Preview
FILED: WESTCHESTER COUNTY CLERK 03/05/2018 11:47 AM INDEX NO. 52696/2017
NYSCEF DOC. NO. 67
o RECEIVED NYSCEF: 03/05/2018
At lAS ••• of the Supreme Court of the State of
New' York, held in and for the County of
Westchester at the Courthouse thereof, III Dr.
Martin Luther King Jr. Blvd, White Plains, NY
10601 on the ~day of l1•.•. ct04 ,
2018, '
PRESENT:
Honorable Ch~le.s O. ~aOL
J.S,C.
SUPREME COURT 01' THE STATE OF NEW YORK
COUNTY OF WESTCHESTER INDEX NO.: 52696/2017
..... ----- --- ----------------------------X
OCWEN LOAN SERVICING, LLC, ORDER OF REFERENCE
Plaintiff,
-against- Premises:
BEVERLY WESTCOTT; WAYNE WESTCOTT AIKIA 23 Water Grant Street, Unit 6K,
WAYNE M. WESTCOTT; BOARD OF MANAGERS OF Yonkers, NY 10701
PIERPOINTE ON THE HUDSON CONDOMINIUM I;
DISCOVER BANK; BANK OF AMERICA, N.A.FIKIA
FIA CARD SERVICES, NA,
"JOHN DOE #1" through "JOHN DOE #12," the last
twelve names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants,
, persons or corporations, if any, having or claiming an
interest in or lien upon the Subject Property, described in
the complaint,
Defendants. ,
---------"-------------------"--------.-------------------------------X
UPON reading and filing the annexed Attorney's Statement of RAS BORISKIN, LLC, the
Affidavit in Support of Order of Reference, the exhibits annexed thereto, and upon the pleadings
previously had herein, and it appearing that the Defendants having been duly served with the
Summons and Complaint, and that all the Defendants herein have defaulted in pleading or served
a notice of appearance, and no Answer or Motion having been directed to the sufficiency of the
Complaint has been timely interposed by any of the Defendants and their time to do so has
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17-000384- MaD
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FILED: WESTCHESTER COUNTY CLERK 03/05/2018 11:47 AM INDEX NO. 52696/2017
NYSCEF DOC. NO. 67 ! r""' RECEIVED NYSCEF: 03/05/2018
V
expired; except 'for Defendants WAYNE WESTCOTT and BEVERLY WESTCOTT whose
answers were rejected as untimely, and upon Order of this Court dated September 8, 2017
denying Defendant WAYNE WESTCOTT's motion to dismiss;
, FURTHER, it appearing that the Complaint has not been amended III any manner
whatsoever; and
FURTHER, it appearing that none of the Defendants herein isan infant, incompetent or
absentee, and that all parties entitled to receive, have received to notice of this application;
FURTHER, upon application by RAS BORISKIN, LLC, itsattorneys for Plaintiff it is
ORDERED, that Plaintiffs application is hereby granted against Defendants in its
entirety; and it is further
.,JtIa
ORDERED, that pursuant to CPLR S 3215 that the Plaintiff be granted ~efault
Judgment for the relief demanded in the Complaint for those Defendants who were serv~d and
have not appeared; and it is further
ORDERED, that this action be and the same is hereby referred to
~ h R "'6.5 i,c.rO , Esq" of ~ S/ ,sa..w i1"/,/ R"r, /?oa.4ij 1/ ,1'1 kU;
~ l~lJ /II. @ ~~~rep= number 'U'i'" 1'~'" f~ (J" ,
as Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest,
and other disbursements advanced as provided for in the Note and Mortgage, excluding
attorneys' fees, upon which this action was brought, to examine and report whether or not' the
Mortgaged premises can be sold in parcels, and that the Referee make his/her report to the Court
with all convenient speed; and it is further
ORDERED, that the referee's computation may be had in any county of the State of
New York; and it is further f>fa!ltt.'1ick~n5iratl:'-i1.t1mt,
it' hasa.vW.a
~(jf aCtion; aprAieation Wlitc..$W
by prOOfofservice of the llUJ1{R10l18_
c:Omplaint, QnstrldaVit made,by peiiilitd
&CttIaIImowtedge oftfle &dssun=_
17-000384 - MaD cbJlJumd.proof ofdef8ll1t under ~ ••
2 of 4
FILED: WESTCHESTER COUNTY CLERK 03/05/2018 11:47 AM INDEX NO. 52696/2017
NYSCEF DOC. NO. 67
o RECEIVED NYSCEF: 03/05/2018
- . ~.. .
ORDERED, that pursuant to CPLR g 8003(a) ~~ e~shall ,~
be paid to the Referee for the computations stage and upon filing of his/her report, the Referee
shall not request or accept additional compensation for the computation unless ithas been fixed
by the Court in accordance with CPLR g 8003(b); and it is further
ORDERED, that the Referee is prohibited from accepting or returning any funds for
himlherself or paying funds to himlherseJf without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and it is further
ORDERED, that by accepting this appointment the referee certifies that he/she isIII
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
limited to, section 36.2(c) ("Disqualifications from appointment"), and section .36.2(d)
("Limitations on appointments based on compensation").
