 Pillittieri, attorney for the Plaintiff's, it is hereby ORDERED that the Defendant(s), James L. Linger, Amanda L. Linger n/k/a Amanda L. Caron and Chautauqua Opportunities, Inc. are determined to be in default; and it is further ORDERED that Esq. with and address of is hereby appointed Referee, in accordance with RPAPL § 1321, to compute the amount due to Plaintiffs and to examine whether the mortgaged property may be sold as one parcel; and it is further ORDERED that the Referee make his/her computation and report with all convenient speed; and it is further ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL § 1321; and it is further ORDERED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including but not limited to §36.2(c) ("Disqualifications from appointment"), and §36.2(d) ("Limitations on appointments based upon compensation"), and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED that, pursuant to CPLR 8003(a), the statutory fee of$350.00, and in the discretion of the court, a fee of $ shall be paid to the Referee for the computation of the amount due and upon the filing of his/her report and the Referee shall not request or accept additional compensation for the computation unless it has been fixed by the court in accordance with CPLR 8003(a); and it is further ORDERED that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Jude; and it is further ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed therein. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule A. This constitutes the decision and order of the court. Dated: ENTER: Hon. Stephen W. Cass Acting Supreme Court Justice