Preview
FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023
EXHIBIT F
FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BOARD OF MANAGERS OF THE 610 PARK Index No.: 151261/23
AVENUE CONDOMINIUM,
Plaintiff,
-against- DECISION & ORDER ON
MOTION WITH
16EF APARTMENT, LLC, MARA NOTICE OF ENTRY
DOE"
ENTERPRISES, AND "JOHN No. 1
DOE"
through "JOHN No. 15, the true name of
said defendants being unknown to plaintiff, the
parties intended to be those persons having or
claiming an Interest in the mortgaged premises
described in the complaint by virtue of being
tenants, or occupants, or judgment-creditors, or
lienors of any type or nature in all or part of said
premises,
Defendants.
PLEASE TAKE NOTICE, that the within is a true copy of a Decision & Order
on Motion in the captioned action entered in the Office of the Clerk of the within-
duly
named Court on May 18, 2023.
Yours, etc.
Dated: New York, New York BELKIN BURDEN GOLDMAN, LLP
May 18, 2023 Attorneys for Plaintiff
One Grand Central Place
42d 16$
Floor
60 East Street,
New York, New York 10165
(212) 867-4466
By:
Robert T. Holland, Esq.
TO: 16EF APARTMENT, LLC
Defendant in default
610 Park Avenue, Apt. 16E
New York, NY 10065
FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023
MARA ENTERPRISES
Defendant in default
25324 Prado De La Felicidad
Calabasas, CA 91302
CHRISTY M. DEMELFI, ESQ.
Referee
2280 Grand Avenue, Suite 202
Baldwin, NY 11510
NEW YORK COUNTY CLERK
60 Centre Street, Room 141B
New York, NY 10007
SUPREME COURT, NEW YORK COUNTY
General Clerk's Office
60 Centre Street, Room 119
New York, NY 10007
-2-
RHOLLAND/11879.0009/4194410.1
FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023
NYSCEF DOC. NO. 61
prwr.u: asw zuna uvumrx camn uw A a puz a v a : e a ran
-
RECEIVED NYSCEF: 07/27/2023
·~· --- -
YORRECE WED NY SCEn 0U n /20 23
²bUPREME COURT OF THE STATE OF NEW
NEW YORK COUNTY
PRESENT: HQN. FRANC|S A. 111 PART 32
KAHN,
Jussee
INDEX NO. 151261/2023
BOARD OF MANAGERS OF THE 610 PARK AVENUE
MOTION DATE
CONDOMINIUM,
MOTION SEQ. NO. 001
Plaintiff,
- v -
16EF APARTMENT, LLC,MARA ENTERPRISES, JOHN DECISION + ORDER ON
DOE NO. 1 THROUGH JOHN DOE NO. 15, MOTION
Defendant.
