Preview
FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
X INDEX NO. 15989/2009
FEDERAL NATIONAL MORTGAGE
ASSOCIATION ("FANNIE MAE"), A NOTICE OF ENTRY
CORPORATION ORGANIZED AND EXISTING
UNDER THE LAWS OF THE UNITED STATES,
Plaintiff
against
FRANK AMATO, MATTHEW AMATO, CAPITAL
ONE BANK, CITIBANK, N.A., AND JOSEPH
TARANTELLO,
Defendants.
X
PLEASE TAKE NOTICE that the within is a true copy of an Order Confirming Referee
Report and Judgment of Foreclosure and Sale granted on October 10, 2019 and duly entered in
the office of the clerk of the within named Court on October 18, 2019.
Dated: fe t-Lev to?J
We bury, New York
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
Attorney for Plaintiff
BY: 7
Ankit Mehta, Esq.
900 Merchants Concourse
Suite 310
Westbury, New York 11590
TO:
FRANK AMATO
84 HAYNES AVE
WEST ISLIP, NY 11795-1023
Ellilllillillilli IHillIllEM 11111111111111111111111111111115 111111111111 II I I
20-009428 -DeB
FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023
MATTHEW AMATO
84 HAYNES AVE
WEST ISLIP, NY 11795-1023
CAPITAL ONE BANK
11 SOUTH 12TH STREET
RICHMOND, VA 23219
CITIBANK, N.A.
ONE COURT SQUARE
LONG ISLAND CITY, NY 11101
JOSEPH TARANTELLO (AS JOHN DOE #1)
84 HAYNES AVENUE
WEST ISLIP, NY 11795-1023
PHILIP J. DEBELLIS, - REFEREE
ESQ
655 MAIN STREET
ISLIP, NY 11751
20-009428 - DeB
FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023
AhPart of the Supreme Court
held in t e County of Suffolk, at the 1
..... Court Street, Riverhead, New York.
''
4 1 1901, Courthouse thereof. on the
. 3
of de pÓ/( 201%l
day
PRESENT: IION. WILLIAM B. REBOUNI,
RTSTICE OF TIIE SUPREME COURT
DCT 18 2019
ENTERED:
COURT OF THE STATE OF NEW At
SUPREME oÆ
YORK COUNTY OF SUFFOLK
NATIONAL MORTGAGE Index No.: 15989/2009
FEDERAL
ASSOCIATION ("FANNTE MAE"), A
· ORDER CONFTRMING REFEREE
CORPORATION ŒRGANI7,ED AND EXTST1NG
LAWS OF TIIE UNITED STATES REPORT AND RIDGMENT OF
UNDER THE
OF AMERICA,
FORECLOSURE AND SALE
Plaintiff, MORTGAGED PROPERTY:
-against- 84 Haynes Avenue, West Islip, NY
11795
FRANK. AMATO, MATTIIEW AMATO, COUNTY: Suffolk
CAPITAL ONE BANK, CITIBANK, N.A., AND SBL #: District 0500 Section 311,00
JOSEPH TARANTET I,0, Block 02.00 Lot 114.003, p/o fonner
Lot 114.001
Defendants.
