Preview
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
- - - - - - - - - - - - - - - - - - - - - X
THE BANK OF NEW YORK MELLON FKA THE BANK INDEX NO.: 004634/2017
OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2004-30CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-30CB,
Plaintiff(s), PLAINTIFF'S AFFIRMATION
IN SUPPORT OF M_OTION FOR
ORDER CONFIRMING REFEREE
-against- REPORT AND JUDGMENT OF
FORECLOSURE AND SALE
DUANE D. KINNON, EMPOWER FEDERAL CREDIT MORTGAGE PREMISES:
UNION, JOHN DOE, 4243 Sandbar Lane
Liverpool, NY 13090
Section: 58.1 Block: 2
Lot: 13.2
Defendant(s).
- - - - - - - - - - - - - - - - - - - - - x
Jacqueline K. Lamer, Esq., pursuant to CPLR §2106 and under the
penalties of perjury, affirms as follows:
1. I am an attorney at law and an Associate with Leopold &
Associates, PLLC, the attorneys of record for Plaintiff THE BANK OF NEW
YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2004-30CB,
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-30CB. I am fully
familiar with the facts, court papers and proceedings of this action
based upon a review of the file maintained by my office.
2. This is a foreclosure action. The Plaintiff is moving the court
to confirm the Referee's Report made in accordance with RPAPL §1321 and
for a Judgment of Foreclosure and Sale pursuant to RPAPL S1351 that
1 of 9
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021
directs the distribution of the proceeds of sale in accordance with RPAPL
§1354.
3. True and accurate copies of the following documents are
attached here to:
Document Tab
Certificate of Merit Exhibit A
Note Exhibit B
Mortgage Exhibit C
Assignments Exhibit D
Notice of Default Exhibit E
RPAPL §1304 90-Day Notice Exhibit F
Department of Defense Search results Exhibit G
Summons and Complaint Exhibit H
Notice of Pendency, Renewal Notice of Pendency Exhibit I
Affidavits of Service Exhibit J
Affidavit of Service by Mail pursuant to
CPLR 3215(g) (3) (iii) Exhibit K
Affidavit of Merit and Amount Due Exhibit L
Affirmation of Regularity Exhibit M
Order of Reference Exhibit N
Notice of Entry of Order of Reference Exhibit O
Referee's Oath and Report of Amount Due Exhibit P
Attorney Fee Affirmation Exhibit Q
Power ofAttorney Exhibit R
Data Compilation and Account Ledger Exhibit S
Legal Description (Schedule A) Exhibit T
Vesting Deed Exhibit U
Order Granting Motion for Substitute Referee Exhibit V
Notice of Appearance Exhibit W
Legalback No. 2 - filed with this motion Costs and
contemporaneously
Disbursements of Plaintiff with Supporting Invoices
Legalback No. 3 - filed with this motion Proposed
contemporaneously
Judgment of Foreclosure and Sale.
All personal non-public information has been redacted from the attached
supporting documents.
4. This residential mortgage foreclosure action was commenced by
filing the Summons and Complaint in the Onondaga County Clerk's office
on September 25, 2017 in the County where the mortgaged property is
2 of 9
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021
located. The action was brought to foreclose a residential mortgage on
real property situated in ONONDAGA County, known as and by street number
4243 Sandbar Lane, Liverpool, NY 13090 pursuant to a note and a Mortgage
dated November 12, 2004 in the amount of $141,600.00 executed by
Defendant (s) Duane D. Kinnon to Mortgage Electronic Registrtaion Systems
Inc., as nominee for Commonfund Mortgage Corp., its successors and/or
assigns, which Mortgage was recorded in Book 14201 Page 897 in the public
records of Onondaga County on November 12, 2004, and a Correction
Mortgage was recorded in Book 14351 Page 0192 in the public records of
Onondaga County on April 14, 2005. Copies of the Note and Mortgage are
"B"
attached hereto as Exhibits and "C".
5. Said mortgage was ultimately assigned to THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS
OF CWALT, INC., ALTERNATIVE LOAN TRUST 2004-30CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-30CB by assignment of mortgage executed on
March 3, 2014 and recorded in Book 17442 Page 939 in the office of the
Clerk of the County of Onondaga on March 10, 2014. A Copy of the
Assignment of Mortgage is attached hereto as Exhibit "D".
