Preview
FILED: WESTCHESTER COUNTY CLERK 06/20/2017 11:15 AM INDEX NO. 61001/2016
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/20/2017
. ORIGINAL
At lAS Part Jibofthe Supreme Court
held in and for the County of
WESTCHESTER, at the Courthouse
located at III Dr. Martin Luther King Jr.
Boulevard, White Plains, New York
1~ on the day of
~-a-O-,2017.
lEWIS J. LUBEU.
PRE SEN T
HON.
suPREME COURT JUST1CE S6 4b- J
=B=ank==o=fN=e=w=Y=o=r=k=M=el=lo=n=,=f!k/=a=B=ank==o=fN=e=w===iI
York, as Trustee, in trust for the registered holders
Order of Reference
Foreclosure
t Mortgage
ofCWALT, Inc. Alternative Loan Trust 2007-19,
Mortgage Pass-Through Certificates, Series 2007-19 Index Number: 61001/2016
Plaintiff(s),
Premises: 77 Dell Ave., Mount
-against-
Vernon, NY 10553
Albert Stewart, Sharon Stewart; New York State
Tax Commission, People of the State of New York, Section: 165.56
LVNV Funding LLC, , and "JOHN DOE #1" Block: 2074
through "JOHN DOE #12," the last twelve names Lot: 15
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 premises
being foreclosed herein,
Defendant(s).
UPON, review of the Notice of Motion dated May 2, 2017, the Summons, Verified
Complaint and Notice of Pendency filed in this action on August 9, 2016, annexed thereto, and
upon the Affirmation of Ted Eric May, Esq., of Sheldon May & Associates, P.C., counsel for the
plaintiff, dated May 2, 2017, from which it appears that this action was brought to foreclose a
certain mortgage on real property situated in the County of WESTCHESTER, State of New
York, at 77 Dell Ave., Mount Vernon, NY 10553, (Section 165.56, Block 2074, Lot 15) by
reason of certain defaults as alleged in the Complaint, upon the Affidavit of Nicole Currey,
Supervisor for the servicing agent and Attorney in Fact for the Plaintiff in the above-entitled
action. The Power of Attorney allows for the Attorney in Fact to perform certain acts which
include but are not limited to foreclosure actions and the ancillary acts regarding same; the
Power of Attorney remains in full force and effect sworn to December 2, 2016, and itfurther
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FILED: WESTCHESTER COUNTY CLERK 06/20/2017 11:15 AM INDEX NO. 61001/2016
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/20/2017
appearing that all of the Defendants have been duly served with a copy of the Summons and'
Complaint or have appeared herein, copies of such affidavits of service being. annexed to the
motion as Exhibit "F" [except the Defendants "JOHN DOE #) through JOHN DO~ #12" who
were not served copies of the Summons and Complaint and are not necessary parties to this
action] and no answer has been interposed by the Defendants though the time so to do has
expired; arid it appearing that none of the Defendant[ s] is an infant,
.
incom~tent
./ /
or absentee, or .
in the military (unless same is indicated on the affidavit of service or other document), and that
since the filing of the Notice of Pendency on August 9, 2016, The complaint has not been
amended in any manner whatsoever.; on the pleadings and papers heretofore filed herein and no .
one appearing in opposition hereto; Settlement conference(s) was/were held October 13, 2016
and December 20, 2016. At the last conference the Defendant(s) did not appear and the Court
granted Plaintiff permission to proceed. Upon the reading and filing of the Affidavit pursuant to .
