Preview
FILED: CHEMUNG COUNTY CLERK 10/12/2023 12:18 PM INDEX NO. 2019-1590
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/12/2023
"5"
EXHIBIT
FILED: CHEMUNG COUNTY CLERK 10/12/2023 12:18 PM INDEX NO. 2019-1590
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/12/2023
INDEX NO. 2019-1590
FILED : CHEMUNG COUNTY CLERK 0 6/22 /2021 11: 37 AM)
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/22/2021
At a Term of Supreme Court of the State of New
York held in and for the County of Chemung at the
Chemu TCounty Courthouse, Elmira, New York, on
the £_ day of
June
, 2021.
PRESENT: Hon. Christopher P. Baker
Justice ofSupreme Court
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHEMUNG
ORDER OF REFERENCE
Elmira Savings Bank,
Index No.: 2019-1590
Plaintiff,
v.
Mortgaged Premises:
435 West Clinton Street
. Elmira, NY 14901
Zac A. Dildme
Tax Parcel: 89.18-4-5
George W. Coolbaugh, Jr.
City of Elmira
and "John Doe", said name fictitious
being County of Chemung
and intended to include any and all parties
an interest in the mortgaged Mortgage Servicer: Elmira Savings Bank
having premises
and not otherwise identified above, Servicer Telephone No. 607-737-2570
Defendants.
Upon the Summons and Complaint herein, and due proof that all the Defendants have been
duly served with said process or have appeared in this
voluntarily action,
AND, upon the affirmation of Kelly C. Griffith, Esq., of Harris Beach attorneys for
PLLC,
the Plaintiff, setting forth the prior proceedings and the various facts which entitled the Plaintiff to
the relief prayed for, and upon all the prior proceedings,
AND, upon Plaintiff's Affidavit of Merit &Amount Due &Compliance with Subprime
Lending Reform Bill of 2008 & Chapter 507 of the Laws of 2009,
310217W837-7490-6807\vi
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FILED: CHEMUNG COUNTY CLERK 10/12/2023 12:18 PM INDEX NO. 2019-1590
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/12/2023
INDEX NO. 2019-1590
FILED : CHEMUNG COUNTY CLERK 06/22/2021 11:37 Abd
20 RECEIVED NYSCEF: 06/22/2021
NYSCEF DOC. NO.
AND, upon Plaintiff's Affidavit of Standing submitted herewith setting forth the grounds that
PlaintitT has standing to pursue the relief sought,
NOW, on motion of HARRIS BEACH PLLC, attorneys for Plaintiff, and finding that
Plaintiff has standing to pursue the relief sought, and finding that all parties have been served with
this Motion and proper notice has been given, it is
ORDERED, that xelly A. Damm
PO Box 256 Ithaca NY 14851 607-277-8601
, New York, is hereby appointed referee to
ascertain and compute the amount due upon the note and mortgage being foreclosed in this action
and to examine and report whether the mortgaged premises can be sold in parcels; 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 Section 36.2(c) ("Disqualifications from appointment"), and Section 36.2(d)("Limitations
on appointments based upon compensation); and it is further
ORDERED that, pursuant to CPLR 8003(a), and in the discretion of the court, a fee of
350 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 fixed by the court in accordance with CPLR 8003(a); and it is further
ORDERED that the caption of this action be amended to delete the name of"John Doe", said
name being fictitious and there being no tenants or occupants of said mortgaged premises; and it is
further
ORDERED, that pursuant to this application that the caption of this action shall be amended
as follows:
.
2
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FILED: CHEMUNG COUNTY CLERK 10/12/2023 12:18 PM INDEX NO. 2019-1590
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/12/2023
FILED CHEMUNG CLERK 06/22/2021 INDEX NO. 2019-1590
: COUNTY 11:37 AtÆ
NYSCCF DOC. NO. 20 RECEIVED NYSCEF: 06/22/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHEMUNG
Elmira Savings Bank, Index No. 2019-1590
Plaintiff
V.
Zac A. Dildine
George W. Coolbaugh, Jr.
Defendants,
and it is further;
ORDERED, that, if required, the referee take testimony pursuant to RPAPL, Section 1321.