6. On September 25, 2017, Plaintiff filed a Notice of Pendency
in accordance with RPAPL §1331 and CPLR Article 65. On November 24, 2020,
Plaintiff filed a Renewal Notice of Pendency in accordance with RPAPL
§1331 and CPLR Article 65. Copies of the notices of pendency are attached
hereto as Exhibit "I".
7. The Summons, Complaint, and Notice of Pendency are in the form
prescribed by statute and contain all of the particulars required by
3 of 9
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021
law. The Summons complies with the requirements of RPAPL §1320, contains
the required notice in boldface type and is in the format required by
statute. Copies of the Summons and Complaint are attached hereto as
Exhibit "H". The Affidavits of Service are attached hereto as Exhibit
8. Plaintiff is the owner and/or holder of the Subject Note. See
Affidavit of Brian Nwabara, attached hereto as Exhibit "L".
9. The Certificate of Merit required pursuant to CPLR 3012-b was
filed together with supporting documents and is attached hereto as
Exhibit "A".
10. According to the affidavit of service filed with the Onondaga
County Clerk's Office, the summons was served with the complaint.
Defendant(s) were served with this notice required by RPAPL §1303 printed
on colored paper together with the summons and complaint printed on white
paper. The RPAPL §1303 notice complies with the requirements of that
with the title in 20-point type and the text in 14-
statute, bold, bold,
type. The RPAPL §1303 notice was delivered to the mortgagors on its own
separate page, together with the summons and complaint. Defendant(s)
were timely served with the 90-Day Pre-Foreclosure notice required by
RPAPL §1304. Plaintiff filed the name, address and telephone number of
the Defendant(s), the amount claimed to be due, and the type of loan at
issue with the superintendent of banks within three business days of
mailing of the 90-Day Pre-Foreclosure notice as required by RPAPL §1306.
Copies of these notices and affidavits of service are attached hereto as
"F" and
Exhibits "J".
4 of 9
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021
11. Plaintiff served Defendants with copies of the Summons in
compliance with CPLR §3215(g) (3). The Affidavit of Service by mail is
attached hereto as Exhibits "K".
12. No Defendant is an infant. No Defendant is in the armed
services of the United States of America. Upon information and belief,
no Defendant is incompetent.
13. Per this Court's granted Order of Reference, Defendant(s)
DUANE D. KINNON, EMPOWER FEDERAL CREDIT UNION, and JOHN DOE were deemed
to be in default.
14. Pursuant to CPLR §3408 the court held a mandatory settlement
conference in this action. A final conference was held on October 23,
2018, and settlement did not materialize from said conference and the
Court directed Plaintiff to proceed with the foreclosure action.
15. On September 16, 2019, Plaintiff moved for Order of Reference.
Plaintiff's motion was granted by the Court by order dated May 16, 2019
and entered May 22, 2019. A copy of the entered order is attached hereto
as Exhibit "N".
16. Plaintiff mailed the Notice of Entry of the Summary of
Reference to Defendant(s) or their attorney(s) on September 16 , 2021 and
filed the Notice of Entry with the Onondaga County Clerk on September
16, 2021. A copy of the Notice of Entry is attached hereto as Exhibit
"O".
17. Plaintiff moved for an Order Substituting Referee. Plaintiff's
motion was granted by the Court by order dated December 9, 2019 and
entered December 12, 2019. Plaintiff mailed the Notice of Entry of the
5 of 9
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021
Summary Substituting Referee to Defendant(s) or their attorney(s) on
September 16, 2021 and filed the Notice of Entry with the Onondaga County
Clerk on September 16, 2021. A copy of the Notice of Entry with entered
Order Substituting Referee is attached hereto as Exhibit "V".
18. This court appointed Joseph P. Gorgoni, Esq., as Referee to
compute the amount due the Plaintiff and to examine and report whether
the mortgaged property can be sold in parcels.
19. On January 24, 2020, the Referee executed an Oath and Report
of Amount Due which computed the amount due the Plaintiff to be
$135,178.98 as of March 30, 2018 and determined that the property should
be sold as one parcel. The Referee's Oath and Report are attached hereto
as RYhibit "P". Plaintiff is entitled to interest at the note rate until
the Judgment of Foreclosure and Sale is entered and at the statutory
default rate thereafter.
