Preview
iD: UB OUN NK DV INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/28/2022
EXHIBIT N
= INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022
At Part of the SUPREME
Court, held in the County of Steuben at
the Counk 3 Courthouse thereof,
on the 7S day of Mes, _.
2022
PRESENT: Patercle F. MeN (ales
JUSTICE OF THE SUPREME COURT
- wane
nn nanan. a ----X INDEX NO.: E2020-0349CV
U.S. Bank National Association, not in its individual
capacity but solely as Trustee for the CIM Trust 2018-R5
Mortgage-Backed Notes, Series 2018-R5 Mortgage Servicer as of 2022
Nationstar Mortgage, LLC
Telephone Number: 1-888-480-2432
Plaintiff(s).
ORDER OF REFERENCE AND
DEFAULT JUDGMENT
MORTGAGED PROPERTY
1105 Caton Bypass Road
a/k/a 1105 Telephone Roa
Corning, NY 14830
-v- COUNTY: STEUBEN
SBL#:390.11, 01, 034.000
Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the
Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons
a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller,
Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of
Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a
Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller.
Peter Fitzsimmons, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie
Fitzsimmons a/k/a Michelle Marie Miller and Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie
Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-
law, next-of-kin, distributees, executors, administrators.
trustees, devisees, legatees, assignees, lienors, creditors, and
successors in interest and generally all persons having or
claiming under, by or through said defendant who may be
deceased, by purchase, inheritance, lien or otherwise, any
right, title or interest in the real property described in the
complaint herein, East Resources, Inc., LVNV Funding LLC
Citibank South Dakota, NA, Donald Smith, DMD, PC.
Discover Bank, Ira Davenport Memorial Hospital, Inc., New
York State Department of Taxation and Finance, United
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INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022
States of America, Capital One Bank (USA), N.A., Corning
Hospital,
Defendant(s).
wanna nnn nn nnn nnn nn en eee K
UPON the Summons, Complaint and Notice of Pendency filed in this action on March 12,
2020,, the Supplemental Summons, Amended Complaint and Amended Notice of Pendency filed on
September 29, 2021, the Order for Service by Publication dated March 18, 2021 the report of Peter
Degnan, Esq., the Guardian Ad Litem and Military Attorney, the Notice of Motion dated
April 1, 2022, the affirmation of Linda P. Manfredi, Esq., and the exhibits annexed thereto, the
affidavit of merit and amount due by Tina Marie Braune, who is Document Execution Associate of
Nationstar Mortgage, LLC, duly swom to on March 17, 2022, together with the exhibits attached
thereto, and all prior proceedings had herein; and
UPON proof that each of the defendants herein has been duly served with the Summons and
Complaint and/or Supplemental Summons and Amended Complaint in this action and required
notices; and
AND it appearing that the defendant(s)/mortgagor(s) is/are not resident(s) of the property
subject to foreclosure;
AND it appearing that 's time to answer the complaint has expired; and
AND it appearing to the satisfaction of this court that this action was brought to foreclose a
mortgage on real property located at 1 105 Caton Bypass Road a/k/a 1105 Telephone Road, Corning,
NY 14830, in the County of Steuben, State of New York [Section 390.11, Block 01, Lot 034.000],
NOW, on motion by Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorney for the
plaintiff, it is hereby
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INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022
ORDERED that defendant(s), Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to
the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons
a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle
M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie
Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle
Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie
Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees,
legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or
claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or
otherwise, any right, title or interest in the real property described in the complaint herein, East
Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC,
Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and
Finance, United States of America, Capital One Bank (USA), N.A., Corning Hospital are determined
to be in default; and it is further
ORDERED that plaintiffhas established its standing to commence this action; and it is further
ORDERED that Padxe alae , With an address of ‘by 396
SU fund Ah NY 44 0 » is hereby appointed Referee, in accordance with RPAPL
§1321, 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 Referee make his/her computation and report with all convenient speed;
and it is further
3 of 6
INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022
ORDERED, that the referee’s duties are defined by this order of reference (CPLR §4311,
RPAPL §1321), and the referee has no power beyond that which is specifically authorized by this
order of reference (Zaslavskaya v. Boyanzhu, 144 AD3d 675, 41 NYS3d 237 (2™ Dept. 2016)), as
limited to the ministerial functions of computing amounts due and owing to plaintiffand determining
whether the premises can be sold in parcels; the referee shall hold no hearing, take no testimony or
evidence other than by written submission, and make no ruling on the admissibility of such evidence;
and it is further
ORDERED, that upon motion by the plaintiff seeking confirmation of the referee’s report
and judgment of foreclosure and sale, any opposition to the motion based upon objection(s) to the
referee’s report shall include the objecting party’s prior objections submitted to the referee; a
defendant or other opposing party’s failure to have submitted timely objections to the referee, and
to include such objections in opposition to the plaintiff's motion, shall be deemed a waiver of any and
all objections to the referee’s report in opposition to the motion; and it is further
ORDERED that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
limited to §36.2[c]) ("Disqualifications from Appointment"), and §36.2(d) ("Limitations on
appointments based upon compensation"), and, if the Referee is disqualified from receiving an
appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the
appointing Judge; and it is further
ORDERED, that pursuant to CPLR 8003(a); the statutory fee of $350.00, shall be paid to
the Referee for the computation of the amount due and upon the filing of his/her report and the
Referee shall not request or accept additional compensation for the computation unless it has been
4 of 6
INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022
fixed by the court in accordance with CPLR 8003(a); and it is further
ORDERED that the Referee is prohibited from accepting or retaining any funds for
hinvherself or paying funds to hinvherself without compliance with Part 36 of the Rules of the Chief
Administrative Judge; and it is further
ORDERED that "John Doe #1-#10" be removed as a party defendant in this action as no
occupants reside as the property and the caption of this action be amended to reflect the removal of
"John Doe #1-#10" as a party defendant; and it is further
ORDERED that be substituted into the caption in the place and stead of Plaintiff, and,
following such substitution, that the Clerk of the Court amend the docket and electronic docket
accordingly; 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, including the Referee appointed herein.