Dated: June (O , 2021
Elmira, New York
Hot hristopher P Baker
Justice of Supreme Court
GRANTED:
3
3 of 3
Preview
FILED: CHEMUNG COUNTY CLERK 10/12/2023 12:18 PM INDEX NO. 2019-1590 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/12/2023 "5" EXHIBIT FILED: CHEMUNG COUNTY CLERK 10/12/2023 12:18 PM INDEX NO. 2019-1590 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/12/2023 INDEX NO. 2019-1590 FILED : CHEMUNG COUNTY CLERK 0 6/22 /2021 11: 37 AM) NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/22/2021 At a Term of Supreme Court of the State of New York held in and for the County of Chemung at the Chemu TCounty Courthouse, Elmira, New York, on the £_ day of June , 2021. PRESENT: Hon. Christopher P. Baker Justice ofSupreme Court STATE OF NEW YORK SUPREME COURT COUNTY OF CHEMUNG ORDER OF REFERENCE Elmira Savings Bank, Index No.: 2019-1590 Plaintiff, v. Mortgaged Premises: 435 West Clinton Street . Elmira, NY 14901 Zac A. Dildme Tax Parcel: 89.18-4-5 George W. Coolbaugh, Jr. City of Elmira and "John Doe", said name fictitious being County of Chemung and intended to include any and all parties an interest in the mortgaged Mortgage Servicer: Elmira Savings Bank having premises and not otherwise identified above, Servicer Telephone No. 607-737-2570 Defendants. Upon the Summons and Complaint herein, and due proof that all the Defendants have been duly served with said process or have appeared in this voluntarily action, AND, upon the affirmation of Kelly C. Griffith, Esq., of Harris Beach attorneys for PLLC, the Plaintiff, setting forth the prior proceedings and the various facts which entitled the Plaintiff to the relief prayed for, and upon all the prior proceedings, AND, upon Plaintiff's Affidavit of Merit &Amount Due &Compliance with Subprime Lending Reform Bill of 2008 & Chapter 507 of the Laws of 2009, 310217W837-7490-6807\vi 1 of 3 FILED: CHEMUNG COUNTY CLERK 10/12/2023 12:18 PM INDEX NO. 2019-1590 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/12/2023 INDEX NO. 2019-1590 FILED : CHEMUNG COUNTY CLERK 06/22/2021 11:37 Abd 20 RECEIVED NYSCEF: 06/22/2021 NYSCEF DOC. NO. AND, upon Plaintiff's Affidavit of Standing submitted herewith setting forth the grounds that PlaintitT has standing to pursue the relief sought, NOW, on motion of HARRIS BEACH PLLC, attorneys for Plaintiff, and finding that Plaintiff has standing to pursue the relief sought, and finding that all parties have been served with this Motion and proper notice has been given, it is ORDERED, that xelly A. Damm PO Box 256 Ithaca NY 14851 607-277-8601 , New York, is hereby appointed referee to ascertain and compute the amount due upon the note and mortgage being foreclosed in this action and to examine and report whether the mortgaged premises can be sold in parcels; 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 Section 36.2(c) ("Disqualifications from appointment"), and Section 36.2(d)("Limitations on appointments based upon compensation); and it is further ORDERED that, pursuant to CPLR 8003(a), and in the discretion of the court, a fee of 350 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 fixed by the court in accordance with CPLR 8003(a); and it is further ORDERED that the caption of this action be amended to delete the name of"John Doe", said name being fictitious and there being no tenants or occupants of said mortgaged premises; and it is further ORDERED, that pursuant to this application that the caption of this action shall be amended as follows: . 2 2 of 3 FILED: CHEMUNG COUNTY CLERK 10/12/2023 12:18 PM INDEX NO. 2019-1590 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 10/12/2023 FILED CHEMUNG CLERK 06/22/2021 INDEX NO. 2019-1590 : COUNTY 11:37 AtÆ NYSCCF DOC. NO. 20 RECEIVED NYSCEF: 06/22/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF CHEMUNG Elmira Savings Bank, Index No. 2019-1590 Plaintiff V. Zac A. Dildine George W. Coolbaugh, Jr. Defendants, and it is further; ORDERED, that, if required, the referee take testimony pursuant to RPAPL, Section 1321. Dated: June (O , 2021 Elmira, New York Hot hristopher P Baker Justice of Supreme Court GRANTED: 3 3 of 3