and Notice of Pendency filed in this action on April
V UPON the Su mmons, Cornplaint,
Notice filed in this action on November 25, 2013, the third
29 2009, the second of Pendency
action on April the Notice of Motion dated August
Notice of Pendency filed in this 21, 2017,
and the exhibits annexed thereto, th.e affidavit
, 2018, the affirmation of Robert Link, Esq.,
t due .Tacob Shuc who is Document Management Specialist of SETERUS,
of merit and a moun by
authorzied subservicer for F,EDERA.L NATT.ONAL MORTOAGE ASSOCIATION
INC. as
("FANNR A CORPORATION ORGANIZED AND EXTSTING UNDER THE LAWS
MAE"),
OF sworn to on. 7, 2017, the Order
OF THE. UNITEl STAT:BS AMERICA, duly February
FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023
striking the Answer of Defendant, FRANK AMATO, together with the exhibits annexed
all in support of Plaintiff's motion for a Judgment ofForeclosure and Sale; and
thereto,
UPON proof that cach of the Defendants herein has been duly served with the
Summons and Complaint in this action, and did not answer or othehvise appear, nor had
their time to so do and it appearing that more than the legally required nurnber of
extended;
days had clapsed since Defendants were so served and/or appeared; and Plaintiff having
' defendants is warranted; and
established to the court's satisfaction that a judgmentagainst
UPON the affidavit of re0ecting compliance with CPT.R 32I5(g)(3)(iii); and
mailing
UPON proof that non-appearing defendants are not absent, in accordance with RPAPL
§l321('2); and
A Referee been appointed to computo the amount due to Plaintiff upon the
having
bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged
property can be sold in parcels;and
UPON and the Report of PHIL1P J. DEBELLIS, ESQ, dated May 11,
reading filing
the sum of $638,879.58 due as of December 30, 2016 and that the mortgaged
2013, showing
nm±y-twt-beweM45parcelf, and
property
UPON proof of due notice of this inotion upon all parties entitled to receive same,
and upon all the prior proceedings and papers filed heroin;
on motion Robert attomey for the Plaintiff, it,is hereb
NOW, by Link, Esq.,
. ORDERED, ADJUDGED AND DECREED that the motion 1s and it is further
grantech
ORDERE.D, ADJUDGED AND DECREED that the Referee's Report be, and the same
in all respects ratified and confirmed; and it is further
is, hereby
.. ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in
the Complaint and as hereafter described, or such part thereof as may be sufficient to discharge
FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023
mortgage the expenses of the sale, and the costs of th.is action as provided by the
'the debt,
RPAPL be sold, within 90 days of the date of this Judgment, in one parcel, at a public auction at
ISUP TOWN ri/,t..:e.
STREET and under the direction of PHTT JP J. DERELLIS,
the . . .. 655 MAIN .. . by
ISUP, NY 11751
ESQ. appointed Reforce for that purpose; that said Referee give public notice of
whõ is hereby
timc and place of sale in accordance with RPA.PL §23 I i newspaperydesignated
the
. ud it is .ftather
..
herein as a Q _ . _. , _;
. gapse18(pin )Q
ORDERED, ADJUDGED AND DEC1RED that by acceptmg this appointment, the
Referee that he/she is in compliance with Part 36 of the Rules of the Chief Judge
certifies
(22 NYCRR Part but not limited to §36.2 (c) ("Disqualifications from
36), including,
and ("Limitations on appointments based upon compensation");
appointment") §36.2. (d)
if the Referee is disqualified from an appointment pursuant to the provisions
and, receiving
of that the Referee shall notify the Appointing Judge; and it is farther
Rule, immediately
ORDERED, ADJ ODOED AND DECREED that the Referee is prohibited from
or fands for him/herself or paying ftmds to him/herself without
accepting retaining any
compliance with Part 36 of the Rules of the ChieF Administrative Judge; and it is further
ORDE1RD, ADTODGED AN-D DECREED that the Referee shall conduct the
foreclosure salc if its successors and/or assignees, or its representative is
only Plaintiff,
present at the sale or the Referee has received a written bid and Terms of Sale from
its successors and/or assigns, or itsrepresentative; and it is further
Plaintiff,
ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the
sale wit lin. 90 days of the date of the judgment, iri accordance with CPT R 2004, -the tim.e
fq.cd ·is extended for the Referee tp condy.ct -the sale as soon as
by RPAP?·§1351(1)
and it is fu her . ... .