the October 2010 Administrative Order of The Chief Judge of the Courts of New York, as
supplemented and on the pleadings and papers heretofore filed herein and no one appearing in
opposition hereto;
NOW, on motion of Sheldon May & Associates, P.C., attorneys of record for the
. plaintiff,it is
ORDERED, that the motion is granted; and it is further,
ORDERED, that this action be, and the same is hereby referred to
-di
having an office at Ii
telephone number -I) ,as Referee to ascertain and compute the
amount due to the Plaintiff herein for principal, interest, and other disbursements advanced as
provided for by statute and in the'Note and Mortgage upon which this action ,was brought, to
examine and report whether or not the mortgaged premises should be sold in parcels; and itis
further . ' .JiI
./":' ()D
_ ~~OOr
ORDERED, that upon submission of the Referee's Report, the Plaintiff shall pay $!!5Q.9G -
to the Referee as compensation for his/her services, which sum may be recouped asa cost of
litigation and it is further
ORDERED, that the Referee appointed. herein is subject to the. requirements of Rule
36.2(c) of the Chief Judge, and if the Referee is -disqualified from receiving an appointment
pursuant to the provision of that Rule, the Referee shall notify the Appointing Judge forthwith;
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FILED: WESTCHESTER COUNTY CLERK 06/20/2017 11:15 AM INDEX NO. 61001/2016
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/20/2017
and it isfurther
ORDERED, that by accepting this appointment the Referee certifies that he/she is"
compliance with Part 36 of the Rules of the Chief Judge (22 NYCCR Part 36), including but not
limited to, Section 36.2( e) ("Disqualifications from appointment"), and Section 36.2( d)
("Limitations on appointments based upon compensation"); and iOs further
ORDERED, that a default judgment in favor of the Plaintiff be granted as to the claim
described in the Plaintiffs complaint herein; and it isfurther
9RDERED, that the caption of this action be amended by striking therefrom the
remaining Defendants sued herein as "John Doe #1" to "John Doe #12", and by amended in the
caption to add the following Defendants instead of and in place of the "John Doe #1" to "John
Doe #12" as listed in the caption as follows: "John Doe" all without prejudice to the proceedings
heretofore had herein; 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 WESTCHESTER
Bank of New York Mellon, flkJa Bank of New York, as " Index Number: 61001/2016
Trustee, in trust for the registered" holders of CW AL T, Inc ..
Alternative Loan Trust 2907-19, Mortgage Pass-Through Foreclosure of: 77 Dell Ave.,
Certificates, Series 2007-19 Mount Vernon, NY 10553
Plaintiff( s),
-against- Section 165.56
Block: 2074
Lot: 15
Albert Stewart, Sharon Stewart, New York State Tax
Commission, People of the State of New York, LVNV
FundiJ;lg LLC, "John Doe"
" ' Defendant(s).
ENTER,
kt
Justice
at:td-erJ.
of the Supreme Court .
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FILED: WESTCHESTER COUNTY CLERK 06/20/2017 11:15 AM INDEX NO. 61001/2016
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/20/2017
And it is further
ORDERED that if the Referee isdisqualifiedfiom receiving an
appointment pursuant to the provisions of Part 36 of the Rules of
the Chief Judge, the Referee shall immediately not{~y this, Court;
and it is further i
,i
ORDERED that within three days of appointment, the Referee
shall provide 'the Court with his/her email address. This
information must, be provided to Efraim Nieves at
enieves1@nycourts.gov, the Part Clerk for the undersignedi and it
is further
ORDERED THAT, purusant, to CPLR 8003(a), in the Court's
discretion, the Referee I s fee shall be $250.00 upon the report,
$500'.00 upon the sale, and $250.00 upon any sale cancelled with
less than 24 hours' noticei and it is further
ORDERED that Plaintiff shall fiAe{a mp,tion for Judgement of
Foreclosure and Sale on or before' ,+L;tjLL2 i and it
is further ',/ '
, ORDERED that the failure to timelY fil~ such motion shall b~
,deemed rion-compliant with this Court's directives and ma~ result in
the dismissal of the action or other appropriate sanction, without.
further notice, for failure to comp1Yi and'it is further
ORDERED' that if the motion cannot timely be made, an
appearance is' reguired. on the above date at 9:30 AM in Courtroom
1601 of the Westchester County Courthouse before the undersigned,
and a;detail'edle't ter shall be sent to ,the Court, ,,'wi thacopy ..
to
all appearing parties/attor-neys of record, ,at' least, 3 days in
adv~nce of the canference indicating the reasons ,fort the de lay i
and it is further
ORDERED that within 30 days of. the' sale, the Referee shall
file-e-file the Report of Sale and Foreclosure Action Surplus
Monies Forrn, and provide a copy 'to the Part CI,erk (Efraim Nieves,
at enieves1@nycourts.gov.
