Preview
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021
Exhibit N
Order of Reference
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021
At a term of Supreme Court of the State of
New York held in and for the County of
doo& c at the boonla3~ County
me_. , New York, on the
/
*
Courthouse,Iy
day of ,
20 iS
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
PRESENT: HON.
----------------------------------------------------------------X
THE BANK OF NEW YORK MELLON FKA Doc ID: *O35502 O
THE BANK OF NEWYORK, AS TRUSTEE EcodÃde
22/2019
FOR THE CERTIFICATEHOLDERS OF . 35.50 Page
52 M
fr°anÛa o
y0F REFERENCE
ALTERNATIVE LOAN Onondaga o n y
CWALT, INC., I-1sa Dell
County Clerk
TRUST MORTGAGE PASS-
2004-30CB,
2004-
THROUGH CERTIFICATES, SERIES 7-004634
30CB
Plaintiff, ORDER OF REFERENCE
-v-
Index No: SU-2017-004634
DUANE D. KINNON, EMPOWER FEDERAL
CREDIT UNION RJI No: 33
JOHN DOE (Those unknown tenants, occupants, Property Address:
persons or corporations or their neirs, 4243 SANDBAR LANE.
distributees, executors, administrators, trustees, LIVERPOOL, NY 13090
guardians, assignees, creditors or successors
an interest in the mortgaged SBL #: 58.1 - 2 - 13.2
claiming 15remises.)
Defendant(s).
-- .-- - ------------------------..---------------X
Plaintiff having moved this Court for an Order:
striking the answer of defendant(s)
and converting each such appearance to a general notice of appearance
pursuant to CPLR §3215, granting plaintiff default judgment
pursuant to CPLR §3212, granting plaintiff summary judgment
amending the caption to
delete defendant(s)
Doe"
substitute the name(s) of "John for defendant(s) John Doe and/or
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 29 i
RECEIVED NYSCEF: 10/04/2021
Jane Doe
other: ;
pursuant to RPAPL §1321, appointing a Referee to compute the sums due
plaintiff on the Note and Mortgage
other: ;
NOW, upon plaintiff's ex parte application or motion heard on
(h 9o17 at which time plaintiff / defendant appeared, or U no appearances
were required, and upon the Summons and Complaint and proof that all defendants have been
served, and upon proof that the time for all defendant(s) to answer or appear has expired and
upon the:
1) affidavit of Brian Nwabara dated April 3, 2018, with Exhibits
annexed;
2) affirmation of Jessica Kielb Grubea, Esq. affirmed on February 7, 2019, with
Exhibits annexed;
3) other [specify]
it is hereby
ORDERED that the plaintiff's motion:
for a default judgment pursuant to CPLR § 3215 and RPAPL § 1321 is
granted;
defendant(s)'
to strike answer and for summary judgment pursuant to
CPLR §3212 is granted;
other: ; and it is further
ORDERED that the caption of this action is amended to
delete defendant(s)
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021
Doe"
substitute the name(sj of "John for defendant(s) John Doe and/or
Jane Doe
other: ;
and it is further
ORDERED that the caption of this action as amended shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
--------------------- ------ -------X
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
Plaintiff,
vs.
DUANE D. KINNON, EMPOWER FEDERAL
CREDIT UNION, "JOHN DOE",
Defendant(s).
---------------- ------- X
and it is further
ORDERED that
Name: , Esq.
Address: O O
Telephone:
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021
is hereby appointed Referee to ascertain, compute and report the total amount due to plaintiff for
unpaid principal, accrued interest and all reasonable mortgage costs and expenses other than
attorneys'
fees secured the Note and Mortgage sued upon and set forth in the Complaint, and
by
to examine and report as to whether the mortgaged premises should be sold in one parcel. The
Referee shall not be required to notice or cond t a hearing and the plaintiff may submit to the
Referee its proof by affidavit; 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 section 36.2(c) ("Disqualifications from appointment") and section 36.2(d)
("Limitations on appointments based upon compensation"); and it is further
ORDERED that pursuant to CPLR §8003(a), in the discretion of the Court, the Referee
shall be paid a fee of $250.00 upon the filing of the Report of the Referee computing the amount
due to plaintiff; and it is further
ORDERED that during.the pendency of this action, if any interest in the Note and/or
Mortgage that is the subject of this action has been or is transferred, the person or entity to whom
the interest has been or is transferred shall apply to the Court within thirty (30) days of the
transfer to be substituted or joined in this action pursuant to CPLR §1018; and it is further
·
·
O D that eree 1 e /her before and
i s r
ORDERED that on or before , the plaintiff shall submit as
appropriate a Motion or an Ex Parte application in compliance with all legal and administrative
requirements for a Judgment of Foreclosure and Sale; and it is further
ORDERED that in the event plaintiff fails to timely submit the required Motion or Ex
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021
Parte application for a Judgment of Foreclosure and Sale, in its discretion, the Court may either
(1) strike all interest accruing on the loan as of the subject date together with any and all late
fees, penalties, property inspection fees and preservation costs; or (2) dismiss the action for
plaintiff's failure to comply with the Court's deadline (see Andrea v. Arnone, Hedin, Casker,
Kennedy & Drake, 5 NY3d 514 (2005).
