Preview
FILED: GENESEE COUNTY CLERK 04/22/2019 01:36 PM INDEX NO. E65940
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/30/2021
DUPLICATE - ORIGINAL
800ITV GCERK
GÉNESEs
2019APR22 AM19;t49n IAS . of the
Supreme Court of the State of New York,
held in and for the County Genesee at the
Courthouse thereof, Supreme Court
Building, 1 West Main Street,.Batavia, New
York, on the 0Ûday of hbrugn 2018
PRESENT:
HON. CHARLES N. ZAMBITO
Supreme Court
HONORABLE Acting JusticeJ.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF GENESEE
Wells Fargo Bank, NA, Index No. 65940/2017
Plaintiff,
SBL -5-2-32
v. Mortgaged Premises:
6339 Warboys Road
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy Byron, NY 14422
A. Crosby, "JOHN DOE", said name bein
fictitious, it being the intention of Plaintiff to
designate any and all occupants of premises ORDER GRANTING PLAINTIFF'S
being foreclosed herein, and any. parties MOTION FOR SUMMARY JUDGMENT
corporations or entities, if any, having claimed or & APPOINTING REFEREE
claiming an interest or lien upon the mortgaged
premises, ... .
Defendants.
THIS MATTER having been opened to the Court by Reed Smith LLP, co-counsel of
Fargo"
record for Plaintiff Wells Fargo Bank, N.A. ("Wells or "Plaintiff"), and on notice to
Defendant Tracy A Crosby ("Defeiidant"), on a Motion for Summáry Judgment; and the Court
having 1cymvvdthe moving and responding papers and the arguments of the parties; from all of
which it appears to the satisfaction of this Court that this action was brought to foreclose a
mortgage on real pt:operty siMated in the County of Genesee, State of New York, and that this
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FILED: GENESEE COUNTY CLERK 04/22/2019 01:36 PM INDEX NO. E65940
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/30/2021
DUPLICATE - ORIGINAL
action was brought for defaults in the payments due under the Note and lvIortgage held by the
Plaintiff, and that by reason thereof, said mortgage .is now due and payable; and it further
appearing that all Defeñdañts have been duly served with the Sunnuous and Complaint and that
the time to answer or move with respect to the Complaint has expired and has not been extended;
. that no Defendant is an infant, an iñcampetent, or an absentee, nor has any Defendant been
proceeded against as such; arid it further appearing that no one other than Defendant Tracy A.
Crosby are entitled to notice of this application; and it further appearing that the Notice of
Pendency of this action cóntaining correctly and truly all the particulars required by law to be
stated in such notice was filed in the- Office of the Clerk of the County of Genesee, and upon all
the proceedings heretofore had in this action,
NOW, on fnotion by Reed Smith LLP, attorneys for Plaintiff herein; it is
ORDERED thät Plaintiff's motion shall be in all respects granted; and it is further
ORDERED that Summary Judgment shall be and the same hereby.is granted to Plaintiff,
and the Answer, Affirmative Defenses and Counterclaims of Defendant Tracy A. Crosby shall be
and the same is stricken, and the appearance of such Defendants shall be limited - to a
hereby
Notice of Appearance and Waiver; and it is further
ORDERED that pursuant to CPLR 3215, a default judgment in favor of the Plaintiff as
all non-appearing and non-answering defendants shall be granted as to the claim described in
Plaintiff's Complaint herein; and it is further
. . . . .
ORDERED, that this action to foreclose a mortgage affectmg premises known as 6339
Warboys Road, Byron, NY 14422 be and is hereby referred to: , Esq., located
at 6 0%
- SF4- d iselor-
Sda) /ÙŸ , telephone number: /.2g , a Co
at-Law, as Referee, to ascertain and conipute the amount due to Plaintiff for priñcipal, interest
. . - 2 -
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FILED: GENESEE COUNTY CLERK 04/22/2019 01:36 PM INDEX NO. E65940
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/30/2021
DUPLICATE - ORIGINAL
and other disbursements advanced on the Note and Mortgage set forth in the Complaint
. (including for taxes, assessments, water rates and/or fire msurance premiums, and late chaiges)
to examiñê and report whether the mortgaged premises should be sold in one parcel and that
immediately upon the coming in of the report of said referee, and without further notice, Plaintiff
may apply for the usual Judgment of Foreclosure and sale, and for the relief demanded in the
Complaint besides costs and extra allowances by law; and it is further
ORDERED, that such Referee shall make the Referee's Report to this Court with all
convenient speed; and it is further
. .