Dated: -viTI)'!... CA(? ' 2011
White Plains~ New York
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Preview
FILED: WESTCHESTER COUNTY CLERK 06/20/2017 11:15 AM INDEX NO. 61001/2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/20/2017 . ORIGINAL At lAS Part Jibofthe Supreme Court held in and for the County of WESTCHESTER, at the Courthouse located at III Dr. Martin Luther King Jr. Boulevard, White Plains, New York 1~ on the day of ~-a-O-,2017. lEWIS J. LUBEU. PRE SEN T HON. suPREME COURT JUST1CE S6 4b- J =B=ank==o=fN=e=w=Y=o=r=k=M=el=lo=n=,=f!k/=a=B=ank==o=fN=e=w===iI York, as Trustee, in trust for the registered holders Order of Reference Foreclosure t Mortgage ofCWALT, Inc. Alternative Loan Trust 2007-19, Mortgage Pass-Through Certificates, Series 2007-19 Index Number: 61001/2016 Plaintiff(s), Premises: 77 Dell Ave., Mount -against- Vernon, NY 10553 Albert Stewart, Sharon Stewart; New York State Tax Commission, People of the State of New York, Section: 165.56 LVNV Funding LLC, , and "JOHN DOE #1" Block: 2074 through "JOHN DOE #12," the last twelve names Lot: 15 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 premises being foreclosed herein, Defendant(s). UPON, review of the Notice of Motion dated May 2, 2017, the Summons, Verified Complaint and Notice of Pendency filed in this action on August 9, 2016, annexed thereto, and upon the Affirmation of Ted Eric May, Esq., of Sheldon May & Associates, P.C., counsel for the plaintiff, dated May 2, 2017, from which it appears that this action was brought to foreclose a certain mortgage on real property situated in the County of WESTCHESTER, State of New York, at 77 Dell Ave., Mount Vernon, NY 10553, (Section 165.56, Block 2074, Lot 15) by reason of certain defaults as alleged in the Complaint, upon the Affidavit of Nicole Currey, Supervisor for the servicing agent and Attorney in Fact for the Plaintiff in the above-entitled action. The Power of Attorney allows for the Attorney in Fact to perform certain acts which include but are not limited to foreclosure actions and the ancillary acts regarding same; the Power of Attorney remains in full force and effect sworn to December 2, 2016, and itfurther 1 of 4 FILED: WESTCHESTER COUNTY CLERK 06/20/2017 11:15 AM INDEX NO. 61001/2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/20/2017 appearing that all of the Defendants have been duly served with a copy of the Summons and' Complaint or have appeared herein, copies of such affidavits of service being. annexed to the motion as Exhibit "F" [except the Defendants "JOHN DOE #) through JOHN DO~ #12" who were not served copies of the Summons and Complaint and are not necessary parties to this action] and no answer has been interposed by the Defendants though the time so to do has expired; arid it appearing that none of the Defendant[ s] is an infant, . incom~tent ./ / or absentee, or . in the military (unless same is indicated on the affidavit of service or other document), and that since the filing of the Notice of Pendency on August 9, 2016, The complaint has not been amended in any manner whatsoever.; on the pleadings and papers heretofore filed herein and no . one appearing in opposition hereto; Settlement conference(s) was/were held October 13, 2016 and December 20, 2016. At the last conference the Defendant(s) did not appear and the Court granted Plaintiff permission to proceed. Upon the reading and filing of the Affidavit pursuant to . the October 2010 Administrative Order of The Chief Judge of the Courts of New York, as supplemented and on the pleadings and papers heretofore filed herein and no one appearing in opposition hereto; NOW, on motion of Sheldon May & Associates, P.C., attorneys of record for the . plaintiff,it is ORDERED, that the motion is granted; and it is further, ORDERED, that this action be, and the same is hereby referred to -di having an office at Ii telephone number -I) ,as Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and other disbursements advanced as provided for by statute and in the'Note and Mortgage upon which this action ,was brought, to examine and report whether or not