20. Plaintiff has not made any previous motion for this or similar
relief.
PLAINTIFF IS ENTITLED TO A JUDGMENT OF FORECLOSURE AND SALE
21. In conjunction with the motion for Order of Reference
previously granted by this Court, Plaintiff established all the required
elements for a foreclosure. Plaintiff now requests that the property be
sold pursuant to RPAPL §1351 and that the sale proceeds be distributed
in accordance with RPAPL §1354.
22. The legal description in the Mortgage recorded on November 12,
2004 in Book 14201 at Page 0897 and Correction Mortgage recorded on April
14, 2005 in Book 14351 at Page 0192, of the Official Records of Onondaga
6 of 9
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021
County, contained an error to wit: Schedule A of the mortgage incorrectly
20" 29."
reflects "Lot rather than "Lot Plaintiff respectfully requests
the mortgage be reformed to reflect the true intentions of the parties
herein.
23. RPAPL §1354(2) requires the Referee conducting the sale of the
mortgaged property to pay out of the sale's proceeds all taxes,
assessments, and water rates that are liens upon the property and to
redeem the property from any sales for unpaid taxes, assessments, or
water rates that have not become absolute. All expenses of recording the
Referee's Deed, including real property transfer tax should be paid by
the Purchaser at the closing and not by the Referee from sale proceeds
since transfer tax is not a lien upon the property nor is it an expense
of sale, as that term is used in RPAPL §1351(1). Rather, transfer tax is
an expense of recording the Deed.
24. Plaintiff is entitled to a judgment that includes
Plaintiff's attorneys'
reimbursement for fees for this action in
accordance with the terms of the Note and Mortgage. A detailed
attorneys' attached
Affirmation regarding fees is hereto as Exhibit "Q".
25. Plaintiff is also entitled to a judgment including
reimbursement for Plaintiff's costs, allowances, and disbursements in
this matter in accordance with the terms of the Note and Mortgage and
CPLR Article 83. A detailed statement of Plaintiff's costs and
disbursements with the supporting invoices have been filed
contemporaneously with this motion.
7 of 9
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021
26. A proposed Judgment of Foreclosure and Sale is provided to the
Court together with this motion.
WHEREFORE, Plaintiff requests an Order of this Court:
A) Confirming the Referee's Report;
B) Granting a Judgment of Foreclosure and Sale pursuant to
RPAPL §1351;
C) D
Preview
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA - - - - - - - - - - - - - - - - - - - - - X THE BANK OF NEW YORK MELLON FKA THE BANK INDEX NO.: 004634/2017 OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2004-30CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-30CB, Plaintiff(s), PLAINTIFF'S AFFIRMATION IN SUPPORT OF M_OTION FOR ORDER CONFIRMING REFEREE -against- REPORT AND JUDGMENT OF FORECLOSURE AND SALE DUANE D. KINNON, EMPOWER FEDERAL CREDIT MORTGAGE PREMISES: UNION, JOHN DOE, 4243 Sandbar Lane Liverpool, NY 13090 Section: 58.1 Block: 2 Lot: 13.2 Defendant(s). - - - - - - - - - - - - - - - - - - - - - x Jacqueline K. Lamer, Esq., pursuant to CPLR §2106 and under the penalties of perjury, affirms as follows: 1. I am an attorney at law and an Associate with Leopold & Associates, PLLC, the attorneys of record for Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2004-30CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-30CB. I am fully familiar with the facts, court papers and proceedings of this action based upon a review of the file maintained by my office. 2. This is a foreclosure action. The Plaintiff is moving the court to confirm the Referee's Report made in accordance with RPAPL §1321 and for a Judgment of Foreclosure and Sale pursuant to RPAPL S1351 that 1 of 9 FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021 directs the distribution of the proceeds of sale in accordance with RPAPL §1354. 