Preview
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 11/01/2023
Exhibit O
{5318969:}
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
INDEX NO. 805833 /2022
FILED
NYSCEF : ERIE
DOC. COUNTY
NO. 86 CLERK 09/27/2023 08:32 AM| RECEIVED NYSCEF: 11/01/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
M&T BANK, NOTICE OF ENTRY
Plaintiff, Index No.: 805833/2022
v. Property Address:
8497 Heath Road
CODY J. NICHOLS, MANUFACTURERS AND Colden, NY 14033
TRADERS TRUST COMPANY,
Defendants.
PLEASE TAKE NOTICE that the within is a true copy of the Order of Reference and Default
Judgment, duly entered in the Office of the Erie County Clerk on September 20, 2023.
Dated: 9/26/2023
Monroe County
Rochester, New York
Aleksandra K. Fugate, Esq.
Woods Oviatt Gilman LLP
Attorneys for Plaintiff
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
TO:
Frank C. Callochia, Esq.
Guardian Ad Litem for Cody J. Nichols
16 Bidwell Pkwy
Buffalo, NY 14222
Manufacturers and Traders Trust Company
OneM&T Plaza
Buffalo, NY 14203
Brian G. Stamm, Esq.
Court-appointed Referee
1127 Wehrle Dr Ste. 100
Williamsville, NY 14221
105180-1 M&T Bank v. Cody J. Nichols, et al.
Erie County Supreme Court, Index #: 805833/2022
1 of 2
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
F ILE D : ERIE INDEX NO . 8 0 5 8 33 2022
NYSCEF DOC. NO. 86COUNTY CLERK 09/20/20 23 0 4:02 PM|
/
RECEIVED NYSCEF: 11/01/2023
NYSCEF DOC. NO. 63 RECEIVED NYSCEF : 0 9/ 2 0 / 2 02 3
At Part 26 of the Supretne Court
held in the County of Faic
at the ouse thereof on the
september , 20 21.
PresentHONORABLE Donna M. Siwek
US TICE OF THE SUPRBdB COURT
$UPRFME COURT OF THB STATH OF h@YORK
C OUNTY OF ERIB
MAT BANK, ORDER 0F REFERENCE
AND DEFAULT JUDGMENT
Plainti
Index No.: 805833/2022
v.
Propaty Address:
CODY L NICHOLS, MANUFACTORERS AND 8497 Heath Road
TRADERS TRUST COMPANY, JOBN DO¾ NY 14033
Colden,
Defendant. COUNTY:ERIE
SBLNo.: 243,03-3-23.11
Mortgage Servicer: M&T Bank
Telephone Number: 1-716-343-
6260
UPON the Summons, Complaint, and Notice of Pendency filed in this action on May 17,
2022, the Notice of Motion dated August 8, 2023, the affirmation ofBrettanie L. Hart Saxton, Esq.,
and the exhibits annexed thereto, the affidavit in support of±otion for default judgment and order
of reference by Summer Young who is Assistant Vice President of M&T Bank, duly sworn to on
July 26, 2023, together with the exhibits anached 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 Sutomans
and Complaint in this action and required notices; and
105180-1
M&T.Bank Vs, Cody J. Nichols, et at
Erie County Supreme Court, Index #: 805833/2022
1 of 4
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
FILED
NYSCEF : ERIE
DOC. NO. 86COUNTY CLERK 0 9/ 2 0 / 2 0 2 3 0 4 : 0 2 INDEX
RECEIVED NO.
NYSCEF:805833/ 2022
11/01/2023
PM)
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 09/20/2023
DPON a Notice of Appearance by Frank C. Callocchia, Esq., as appointed Guardian Ad
Litem;
AND it appearing that CODY J. NICHOLS and MANUFACTURERS AND TRADERS
TRUST COMPANY's time to answer the complaint has expired; and
AND it appearing to tbo satisihotion of this court that this action was brought to foreclose
a mortgage on real property located at 8497 Heath Road, Colden,NY 14033, in the County ofErie,
state of New York (SBL No.: 243.03-3-23.11).