X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24
were read on this motion to/for JUDGMENT - DEFAULT
Upon the foregoing documents, the motion is granted without opposition to the extent that it is
ORDERED that the motion for a default judgment against the non-appearing Defendants is granted; and
it is further
ORDERED that Christy M. Demelfl, Esq., 2280 Grand Avenue, Suite 202 Baldwin New York
11510, (516) 887-1975 is hereby appointed Referee in accordance with RPAPL § 1321 to compute the amount
due to Plaintiff to examine whether the tax parcel can be sold in parcels; and it is further
ORDERED that if a Defendant appears and contests the amount due, in the discretion of the Referee. a
hearing may be held, and testimony taken, otherwise the Referee shall hold no hearing and take no testimony or
evidence other than by written submission; and it is further
ORDERED that by accepting this appointment the Referee certifies that he 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), and in the discretion of the court, a fee of1150 shall be
paid to the Referee for the computation of the amount due and upon the filing of his 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(b); and it is further
ORDERED that the Referee is prohibited from accepting or retaining any funds for himself or paying
funds to himself without eompliance with Part 36 of the Rules of the Chief Administrative Judge; and it is
further
181261/2023 BOARD OF MANAGERS OF THE G10 PARK AVEIWE 8vs. 1MF PW 1 of 2
APARTMENT, LLC ET AL
Mothm No. 001
1 of 2
FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023
im ra¡u: maw zum wuar x vula v o f r a ( 4 ys.M --- ~· ~·---- ----
v.p ; e.p a"ay
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/17/2023
ORDERED that if the Referee holds a hearing or is required to perform other significant services in
issuing the report, the Referee may seek additional compensation at the Referee's usual and customary hourly
rate; and it is further
ORDERED that plaintiff shall forward all necessary documents to the Referee and to defendants who
have appeared in this case within 30 days of the date of this order and shall promptly respond to every inquiry
made by the referee (promptly means within two business days); and it is further
ORDERED that if defendant(s) have objections, they must submit them to the referee within 14 days of
the mailing of plaintiff's submissions; and include these objections to the Court if opposing the motion for a
judgment of foreclosure and sale; and it is further
ORDERED the failure by defendants to submit objections to the referee shall be deemed a waiver of
objections before the Court on an application for a judgment of foreclosure and sale; and it is further
ORDERED that plaintiff must bring a motion for a judgment of foreclosure and sale within 30 days of
receipt of the referee's report; and it is further
ORDERED that if plaintiff fails to meet these deadlines; then the Court may sua sponse vacate this order
and direct plaintiff to move again for an order of reference and the Court may sua sponte toll interest depending
on whether the delays are due to plaintiff's failure to move this litigation forward; and it further
ORDERED that counsel for plaintiff shall serve a copy of this order with notice of entry upon the
County Clerk (60 Centre Street, Room 141B) and the General Clerk's Office (60 Centre Street, Room 1 19),
who are directed to mark the court's records to reflect the parties being removed pursuant hereto: and it is
further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's Office shall be
made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures
"E-Filing"
for Electronically Filed Cases (accessible at the page on the comt's website at the address
(www.nycourts.gov/supctmanh)]; 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.
All parties are to appear for a virtual conference via Microsoft Teams on September 21, 2023 at 11:00
a.m. If a motion for judgment of foreclosure and sale has been filed Plaintiff may contact the Part Clerk
Tamika Wright (tswright@nvcourt.gov) in writing to request that the conference be cancelled. If a motion has
not been made, then a conference is required to explore the reasons for the delay.
s/1mo2a
°^''
N 111
CHECK ONE: CASE D18POSED X
J.S.C
X GRANTED DENIED GRANTED 88 PART OBER
APPUCATION: SETTLE ORDER SMMr ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFE X FIDUCWIY APP08f TIENT REFBENCE
181261r2022 BoARD OF MANAGERS OF THE 610 PAf W AV5M Nunnaguni gmavs. igg' Page 2 st 2
APARTMENT, LLC ET AL
Motion No. 001
FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
index No.: 151261/23
BOARDOF MANAGERSOFTHE610PARK
AVENUE CONDOMINIUM,
Plaintiff,
AFFIDAVIT OF SERVICE BY
MAIL
-against-
16EF APARTMENT, LLC, MARA
DOE"
ENTERPRISES, AND "JOHN No. 1
DOE"
through "JOHN No. 15, the true name of
said defendants being unknown to plaintiff, the
parties intended to be those persons having or
claiming an interest in the mortgaged premises
described in the complaint by virtue of being
tenants, or occupants, or judgment-creditors, or
lienors of any type or nature in all or part of said
premises,
Defendants.
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
JAVON LAWRENCE, being duly sworn, deposes and says:
The deponent is not a party to this action, is over 18 years of age and is employed
42nd 16th
at One Grand Central Place, 60 East street, Floor, New York, New York 10165.
