Preview
FILED: ONONDAGA COUNTY CLERK 07/01/2022 04:30 PM INDEX NO. 000403/2016
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 07/01/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
X INDEX NO. 000403/2016
BANK OF NEW YORK MELLON TRUST
COMPANY, NA AS TRUSTEE FOR MORTGAGE NOTICE OF ENTRY
ASSETS MANAGEMENT SERIES I TRUST,
Plaintiff
Against
SCOTT PERLMAN, AS HEIR AND DISTRIBUTEE
OF THE ESTATE OF STUART PERLMAN, et al.
Defendant(s).
X
PLEASE TAKE NOTICE that the within is a true copy of an Order of Reference granted
on February 9, 2022 entered in the office of the clerk of the within named Court on February 9,
2022.
Dated: May 25, 2022
Westbury, New York
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorney for Plaintiff
BY:
Matthew Rothstein, Esq.
900 Merchants Concourse
Suite 310
Westbury, New York 11590
TO:
WILLIAM L. BALDUF
GUARDIAN AD LITEM
506E WASHINGTON ST
STE D
SYRACUSE, NY 13202
IllIAAllllllMAllgill AllAAINIlllMIAlllHIIAIA EllgAAllIAllHlllA
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SECRETARY OF HOUSING AND URBAN DEVELOPMENT
100 S. CLINTON STREET
SYRACUSE, NY 13261
HOME HEADQUARTERS, INC.
990 JAMES STREET
SUITE 100
SYRACUSE, NY 13203
DELAY DERMUID DBA COLOR COAT PAINTING, LLC
552 BRYANT AVENUE
SYRACUSE, NY 13204
LISA DELL, IN HER CAPACITY AS ONONDAGA COUNTY CLERK
COURT HOUSE
401 MONTGOMERY STREET
SYRACUSE, NY 13202
SCOTT PERLMAN AS HEIR AND DISTRIBUTEE OF THE ESTATE OF STUART
PERLMAN
907 CAPTIVA DR
HOLLYWOOD, FL 33019
RICHARD PERLMAN, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF STUART
PERLMAN
464 SOUTHWEST BALFOUR AVENUE
PORT SAINT LUCIE, FL 34953
BRETT PERLMAN, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF STUART
PERLMAN
3 JULIE DR
NORTHFIELD, NJ 08225
KAREN ROSENTHAL AS HEIR AND DISTRIBUTEE OF THEESTATE OF SALLY
GROSS A/K/A SARA JANE GROSS A/K/A SALLY ROSENTHAL
1200 SUNSET RD
BRENTWOOD, CA 94513
PEOPLE OF THE STATE OF NEW YORK
300 MOTOR PARKWAY
HAUPPAUGE, NY 11788
UNITED STATES OF AMERICA
100 S. CLINTON ST.
SYRACUSE, NY 13261
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NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 07/01/2022
INDEX NO. 000403/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
BANK OF NEW YORK MELLON TRUST COMPANY, NA AS TRUSTEE FOR
MORTGAGE ASSETS MANAGEMENT SERIES I TRUST,
Plaintiff,
-against-
SCOTT PERLMAN, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF
STUART PERLMAN, ET. AL.,
Defendants.
NOTICE OF ENTRY
ROBERTSON, ANSCHUTZ, SCHNEID, CRANB & PARTNERS, PLLC
Attorneys for Plaintif
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Phone: 516-280-7675
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NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 07/01/2022
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At
New
IAS
York,
_ held
of the
in and
Su1xeme
for the
Comt
County
of
of
the State
Onondaga
of
at the Comthouse thereof, 401 Montgomery Street
Syracuse, NY 13202, on the 9th of
February . 20_22_,
ONONDAOA
P RB S B N T:
Honorable Robert E. Antonacci H
J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
X
Crf BANK, N.A., .ORDER OF REEERENCE
PlaintifÇ
-against- INDEX NO.: 000403/2016
SCOTT PERLMAN, AS HEIR AND DISTRIBUTEE OF Prendses:
THE BSTATE OF STUART PERIRAN; BRETT 103 SCOTTHOLM
PERLMAN, AS HEIR AND DISTRIBUTEE OF THE BOULEVARD SYRACUSE,
ESTATE OF STUART PERLMAN; RICHARD NY13224
PERLMAN, AS HEIR AND DISTRIBUTEE OF THE
ESTATB OF STUART PERLMAN, any and all penens
unknown to plaintiff, niniming. or who may claim to have Section 037, Block 16,
an intemst in, or general or specific lion upon the real Lot 22.0
paperty described in this action; such unknown persons
being herein generally described and intended to be SgxLes
included in the fbllowing designation, namely: the wife, PHH Mortgage Corporation
widow, husband, widower, heirs at law, next of kin, Servicar Telephone:
descandan% executors, adminisrators, devisees, legatees, (866) 799-7724
creditors, trustees, committees, lienors, and assigness of
such deceased, any and all persons deriving interest in or
lion upon, or title to said real property by, through or under
them, ce either of them, and their respective wives, widows,
husbands, widowers, heirs at law, next of kin, descandan%
executors, adminiahutors, devisees, legatees, creditors,
trustees, committees, lienors and assigns, all of whom and
whose names, except as stated, are unknown to plaintiff,
KAREN ROSENTHAL, AS HBIR AND DISTRIBUTEE
OF TRB ESTATE OF SALLY OROSS F/K/A SALLY
ROSENTHAL; UNKNOWN HEIRS AND DISTRIBUTEE
OF THE ESTATE OF SALLY OROSS F/K/A SALLY
ROSENTHAL any and all persons unknown to plaintif F,
HIMRIMRMIlli 15|INMH255RI|R11I EllIAIMEMI
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as Q
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claiming, or who may claim to have an intemst in, or
general or specific lien upon the real pmporty described in
this action; such unknown peness being herein genemlly
described and infanded to be included in the fbilowing
designation, namely: the wife, widow, husband, widower,
heirs at law, next of kin, descendants, executors,
administrators, devisees, legasees, creditors, trustees,
committees, lienors, and assigness of such d-mad, any
and all persons derlying interest in or lien upon, or title to
said real properly by, thmugh or under them, or either of
them, and their respective wives, widows, husbands,
widowers, heirs at law, next of damaandanta
kin, executors,
adminiafrators, devisees, legatees, creditors, trustees,
committees, lienors and assigns, all of whom and whose
names, except as stated, are unknown to plaintift
SECRETARY OF HOUSINO AND URBAN
DEVELOPMENT; HOME HEADQUARTERS, INC.;
DELAY DE1UdtRD DBA COLOR COAT PADENO,
LLC; LISA DELL, IN HER CAPACITY AS ONONDAGA
COUNTY CLERK, PEOPLE OF THE STATE OF NEW
YORK, UNITED STATES OF AMERICA
#1"
"JOHN DOE thmugh "JOHN DOE #12, "the Inst
twelve names being flotltious and unknown to plaintiff the
peness or parties intended the tenant= cocupants
being
persons or corporations if any having or elmiming an interest
in or lien upon the premises described in the complaint,
X
Plainti#having moved this Court fbr an Order:
O stdking the answer of defendant(s)
and converting each such appearance to a general notice of appearance
pursuant to CPLR §3215, granting plaintiff defaultjudgment
0 pursuant to CPLR §3212, granting plaintiff summary judgment
a a=nding the caption to
0 delete defendant(s). _ __
O såbstitute the names of
fbr daFandant(s) John Doe and/or Jane Doe
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other _Sub.gitUting BANK OF NEW YORK MBILON TRUST COMPANY. NA
AS TRUSTEE POR MORTGAGE ASSETS MANAGEMSNT SERIES I TRUST into the
cautionktthe place and stead of PlaintifE followinn such substitutioff..that the Clerk of the
and,
Comt amend the docket and electmnic docket of the Court accordingly:
O pursuant to RPAPL §1321, appointing a Referee to compute the sums due plainti#on
the Note and Martgage
Óother [specify]: Deeming the refiled Notice of Pendenov timely- flied. nunc pro sme:
Deeming PlaintifPs lien superior to that of STUART PERLMAN;.
NOW, upon plaintif Ps O ex parte application or E motion heard on February 9, 2022 at
which time 0 plaintiff / Odefendant appeared, or E no appemances were requimd, and upon the
Summans and Complaint and proof that all da&ndants have been and upon proof
served, that the
time for all defendant(s) to answer or appear has expired, and upon the:
I) afHrmation of Quanisha Jones aiBrmed on November 29, with Exhibits
2021,
annamd"
2) afEdavit of Hedva D. Haviv, Esq. dated December 29, 2021, with Exhibits A -
S,__
annexed;
3) other [specify]:
it is heesby
ORDERED that the plaintifPs motion:
E fbe a defhult judgment pusuant to CPLR § 3215 and RPAPL § 1321 is gnmeed;
defhadanf(s)'
0 to sizike answer and f br sumnwy judgment pursuant to CPLR §3212 is
gnated;
0 other isnecifr1: DeeminMhe refiled Notice of Pendeedv timely filed mme ro ases:
. Deeming Plaintiffs lien sunselor to that of STUART PERLMAN::
and it is fhrther
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/09/20:
ORDERED that the capdon of this acdon is ==dM to
0 delete f be name(s) of darandanv(s) _
0 substitute the name(s) of for darandant(s) John Doe and/ce
Jane Doe
0 other [specifM:
and it is Auther
ORDERED that the capdon of this action as ==dad shall read as follows:
X
BANK OF NBW YORK MELLON TRUST
COMPANY, NA AS TRUSTHB MR
MORIGAGE ASSETS MANAGEMENT SERIES
I TRUST,
PlafndfRs),
v.