This constitutes the decision and order of the court
DATED:
po
ENTER
Bean S.C.
on. Datncl McA aber
Our File No.: 01-093322-F00
PEM OOR signed__7 (21-2 >
Referee: “Px. , Boden
Master Calendar Date__/0/5/22.
5 of 6
INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022
Index # E2020.0349CV
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF STEUBEN
- a
U.S, Bank National Association, notin its individual capacity but solely as Trustee for the CIM Trust 2018-RS Mortgage-Backed Notes,
Series 2018-R5
Plaintiff,
+ against -
Lecanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle
Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons wh/a
Michelle Fitzsimmons a/k/a Michelle Maric Fitzsimmons a/t/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelte Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M Fitzsimmons a/k/a
Mic! elle Fitz mons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Millers unknown heirs-at-law, next-of-kin, distributees,
executors, administrators, trustees, devisees, legatees, assignees, lienots, creditors, and successors in interest and generally all persons having ot
lai ing under, by or through said defendant who may be deceased, by purchase, heritance, lien or otherwise. any right, title or interest in the
real property described in the complaint herein, Bast Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD,
PC, Discover Bank, tra Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America,
Capi 1 Onc Bank (USA), N.A., Corning Hospital
Defendants.
a lane a
ORDER APPOINTING REFEREE TO COMPUTE,
wenan wes sees
Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP
Attorneys for Plaincff
53 Gibson Street
Bay Shore, New York 11706
631-969-3100
Fax 631-982-4512
Our File No.: 01-093322-F0O
aoe ane <=
To
Attorney(s) for
enee an: = a enn
Service ofa copy of the within
is hereby admitted.
Dated,
Attomey(s) for
- . ae = on
6 of
Preview
iD: UB OUN NK DV INDEX NO. E2020-0349CV NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/28/2022 EXHIBIT N = INDEX NO. E2020-0349CV NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022 At Part of the SUPREME Court, held in the County of Steuben at the Counk 3 Courthouse thereof, on the 7S day of Mes, _. 2022 PRESENT: Patercle F. MeN (ales JUSTICE OF THE SUPREME COURT - wane nn nanan. a ----X INDEX NO.: E2020-0349CV U.S. Bank National Association, not in its individual capacity but solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5 Mortgage Servicer as of 2022 Nationstar Mortgage, LLC Telephone Number: 1-888-480-2432 Plaintiff(s). ORDER OF REFERENCE AND DEFAULT JUDGMENT MORTGAGED PROPERTY 1105 Caton Bypass Road a/k/a 1105 Telephone Roa Corning, NY 14830 -v- COUNTY: STEUBEN SBL#:390.11, 01, 034.000 Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller. Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at- law, next-of-kin, distributees, executors, administrators. trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, East Resources, Inc., LVNV Funding LLC Citibank South Dakota, NA, Donald Smith, DMD, PC. Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United 1 of 6 INDEX NO. E2020-0349CV NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022 States of America, Capital One Bank (USA), N.A., Corning Hospital, Defendant(s). wanna nnn nn nnn nnn nn en eee K UPON the Summons, Complaint and Notice of Pendency filed in this action on March 12, 2020,, the Supplemental Summons, Amended Complaint and Amended Notice of Pendency filed on September 29, 2021, the Order for Service by Publication dated March 18, 2021 the report of Peter Degnan, Esq., the Guardian Ad Litem and Military Attorney, the Notice of Motion dated April 1, 2022, the affirmation of Linda P. Manfredi, Esq., and the exhibits annexed thereto, the affidavit of merit and amount due by Tina Marie Braune, who is Document Execution Associate of Nationstar Mortgage, LLC, duly swom to on March 17, 2022, together with the exhibits attached thereto, and all prior proceedings had herein; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint and/or Supplemental Summons and Amended Complaint in this action and required notices; and AND it appearing that the defendant(s)/mortgagor(s) is/are not resident(s) of the property subject to foreclosure; AND it appearing that 's time to answer the complaint has expired; and AND it appearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 1 105 Caton Bypass Road a/k/a 1105 Telephone Road, Corning, NY 14830, in the County of Steuben, State of New York [Section 390.11, Block 01, Lot 034.000], NOW, on motion by Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorney for the plaintiff, it is hereby 2 of 6 INDEX NO. E2020-0349CV NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022 ORDERED that defendant(s), Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, East Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America, Capital One