ORDERED, tliat the referee's computation may be had in any county of the State of
New York; and it is further
ORDERED, that pursuant to CPLR 8003 (a) the appropriate statutory fee shall be paid to
the Referee:for the computations stage and upon the filing of his/her report; and it is further
ORDERED that the Referee is prohibited from accepting or returning any funds for
him/herself or paying funds to him/herself without compliance with part 36 of the Rules of the
Chief Administrative Judge; and it is further
ORDERED, that by accepting this appointment the Referee certifies that the Referee is
in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), iñcluding, but
not limited to, section 36.2(c) ("Disqualification from appointment"), and sectiori 36.2(d)
("Limitations on appo.ñtments based upon compensation"), and it is further
ORDERED that if required and/or needed, the Referee appointed herein shall take
testimony pursuant to RPAPL Section 1321; and it is further . .
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FILED: GENESEE COUNTY CLERK 04/22/2019 01:36 PM INDEX NO. E65940
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/30/2021
DUPLICATE - ORIGINAL
ORDERED, that a copy of this Order with Notice of Entry shall be served upon the
.owner of the equity of redemption, any tenants named in this action and any other party entitled
to notice; and it is further
ORDERED, that the caption be amended to remove the John Doe designation and that
the caption be amended to reflect this amendment; and it is further
ORDERED, that the caption shall read as follows:
Wells Far o Bank, NA, Index No. 65940/2017
Plaintiff,
SBL - 5-2-32
v. j Mortgaged Premises:
6339 Warboys Road
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy Byron, NY 14422
A. Crosby,
Defendants.
ORDERED that Plaintiff is awarded the relief demanded in the complaint, and for such
other and further relief as this Court may deem just and proper.
SO ENTERED
Dated: Hon.
HON. ES N. ZAMBTTO
Acting Supréme Court Justice
-4.
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Preview
FILED: GENESEE COUNTY CLERK 04/22/2019 01:36 PM INDEX NO. E65940 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/30/2021 DUPLICATE - ORIGINAL 800ITV GCERK GÉNESEs 2019APR22 AM19;t49n IAS . of the Supreme Court of the State of New York, held in and for the County Genesee at the Courthouse thereof, Supreme Court Building, 1 West Main Street,.Batavia, New York, on the 0Ûday of hbrugn 2018 PRESENT: HON. CHARLES N. ZAMBITO Supreme Court HONORABLE Acting JusticeJ.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GENESEE Wells Fargo Bank, NA, Index No. 65940/2017 Plaintiff, SBL -5-2-32 v. Mortgaged Premises: 6339 Warboys Road Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy Byron, NY 14422 A. Crosby, "JOHN DOE", said name bein fictitious, it being the intention of Plaintiff to designate any and all occupants of premises ORDER GRANTING PLAINTIFF'S being foreclosed herein, and any. parties MOTION FOR SUMMARY JUDGMENT corporations or entities, if any, having claimed or & APPOINTING REFEREE claiming an interest or lien upon the mortgaged premises, ... . Defendants. THIS MATTER having been opened to the Court by Reed Smith LLP, co-counsel of Fargo" record for Plaintiff Wells Fargo Bank, N.A. ("Wells or "Plaintiff"), and on notice to Defendant Tracy A Crosby ("Defeiidant"), on a Motion for Summáry Judgment; and the Court having 1cymvvdthe moving and responding papers and the arguments of the parties; from all of which it appears to the satisfaction of this Court that this action was brought to foreclose a mortgage on real pt:operty siMated in the County of Genesee, State of New York, and that this 1 of 4 FILED: GENESEE COUNTY CLERK 04/22/2019 01:36 PM INDEX NO. E65940 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/30/2021 DUPLICATE - ORIGINAL action was brought for defaults in the payments due under the Note and lvIortgage held by the Plaintiff, and that by reason thereof, said mortgage .is now due and payable; and it further appearing that all Defeñdañts have been duly served with the Sunnuous and Complaint and that the time to answer or move with respect to the Complaint has expired and has not been extended; . that no Defendant is an infant, an iñcampetent, or