NOW, on motion by Woods Oviatt Gilman LLP, attorney for Plaintiff, it is hereby
ORDERED that the Defendant(s) CODY J. NICHOLS and MANUFACTURERS AND
TRADERS TRUST COMPANY are determined to be in default; and it is further
ORDERED that fl(1
!I (LiVYtAA hereby appointed
Referee, in accordance with RPAPL § l321, to compute the amount due to Plaintiff and to examine
whether the mortgaged property may be sold in parcels; and it is further
ORDERED that the Refereemake his/her computation and report with aU convenient speed;
and it is father
ORDERED that, if necessary, the Referee may take testitnony pursuant to RPAPL § 1321;
and it is further
ORDERED that this appointment the Referee certifies that be/she is in
by accepdng
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
105180-1
M&T Bank vs. Cody L Nichols, et at
Erie County Supreme Court, Index #: 805833/2022
2 of 4
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
FILED ERIE INDEX NO. 8 05 83 3 / 2 0 22
NYSCEF :
DOC. NO. 86COUNTY CLERK 09/20/2023 04:02 PM| RECEIVED NYSCEF: 11/01/2023
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 09/20/2023
limited to §36.2(c) ("Disqualifications from appointment"), and § 36.2(d) ("Limitations on
appointnients based upon compensation"), and, if the Referee is disqualified from receiving an
appointreent pursuant to the provisions of that Rule, the Referee shan imraediately notify the
Appointing
ORDERED
Judge; and it is further
that, pursuant to CPLR
shall
8003(a),
be paid
the statutory
to the Referee
fee
for
of $350.00,
the computation
h of the
amount due and upon the of his/her report and the Referee shall not request or accept
filing
additional compensal.ion for the computation unless it has been fixed by the court in accordance
with CPLR 8003(a); end it is further.
ORDERED that the Referee is prohibited from accepting or rehining any funds for
him/herself of paying fnads to him/herself with compliance with Part 36 of the Rules of the Chief
Adrninietrative Judge; and it is further
Doe" Doe"
Ordered that "John be removed as a party Defendant in this action as no "John
occupants reside at the property and the caption of this action be amended to refleet the removal
Doe"
of "John as a party Defendant; and it is further
TES SPACE INTENT.NALLY LEFT BLANK
105180-I
M&T Bank vs. Cody J. Nichols, et at
Erie County Supreme Court, Indes #: 805833/2022
3 of 4
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
FILED : ERIE COUNTY CLERK 09/20/2023 0 4:02 INDEX NO . 8 0 5 8 33 / 2 0 2 2
NYSCEF DOC. NO. 86 Pl! RECEIVED NYSCEF: 11/01/2023
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 09/20/2023
ORDERED, that the caption shall road as hilows:
SUPREMECOURT OF THE STATE OF NEW YOR10
COUNTY OF ERIE
M&T BANK Index No.: 305833/2022
Plaintig Property Addrera:
8497 Heath Road
v. NY 14033
Coldon,
CODY J. NICHOLS, MANUFACTURERS AND COUNTY: ERIE
TRADERS TRUST COMPANY, SBL No.: 243.03-3-23.11
Defendant.
and it is further
ORDERED that Plaintiff aball serve a copy of this Order with notice of entry on all pardes
and persons entitled to notice, including the Referee appointed berein.
This consetutes the decision and order of the court,
4N M slWE 5
105180-1
M&T Bank vs. Cody L Nichols, et al.
Ede County Supreme Court, Index #: 805833/2022
4 of 4
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022
INDEX NO. 805833/2022
FILED
NYSCEF : ERIE
DOC. COUNTY
NO. 86 CLERK 09 2 3 08:3 RECEIVED NYSCEF: 11/01/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
M&T BANK, CERTIFICATE OF SERVICE
Plaintiff, Index No.: 805833/2022
v.
CODY J. NICHOLS, MANUFACTURERS AND
TRADERS TRUST COMPANY,
Defendants.
CERTIFICATE OF SERVICE
I, HEREBY CERTIFY that on September 27, 2023, I caused the foregoing Notice of Entry for
the Order of Reference and Default Judgment, including all attachments to be transmitted to a ven
dor for mailing by U.S. Postal Service to the following parties:
Frank C. Callochia, Esq.
Guardian Ad Litem for Cody J Nichols
16 Bidwell Pkwy
Buffalo, NY 14222
Manufacturers and Traders Trust Company
One M&T Plaza
Buffalo, NY 14203
Brian G. Stamm, Esq.
Court-appointed Referee
1127 Wehrle Dr Ste. 100
Williamsville, NY 14221
A m L. Hww
Amy Harned
Clerk
105180-1 M&T Bank v. Cody J. Nichols, et al.
