Preview
INDEX NO. 805314/2023
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024
Atan LA.S. Term, Part 46 of the County
Court of the County of Erie held in the Erie
Supreme Court in the city of Buffalo, New
York on the 26S day of
20 a4 é
PRESENT: HON. KELLY VACCO
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
-- X
WILMINGTON SAVINGS FUND SOCIETY, ORDER GRANTING SUMMARY
FSB NOT INDIVIDUALL, BUT SOLELY AS JUDGMENT, DEFAULT AND
TRUSTEE FOR RESIDENTIAL MORTGAGE REFERENCE TO CO TE
AGGREGATION TRUST
Plaintiff,
vs
INDEX #: 805314/2023
ERIC S. TAYLOR, KATHRYN A. TAYLOR,
KELLY R. TAYLOR, U.S. BANK NATIONAL MORTGAGED PREMISES:
ASSOCIATION, NOT IN ITS INDIVIDUAL 49 Saint Mary's Place
CAPACITY BUT SOLELY AS TRUSTEE OF Hamburg, NY 14075
NRZ RECOVERY TRUST, NEW YORK
STATE DEPARTMENT OF TAXATION AND Mortgage Servicer:
FINANCE, PEOPLE OF THE STATE OF NEW Fay Servicing, LLC
YORK, BUFFALO CITY COURT, Mortgage Servicer Phone Number:
LACKAWANNA CITY COURT 800-495-7166
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
Upon considering Plaintiff's Motion for Summary Judgment, default, for appointment of
a Referee to compute, and other relief dated December 28, 2023, the Summons, Complaint,
Certificate of Merit, Notice of Pendency, Affidavits of Service upon all defendants, Affirmation
of Melissa M. Loecher, Esq. dated December 28, 2023, Affidavit of Lisa M. Benson in support
Pa lors 5
INDEX NO. 805314/2023
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024
dated November 22, 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 Eric S. Taylor, ro <¢, who did aot bile oo 00 Sih,
fo Wa insta motor uffer havieg been daly served with same; and
The time to answer for defendants Kathryn A. Taylor, Kelly R. Taylor, U.S. Bank
National Association, not in its individual capacity but solely as Trustee of NRZ Recovery Trust,
New York State Department of Taxation and Finance, People of the State of New York and
Lackawanna City Court 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 49 Saint Mary's Place, Hamburg, NY 14075, in the County
of Erie, State of New York, Section 196.10 Block 4 Lot 33 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 and counterclaims asserted in the answer filed by Defendant Eric S. Taylor, 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 Defendant, 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 Kathryn A. Taylor, Kelly
R. Taylor, U.S. Bank National Association, not in its individual capacity but solely as Trustee of
NRZ Recovery Trust, New York State Department of Taxation and Finance, People of the State
Paq5 2 0f 5
INDEX NO. 805314/2023
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024
of New York and Lackawanna City Court, and the defaults are fixed and determined pursuant to
CPLR § 3215; and it is further
Joseph T: Burns fog. of
ir
ORDERED, that this action_is hereby referred to
ISIN Northwood de 315) 727-7636
Ws Wiaws ville (422) as Referee to compute the amount due to the plaintiff and to
examine and report whether the mortgaged premises can be sold in parcels pursuant to RPAPL §
1321, and that the Referee 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 n-the
dre diseretion-ofthe-eourt-atee-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
P39 5
3 0f 5
INDEX NO. 805314/2023
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024
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 Doc" as a party defendant; and it is further
ORDERED, that, Buffalo City Court be removed as an unnecessary party defendant and
that the caption be amended to reflect the deletion; and it is further
ORDERED, that the caption be amended, nunc pro tunc, to reflect the Plaintiffs name as
WILMINGTON SAVINGS FUND SOCIETY, FSB NOT INDIVIDUALLY, BUT SOLELY AS
TRUSTEE FOR RESIDENTIAL MORTGAGE AGGREGATION TRUST; and it is further
ORDERED, that the caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
ase tei ete ee i i ae
WILMINGTON SAVINGS FUND SOCIETY,
FSB NOT INDIVIDUALLY, BUT SOLELY AS
TRUSTEE FOR RESIDENTIAL MORTGAGE INDEX NO: 805314/2023
AGGREGATION TRUST
MORTGAGED PREMISES
Plaintiff, 49 Saint Mary's Place
vs. Hamburg, NY 14075
ERIC S. TAYLOR, KATHRYN A. TAYLOR,
KELLY R. TAYLOR, U.S. BANK NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS TRUSTEE OF
NRZ RECOVERY TRUST, NEW YORK
STATE DEPARTMENT OF TAXATION AND
FINANCE, PEOPLE OF THE STATE OF NEW
YORK, LACKAWANNA CITY COURT
Defendant(s).
wanna nanan nnn nanan nnn nn nnn nnn nena nn nnn nnnn ene nn nnenene===--X; and it is further
pugs
4 of
INDEX NO. 805314/2023
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024
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:
Ruthole, New fore ”. Kelly A.Wacco 5.°.C.