SCOTT PERLMAN, AS HEIR AND
DETRIBUTEB OF THE ESTATE OF STUART
PERINAN; BRETT PERLMAN, AS HER AND
DISTRIBUTEB OF THE ESTATE OF STUART
PERLMAN: RICHARD PERLMAN, AS HER
AND DISTRIBUTEB OF THE ESTATE OP
STUART PERLMAN, any and all peness
unknown to plaintifE alaiming. or who claim
may
to have an interest in, ar general or spealSc lion
upon the real pmparty described in this action; such
unimown penNns being herein generally described
and1m--da to be included in the ibuawing
designation, namely: the wifb, widow, innahand,
wklower, heirs at law, next of kin, d=and"=8m,
executors, ad=inistrators, devisees, legatees,
creditors, trustees, committees, lienors, and
assigness of such deceased, any and all penens
deriving interest in or lien upon, or title to said real
properly by, through or under them, or either of
them, and their:espective wives, widows,
husbands, widowers, heirs at law, next of kin,
descendants, executors, admini"*nien""
devisees,
creditorR, a=snlffm llanggg gad
trUstees,
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assigns, all of whom and whose names, except as
stated, are unknown to plainti KAREN
ROSBNTHAL, AS HBIR AND DISTRIBUTBE
OF THE ESTATE OF SALLY OROSS F/K/A
SALLY ROSBNTHAL; UNKNOWN HEIRS AND
DISTRIBUTEB OF THE BSTATE OF SALLY
OROSS F/K/A SALLY ROSBNTHAL any and all
penNns unknown to plaintifÇ claiming, or who may
claim to have an interest in, or general or speciHe
Ifen upon the real propeziy described in this action;
such unknown persons being herein generally
described and intandad to be included in the
following designation, namely: the wife, widow,
husband, widower, hairs at law, next of kin,
descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, Iienors,
and assignees of such deceased, and all persons
any
deriving interest in or lien upon, or title to said real
paperty by, through or under them, or either of
them, and their respective wives, widows,
husbands, widowers, heirs at law, next of kin,
damnandanta, executors, adminisrators, devisees,
legatees, oreditors, tmstees, committees, lienors and
assigns, all of whom and whose names, except as
stated, are nn1rnawn to plainti SBCRETARY OF
HOUSING AND URBAN DEVELOPIWEIT;
HOME HEADQUARTERS,
INC.; DELAY
DERMUID DBA
COLOR COAT PAINTING,
LLC; LISA DELL, IN HER CAPACITY AS
ONONDAGA COUNTY CLERK, PBOPLB OF
THB STATB OF NEW YORK, UNITED STATES
OF AMERICA,
#1"
"JOHN DOB through "JOHN DOE #12, "the
last twelve names being Hctitious and unknown to
plaintiff the persons or parties ineandad the
being
tenants occupants penens ce corporations if any
having or n1aiming an interest in or lion upon the
pmmises described in the complaint,
Defendant(s).
--..-..-..----------------------------------X
ORDERED that [the Comt will designate the Refhree]
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MP Mil9£fUFCENTER RD STE 204 RECEIVED NYSCEF: 02/09/20
AST SYRACUSE, NY 13057-2843
15-437-3909
. Joelle E. Rotondo
h: 6701 Manlius Center Road Suite 204
East Syracuse, NY 13057-2843
(315) 437-3909
is hushy sppointed ReAues to ascertain, compute and report the total ammmt due to
plainair as unpaid prinalpal, acerned tonest and an --hta mortgage costs and
attorneys'
expuses other than thes secured by the Note and Moriggs sued upon and set
fhath in the Counphdnt, and to emunine and report as to whether the mortgaged premises
should be sold in ane peost The Ramese shan not be required to nodon or oanduct a
and the plainfis submit to the Rommes its proof and it is thrther
hearing may by sBhlavit;
ORDERED that by anosptiq this appointment the Reflees emedfhn that harshe is
in mle= with Part 36 of the Rides of the Chief .ludge (22 NYCRR Part 36)