ENTER:
J.S.C.
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J 7-000384 - MaD
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FILED: WESTCHESTER COUNTY CLERK 03/05/2018 11:47 AM INDEX NO. 52696/2017
NYSCEF
.-
DOC. -
NO. . 67 RECEIVED NYSCEF: 03/05/2018
ORDERED that within thirty (30) days of the sale, the Referee shall upload the Foreclosure
Action Surplus Monies Form to the NYSCEF system under the document type Foreclosure
Action Surplus Monies Form with a copy emailed to the part clerk, at ny courts.gov: and it is
further
ORDERED that within three (3) days of appointment, the Referee shall provide the court with
his/her email address, if not already appearing on the appointment. This information must be
provided to the Part clerk,
ORDERED that the Referee is immediately entitled to a fee of $350, which shall be provided by
Plaintiff's counsel together with the report. "'The Referee's report shall identify the
documents or other sources upon which the Referee bases his or her findings, and shall
1
affix said documents to the referee's report. ••• The Referee shall also receive $500 upon
the sale, and $250 for any sale canceled on less than 24 hours' notice to the Referee and $250 for
any third party closing. If the Referee is required to perform duties beyond the report and sale
noted herein, including holding a hearing, the referee may make a further application to the court
for additional fees; and it is further
ORDERED that in the event that the Referee is required to conduct a hearing or hearings to
compute amounts due, the Referee shall be entitled to $300 per hour, with all hearings deemed to
be one hour, to be paid by Plaintiff within 3 business days of the conclusion of each hearing. If
the hearing extends beyond one hour, the Referee shall notifY the court to seek additional
compensation. If the outcome of said additional computational hearing is that the computations
are amended due to a mistake or omission of Plaintiff, then Plaintiff will not recoup the costs of
the hearing from the defendant(s). If the computations remain the same, the costs of the hearing
shall be treated as all other required payments to the Referee, and shall be chargeable to the
defendant( s).
ORDERED that the Plaintiff shall make the application for Judgment of Foreclosure and Sale
on notice to the Borrower and any party entitled to notice within six (6) months of this Order of
Reference, unless extension is granted by the court for good cause shown; and it is further
ORDERED that the Referee shall, within thirty (30) days of the sale, complete and submit to the
Chambers of the undersigned, the "surplus Monies Form" available at
http:www.nycourts.gov/FORMS/SurplusMoniesFormFillable.pdf
'See Citimortgage, Inc. v Kidd, 148 AD3d 767 (2d Dept 2017)
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Preview
FILED: WESTCHESTER COUNTY CLERK 03/05/2018 11:47 AM INDEX NO. 52696/2017 NYSCEF DOC. NO. 67 o RECEIVED NYSCEF: 03/05/2018 At lAS ••• of the Supreme Court of the State of New' York, held in and for the County of Westchester at the Courthouse thereof, III Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601 on the ~day of l1•.•. ct04 , 2018, ' PRESENT: Honorable Ch~le.s O. ~aOL J.S,C. SUPREME COURT 01' THE STATE OF NEW YORK COUNTY OF WESTCHESTER INDEX NO.: 52696/2017 ..... ----- --- ----------------------------X OCWEN LOAN SERVICING, LLC, ORDER OF REFERENCE Plaintiff, -against- Premises: BEVERLY WESTCOTT; WAYNE WESTCOTT AIKIA 23 Water Grant Street, Unit 6K, WAYNE M. WESTCOTT; BOARD OF MANAGERS OF Yonkers, NY 10701 PIERPOINTE ON THE HUDSON CONDOMINIUM I; DISCOVER BANK; BANK OF AMERICA, N.A.FIKIA FIA CARD SERVICES, NA, "JOHN DOE #1" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, , persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property, described in the complaint, Defendants. , ---------"-------------------"--------.-------------------------------X UPON reading and filing the annexed Attorney's Statement of RAS BORISKIN, LLC, the Affidavit in Support of Order of Reference, the exhibits annexed thereto, and upon the pleadings previously had herein, and it appearing that the Defendants having been duly served with the Summons and Complaint, and that all the Defendants herein have defaulted in pleading or served a notice of appearance, and no Answer or Motion having been directed to the sufficiency of the Complaint has been timely interposed by any of the Defendants and their time to do so has 1111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111 1111111111111111111111111111111111111 17-000384- MaD 1 of 4 FILED: WESTCHESTER COUNTY CLERK 03/05/2018 11:47 AM INDEX NO. 52696/2017 NYSCEF DOC. NO. 67 ! r""' RECEIVED NYSCEF: 03/05/2018 V expired; except 'for Defendants WAYNE WESTCOTT and BEVERLY WESTCOTT whose answers were rejected as untimely, and upon Order of this Court dated September 8, 2017 denying Defendant WAYNE WESTCOTT's motion to dismiss; , FURTHER, it appearing that the Complaint has not been amended III any manner whatsoever; and FURTHER, it appearing that none of the Defendants herein