the mortgaged premises should be sold in parcels; and itis further . ' .JiI ./":' ()D _ ~~OOr ORDERED, that upon submission of the Referee's Report, the Plaintiff shall pay $!!5Q.9G - to the Referee as compensation for his/her services, which sum may be recouped asa cost of litigation and it is further ORDERED, that the Referee appointed. herein is subject to the. requirements of Rule 36.2(c) of the Chief Judge, and if the Referee is -disqualified from receiving an appointment pursuant to the provision of that Rule, the Referee shall notify the Appointing Judge forthwith; 2 of 4 FILED: WESTCHESTER COUNTY CLERK 06/20/2017 11:15 AM INDEX NO. 61001/2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/20/2017 and it isfurther ORDERED, that by accepting this appointment the Referee certifies that he/she is" compliance with Part 36 of the Rules of the Chief Judge (22 NYCCR Part 36), including but not limited to, Section 36.2( e) ("Disqualifications from appointment"), and Section 36.2( d) ("Limitations on appointments based upon compensation"); and iOs further ORDERED, that a default judgment in favor of the Plaintiff be granted as to the claim described in the Plaintiffs complaint herein; and it isfurther 9RDERED, that the caption of this action be amended by striking therefrom the remaining Defendants sued herein as "John Doe #1" to "John Doe #12", and by amended in the caption to add the following Defendants instead of and in place of the "John Doe #1" to "John Doe #12" as listed in the caption as follows: "John Doe" all without prejudice to the proceedings heretofore had herein; 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 WESTCHESTER Bank of New York Mellon, flkJa Bank of New York, as " Index Number: 61001/2016 Trustee, in trust for the registered" holders of CW AL T, Inc .. Alternative Loan Trust 2907-19, Mortgage Pass-Through Foreclosure of: 77 Dell Ave., Certificates, Series 2007-19 Mount Vernon, NY 10553 Plaintiff( s), -against- Section 165.56 Block: 2074 Lot: 15 Albert Stewart, Sharon Stewart, New York State Tax Commission, People of the State of New York, LVNV FundiJ;lg LLC, "John Doe" " ' Defendant(s). ENTER, kt Justice at:td-erJ. of the Supreme Court . 3 of 4 FILED: WESTCHESTER COUNTY CLERK 06/20/2017 11:15 AM INDEX NO. 61001/2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 06/20/2017 And it is further ORDERED that if the Referee isdisqualifiedfiom receiving an appointment pursuant to the provisions of Part 36 of the Rules of the Chief Judge, the Referee shall immediately not{~y this, Court; and it is further i ,i ORDERED that within three days of appointment, the Referee shall provide 'the Court with his/her email address. This information must, be provided to Efraim Nieves at enieves1@nycourts.gov, the Part Clerk for the undersignedi and it is further ORDERED THAT, purusant, to CPLR 8003(a), in the Court's discretion, the Referee I s fee shall be $250.00 upon the report, $500'.00 upon the sale, and $250.00 upon any sale cancelled with less than 24 hours' noticei and it is further ORDERED that Plaintiff shall fiAe{a mp,tion for Judgement of Foreclosure and Sale on or before' ,+L;tjLL2 i and it is further ',/ ' , ORDERED that the failure to timelY fil~ such motion shall b~ ,deemed rion-compliant with this Court's directives and ma~ result in the dismissal of the action or other appropriate sanction, without. further notice, for failure to comp1Yi and'it is further ORDERED' that if the motion cannot timely be made, an appearance is' reguired. on the above date at 9:30 AM in Courtroom 1601 of the Westchester County Courthouse before the undersigned, and a;detail'edle't ter shall be sent to ,the Court, ,,'wi thacopy .. to all appearing parties/attor-neys of record, ,at' least, 3 days in adv~nce of the canference indicating the reasons ,fort the de lay i and it is further ORDERED that within 30 days of. the' sale, the Referee shall file-e-file the Report of Sale and Foreclosure Action Surplus Monies Forrn, and provide a copy 'to the Part CI,erk (Efraim Nieves, at enieves1@nycourts.gov. Dated: -viTI)'!... CA(? ' 2011 White Plains~ New York 4 of 4