Dated:
Preview
FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021 Exhibit N Order of Reference FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021 At a term of Supreme Court of the State of New York held in and for the County of doo& c at the boonla3~ County me_. , New York, on the / * Courthouse,Iy day of , 20 iS SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA PRESENT: HON. ----------------------------------------------------------------X THE BANK OF NEW YORK MELLON FKA Doc ID: *O35502 O THE BANK OF NEWYORK, AS TRUSTEE EcodÃde 22/2019 FOR THE CERTIFICATEHOLDERS OF . 35.50 Page 52 M fr°anÛa o y0F REFERENCE ALTERNATIVE LOAN Onondaga o n y CWALT, INC., I-1sa Dell County Clerk TRUST MORTGAGE PASS- 2004-30CB, 2004- THROUGH CERTIFICATES, SERIES 7-004634 30CB Plaintiff, ORDER OF REFERENCE -v- Index No: SU-2017-004634 DUANE D. KINNON, EMPOWER FEDERAL CREDIT UNION RJI No: 33 JOHN DOE (Those unknown tenants, occupants, Property Address: persons or corporations or their neirs, 4243 SANDBAR LANE. distributees, executors, administrators, trustees, LIVERPOOL, NY 13090 guardians, assignees, creditors or successors an interest in the mortgaged SBL #: 58.1 - 2 - 13.2 claiming 15remises.) Defendant(s). -- .-- - ------------------------..---------------X Plaintiff having moved this Court for an Order: striking the answer of defendant(s) and converting each such appearance to a general notice of appearance pursuant to CPLR §3215, granting plaintiff default judgment pursuant to CPLR §3212, granting plaintiff summary judgment amending the caption to delete defendant(s) Doe" substitute the name(s) of "John for defendant(s) John Doe and/or FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 29 i RECEIVED NYSCEF: 10/04/2021 Jane Doe other: ; pursuant to RPAPL §1321, appointing a Referee to compute the sums due plaintiff on the Note and Mortgage other: ; NOW, upon plaintiff's ex parte application or motion heard on (h 9o17 at which time plaintiff / defendant appeared, or U no appearances were required, and upon the Summons and Complaint and proof that all defendants have been served, and upon proof that the time for all defendant(s) to answer or appear has expired and upon the: 1) affidavit of Brian Nwabara dated April 3, 2018, with Exhibits annexed; 2) affirmation of Jessica Kielb Grubea, Esq. affirmed on February 7, 2019, with Exhibits annexed; 3) other [specify] it is hereby ORDERED that the plaintiff's motion: for a default judgment pursuant to CPLR § 3215 and RPAPL § 1321 is granted; defendant(s)' to strike answer and for summary judgment pursuant to CPLR §3212 is granted; other: ; and it is further ORDERED that the caption of this action is amended to delete defendant(s) FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021 Doe" substitute the name(sj of "John for defendant(s) John Doe and/or Jane Doe other: ; and it is further ORDERED that the caption of this action as amended shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA --------------------- ------ -------X 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 Plaintiff, vs. DUANE D. KINNON, EMPOWER FEDERAL CREDIT UNION, "JOHN DOE", Defendant(s). ---------------- ------- X and it is further ORDERED that Name: , Esq. Address: O O Telephone: FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021 is hereby appointed Referee to ascertain, compute and report the total amount due to plaintiff for unpaid principal, accrued interest and all reasonable mortgage costs and expenses other than attorneys' fees secured the Note and Mortgage sued upon and set forth in the Complaint, and by to examine and report as to whether the mortgaged premises should be sold in one parcel. The Referee shall not be required to notice or cond t a hearing and the plaintiff may submit to the Referee its proof by affidavit; 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 section 36.2(c) ("Disqualifications from appointment") and section 36.2(d) ("Limitations on appointments based upon compensation"); and it is further ORDERED that pursuant to CPLR §8003(a), in the discretion of the Court, the Referee shall be paid a fee of $250.00 upon the filing of the Report of the Referee computing the amount due to plaintiff; and it is further ORDERED that during.the pendency of this action, if any interest in the Note and/or Mortgage that is the subject of this action has been or is transferred, the person or entity to whom the interest has been or is transferred shall apply to the Court within thirty (30) days of the transfer to be substituted or joined in this action pursuant to CPLR §1018; and it is further · · O D that eree 1 e /her before and i s r ORDERED that on or before , the plaintiff shall submit as appropriate a Motion or an Ex Parte application in compliance with all legal and administrative requirements for a Judgment of Foreclosure and Sale; and it is further ORDERED that in the event plaintiff fails to timely submit the required Motion or Ex FILED: ONONDAGA COUNTY CLERK 10/04/2021 04:25 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 10/04/2021 Parte application for a Judgment of Foreclosure and Sale, in its discretion, the Court may either (1) strike all interest accruing on the loan as of the subject date together with any and all late fees, penalties, property inspection fees and preservation costs; or (2) dismiss the action for plaintiff's failure to comply with the Court's deadline (see Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, 5 NY3d 514 (2005). Dated: