Motion-Secondary: Pnc Bank, National Association v. Kevin Valentine, Jamise Valentine, Cach, Llc, Babbar And Associates P.C., Household Finance Realty Corporation Of New York, John Doe

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                                At an I.A.S. Term, Part ____ of the Supreme
                                                               Court of the County of Nassau held in the
                                                               Nassau Supreme Court in the city of
                                                               Mineola, New York on the __________ day
                                                               of _______________, 20________.
PRESENT: HON. ___________________________
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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 PNC BANK, NATIONAL ASSOCIATION                                   ORDER GRANTING SUMMARY
                                                                  JUDGMENT, DEFAULT AND
                                                                  REFERENCE TO COMPUTE

                         Plaintiff,
 vs
                                                                    INDEX #: 606687/2023
 KEVIN VALENTINE, JAMISE VALENTINE,
 CACH, LLC, BABBAR AND ASSOCIATES                                   MORTGAGED PREMISES:
 P.C., HOUSEHOLD FINANCE REALTY                                     106 Munro Boulevard
 CORPORATION OF NEW YORK                                            Valley Stream, NY 11581

 JOHN DOE (Those unknown tenants, occupants,                         #: Section 39 Block 58 Lot 4Mortgage
 persons or corporations or their heirs,                            Servicer:
 distributees, executors, administrators, trustees,                 PNC Bank, N.A.
 guardians, assignees, creditors or successors                      Mortgage Servicer Phone Number:
 claiming an interest in the mortgaged premises.)                   844-532-7284

                       Defendant(s).
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        Upon considering Plaintiff’s Motion for Summary Judgment, default, for appointment of

a Referee to compute, and other relief dated December 19, 2023, the Summons, Complaint,

Certificate of Merit, Notice of Pendency, Affidavits of Service upon all defendants, Affirmation

of Melissa M. Loecher, Esq. dated December 19, 2023, Affidavits of Lori Wysong in support

dated November 17, 2023 and December 01, 2023, all prior papers filed and proceedings held in

this action, proof of compliance with all statutory conditions precedent to a foreclosure action;

and
       The Answer of Defendant Kevin Valentine and Jamise Valentine, and opposition to

Plaintiff’s motion submitted by _________________; and

       The time to answer for defendants Cach, LLC, Babbar And Associates P.C. and

Household Finance Realty Corporation of New York expiring with no answer being filed; and

       It appearing to the satisfaction of this court that this action was brought to foreclose a

mortgage on real property located at 106 Munro Boulevard, Valley Stream, NY 11581, in the

County of Nassau, State of New York, Section 39 Block 58 Lot 4 and;

       NOW, on motion of Gross Polowy LLC, attorney for the plaintiff, it is hereby

       ORDERED, that Plaintiff’s motion is granted in its entirety; and it is further

       ORDERED, that Plaintiff is granted summary judgment pursuant to CPLR § 3212; the

defenses asserted in the answer filed by Defendants Kevin Valentine, and Jamise Valentine, are

dismissed pursuant to CPLR § 3211(b); and Plaintiff shall treat the answer as a limited notice of

appearance requiring Plaintiff to serve the answering Defendants, without prior notice, a copy of

the entered Judgment of Foreclosure and Sale, notice of sale, notice of discontinuance, and

notice of surplus money proceedings pursuant to CPLR § 320: and it is further

       ORDERED, that default judgment is granted against defendants Cach, LLC, Babbar And

Associates P.C. and Household Finance Realty Corporation of New York, and the defaults are

fixed and determined pursuant to CPLR § 3215; and it is further

       ORDERED, that ____________________________________, Esq. with an address of

_____________________________________________ is hereby appointed Referee to ascertain

and compute the amount due except for attorney’s fees upon the bond/note and mortgage being

foreclosed in this action, and to determine whether the mortgaged premises can be sold in parcels

and the referee to report to the court with all convenient speed; and it is further;
       ORDERED, that, if required, the Referee take testimony pursuant to RPAPL § 1321. The

Referee may ascertain and compute the amount due to the Plaintiff for principal, interest, and

other disbursements advanced, on the papers submitted by the Plaintiff without holding a hearing

on notice pursuant to CPLR 4313, 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) (in the

discretion of the court, a fee of $_______), shall be paid to the Referee for the computation of the

amount due and upon the filing of his/her report, 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

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, "John Doe" be removed as a party defendant in this action as no

occupants reside at the premises, and that the caption of this action be amended to reflect the

removal of "John Doe" as a party defendant; and it is further
        ORDERED, that the caption shall read as follows:

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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PNC BANK, NATIONAL ASSOCIATION

                                   Plaintiff,                    INDEX NO: 606687/2023
vs.
                                                                 MORTGAGED PREMISES:
KEVIN VALENTINE, JAMISE VALENTINE,                               106 Munro Boulevard
CACH, LLC, BABBAR AND ASSOCIATES                                 Valley Stream, NY 11581
P.C., HOUSEHOLD FINANCE REALTY
CORPORATION OF NEW YORK

                                    Defendant(s).
----------------------------------------------------------------X; 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.



                                                             ENTER:

                                                             _________________________________