Preview
Atan IAS Part of the Supreme Court of the
State of New York held in and for the County of
Dutchess, at the Courthouse thereof, at , on the
PI noone day of. » 2016.
PRESENT:
HONORABLE
- a Justice
ween een nnn enennnnnmmnnnnnnnnnanannnenncenmnnnnn
Wells Fargo Bank, N.A.,
Plaintiff, ORDER
Index No.: 051778/2015
-against-
‘Wayne Wilmot, Secretary of Housing and Urban
Development, and “JOHN DOE #1" through “JOHN DOE
#10", the last ten names being fictitious and unknown to the
plaintiff, the person or parties intended being the person or
parties, if any, having or claiming an interest in or lien upon
the Mortgaged premises described in the complaint,
Defendants.
x
Plaintiff, Wells Fargo Bank, N.A., having moved this Court for an Order:
a) awarding plaintiff Summary Judgment; and
b) striking the answer interposed on behalf of the defendant, Wayne Wilmot; and
c) awarding plaintiff Default Judgment; and
d) appointing a Referee to compute the total sums due and owing to the plaintiff; and
e) discontinuing this action against the defendants sued herein as "JOHN DOE #4"
through "JOHN DOE #10" and that "John Doe” (Refused Name) s/h/a John Doe#1, "Jane Doc"
(Refused Name) s/h/a John Doe#2, "Jane Doe" (Refused Name) s/h/a John Doe#3 be substituted
as party defendants in place and instead of the defendants "JOHN DOE #1" through "JOHN
DOE #3", respectively and amending the caption of this action accordingly; and
f) for such other and further relief as this Court may deem just and proper.and the said motion having regularly come on to be heard on and no appearance
having been required or made by the attorneys for the parties herein and upon submission and
due deliberation having been had thereon.
NOW, upon reading and filing the Summons, Complaint and Notice of Pendency filed on
October 2, 2015, the affirmation of Barry Weiss, Esq., dated November 30, 2016, and the
affidavit of Yuluana Hernandez, swom to on September 27, 2016, from which it appears that this
is an action to foreclose a mortgage on property located at 84 Smith Street, Poughkeepsie, NY
12601 and that all the defendants were duly served with said Summons, or have voluntarily
appeared in this action and that none of the defendants answered, moved or appeared with
respect to the Complaint and are in default, except the defendant, Wayne Wilmot, who appeared
in this action; that none of the defendants are infants, incompetents or absentees; that since the
filing of this Lis Pendens, the Complaint herein has not been amended so as to make new parties
to the action or so as to embrace real property other than that described in the eriginal Complaint
or so as to extend plaintiffs claim against the mortgaged premises and that none of the
defendants are entitled to notice of this application except the defendant, Wayne Wilmot.
NOW, upon motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attomeys for
plaintiff, it is
ORDERED, that the motion is granted; and it is further
ORDERED, that the plaintiff is awarded summary judgment and the Answer and
Counterclaims of the defendant, Wayne Wilmot, are hereby stricken; and it is further
ORDERED, that the plaintiff is awarded default judgment against the remaining
defendants, and it is further
ORDERED, that , with an office atis hereby appointed Referee to ascertain and compute the Amount
i
|
due to plaintiff herein for principal, interest, water and sewer rents, if any, insurance premiums, if |
any,(except attorneys fees) advances to protect the lien of the subject Mortgage and any other |
i
charges due upon or secured by the bond or note and Mortgage mentioned in the Complaint and
to examine whether the mortgaged premises can be sold in One parcel; and the Referee to report
to the 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 NYCCR 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 this action be discontinued against the defendants sued herein as
"JOHN DOE #4" through "JOHN DOE #10" and that "John Doe" (Refused Name) s/h/a John
Doe#1, "Jane Doe" (Refused Name) s/h/a John Doe#2, "Jane Doe" (Refused Name) s/h/a John
Doe#3_ be substituted as party defendants in place and instead of the defendants "JOHN DOE
#1" through "JOHN DOE #3", respectively and that the caption of this action be amended
accordingly to read as follows:SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
nace n nn ee x
Wells Fargo Bank, N.A.,
Plaintiff,
Index No.: 051778/2015
-against-
Wayne Wilmot, Secretary of Housing and Urban
Development, "John Doe" (Refused Name) s/h/a John
Doe#1, "Jane Doe" (Refused Name) s/h/a John Doe#2,
"Jane Doe" (Refused Name) s/h/a John Doe#3
Defendants.
eee nee eee) xX
ENTER:
JSC.
