Preview
FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021
Exhibit O
{5318969: }
FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF WARREN
WELLS FARGO BANK, NA,
. .
NOTICE OF ENTRY
Plaintiff,
vs. INDEX NO.: 65280
SBL #: 286.12-1-5
CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. ALLEN
A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF
NEW YORK, GARRICK DITLEFSEN, JENNIFER ALLEN, and
PAUL ARTHUR LEVINE, CHAPTER 7 TRUSTEE,
Defendants.
PLEASE TAKE NOTICE that the within is a true copy of the Order of Reference, duly entered in the Office
of the Warren County Clerk on October 24, 2019.
Dated: (QfÛ
WOODS OVIATT GILMAN LLP
Kristin M. Bolduc, Esq.
Attorneys for Plaintiff
500 Bausch & Lomb Pl.
Rochester, New York 14604
Telephone: 855-227-5072
TO:
Christopher M. Allen a/k/a Christopher R. Allen a/k/a Christopher Allen
40 Queen Mary Drive
Queensbury, NY 12804
People of the State of New York
Justice - State Capitol
Building
Albany, NY 12224
Garrick Ditlefsen
1353 Lake Avenue
{7842666: }20181135
FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021
Lake Luzerne, NY 12846
Jennifer Allen
1353 Lake Avenue
Lake Luzerne, NY 12846
Jeffrey McMorris, Esq.
Appointed Referee
9 Broad St.
P.O. Box 3271
Glens Falls, NY 12801
Paul Arthur Levine, Chapter 7 Trustee
Lemery Greisler, LLC
50 Beaver St
Albany, NY 12207
RE: Notice of Entry for Judgment of Foreclosure and Sale
WELLS FARGO BANK, NA v. Christopher M. Allen a/k/a Christopher R. Allen a/k/a Christopher Allen et al.
Warren Supreme Court - Index No.: 65280
County
{7842666: }
FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF WARREN
WELLS FARGO BANK, NA
AFFIDAVIT OF SERVICE
Plaintiff,
vs. INDEX NO.: 65280
SBL #: 286.12-1-5
CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. ALLEN
A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF
NEW YORK, GARRICK DITLEFSEN, JENNIFER ALLEN, and
PAUL ARTHUR LEV1NE, CHAPTER 7 TRUSTEE,
Defendants.
STATE OF NEW YORK)
MONROE COUNTY )SS.:
I, c\ccr_\P n , being duly sworn, deposes and says: Deponent is not a party to this
action, is over 18 years of age, and resides in Rochester, New York. On Dece.-pher I (o , RoN , deponent
served a NOTICE OF ENTRY of the Judgment of Foreclosure and Sale upon:
Christopher M. Allen a/k/a Christopher R. Allen a/k/a Christopher Allen
40 Queen Mary Drive
Queensbury, NY 12804
People of the State of New York
Justice - State Capitol
Building
Albany, NY 12224
Garrick Ditlefsen
1353 Lake Avenue
Lake Luzerne, NY 12846
Jennifer Allen
1353 Lake Avenue
Lake Luzerne, NY 12846
{7842666: }
FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021
Jeffrey McMorris, Esq.
Appointed Referee
9 Broad St.
P.O. Box 3271
Glens Falls, NY 12801
Paul Arthur Levine, Chapter 7 Trustee
Lemery Greisler, LLC
50 Beaver St
Albany, NY 12207
By depositing a true copy, in a postpaid properly addressed envelope, in a post office box under the exclusive
care and custody of the United States Postal Service at Rochester, New York.
lerk
Sworn to before me this
AMANDA L HUGHES
State of New York
26 l¾ Notary Public,
Quelified in Monroe County
No. 01HU6293056
Commission Expires November 18, 202
.
Notary Pubhe
RE: Affidavit of Service for Notice of Entry for Judgment of Foreclosure and Sale
WELLS FARGO BANK, NA v. Christopher M. Allen a/lda Christopher R. Allen a/lda Christopher Allen et al.
Warren Supreme Court - Index No.: 65280
County
{7842666: }
FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021
At Part __ of the Supreme Court
held×in the County of Warren
at t ourthouse thereof on the
day of
Octobe r , 2019.