1. That on May 18, 2023, deponent served a true copy of the DECISION & ORDER
ON MOTION WITH NOTICE OF ENTRY herein upon:
16EF APARTMENT, LLC MARA ENTERPRISES
Defendant in default Defendant in default
610 Park Avenue, Apt. 16E 25324 Prado De La Felicidad
New York, NY 10065
CA 91302
Calabasas,
FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023
CHRISTY M. DEMELFI, ESQ. NEW YORK COUNTY CLERK
Referee 60 Centre Room 141B
Street,
2280 Grand Avenue, Suite 202 New NY 10007
York,
Baldwin, NY 11510
SUPREME COURT, NEW YORK COUNTY
General Clerk's Office
60 Centre Street, Room 119
New York, NY 10007
by regular, first class mail by depositing the same in a post-paid, properly addressed envelopes
into an official postal depository in the Borough of Manhattan, City and State of New York, for
processing; under the exclusive care and custody of the United States Postal Service within the
City and State of New York.
AVON LAWRENCE
Swom to before me this
l Ûday of MAY 2023 2A T N LU LG
N JURAJ
NOTARY PUB C
0009/41944791
NKEITT/11879
FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023
SUPREME COURT OF THE STATE OF NEW YORK
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023
COUNTY OF NEW YORK Index No.: 151261/23
BOARD OF MANAGERS OFTHE610PARK
AVENUE CONDOMINIUM,
Plaintiff,
-against-
16EF APARTMENT, LLC, MARA
DOE"
ENTERPRISES, AND "JOHN No. 1
DOE"
through "JOHN No. 15, the true name of
said defendants being unknown to plaintiff, the
parties intended to be those persons having or
claiming an interest in the mortgaged premises
described in the complaint by virtue of being
tenants, or occupants, or judgment-creditors, or
lienors of any type or nature in all or part of said
premises,
Defendants.
DECISION & ORDER ON MOTION WITH
NOTICE OF ENTRY
BELKIN " BURDEN " LLP
GOLDMAN,
Plaintiff
Attorney(s) for
One Grand Central Place
60 East 42nd Street, Suite 1620
NEW YORK, N.Y. 10165
(212) 867-4466
FAX (212) 297-1859
ToINKEIU/11879 0009/4194458 1
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
Preview
FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023 EXHIBIT F FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOARD OF MANAGERS OF THE 610 PARK Index No.: 151261/23 AVENUE CONDOMINIUM, Plaintiff, -against- DECISION & ORDER ON MOTION WITH 16EF APARTMENT, LLC, MARA NOTICE OF ENTRY DOE" ENTERPRISES, AND "JOHN No. 1 DOE" through "JOHN No. 15, the true name of said defendants being unknown to plaintiff, the parties intended to be those persons having or claiming an Interest in the mortgaged premises described in the complaint by virtue of being tenants, or occupants, or judgment-creditors, or lienors of any type or nature in all or part of said premises, Defendants. PLEASE TAKE NOTICE, that the within is a true copy of a Decision & Order on Motion in the captioned action entered in the Office of the Clerk of the within- duly named Court on May 18, 2023. Yours, etc. Dated: New York, New York BELKIN BURDEN GOLDMAN, LLP May 18, 2023 Attorneys for Plaintiff One Grand Central Place 42d 16$ Floor 60 East Street, New York, New York 10165 (212) 867-4466 By: Robert T. Holland, Esq. TO: 16EF APARTMENT, LLC Defendant in default 610 Park Avenue, Apt. 16E New York, NY 10065 FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023 MARA ENTERPRISES Defendant in default 25324 Prado De La Felicidad Calabasas, CA 91302 CHRISTY M. DEMELFI, ESQ. Referee 2280 Grand Avenue, Suite 202 Baldwin, NY 11510 NEW YORK COUNTY CLERK 60 Centre Street, Room 141B New York, NY 10007 SUPREME COURT, NEW YORK COUNTY General Clerk's Office 60 Centre Street, Room 119 New York, NY 10007 -2- RHOLLAND/11879.0009/4194410.1 FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023 NYSCEF DOC. NO. 61 prwr.u: asw zuna uvumrx camn uw A a puz a v a : e a ran - RECEIVED NYSCEF: 07/27/2023 ·~· --- - YORRECE WED NY SCEn 0U n /20 23 ²bUPREME COURT