reasonably yacticable;
FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023
the Referec shall
ORDERED, ADRJDGED AND DECREED that at the time of sale
or the Plaintiff's attorney, just as diough Plaintiff
accept a written bid from the Plaintiff
present to submit said bid; and it is further
were physically
shall accept the bighest
ORDERED, ADRJDGED AND DECREED that the Referee
upon the court and shal.1 require that
who shall be identified record,
bid offered by a bidder
Terms of Salc for the purchase of the property,
the successful hidder immediately execute
bank ten percent (10%) of the sum bid,
to the in cash or certified or check.,
and pay Referee,
case no deposit. against the purchase price
successful bidder is Plaintiff in which
unless the
shall be required; and it is further
the event the .first successful
ORDERED, ADRJDOED AND DECREED that, in
the bidding upon the
bidder tails to execute the Terms of Sale immediately.1bilowing
the ten percent deposit as required, the
subject or fails to immediately pay (10%)
property
the same be rooffered at auction; and it is further
shall inunediately and on day
property
shall then deposit the .
ORDERED, ADRJDGFD AND DECREED that the Referee
anglessibankhinstitutioninsuredbythe FDIC . . ()p..
. m
down payment and proceeds of saic, as necessary, m _ ..... ...._ ..... his
accordance with CPLR 2609; and it is further
own name as Referee, in
DECREED tha:t after the property is sold, the
ORDERED, ADRIDGED .AND
in accordance with RPAPL §1353 and the
Referee shall execute a deed to the purchaser,
shall he deemed a binding contract; and it i.s further
terms of sale, which
DEC1RBD event a party other than the
ORDERED, ADJ1TDGED AND that, in the
. .
the of title shall be held no later.than 30
Plaintiff becomes the purch.aser at the sale, closing
otherwisc stipulated by.all parties to the sale; and it is
days after the (1._.e of sudh sale unless
.
further
FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023
ORD13RED, ADJUDGED AND D13CREED that, if Plaintiff (or its affiliate, as
defined in paragraph of subdivision 1 of section six-1 of the Banking T.aw) is the
(a)
..
purchascr,. such sha 1 place the back on the market for sale or other .
party property
occupancy: within 180 days of the execution of the decd of sale, or (b) within 90 days of
(a)
completion of construction, renovation, or rehabilitation of the property, provided that such
construction, renovation, or rehabilitation proceeded diligently to completion, whichever
comes provided however, thát a court of competent jurisdiction may grant an
first,
extension for good cause; and it is rurther
ORDERED, ADTUDGED AND DECREED that the Referee, on receiving the proceeds
of such sale, shall forthwith pay therefrom, in accordance with their priority according to law,
all assessments, sewer rents, or water rates, which are, or may become, liens on the
taxes,
at the time of sale, with such interest or penalties which may have lawfally accrued
property
thereon to the date ofpayment; and it is further
ADJUDGED ANT) DECREED, that the Referee then deposit the balance of
ORDERED,
said sale her/his own name as Referee in . . and shall
proceeds of in
thereañ.er mak.e the.following paymcuts Ïn accordance with RPAPL §l354, as lollows:
)
45
FIRST: The Referee's rees for conducting the sale, .in accordance with
statutory
nterstrrpiGperryTethrfor$60:00th0tormorc;-
CPLR 8003(b), nettmcimal $500.
7-----
SECOND: All taxes., assessments, and water rates that are liens upon the property
C.. · and monies to redeem the from sales for unpaid
necessary property any taxes, assessments,
J
or vater Watcs that have not become. absolute, and any 0.ther amounts due in accordance
wi.h lWAPL §l354(2). Purchaser sha.11.be responsible.for interest and penalties due on any
real taxes after the sale. The Referee shall not be responsible for the
property accruing
FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023
payment of penaitics or fees pursuant to this appointment. The Purchaser shall hold the
Referee harmless li-om such penalties or fees assessed;
any
THllu.): The expenses of the sale and the advertising expenses as shown on the bilis
and certified said Referee to be correct. duplicate copics of which shall be
presented by
annexed to the report of salc;
Referee shall then to the Plaintiff or its the folk wing:
1Ù0RTH: The pay attomey
Amount Due per Referee's Report $638,879.58 tvith interest at the note rate froin
December together with advances as provided for in
December 1, 2008 until 30, 2016, any
the note arid mortgage which Plaintiff has made for taxes, insurance, principal, and interest,
maintain the property.