Erie County Supreme Court, Index #: 805833/2022
2 of 2
Preview
FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 11/01/2023 Exhibit O {5318969:} FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 INDEX NO. 805833 /2022 FILED NYSCEF : ERIE DOC. COUNTY NO. 86 CLERK 09/27/2023 08:32 AM| RECEIVED NYSCEF: 11/01/2023 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE M&T BANK, NOTICE OF ENTRY Plaintiff, Index No.: 805833/2022 v. Property Address: 8497 Heath Road CODY J. NICHOLS, MANUFACTURERS AND Colden, NY 14033 TRADERS TRUST COMPANY, Defendants. PLEASE TAKE NOTICE that the within is a true copy of the Order of Reference and Default Judgment, duly entered in the Office of the Erie County Clerk on September 20, 2023. Dated: 9/26/2023 Monroe County Rochester, New York Aleksandra K. Fugate, Esq. Woods Oviatt Gilman LLP Attorneys for Plaintiff 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 TO: Frank C. Callochia, Esq. Guardian Ad Litem for Cody J. Nichols 16 Bidwell Pkwy Buffalo, NY 14222 Manufacturers and Traders Trust Company OneM&T Plaza Buffalo, NY 14203 Brian G. Stamm, Esq. Court-appointed Referee 1127 Wehrle Dr Ste. 100 Williamsville, NY 14221 105180-1 M&T Bank v. Cody J. Nichols, et al. Erie County Supreme Court, Index #: 805833/2022 1 of 2 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 F ILE D : ERIE INDEX NO . 8 0 5 8 33 2022 NYSCEF DOC. NO. 86COUNTY CLERK 09/20/20 23 0 4:02 PM| / RECEIVED NYSCEF: 11/01/2023 NYSCEF DOC. NO. 63 RECEIVED NYSCEF : 0 9/ 2 0 / 2 02 3 At Part 26 of the Supretne Court held in the County of Faic at the ouse thereof on the september , 20 21. PresentHONORABLE Donna M. Siwek US TICE OF THE SUPRBdB COURT $UPRFME COURT OF THB STATH OF h@YORK C OUNTY OF ERIB MAT BANK, ORDER 0F REFERENCE AND DEFAULT JUDGMENT Plainti Index No.: 805833/2022 v. Propaty Address: CODY L NICHOLS, MANUFACTORERS AND 8497 Heath Road TRADERS TRUST COMPANY, JOBN DO¾ NY 14033 Colden, Defendant. COUNTY:ERIE SBLNo.: 243,03-3-23.11 Mortgage Servicer: M&T Bank Telephone Number: 1-716-343- 6260 UPON the Summons, Complaint, and Notice of Pendency filed in this action on May 17, 2022, the Notice of Motion dated August 8, 2023, the affirmation ofBrettanie L. Hart Saxton, Esq., and the exhibits annexed thereto, the affidavit in support of±otion for default judgment and order of reference by Summer Young who is Assistant Vice President of M&T Bank, duly sworn to on July 26, 2023, together with the exhibits anached 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 Sutomans and Complaint in this action and required notices; and 105180-1 M&T.Bank Vs, Cody J. Nichols, et at Erie County Supreme Court, Index #: 805833/2022 1 of 4 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 FILED NYSCEF : ERIE DOC. NO. 86COUNTY CLERK 0 9/ 2 0 / 2 0 2 3 0 4 : 0 2 INDEX RECEIVED NO. NYSCEF:805833/ 2022 11/01/2023 PM) NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 09/20/2023 DPON a Notice of Appearance by Frank C. Callocchia, Esq., as appointed Guardian Ad Litem; AND it appearing that CODY J. NICHOLS and MANUFACTURERS AND TRADERS TRUST COMPANY's time to answer the complaint has expired; and AND it appearing to tbo satisihotion of this court that this action was brought to foreclose a mortgage on real property located at 8497 Heath Road, Colden,NY 14033, in the County ofErie, state of New York (SBL No.: 243.03-3-23.11). NOW, on motion by Woods Oviatt Gilman LLP, attorney for Plaintiff, it is hereby ORDERED that the Defendant(s) CODY J. NICHOLS and MANUFACTURERS AND TRADERS TRUST COMPANY are determined to be in default; and it is further ORDERED that fl(1 !I (LiVYtAA hereby appointed Referee, in accordance with RPAPL § l321, to compute the amount due to Plaintiff and to examine whether the mortgaged property may be sold in parcels; and it is further ORDERED that the Refereemake