Present: HONORABLE PAULETTE KERSHKO
JUSTICE OF THE SUPREME COURT
Index No,: 65280
WELLS FARGO BANK, NA,
. Plaintiff(s), ORDER OF REFERENCE
v. AND DEFAULT JUDGMENT
CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. Mortgaged Property:
ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE 1353 Lake Avenue
STATE OF NEW YORK, Lake Luzerne, NY 12846
and JOHN DOE,
Defendant(s). COUNTY: WARREN
SBL#: 286.12-1-5
26"1
UPON the hmmons, C plñiñt, and Notice of Pendency filed in this action on the day
of April, 2018, the Notice of Motion dated 3uns(dt7A@, the affirmation of Kristin M. Bolduc,
Esq., and the exhibits annexed thereto, the affidavit of merit and amount due by Jeaneika Duncan
who is Vice President of Loan Documentation of Wells Fargo Bank, NA, sworn to on July 31,
duly
2018, together with the exhibits attached thereto, and all prior papers filed in this action and prior
proceedings had herein; and
UPON proof that each of the Defendants herein has been duly served with the·Summons
and Complaint in this action and required notices; and
UPON a Notice of Appearance by United States of America;
AND it appearing that the Defendant/mortgagor is not a resident of the property subject to
foreclosure,
AND it appearing that CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. ALLEN
A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF NEW YORK, GARRICK
DITLEFSEN, and JENNIFER ALLEN time to answer the complaint has expired; and
ORDER OF REFERENCE
2018-65280
10/24/2019 02:5o:08 PM
Receipt# 2019507262
o Pages
{7356204:2 }20181135 PamelaJ. Vogel, Warren Co Clerk FILED
FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021
B
AND it appearing to the satisfection of this court that this action was brought to foreclose a
mortgage on real property located at 1353 Lake Avenue, Lake Luzeme, NY 12846, in the County of
Warren, State ofNew York (Section 286.12 Block 1 Lot 5),
NOW, on motion by Woods Oviatt Gilman LLP, attorney for Plaintiff, it is hereby
ORDERED that the Defcñdrgits CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R.
ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF NEW YORK,
GARRICK DITLEFSEN, and JENNIFBR ALLEN are determined to be in default; and it is further
ORDERED that S I 2.5Q.35% -$32 it an address of
D(iff
1 406) M• 6 J$(x 727; mfa t h O y , is hereby appointed Referee, in accordance with
RPAPL § 1321, to compute the amoüñt due to Plaintiff and.to exarnine whether the mortgaged
property may be sold in parcels; and it is further
ORDERED that the Referee make his/her computation and report with all convenient speed;
and it is further
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL § 1321;
and it is further
ORDERED that by accepting this appointment the Referee certifies that he/she is in
ecñipliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
limit d to §36.2(c) ("Disqualifications from appoinment"), and § 36.2(d) ("Limitations on
a ointments based upon compensation"), and, if the Referee is disqualified from receiving an
appointment pursuant to the provisions of that Rule, the Referee shall immedietely notify the
Appointing Judge; and it is further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $350.00, and-in-the .
41seretiendthe-eeur.t,-a-feed$- of the
, shall be paid to the Referee for the computation
amount due and upon the filing of his/her report and the Referee shall not request or accept
additional compensation for the computadon unless it has been fixed by the court in accordance
with CPLR 8003(a); and it is further.
ORDERED that the Referee is prohibited from accepting or retaidng any thnds for
him/herself of paying funds to him/herself with cosigil&icc with Part 36 of the Rules of the Chief
Administrative Judge; and it is further
ORDERED that GARRICK DITLEFSEN and JENNIFER ALLEN be added as party
Doe" Ddandant
Defendants in this action AND that "John be removed as a party in this action and
FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021
Doe"
the caption of this action be smcaded to reflect the rercoval of "John as a party Defêñdant; and
it is further
ORDERED, that the caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
WELLS FAROO BANK, NA, Index No.: 65280
Plaintiff(s),
v. Mortgaged Property:
1353 Lake Avenue
RISTOPHER M. ALLEN A/K/A CHRISTOPHER R. Lake Luzerne, NY 12846
ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE
STATE OF NEW YORK, OA ITLEFSEN, COUNTY: WARREN
JENNIFER ALL N
Defendant(s), SBL#: 286,12-1-5
)|th ( flf
and it is further
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all
parties and persons entitled to notice, indüdiñg the Referee appoiñted herein.
This constitutes the decision and order of the court.
