Preview
INDEX NO. E157596/2015
FILED: NIAGARA COUNTY CLERK 0872672016 03:49 PM
I NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/26/2016
!
At LAS. Part of the Supreme Court
held in and for the County of Niagara, at the
County Courthouse, Niagara Falls, on the
day of > 20.
PRESENT: HON.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
FIRST NIAGARA BANK, NA, ORDER OF REFERENCE .
Index No. E157596/2015
Plaintiff,
-against- Mortgaged Premises:
3767 Creek Road
SHAWN M. MAINES AKA SHAWN MARIE MAINES; Youngstown, NY 14174
FIRST NIAGARA BANK; CITIBANK (SOUTH DAKOTA),
N.A,; “JOHN DOE #1- #50” and “MARY ROE #1- #50”, the SBL: 60.00-2-53.
last two names being fictitious, it being intended to name all
other parties who may have some interest in or lien upon the
premises described in the complaint,
Defendants.
Upon the summons, complaint and the notice of pendency of this action, all filed in the
Niagara County Clerk’s Office on December 30, 2015; and upon reading the Affidavit of Merit
of Corinne Stein, an Officer of First Niagara Bank, N.A., the plaintiff, sworn to July 20,2016 the
affirmation of regularity of Benjamin M, Botelho, Esq. dated August 18, 2016; the mandatory.
Certificate of Merit previously filed, and after due deliberation thereon, it is hereby; i
ORDERED, that plaintiff is granted a default judgment with respect to each non-- -:
answering defendant as to the claims stated in the complaint; and it is further
ORDERED, that the names “John Doe#1-#50” and “Mary Roe#1-#50” are stricken from.
the caption and replaced with the name of Matt Clark, as a party defendant, in his capacity.as‘a
tenant, occupant or person in possession of the mortgaged premises; and it is further
ORDERED, that the caption of this action is amended to read as follows:
Filed in Niagara County Clerk's Office 8/26/2016! of 3 Index # E157596/2015
i
SUPREME COURT OF THE STATE OFNEW YORK
COUNTY OF NIAGARA
FIRST NIAGARA BANK, N.A.
Plaintiff, Index No. E157596/2015
-against-
SHAWN M. MAINES AKA SHAWN MARIE MAINES;
FIRST NIAGARA BANK; CITIBANK (SOUTH DAKOTA),
I N.A.; MATT CLARK,
Defendants 2
; and it is further
ORDERED, That the time for service upon the defendant(s) is extended nunc pro tunc
up to and including date the Defendant, Shawn M. Maines’s Affidavit of Service was filed at the
Clerk’s Office of Niagara County; and it is further,
ORDERED, (i) that this action is hereby referred to Esgq., with
an office at who is
hereby appointed Referee to ascertain and compute the total amount due plaintiff for unpaid
principal, accrued interest and all mortgage costs and expenses other than attorneys’ fees, secured
by the note ‘and mortgage set forth in the complaint, and to examine and report as to whether the
mortgaged premises.can be sold in one parcel; (ii) that the Referee shall not-be required to notice
a hearing or conduct a hearing; (iii) that the plaintiff may submit to the Referee its proof by
affidavit and (iv) that the Referee report to this Court with all convenient speed; 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) (the statutory fee of $50.00) (in the discretion
2 of 3
q
i of the court a fee of $ ), Shall be paid.to the Referee for the computation stage and upon
the filing of his/her report; and it is further
ORDERED, that the Referee is prohibited from accepting or retaining any funds for
him/herself or paying funds to hin/herself without compliance with Part 36 of the Rules of the
Chief.Administrative Judge and; it is further
ORDERED, that if required, said Referee take testimony pursuant to RPAPL 1321.
I
ENTER,
. HON.
3 of 3
Preview
INDEX NO. E157596/2015 FILED: NIAGARA COUNTY CLERK 0872672016 03:49 PM I NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/26/2016 ! At LAS. Part of the Supreme Court held in and for the County of Niagara, at the County Courthouse, Niagara Falls, on the day of > 20. PRESENT: HON. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA FIRST NIAGARA BANK, NA, ORDER OF REFERENCE . Index No. E157596/2015 Plaintiff, -against- Mortgaged Premises: 3767 Creek Road SHAWN M. MAINES AKA SHAWN MARIE MAINES; Youngstown, NY 14174 FIRST NIAGARA BANK; CITIBANK (SOUTH DAKOTA), N.A,; “JOHN DOE #1- #50” and “MARY ROE #1- #50”, the SBL: 60.00-2-53. last two names being fictitious, it being intended to name all other parties who may have some interest in or lien upon the premises described in the complaint, Defendants. Upon the summons, complaint and the notice of pendency of this action, all filed in the Niagara County Clerk’s Office on December 30, 2015; and upon reading the Affidavit of Merit of Corinne Stein, an Officer of First Niagara Bank, N.A., the plaintiff, sworn to July 20,2016 the affirmation of regularity of Benjamin M, Botelho, Esq. dated August 18, 2016; the mandatory. Certificate of Merit previously filed, and after due deliberation thereon, it is hereby; i ORDERED, that plaintiff is granted a default judgment with respect to each non-- -: answering defendant as to the claims stated in the complaint; and it is further ORDERED, that the names “John Doe#1-#50” and “Mary Roe#1-#50” are stricken from. the caption and replaced with the name of Matt Clark, as a party defendant, in his capacity.as‘a tenant, occupant or person in possession of the mortgaged premises; and it is further ORDERED, that the caption of this action is amended to read as follows: Filed in Niagara County Clerk's Office 8/26/2016! of 3 Index # E157596/2015 i SUPREME COURT OF THE STATE OFNEW YORK COUNTY OF NIAGARA FIRST NIAGARA BANK, N.A. Plaintiff, Index No. E157596/2015 -against- SHAWN M. MAINES AKA SHAWN MARIE MAINES; FIRST NIAGARA BANK; CITIBANK (SOUTH DAKOTA), I N.A.; MATT CLARK, Defendants 2 ; and it is further ORDERED, That the time for service upon the defendant(s) is extended nunc pro tunc up to and including date the Defendant, Shawn M. Maines’s Affidavit of Service was filed at the Clerk’s Office of Niagara County; and it is further, ORDERED, (i) that this action is hereby referred to Esgq., with an office at who is hereby appointed Referee to ascertain and compute the total amount due plaintiff for unpaid principal, accrued interest and all mortgage costs and expenses other than attorneys’ fees, secured by the note ‘and mortgage set forth in the complaint, and to examine and report as to whether the mortgaged premises.can be sold in one parcel; (ii) that the Referee shall not-be required to notice a hearing or conduct a hearing; (iii) that the plaintiff may submit to the Referee its proof by affidavit and (iv) that the Referee report to this Court with all convenient speed; 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) (the statutory fee of $50.00) (in the discretion 2 of 3 q i of the court a fee of $ ), Shall be paid.to the Referee for the computation stage and upon the filing of his/her report; and it is further ORDERED, that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to hin/herself without compliance with Part 36 of the Rules of the Chief.Administrative Judge and; it is further ORDERED, that if required, said Referee take testimony pursuant to RPAPL 1321. I ENTER, . HON. 3 of 3