isan infant, incompetent or absentee, and that all parties entitled to receive, have received to notice of this application; FURTHER, upon application by RAS BORISKIN, LLC, itsattorneys for Plaintiff it is ORDERED, that Plaintiffs application is hereby granted against Defendants in its entirety; and it is further .,JtIa ORDERED, that pursuant to CPLR S 3215 that the Plaintiff be granted ~efault Judgment for the relief demanded in the Complaint for those Defendants who were serv~d and have not appeared; and it is further ORDERED, that this action be and the same is hereby referred to ~ h R "'6.5 i,c.rO , Esq" of ~ S/ ,sa..w i1"/,/ R"r, /?oa.4ij 1/ ,1'1 kU; ~ l~lJ /II. @ ~~~rep= number 'U'i'" 1'~'" f~ (J" , as Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and other disbursements advanced as provided for in the Note and Mortgage, excluding attorneys' fees, upon which this action was brought, to examine and report whether or not' the Mortgaged premises can be sold in parcels, and that the Referee make his/her report to the Court with all convenient speed; and it is further ORDERED, that the referee's computation may be had in any county of the State of New York; and it is further f>fa!ltt.'1ick~n5iratl:'-i1.t1mt, it' hasa.vW.a ~(jf aCtion; aprAieation Wlitc..$W by prOOfofservice of the llUJ1{R10l18_ c:Omplaint, QnstrldaVit made,by peiiilitd &CttIaIImowtedge oftfle &dssun=_ 17-000384 - MaD cbJlJumd.proof ofdef8ll1t under ~ •• 2 of 4 FILED: WESTCHESTER COUNTY CLERK 03/05/2018 11:47 AM INDEX NO. 52696/2017 NYSCEF DOC. NO. 67 o RECEIVED NYSCEF: 03/05/2018 - . ~.. . ORDERED, that pursuant to CPLR g 8003(a) ~~ e~shall ,~ be paid to the Referee for the computations stage and upon filing of his/her report, the Referee shall not request or accept additional compensation for the computation unless ithas been fixed by the Court in accordance with CPLR g 8003(b); and it is further ORDERED, that the Referee is prohibited from accepting or returning any funds for himlherself or paying funds to himlherseJf without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, that by accepting this appointment the referee certifies that he/she isIII compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to, section 36.2(c) ("Disqualifications from appointment"), and section .36.2(d) ("Limitations on appointments based on compensation"). ENTER: J.S.C. _ " '.' .. ~ ~' :i,e.; _, .. ' . , il .'._ ~ 0 .• • J 7-000384 - MaD 3 of 4 FILED: WESTCHESTER COUNTY CLERK 03/05/2018 11:47 AM INDEX NO. 52696/2017 NYSCEF .- DOC. - NO. . 67 RECEIVED NYSCEF: 03/05/2018 ORDERED that within thirty (30) days of the sale, the Referee shall upload the Foreclosure Action Surplus Monies Form to the NYSCEF system under the document type Foreclosure Action Surplus Monies Form with a copy emailed to the part clerk, at ny courts.gov: and it is further ORDERED that within three (3) days of appointment, the Referee shall provide the court with his/her email address, if not already appearing on the appointment. This information must be provided to the Part clerk, ORDERED that the Referee is immediately entitled to a fee of $350, which shall be provided by Plaintiff's counsel together with the report. "'The Referee's report shall identify the documents or other sources upon which the Referee bases his or her findings, and shall 1 affix said documents to the referee's report. ••• The Referee shall also receive $500 upon the sale, and $250 for any sale canceled on less than 24 hours' notice to the Referee and $250 for any third party closing. If the Referee is required to perform duties beyond the report and sale noted herein, including holding a hearing, the referee may make a further application to the court for additional fees; and it is further ORDERED that in the event that the Referee is required to conduct a hearing or hearings to compute amounts due, the Referee shall be entitled to $300 per hour, with all hearings deemed to be one hour, to be paid by Plaintiff within 3 business days of the conclusion of each hearing. If the hearing extends beyond one hour, the Referee shall notifY the court to seek additional compensation. If the outcome of said additional computational hearing is that the computations are amended due to a mistake or omission of Plaintiff, then Plaintiff will not recoup the costs of the hearing from the defendant(s). If the computations remain the same, the costs of the hearing shall be treated as all other required payments to the Referee, and shall be chargeable to the defendant( s). ORDERED that the Plaintiff shall make the application for Judgment of Foreclosure and Sale on notice to the Borrower and any party entitled to notice within six (6) months of this Order of Reference, unless extension is granted by the court for good cause shown; and it is further ORDERED that the Referee shall, within thirty (30) days of the sale, complete and submit to the Chambers of the undersigned, the "surplus Monies Form" available at http:www.nycourts.gov/FORMS/SurplusMoniesFormFillable.pdf 'See Citimortgage, Inc. v Kidd, 148 AD3d 767 (2d Dept 2017) 4 of 4