and other charges duc to prior mortgages or to pending
any
consummation of this foreclosure sale, not previously included in the computation, upon
roccipts for sai.d expenditures to the Referce, all. together with interest
presentation of
pursuant to the note and and then with interest from the date of entry of
thereon mortgage,
this judgment at the rate un
Preview
FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X INDEX NO. 15989/2009 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE"), A NOTICE OF ENTRY CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES, Plaintiff against FRANK AMATO, MATTHEW AMATO, CAPITAL ONE BANK, CITIBANK, N.A., AND JOSEPH TARANTELLO, Defendants. X PLEASE TAKE NOTICE that the within is a true copy of an Order Confirming Referee Report and Judgment of Foreclosure and Sale granted on October 10, 2019 and duly entered in the office of the clerk of the within named Court on October 18, 2019. Dated: fe t-Lev to?J We bury, New York ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff BY: 7 Ankit Mehta, Esq. 900 Merchants Concourse Suite 310 Westbury, New York 11590 TO: FRANK AMATO 84 HAYNES AVE WEST ISLIP, NY 11795-1023 Ellilllillillilli IHillIllEM 11111111111111111111111111111115 111111111111 II I I 20-009428 -DeB FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023 MATTHEW AMATO 84 HAYNES AVE WEST ISLIP, NY 11795-1023 CAPITAL ONE BANK 11 SOUTH 12TH STREET RICHMOND, VA 23219 CITIBANK, N.A. ONE COURT SQUARE LONG ISLAND CITY, NY 11101 JOSEPH TARANTELLO (AS JOHN DOE #1) 84 HAYNES AVENUE WEST ISLIP, NY 11795-1023 PHILIP J. DEBELLIS, - REFEREE ESQ 655 MAIN STREET ISLIP, NY 11751 20-009428 - DeB FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023 AhPart of the Supreme Court held in t e County of Suffolk, at the 1 ..... Court Street, Riverhead, New York. '' 4 1 1901, Courthouse thereof. on the . 3 of de pÓ/( 201%l day PRESENT: IION. WILLIAM B. REBOUNI, RTSTICE OF TIIE SUPREME COURT DCT 18 2019 ENTERED: COURT OF THE STATE OF NEW At SUPREME oÆ YORK COUNTY OF SUFFOLK NATIONAL MORTGAGE Index No.: 15989/2009 FEDERAL ASSOCIATION ("FANNTE MAE"), A · ORDER CONFTRMING REFEREE CORPORATION ŒRGANI7,ED AND EXTST1NG LAWS OF TIIE UNITED STATES REPORT AND RIDGMENT OF UNDER THE OF AMERICA, FORECLOSURE AND SALE Plaintiff, MORTGAGED PROPERTY: -against- 84 Haynes Avenue, West Islip, NY 11795 FRANK. AMATO, MATTIIEW AMATO, COUNTY: Suffolk CAPITAL ONE BANK, CITIBANK, N.A., AND SBL #: District 0500 Section 311,00 JOSEPH TARANTET I,0, Block 02.00 Lot 114.003, p/o fonner Lot 114.001 Defendants. and Notice of Pendency filed in this action on April V UPON the Su mmons, Cornplaint, Notice filed in this action on November 25, 2013, the third 29 2009, the second of Pendency action on April the Notice of Motion dated August Notice of Pendency filed in this 21, 2017, and the exhibits annexed thereto, th.e affidavit , 2018, the affirmation of Robert Link, Esq., t due .Tacob Shuc who is Document Management Specialist of SETERUS, of merit and a moun by authorzied subservicer for F,EDERA.L NATT.ONAL MORTOAGE ASSOCIATION INC. as ("FANNR A CORPORATION ORGANIZED AND EXTSTING UNDER THE LAWS MAE"), OF sworn to on. 7, 2017, the Order OF THE. UNITEl STAT:BS AMERICA, duly February FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023 striking the Answer of Defendant, FRANK AMATO, together with the exhibits annexed all in support of Plaintiff's motion for a Judgment ofForeclosure and Sale; and thereto, UPON proof that cach of the Defendants herein has been duly served with the Summons and Complaint in this action, and did not answer or othehvise appear, nor had their time to so do and it appearing that more than the legally required nurnber of extended; days had clapsed since Defendants were so served and/or appeared; and Plaintiff having ' defendants is warranted; and established to the court's satisfaction that a judgmentagainst UPON the affidavit of re0ecting compliance with CPT.R 32I5(g)(3)(iii); and