Dated: OCfDbef 24 (7
)
ENT < :
Ho8, PA (ALGTT m. MEr(SRKO
AJ.S.C.
(7356204:2 )20181 135
Preview
FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021 Exhibit O {5318969: } FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF WARREN WELLS FARGO BANK, NA, . . NOTICE OF ENTRY Plaintiff, vs. INDEX NO.: 65280 SBL #: 286.12-1-5 CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF NEW YORK, GARRICK DITLEFSEN, JENNIFER ALLEN, and PAUL ARTHUR LEVINE, CHAPTER 7 TRUSTEE, Defendants. PLEASE TAKE NOTICE that the within is a true copy of the Order of Reference, duly entered in the Office of the Warren County Clerk on October 24, 2019. Dated: (QfÛ WOODS OVIATT GILMAN LLP Kristin M. Bolduc, Esq. Attorneys for Plaintiff 500 Bausch & Lomb Pl. Rochester, New York 14604 Telephone: 855-227-5072 TO: Christopher M. Allen a/k/a Christopher R. Allen a/k/a Christopher Allen 40 Queen Mary Drive Queensbury, NY 12804 People of the State of New York Justice - State Capitol Building Albany, NY 12224 Garrick Ditlefsen 1353 Lake Avenue {7842666: }20181135 FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021 Lake Luzerne, NY 12846 Jennifer Allen 1353 Lake Avenue Lake Luzerne, NY 12846 Jeffrey McMorris, Esq. Appointed Referee 9 Broad St. P.O. Box 3271 Glens Falls, NY 12801 Paul Arthur Levine, Chapter 7 Trustee Lemery Greisler, LLC 50 Beaver St Albany, NY 12207 RE: Notice of Entry for Judgment of Foreclosure and Sale WELLS FARGO BANK, NA v. Christopher M. Allen a/k/a Christopher R. Allen a/k/a Christopher Allen et al. Warren Supreme Court - Index No.: 65280 County {7842666: } FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF WARREN WELLS FARGO BANK, NA AFFIDAVIT OF SERVICE Plaintiff, vs. INDEX NO.: 65280 SBL #: 286.12-1-5 CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF NEW YORK, GARRICK DITLEFSEN, JENNIFER ALLEN, and PAUL ARTHUR LEV1NE, CHAPTER 7 TRUSTEE, Defendants. STATE OF NEW YORK) MONROE COUNTY )SS.: I, c\ccr_\P n , being duly sworn, deposes and says: Deponent is not a party to this action, is over 18 years of age, and resides in Rochester, New York. On Dece.-pher I (o , RoN , deponent served a NOTICE OF ENTRY of the Judgment of Foreclosure and Sale upon: Christopher M. Allen a/k/a Christopher R. Allen a/k/a Christopher Allen 40 Queen Mary Drive Queensbury, NY 12804 People of the State of New York Justice - State Capitol Building Albany, NY 12224 Garrick Ditlefsen 1353 Lake Avenue Lake Luzerne, NY 12846 Jennifer Allen 1353 Lake Avenue Lake Luzerne, NY 12846 {7842666: } FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021 Jeffrey McMorris, Esq. Appointed Referee 9 Broad St. P.O. Box 3271 Glens Falls, NY 12801 Paul Arthur Levine, Chapter 7 Trustee Lemery Greisler, LLC 50 Beaver St Albany, NY 12207 By depositing a true copy, in a postpaid properly addressed envelope, in a post office box under the exclusive care and custody of the United States Postal Service at Rochester, New York. lerk Sworn to before me this AMANDA L HUGHES State of New York 26 l¾ Notary Public, Quelified in Monroe County No. 01HU6293056 Commission Expires November 18, 202 . Notary Pubhe RE: Affidavit of Service for Notice of Entry for Judgment of Foreclosure and Sale WELLS FARGO BANK, NA v. Christopher M. Allen a/lda Christopher R. Allen a/lda Christopher Allen et al. Warren Supreme Court - Index No.: 65280 County {7842666: } FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021 At Part __ of the Supreme Court held×in the County of Warren at t ourthouse thereof on the day of Octobe r , 2019. Present: HONORABLE PAULETTE KERSHKO JUSTICE OF THE SUPREME COURT Index No,: 65280 WELLS FARGO BANK, NA, . Plaintiff(s), ORDER OF REFERENCE v. AND DEFAULT JUDGMENT CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. Mortgaged Property: ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE 1353 Lake Avenue STATE OF NEW YORK, Lake Luzerne, NY 12846 and JOHN DOE, Defendant(s). COUNTY: WARREN SBL#: 286.12-1-5 26"1 UPON the hmmons, C plñiñt, and Notice of Pendency filed in this action on the day of April, 2018, the Notice of Motion dated 