Bank (USA), N.A., Corning Hospital are determined to be in default; and it is further ORDERED that plaintiffhas established its standing to commence this action; and it is further ORDERED that Padxe alae , With an address of ‘by 396 SU fund Ah NY 44 0 » is hereby appointed Referee, in accordance with RPAPL §1321, 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 Referee make his/her computation and report with all convenient speed; and it is further 3 of 6 INDEX NO. E2020-0349CV NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022 ORDERED, that the referee’s duties are defined by this order of reference (CPLR §4311, RPAPL §1321), and the referee has no power beyond that which is specifically authorized by this order of reference (Zaslavskaya v. Boyanzhu, 144 AD3d 675, 41 NYS3d 237 (2™ Dept. 2016)), as limited to the ministerial functions of computing amounts due and owing to plaintiffand determining whether the premises can be sold in parcels; the referee shall hold no hearing, take no testimony or evidence other than by written submission, and make no ruling on the admissibility of such evidence; and it is further ORDERED, that upon motion by the plaintiff seeking confirmation of the referee’s report and judgment of foreclosure and sale, any opposition to the motion based upon objection(s) to the referee’s report shall include the objecting party’s prior objections submitted to the referee; a defendant or other opposing party’s failure to have submitted timely objections to the referee, and to include such objections in opposition to the plaintiff's motion, shall be deemed a waiver of any and all objections to the referee’s report in opposition to the motion; and it is further ORDERED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2[c]) ("Disqualifications from Appointment"), and §36.2(d) ("Limitations on appointments based upon compensation"), and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the appointing Judge; and it is further ORDERED, that pursuant to CPLR 8003(a); the statutory fee of $350.00, shall be paid to the Referee for the computation of the amount due and upon the filing of his/her report and the Referee shall not request or accept additional compensation for the computation unless it has been 4 of 6 INDEX NO. E2020-0349CV NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022 fixed by the court in accordance with CPLR 8003(a); and it is further ORDERED that the Referee is prohibited from accepting or retaining any funds for hinvherself or paying funds to hinvherself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED that "John Doe #1-#10" be removed as a party defendant in this action as no occupants reside as the property and the caption of this action be amended to reflect the removal of "John Doe #1-#10" as a party defendant; and it is further ORDERED that be substituted into the caption in the place and stead of Plaintiff, and, following such substitution, that the Clerk of the Court amend the docket and electronic docket accordingly; 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, including the Referee appointed herein. This constitutes the decision and order of the court DATED: po ENTER Bean S.C. on. Datncl McA aber Our File No.: 01-093322-F00 PEM OOR signed__7 (21-2 > Referee: “Px. , Boden Master Calendar Date__/0/5/22. 5 of 6 INDEX NO. E2020-0349CV NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2022 Index # E2020.0349CV SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF STEUBEN - a U.S, Bank National Association, notin its individual capacity but solely as Trustee for the CIM Trust 2018-RS Mortgage-Backed Notes, Series 2018-R5 Plaintiff, + against - Lecanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons wh/a Michelle Fitzsimmons a/k/a Michelle Maric Fitzsimmons a/t/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelte Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M Fitzsimmons a/k/a Mic! elle Fitz mons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Millers unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienots, creditors, and successors in interest and generally all persons having ot lai ing under, by or through said defendant who may be deceased, by purchase, heritance, lien or otherwise. any right, title or interest in the real property described in the complaint herein, Bast Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, tra Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America, Capi 1 Onc Bank (USA), N.A., Corning Hospital Defendants. a lane a ORDER APPOINTING REFEREE TO COMPUTE, wenan wes sees Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP Attorneys for Plaincff 53 Gibson Street Bay Shore, New York 11706 631-969-3100 Fax 631-982-4512 Our File No.: 01-093322-F0O aoe ane <= To Attorney(s) for enee an: = a enn Service ofa copy of the within is hereby admitted. Dated, Attomey(s) for - . ae = on 6 of