3. True and accurate copies of the following documents are attached here to: Document Tab Certificate of Merit Exhibit A Note Exhibit B Mortgage Exhibit C Assignments Exhibit D Notice of Default Exhibit E RPAPL §1304 90-Day Notice Exhibit F Department of Defense Search results Exhibit G Summons and Complaint Exhibit H Notice of Pendency, Renewal Notice of Pendency Exhibit I Affidavits of Service Exhibit J Affidavit of Service by Mail pursuant to CPLR 3215(g) (3) (iii) Exhibit K Affidavit of Merit and Amount Due Exhibit L Affirmation of Regularity Exhibit M Order of Reference Exhibit N Notice of Entry of Order of Reference Exhibit O Referee's Oath and Report of Amount Due Exhibit P Attorney Fee Affirmation Exhibit Q Power ofAttorney Exhibit R Data Compilation and Account Ledger Exhibit S Legal Description (Schedule A) Exhibit T Vesting Deed Exhibit U Order Granting Motion for Substitute Referee Exhibit V Notice of Appearance Exhibit W Legalback No. 2 - filed with this motion Costs and contemporaneously Disbursements of Plaintiff with Supporting Invoices Legalback No. 3 - filed with this motion Proposed contemporaneously Judgment of Foreclosure and Sale. All personal non-public information has been redacted from the attached supporting documents. 4. This residential mortgage foreclosure action was commenced by filing the Summons and Complaint in the Onondaga County Clerk's office on September 25, 2017 in the County where the mortgaged property is 2 of 9 FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021 located. The action was brought to foreclose a residential mortgage on real property situated in ONONDAGA County, known as and by street number 4243 Sandbar Lane, Liverpool, NY 13090 pursuant to a note and a Mortgage dated November 12, 2004 in the amount of $141,600.00 executed by Defendant (s) Duane D. Kinnon to Mortgage Electronic Registrtaion Systems Inc., as nominee for Commonfund Mortgage Corp., its successors and/or assigns, which Mortgage was recorded in Book 14201 Page 897 in the public records of Onondaga County on November 12, 2004, and a Correction Mortgage was recorded in Book 14351 Page 0192 in the public records of Onondaga County on April 14, 2005. Copies of the Note and Mortgage are "B" attached hereto as Exhibits and "C". 5. Said mortgage was ultimately assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2004-30CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-30CB by assignment of mortgage executed on March 3, 2014 and recorded in Book 17442 Page 939 in the office of the Clerk of the County of Onondaga on March 10, 2014. A Copy of the Assignment of Mortgage is attached hereto as Exhibit "D". 6. On September 25, 2017, Plaintiff filed a Notice of Pendency in accordance with RPAPL §1331 and CPLR Article 65. On November 24, 2020, Plaintiff filed a Renewal Notice of Pendency in accordance with RPAPL §1331 and CPLR Article 65. Copies of the notices of pendency are attached hereto as Exhibit "I". 7. The Summons, Complaint, and Notice of Pendency are in the form prescribed by statute and contain all of the particulars required by 3 of 9 FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021 law. The Summons complies with the requirements of RPAPL §1320, contains the required notice in boldface type and is in the format required by statute. Copies of the Summons and Complaint are attached hereto as Exhibit "H". The Affidavits of Service are attached hereto as Exhibit 8. Plaintiff is the owner and/or holder of the Subject Note. See Affidavit of Brian Nwabara, attached hereto as Exhibit "L". 9. The Certificate of Merit required pursuant to CPLR 3012-b was filed together with supporting documents and is attached hereto as Exhibit "A". 10. According to the affidavit of service filed with the Onondaga County Clerk's Office, the summons was served with the complaint. Defendant(s) were served with this notice required by RPAPL §1303 printed on colored paper together with the summons and complaint printed on white paper. The RPAPL §1303 notice complies with the requirements of that with the title in 20-point type and the text in 14- statute, bold, bold, type. The RPAPL §1303 notice was delivered to the mortgagors on its own separate page, together with the summons and complaint. Defendant(s) were timely served with the 90-Day Pre-Foreclosure notice required by RPAPL §1304. Plaintiff filed the name, address and telephone number of the Defendant(s), the amount claimed to be due, and the type of loan at issue with the superintendent of banks within three business days of mailing of the 90-Day Pre-Foreclosure notice as required by RPAPL §1306. Copies of these notices and affidavits of service are attached hereto as "F" and Exhibits "J". 4 of 9 FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021 11. Plaintiff served Defendants with copies of the Summons in compliance with CPLR §3215(g) (3). The Affidavit of Service by mail is attached hereto as Exhibits "K". 12. No Defendant is an infant. No Defendant is in the armed services of the United States of America. Upon information and belief, no Defendant is incompetent. 