OF THE STATE OF NEW NEW YORK COUNTY PRESENT: HQN. FRANC|S A. 111 PART 32 KAHN, Jussee INDEX NO. 151261/2023 BOARD OF MANAGERS OF THE 610 PARK AVENUE MOTION DATE CONDOMINIUM, MOTION SEQ. NO. 001 Plaintiff, - v - 16EF APARTMENT, LLC,MARA ENTERPRISES, JOHN DECISION + ORDER ON DOE NO. 1 THROUGH JOHN DOE NO. 15, MOTION Defendant. X The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 were read on this motion to/for JUDGMENT - DEFAULT Upon the foregoing documents, the motion is granted without opposition to the extent that it is ORDERED that the motion for a default judgment against the non-appearing Defendants is granted; and it is further ORDERED that Christy M. Demelfl, Esq., 2280 Grand Avenue, Suite 202 Baldwin New York 11510, (516) 887-1975 is hereby appointed Referee in accordance with RPAPL § 1321 to compute the amount due to Plaintiff to examine whether the tax parcel can be sold in parcels; and it is further ORDERED that if a Defendant appears and contests the amount due, in the discretion of the Referee. a hearing may be held, and testimony taken, otherwise the Referee shall hold no hearing and take no testimony or evidence other than by written submission; and it is further ORDERED that by accepting this appointment the Referee certifies that he 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), and in the discretion of the court, a fee of1150 shall be paid to the Referee for the computation of the amount due and upon the filing of his 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(b); and it is further ORDERED that the Referee is prohibited from accepting or retaining any funds for himself or paying funds to himself without eompliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further 181261/2023 BOARD OF MANAGERS OF THE G10 PARK AVEIWE 8vs. 1MF PW 1 of 2 APARTMENT, LLC ET AL Mothm No. 001 1 of 2 FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023 im ra¡u: maw zum wuar x vula v o f r a ( 4 ys.M --- ~· ~·---- ---- v.p ; e.p a"ay NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/17/2023 ORDERED that if the Referee holds a hearing or is required to perform other significant services in issuing the report, the Referee may seek additional compensation at the Referee's usual and customary hourly rate; and it is further ORDERED that plaintiff shall forward all necessary documents to the Referee and to defendants who have appeared in this case within 30 days of the date of this order and shall promptly respond to every inquiry made by the referee (promptly means within two business days); and it is further ORDERED that if defendant(s) have objections, they must submit them to the referee within 14 days of the mailing of plaintiff's submissions; and include these objections to the Court if opposing the motion for a judgment of foreclosure and sale; and it is further ORDERED the failure by defendants to submit objections to the referee shall be deemed a waiver of objections before the Court on an application for a judgment of foreclosure and sale; and it is further ORDERED that plaintiff must bring a motion for a judgment of foreclosure and sale within 30 days of receipt of the referee's report; and it is further ORDERED that if plaintiff fails to meet these deadlines; then the Court may sua sponse vacate this order and direct plaintiff to move again for an order of reference and the Court may sua sponte toll interest depending on whether the delays are due to plaintiff's failure to move this litigation forward; and it further ORDERED that counsel for plaintiff shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre Street, Room 141B) and the General Clerk's Office (60 Centre Street, Room 1 19), who are directed to mark the court's records to reflect the parties being removed pursuant hereto: and it is further ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures "E-Filing" for Electronically Filed Cases (accessible at the page on the comt's website at the address (www.nycourts.gov/supctmanh)]; 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. All parties are to appear for a virtual conference via Microsoft Teams on September 21, 2023 at 11:00 a.m. If a motion for judgment of foreclosure and sale has been filed Plaintiff may contact the Part Clerk Tamika Wright (tswright@nvcourt.gov) in writing to request that the conference be cancelled. If a motion has not been made, then a conference is required to explore the reasons for the delay. s/1mo2a °^'' N 111 CHECK ONE: CASE D18POSED X J.S.C X GRANTED DENIED GRANTED 88 PART OBER APPUCATION: SETTLE ORDER SMMr ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFE X FIDUCWIY APP08f TIENT REFBENCE 181261r2022 BoARD OF MANAGERS OF THE 610 PAf W AV5M Nunnaguni gmavs. igg' Page 2 st 2 APARTMENT, LLC ET AL Motion No. 001 FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK index No.: 151261/23 BOARDOF MANAGERSOFTHE610PARK AVENUE CONDOMINIUM, Plaintiff, AFFIDAVIT OF SERVICE BY MAIL -against- 16EF APARTMENT, LLC, MARA DOE" ENTERPRISES, AND "JOHN No. 1 DOE" through "JOHN No. 15, the true name of said defendants being unknown to plaintiff, the parties intended to be those persons having or claiming an interest in the mortgaged premises described in the complaint by virtue of being tenants, or occupants, or judgment-creditors, or lienors of any type or nature in all or part of said premises, Defendants. STATE OF NEW YORK ) : ss.: COUNTY OF NEW YORK ) JAVON LAWRENCE, being duly sworn, deposes and says: The deponent is not a party to this action, is over 18 years of age and is employed 42nd 16th at One Grand Central Place, 60 East street, Floor, New York, New York 10165. 1. That on May 18, 2023, deponent served a true copy of the DECISION & ORDER ON MOTION WITH NOTICE OF ENTRY herein upon: 16EF APARTMENT, LLC MARA ENTERPRISES Defendant in default Defendant in default 610 Park Avenue, Apt. 16E 25324 Prado De La Felicidad New York, NY 10065 CA 91302 Calabasas, FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023 CHRISTY M. DEMELFI, ESQ. NEW YORK COUNTY CLERK Referee 60 Centre Room 141B Street, 2280 Grand Avenue, Suite 202 New NY 10007 York, Baldwin, NY 11510 SUPREME COURT, NEW YORK COUNTY General Clerk's Office 60 Centre Street, Room 119 New York, NY 10007 by regular, first class mail by depositing the same in a post-paid, properly addressed envelopes into an official postal depository in the Borough of Manhattan, City and State of New York, for processing; under the exclusive care and custody of the United States Postal Service within the City and State of New York. AVON LAWRENCE Swom to before me this l Ûday of MAY 2023 2A T N LU LG N JURAJ NOTARY PUB C 0009/41944791 NKEITT/11879 FILED: NEW YORK COUNTY CLERK 07/27/2023 02:23 PM INDEX NO. 151261/2023 SUPREME COURT OF THE STATE OF NEW YORK NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 07/27/2023 COUNTY OF NEW YORK Index No.: 151261/23 BOARD OF MANAGERS OFTHE610PARK AVENUE CONDOMINIUM, Plaintiff, -against- 16EF APARTMENT, LLC, MARA DOE" ENTERPRISES, AND "JOHN No. 1 DOE" through "JOHN No. 15, the true name of said defendants being unknown to plaintiff, the parties intended to be those persons having or claiming an interest in the mortgaged premises described in the complaint by virtue of being tenants, or occupants, or judgment-creditors, or lienors of any type or nature in all or part of said premises, Defendants. DECISION & ORDER ON MOTION WITH NOTICE OF ENTRY BELKIN " BURDEN " LLP GOLDMAN, Plaintiff Attorney(s) for One Grand Central Place 60 East 42nd Street, Suite 1620 NEW YORK, N.Y. 10165 (212) 867-4466 FAX (212) 297-1859 ToINKEIU/11879 0009/4194458 1 Service of a copy of the within is hereby admitted. Dated: Attorney(s) for