mailing UPON proof that non-appearing defendants are not absent, in accordance with RPAPL §l321('2); and A Referee been appointed to computo the amount due to Plaintiff upon the having bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged property can be sold in parcels;and UPON and the Report of PHIL1P J. DEBELLIS, ESQ, dated May 11, reading filing the sum of $638,879.58 due as of December 30, 2016 and that the mortgaged 2013, showing nm±y-twt-beweM45parcelf, and property UPON proof of due notice of this inotion upon all parties entitled to receive same, and upon all the prior proceedings and papers filed heroin; on motion Robert attomey for the Plaintiff, it,is hereb NOW, by Link, Esq., . ORDERED, ADJUDGED AND DECREED that the motion 1s and it is further grantech ORDERE.D, ADJUDGED AND DECREED that the Referee's Report be, and the same in all respects ratified and confirmed; and it is further is, hereby .. ORDERED, ADJUDGED AND DECREED, that the mortgaged property described in the Complaint and as hereafter described, or such part thereof as may be sufficient to discharge FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023 mortgage the expenses of the sale, and the costs of th.is action as provided by the 'the debt, RPAPL be sold, within 90 days of the date of this Judgment, in one parcel, at a public auction at ISUP TOWN ri/,t..:e. STREET and under the direction of PHTT JP J. DERELLIS, the . . .. 655 MAIN .. . by ISUP, NY 11751 ESQ. appointed Reforce for that purpose; that said Referee give public notice of whõ is hereby timc and place of sale in accordance with RPA.PL §23 I i newspaperydesignated the . ud it is .ftather .. herein as a Q _ . _. , _; . gapse18(pin )Q ORDERED, ADJUDGED AND DEC1RED that by acceptmg this appointment, the Referee that he/she is in compliance with Part 36 of the Rules of the Chief Judge certifies (22 NYCRR Part but not limited to §36.2 (c) ("Disqualifications from 36), including, and ("Limitations on appointments based upon compensation"); appointment") §36.2. (d) if the Referee is disqualified from an appointment pursuant to the provisions and, receiving of that the Referee shall notify the Appointing Judge; and it is farther Rule, immediately ORDERED, ADJ ODOED AND DECREED that the Referee is prohibited from or fands for him/herself or paying ftmds to him/herself without accepting retaining any compliance with Part 36 of the Rules of the ChieF Administrative Judge; and it is further ORDE1RD, ADTODGED AN-D DECREED that the Referee shall conduct the foreclosure salc if its successors and/or assignees, or its representative is only Plaintiff, present at the sale or the Referee has received a written bid and Terms of Sale from its successors and/or assigns, or itsrepresentative; and it is further Plaintiff, ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale wit lin. 90 days of the date of the judgment, iri accordance with CPT R 2004, -the tim.e fq.cd ·is extended for the Referee tp condy.ct -the sale as soon as by RPAP?·§1351(1) and it is fu her . ... . reasonably yacticable; FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023 the Referec shall ORDERED, ADRJDGED AND DECREED that at the time of sale or the Plaintiff's attorney, just as diough Plaintiff accept a written bid from the Plaintiff present to submit said bid; and it is further were physically shall accept the bighest ORDERED, ADRJDGED AND DECREED that the Referee upon the court and shal.1 require that who shall be identified record, bid offered by a bidder Terms of Salc for the purchase of the property, the successful hidder immediately execute bank ten percent (10%) of the sum bid, to the in cash or certified or check., and pay Referee, case no deposit. against the purchase price successful bidder is Plaintiff in which unless the shall be required; and it is further the event the .first successful ORDERED, ADRJDOED AND DECREED that, in the bidding upon the bidder tails to execute the Terms of Sale