13. Per this Court's granted Order of Reference, Defendant(s) DUANE D. KINNON, EMPOWER FEDERAL CREDIT UNION, and JOHN DOE were deemed to be in default. 14. Pursuant to CPLR §3408 the court held a mandatory settlement conference in this action. A final conference was held on October 23, 2018, and settlement did not materialize from said conference and the Court directed Plaintiff to proceed with the foreclosure action. 15. On September 16, 2019, Plaintiff moved for Order of Reference. Plaintiff's motion was granted by the Court by order dated May 16, 2019 and entered May 22, 2019. A copy of the entered order is attached hereto as Exhibit "N". 16. Plaintiff mailed the Notice of Entry of the Summary of Reference to Defendant(s) or their attorney(s) on September 16 , 2021 and filed the Notice of Entry with the Onondaga County Clerk on September 16, 2021. A copy of the Notice of Entry is attached hereto as Exhibit "O". 17. Plaintiff moved for an Order Substituting Referee. Plaintiff's motion was granted by the Court by order dated December 9, 2019 and entered December 12, 2019. Plaintiff mailed the Notice of Entry of the 5 of 9 FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021 Summary Substituting Referee to Defendant(s) or their attorney(s) on September 16, 2021 and filed the Notice of Entry with the Onondaga County Clerk on September 16, 2021. A copy of the Notice of Entry with entered Order Substituting Referee is attached hereto as Exhibit "V". 18. This court appointed Joseph P. Gorgoni, Esq., as Referee to compute the amount due the Plaintiff and to examine and report whether the mortgaged property can be sold in parcels. 19. On January 24, 2020, the Referee executed an Oath and Report of Amount Due which computed the amount due the Plaintiff to be $135,178.98 as of March 30, 2018 and determined that the property should be sold as one parcel. The Referee's Oath and Report are attached hereto as RYhibit "P". Plaintiff is entitled to interest at the note rate until the Judgment of Foreclosure and Sale is entered and at the statutory default rate thereafter. 20. Plaintiff has not made any previous motion for this or similar relief. PLAINTIFF IS ENTITLED TO A JUDGMENT OF FORECLOSURE AND SALE 21. In conjunction with the motion for Order of Reference previously granted by this Court, Plaintiff established all the required elements for a foreclosure. Plaintiff now requests that the property be sold pursuant to RPAPL §1351 and that the sale proceeds be distributed in accordance with RPAPL §1354. 22. The legal description in the Mortgage recorded on November 12, 2004 in Book 14201 at Page 0897 and Correction Mortgage recorded on April 14, 2005 in Book 14351 at Page 0192, of the Official Records of Onondaga 6 of 9 FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021 County, contained an error to wit: Schedule A of the mortgage incorrectly 20" 29." reflects "Lot rather than "Lot Plaintiff respectfully requests the mortgage be reformed to reflect the true intentions of the parties herein. 23. RPAPL §1354(2) requires the Referee conducting the sale of the mortgaged property to pay out of the sale's proceeds all taxes, assessments, and water rates that are liens upon the property and to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not become absolute. All expenses of recording the Referee's Deed, including real property transfer tax should be paid by the Purchaser at the closing and not by the Referee from sale proceeds since transfer tax is not a lien upon the property nor is it an expense of sale, as that term is used in RPAPL §1351(1). Rather, transfer tax is an expense of recording the Deed. 24. Plaintiff is entitled to a judgment that includes Plaintiff's attorneys' reimbursement for fees for this action in accordance with the terms of the Note and Mortgage. A detailed attorneys' attached Affirmation regarding fees is hereto as Exhibit "Q". 25. Plaintiff is also entitled to a judgment including reimbursement for Plaintiff's costs, allowances, and disbursements in this matter in accordance with the terms of the Note and Mortgage and CPLR Article 83. A detailed statement of Plaintiff's costs and disbursements with the supporting invoices have been filed contemporaneously with this motion. 7 of 9 FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/04/2021 26. A proposed Judgment of Foreclosure and Sale is provided to the Court together with this motion. WHEREFORE, Plaintiff requests an Order of this Court: A) Confirming the Referee's Report; B) Granting a Judgment of Foreclosure and Sale pursuant to RPAPL §1351; C) D