an absentee, nor has any Defendant been proceeded against as such; arid it further appearing that no one other than Defendant Tracy A. Crosby are entitled to notice of this application; and it further appearing that the Notice of Pendency of this action cóntaining correctly and truly all the particulars required by law to be stated in such notice was filed in the- Office of the Clerk of the County of Genesee, and upon all the proceedings heretofore had in this action, NOW, on fnotion by Reed Smith LLP, attorneys for Plaintiff herein; it is ORDERED thät Plaintiff's motion shall be in all respects granted; and it is further ORDERED that Summary Judgment shall be and the same hereby.is granted to Plaintiff, and the Answer, Affirmative Defenses and Counterclaims of Defendant Tracy A. Crosby shall be and the same is stricken, and the appearance of such Defendants shall be limited - to a hereby Notice of Appearance and Waiver; and it is further ORDERED that pursuant to CPLR 3215, a default judgment in favor of the Plaintiff as all non-appearing and non-answering defendants shall be granted as to the claim described in Plaintiff's Complaint herein; and it is further . . . . . ORDERED, that this action to foreclose a mortgage affectmg premises known as 6339 Warboys Road, Byron, NY 14422 be and is hereby referred to: , Esq., located at 6 0% - SF4- d iselor- Sda) /ÙŸ , telephone number: /.2g , a Co at-Law, as Referee, to ascertain and conipute the amount due to Plaintiff for priñcipal, interest . . - 2 - 2 of 4 FILED: GENESEE COUNTY CLERK 04/22/2019 01:36 PM INDEX NO. E65940 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/30/2021 DUPLICATE - ORIGINAL and other disbursements advanced on the Note and Mortgage set forth in the Complaint . (including for taxes, assessments, water rates and/or fire msurance premiums, and late chaiges) to examiñê and report whether the mortgaged premises should be sold in one parcel and that immediately upon the coming in of the report of said referee, and without further notice, Plaintiff may apply for the usual Judgment of Foreclosure and sale, and for the relief demanded in the Complaint besides costs and extra allowances by law; and it is further ORDERED, that such Referee shall make the Referee's Report to this Court with all convenient speed; and it is further . . ORDERED, tliat the referee's computation may be had in any county of the State of New York; and it is further ORDERED, that pursuant to CPLR 8003 (a) the appropriate statutory fee shall be paid to the Referee:for the computations stage and upon the filing of his/her report; and it is further ORDERED that the Referee is prohibited from accepting or returning any funds for him/herself or paying funds to him/herself without compliance with part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, that by accepting this appointment the Referee certifies that the Referee is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), iñcluding, but not limited to, section 36.2(c) ("Disqualification from appointment"), and sectiori 36.2(d) ("Limitations on appo.ñtments based upon compensation"), and it is further ORDERED that if required and/or needed, the Referee appointed herein shall take testimony pursuant to RPAPL Section 1321; and it is further . . - 3 - 3 of 4 FILED: GENESEE COUNTY CLERK 04/22/2019 01:36 PM INDEX NO. E65940 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/30/2021 DUPLICATE - ORIGINAL ORDERED, that a copy of this Order with Notice of Entry shall be served upon the .owner of the equity of redemption, any tenants named in this action and any other party entitled to notice; and it is further ORDERED, that the caption be amended to remove the John Doe designation and that the caption be amended to reflect this amendment; and it is further ORDERED, that the caption shall read as follows: Wells Far o Bank, NA, Index No. 65940/2017 Plaintiff, SBL - 5-2-32 v. j Mortgaged Premises: 6339 Warboys Road Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy Byron, NY 14422 A. Crosby, Defendants. ORDERED that Plaintiff is awarded the relief demanded in the complaint, and for such other and further relief as this Court may deem just and proper. SO ENTERED Dated: Hon. HON. ES N. ZAMBTTO Acting Supréme Court Justice -4. 4 of 4