his/her computation and report with aU convenient speed; and it is father ORDERED that, if necessary, the Referee may take testitnony pursuant to RPAPL § 1321; and it is further ORDERED that this appointment the Referee certifies that be/she is in by accepdng compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not 105180-1 M&T Bank vs. Cody L Nichols, et at Erie County Supreme Court, Index #: 805833/2022 2 of 4 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 FILED ERIE INDEX NO. 8 05 83 3 / 2 0 22 NYSCEF : DOC. NO. 86COUNTY CLERK 09/20/2023 04:02 PM| RECEIVED NYSCEF: 11/01/2023 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 09/20/2023 limited to §36.2(c) ("Disqualifications from appointment"), and § 36.2(d) ("Limitations on appointnients based upon compensation"), and, if the Referee is disqualified from receiving an appointreent pursuant to the provisions of that Rule, the Referee shan imraediately notify the Appointing ORDERED Judge; and it is further that, pursuant to CPLR shall 8003(a), be paid the statutory to the Referee fee for of $350.00, the computation h of the amount due and upon the of his/her report and the Referee shall not request or accept filing additional compensal.ion for the computation unless it has been fixed by the court in accordance with CPLR 8003(a); end it is further. ORDERED that the Referee is prohibited from accepting or rehining any funds for him/herself of paying fnads to him/herself with compliance with Part 36 of the Rules of the Chief Adrninietrative Judge; and it is further Doe" Doe" Ordered that "John be removed as a party Defendant in this action as no "John occupants reside at the property and the caption of this action be amended to refleet the removal Doe" of "John as a party Defendant; and it is further TES SPACE INTENT.NALLY LEFT BLANK 105180-I M&T Bank vs. Cody J. Nichols, et at Erie County Supreme Court, Indes #: 805833/2022 3 of 4 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 FILED : ERIE COUNTY CLERK 09/20/2023 0 4:02 INDEX NO . 8 0 5 8 33 / 2 0 2 2 NYSCEF DOC. NO. 86 Pl! RECEIVED NYSCEF: 11/01/2023 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 09/20/2023 ORDERED, that the caption shall road as hilows: SUPREMECOURT OF THE STATE OF NEW YOR10 COUNTY OF ERIE M&T BANK Index No.: 305833/2022 Plaintig Property Addrera: 8497 Heath Road v. NY 14033 Coldon, CODY J. NICHOLS, MANUFACTURERS AND COUNTY: ERIE TRADERS TRUST COMPANY, SBL No.: 243.03-3-23.11 Defendant. and it is further ORDERED that Plaintiff aball serve a copy of this Order with notice of entry on all pardes and persons entitled to notice, including the Referee appointed berein. This consetutes the decision and order of the court, 4N M slWE 5 105180-1 M&T Bank vs. Cody L Nichols, et al. Ede County Supreme Court, Index #: 805833/2022 4 of 4 FILED: ERIE COUNTY CLERK 11/01/2023 12:32 PM INDEX NO. 805833/2022 INDEX NO. 805833/2022 FILED NYSCEF : ERIE DOC. COUNTY NO. 86 CLERK 09 2 3 08:3 RECEIVED NYSCEF: 11/01/2023 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE M&T BANK, CERTIFICATE OF SERVICE Plaintiff, Index No.: 805833/2022 v. CODY J. NICHOLS, MANUFACTURERS AND TRADERS TRUST COMPANY, Defendants. CERTIFICATE OF SERVICE I, HEREBY CERTIFY that on September 27, 2023, I caused the foregoing Notice of Entry for the Order of Reference and Default Judgment, including all attachments to be transmitted to a ven dor for mailing by U.S. Postal Service to the following parties: Frank C. Callochia, Esq. Guardian Ad Litem for Cody J Nichols 16 Bidwell Pkwy Buffalo, NY 14222 Manufacturers and Traders Trust Company One M&T Plaza Buffalo, NY 14203 Brian G. Stamm, Esq. Court-appointed Referee 1127 Wehrle Dr Ste. 100 Williamsville, NY 14221 A m L. Hww Amy Harned Clerk 105180-1 M&T Bank v. Cody J. Nichols, et al. Erie County Supreme Court, Index #: 805833/2022 2 of 2