Sevag Ab, 2ooy BoS214/3
se
PS 4°
50
Preview
INDEX NO. 805314/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024 Atan LA.S. Term, Part 46 of the County Court of the County of Erie held in the Erie Supreme Court in the city of Buffalo, New York on the 26S day of 20 a4 é PRESENT: HON. KELLY VACCO SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE -- X WILMINGTON SAVINGS FUND SOCIETY, ORDER GRANTING SUMMARY FSB NOT INDIVIDUALL, BUT SOLELY AS JUDGMENT, DEFAULT AND TRUSTEE FOR RESIDENTIAL MORTGAGE REFERENCE TO CO TE AGGREGATION TRUST Plaintiff, vs INDEX #: 805314/2023 ERIC S. TAYLOR, KATHRYN A. TAYLOR, KELLY R. TAYLOR, U.S. BANK NATIONAL MORTGAGED PREMISES: ASSOCIATION, NOT IN ITS INDIVIDUAL 49 Saint Mary's Place CAPACITY BUT SOLELY AS TRUSTEE OF Hamburg, NY 14075 NRZ RECOVERY TRUST, NEW YORK STATE DEPARTMENT OF TAXATION AND Mortgage Servicer: FINANCE, PEOPLE OF THE STATE OF NEW Fay Servicing, LLC YORK, BUFFALO CITY COURT, Mortgage Servicer Phone Number: LACKAWANNA CITY COURT 800-495-7166 JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). Upon considering Plaintiff's Motion for Summary Judgment, default, for appointment of a Referee to compute, and other relief dated December 28, 2023, the Summons, Complaint, Certificate of Merit, Notice of Pendency, Affidavits of Service upon all defendants, Affirmation of Melissa M. Loecher, Esq. dated December 28, 2023, Affidavit of Lisa M. Benson in support Pa lors 5 INDEX NO. 805314/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024 dated November 22, 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 Eric S. Taylor, ro <¢, who did aot bile oo 00 Sih, fo Wa insta motor uffer havieg been daly served with same; and The time to answer for defendants Kathryn A. Taylor, Kelly R. Taylor, U.S. Bank National Association, not in its individual capacity but solely as Trustee of NRZ Recovery Trust, New York State Department of Taxation and Finance, People of the State of New York and Lackawanna City Court 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 49 Saint Mary's Place, Hamburg, NY 14075, in the County of Erie, State of New York, Section 196.10 Block 4 Lot 33 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 and counterclaims asserted in the answer filed by Defendant Eric S. Taylor, 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 Defendant, 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 Kathryn A. Taylor, Kelly R. Taylor, U.S. Bank National Association, not in its individual capacity but solely as Trustee of NRZ Recovery Trust, New York State Department of Taxation and Finance, People of the State Paq5 2 0f 5 INDEX NO. 805314/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024 of New York and Lackawanna City Court, and the defaults are fixed and determined pursuant to CPLR § 3215; and it is further Joseph T: Burns fog. of ir ORDERED, that this action_is hereby referred to ISIN Northwood de 315) 727-7636 Ws Wiaws ville (422) as Referee to compute the amount due to the plaintiff and to examine and report whether the mortgaged premises can be sold in parcels pursuant to RPAPL § 1321, and that the Referee 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 n-the dre diseretion-ofthe-eourt-atee-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 P39 5 3 0f 5 INDEX NO. 805314/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024 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 Doc" as a party defendant; and it is further ORDERED, that, Buffalo City Court be removed as an unnecessary party defendant and that the caption be amended to reflect the deletion; and it is further ORDERED, that the caption be amended, nunc pro tunc, to reflect the Plaintiffs name as WILMINGTON SAVINGS FUND SOCIETY, FSB NOT INDIVIDUALLY, BUT SOLELY AS TRUSTEE FOR RESIDENTIAL MORTGAGE AGGREGATION TRUST; and it is further ORDERED, that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ase tei ete ee i i ae WILMINGTON SAVINGS FUND SOCIETY, FSB NOT INDIVIDUALLY, BUT SOLELY AS TRUSTEE FOR RESIDENTIAL MORTGAGE INDEX NO: 805314/2023 AGGREGATION TRUST MORTGAGED PREMISES Plaintiff, 49 Saint Mary's Place vs. Hamburg, NY 14075 ERIC S. TAYLOR, KATHRYN A. TAYLOR, KELLY R. TAYLOR, U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF NRZ RECOVERY TRUST, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, PEOPLE OF THE STATE OF NEW YORK, LACKAWANNA CITY COURT Defendant(s). wanna nanan nnn nanan nnn nn nnn nnn nena nn nnn nnnn ene nn nnenene===--X; and it is further pugs 4 of INDEX NO. 805314/2023 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/29/2024 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: Ruthole, New fore ”. Kelly A.Wacco 5.°.C. Sevag Ab, 2ooy BoS214/3 se PS 4° 50