immediately.1bilowing the ten percent deposit as required, the subject or fails to immediately pay (10%) property the same be rooffered at auction; and it is further shall inunediately and on day property shall then deposit the . ORDERED, ADRJDGFD AND DECREED that the Referee anglessibankhinstitutioninsuredbythe FDIC . . ()p.. . m down payment and proceeds of saic, as necessary, m _ ..... ...._ ..... his accordance with CPLR 2609; and it is further own name as Referee, in DECREED tha:t after the property is sold, the ORDERED, ADRIDGED .AND in accordance with RPAPL §1353 and the Referee shall execute a deed to the purchaser, shall he deemed a binding contract; and it i.s further terms of sale, which DEC1RBD event a party other than the ORDERED, ADJ1TDGED AND that, in the . . the of title shall be held no later.than 30 Plaintiff becomes the purch.aser at the sale, closing otherwisc stipulated by.all parties to the sale; and it is days after the (1._.e of sudh sale unless . further FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023 ORD13RED, ADJUDGED AND D13CREED that, if Plaintiff (or its affiliate, as defined in paragraph of subdivision 1 of section six-1 of the Banking T.aw) is the (a) .. purchascr,. such sha 1 place the back on the market for sale or other . party property occupancy: within 180 days of the execution of the decd of sale, or (b) within 90 days of (a) completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation proceeded diligently to completion, whichever comes provided however, thát a court of competent jurisdiction may grant an first, extension for good cause; and it is rurther ORDERED, ADTUDGED AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according to law, all assessments, sewer rents, or water rates, which are, or may become, liens on the taxes, at the time of sale, with such interest or penalties which may have lawfally accrued property thereon to the date ofpayment; and it is further ADJUDGED ANT) DECREED, that the Referee then deposit the balance of ORDERED, said sale her/his own name as Referee in . . and shall proceeds of in thereañ.er mak.e the.following paymcuts Ïn accordance with RPAPL §l354, as lollows: ) 45 FIRST: The Referee's rees for conducting the sale, .in accordance with statutory nterstrrpiGperryTethrfor$60:00th0tormorc;- CPLR 8003(b), nettmcimal $500. 7----- SECOND: All taxes., assessments, and water rates that are liens upon the property C.. · and monies to redeem the from sales for unpaid necessary property any taxes, assessments, J or vater Watcs that have not become. absolute, and any 0.ther amounts due in accordance wi.h lWAPL §l354(2). Purchaser sha.11.be responsible.for interest and penalties due on any real taxes after the sale. The Referee shall not be responsible for the property accruing FILED: SUFFOLK COUNTY CLERK 06/19/2023 06:05 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 06/19/2023 payment of penaitics or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless li-om such penalties or fees assessed; any THllu.): The expenses of the sale and the advertising expenses as shown on the bilis and certified said Referee to be correct. duplicate copics of which shall be presented by annexed to the report of salc; Referee shall then to the Plaintiff or its the folk wing: 1Ù0RTH: The pay attomey Amount Due per Referee's Report $638,879.58 tvith interest at the note rate froin December together with advances as provided for in December 1, 2008 until 30, 2016, any the note arid mortgage which Plaintiff has made for taxes, insurance, principal, and interest, maintain the property. and other charges duc to prior mortgages or to pending any consummation of this foreclosure sale, not previously included in the computation, upon roccipts for sai.d expenditures to the Referce, all. together with interest presentation of pursuant to the note and and then with interest from the date of entry of thereon mortgage, this judgment at the rate un