3uns(dt7A@, the affirmation of Kristin M. Bolduc, Esq., and the exhibits annexed thereto, the affidavit of merit and amount due by Jeaneika Duncan who is Vice President of Loan Documentation of Wells Fargo Bank, NA, sworn to on July 31, duly 2018, together with the exhibits attached thereto, and all prior papers filed in this action and prior proceedings had herein; and UPON proof that each of the Defendants herein has been duly served with the·Summons and Complaint in this action and required notices; and UPON a Notice of Appearance by United States of America; AND it appearing that the Defendant/mortgagor is not a resident of the property subject to foreclosure, AND it appearing that CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF NEW YORK, GARRICK DITLEFSEN, and JENNIFER ALLEN time to answer the complaint has expired; and ORDER OF REFERENCE 2018-65280 10/24/2019 02:5o:08 PM Receipt# 2019507262 o Pages {7356204:2 }20181135 PamelaJ. Vogel, Warren Co Clerk FILED FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021 B AND it appearing to the satisfection of this court that this action was brought to foreclose a mortgage on real property located at 1353 Lake Avenue, Lake Luzeme, NY 12846, in the County of Warren, State ofNew York (Section 286.12 Block 1 Lot 5), NOW, on motion by Woods Oviatt Gilman LLP, attorney for Plaintiff, it is hereby ORDERED that the Defcñdrgits CHRISTOPHER M. ALLEN A/K/A CHRISTOPHER R. ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF NEW YORK, GARRICK DITLEFSEN, and JENNIFBR ALLEN are determined to be in default; and it is further ORDERED that S I 2.5Q.35% -$32 it an address of D(iff 1 406) M• 6 J$(x 727; mfa t h O y , is hereby appointed Referee, in accordance with RPAPL § 1321, to compute the amoüñt due to Plaintiff and.to exarnine whether the mortgaged property may be sold in parcels; and it is further ORDERED that the Referee make his/her computation and report with all convenient speed; and it is further ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL § 1321; and it is further ORDERED that by accepting this appointment the Referee certifies that he/she is in ecñipliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limit d to §36.2(c) ("Disqualifications from appoinment"), and § 36.2(d) ("Limitations on a ointments based upon compensation"), and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immedietely notify the Appointing Judge; and it is further ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $350.00, and-in-the . 41seretiendthe-eeur.t,-a-feed$- of the , shall be paid to the Referee for the computation amount due and upon the filing of his/her report and the Referee shall not request or accept additional compensation for the computadon unless it has been fixed by the court in accordance with CPLR 8003(a); and it is further. ORDERED that the Referee is prohibited from accepting or retaidng any thnds for him/herself of paying funds to him/herself with cosigil&icc with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED that GARRICK DITLEFSEN and JENNIFER ALLEN be added as party Doe" Ddandant Defendants in this action AND that "John be removed as a party in this action and FILED: WARREN COUNTY CLERK 10/22/2021 11:54 AM INDEX NO. EF2018-65280 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/22/2021 Doe" the caption of this action be smcaded to reflect the rercoval of "John as a party Defêñdant; and it is further ORDERED, that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WARREN WELLS FAROO BANK, NA, Index No.: 65280 Plaintiff(s), v. Mortgaged Property: 1353 Lake Avenue RISTOPHER M. ALLEN A/K/A CHRISTOPHER R. Lake Luzerne, NY 12846 ALLEN A/K/A CHRISTOPHER ALLEN, PEOPLE OF THE STATE OF NEW YORK, OA ITLEFSEN, COUNTY: WARREN JENNIFER ALL N Defendant(s), SBL#: 286,12-1-5 )|th ( flf and it is further ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, indüdiñg the Referee appoiñted herein. This constitutes the decision and order of the court. Dated: OCfDbef 24 (7 ) ENT < : Ho8, PA (ALGTT m. MEr(SRKO AJ.S.C. (7356204:2 )20181 135