Our File No.: 01-077742-F00Index # 051778/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Wells Fargo Bank, N.A.,
Plaintiff,
- against -
Wayne Wilmot, Secretary of Housing and Urban Development,
Defendants.
ORDER
Frenkel, Lambert, Weiss, Weisman & Gordon, LLP
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11706
T: (631) 969-3100
F: (631) 982-4509
Our File No.; 01-077742-F00
To
Attorney(s) for
Service of a copy of the within
is hereby admitted.
Dated,
Attorney(s) for
Preview
Atan IAS Part of the Supreme Court of the State of New York held in and for the County of Dutchess, at the Courthouse thereof, at , on the PI noone day of. » 2016. PRESENT: HONORABLE - a Justice ween een nnn enennnnnmmnnnnnnnnnanannnenncenmnnnnn Wells Fargo Bank, N.A., Plaintiff, ORDER Index No.: 051778/2015 -against- ‘Wayne Wilmot, Secretary of Housing and Urban Development, and “JOHN DOE #1" through “JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the person or parties, if any, having or claiming an interest in or lien upon the Mortgaged premises described in the complaint, Defendants. x Plaintiff, Wells Fargo Bank, N.A., having moved this Court for an Order: a) awarding plaintiff Summary Judgment; and b) striking the answer interposed on behalf of the defendant, Wayne Wilmot; and c) awarding plaintiff Default Judgment; and d) appointing a Referee to compute the total sums due and owing to the plaintiff; and e) discontinuing this action against the defendants sued herein as "JOHN DOE #4" through "JOHN DOE #10" and that "John Doe” (Refused Name) s/h/a John Doe#1, "Jane Doc" (Refused Name) s/h/a John Doe#2, "Jane Doe" (Refused Name) s/h/a John Doe#3 be substituted as party defendants in place and instead of the defendants "JOHN DOE #1" through "JOHN DOE #3", respectively and amending the caption of this action accordingly; and f) for such other and further relief as this Court may deem just and proper.and the said motion having regularly come on to be heard on and no appearance having been required or made by the attorneys for the parties herein and upon submission and due deliberation having been had thereon. NOW, upon reading and filing the Summons, Complaint and Notice of Pendency filed on October 2, 2015, the affirmation of Barry Weiss, Esq., dated November 30, 2016, and the affidavit of Yuluana Hernandez, swom to on September 27, 2016, from which it appears that this is an action to foreclose a mortgage on property located at 84 Smith Street, Poughkeepsie, NY 12601 and that all the defendants were duly served with said Summons, or have voluntarily appeared in this action and that none of the defendants answered, moved or appeared with respect to the Complaint and are in default, except the defendant, Wayne Wilmot, who appeared in this action; that none of the defendants are infants, incompetents or absentees; that since the filing of this Lis Pendens, the Complaint herein has not been amended so as to make new parties to the action or so as to embrace real property other than that described in the eriginal Complaint or so as to extend plaintiffs claim against the mortgaged premises and that none of the defendants are entitled to notice of this application except the defendant, Wayne Wilmot. NOW, upon motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attomeys for plaintiff, it is ORDERED, that the motion is granted; and it is further ORDERED, that the plaintiff is awarded summary judgment and the Answer and Counterclaims of the defendant, Wayne Wilmot, are hereby stricken; and it is further ORDERED, that the plaintiff is awarded default judgment against the remaining defendants, and it is further ORDERED, that , with an office atis hereby appointed Referee to ascertain and compute the Amount i | due to plaintiff herein for principal, interest, water and sewer rents, if any, insurance premiums, if | any,(except attorneys fees) advances to protect the lien of the subject Mortgage and any other | i charges due upon or secured by the bond or note and Mortgage mentioned in the Complaint and to examine whether the mortgaged premises can be sold in One parcel; and the Referee to report to the 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 NYCCR 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 this action be discontinued against the defendants sued herein as "JOHN DOE #4" through "JOHN DOE #10" and that "John Doe" (Refused Name) s/h/a John Doe#1, "Jane Doe" (Refused Name) s/h/a John Doe#2, "Jane Doe" (Refused Name) s/h/a John Doe#3_ be substituted as party defendants in place and instead of the defendants "JOHN DOE #1" through "JOHN DOE #3", respectively and that the caption of this action be amended accordingly to read as follows:SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS nace n nn ee x Wells Fargo Bank, N.A., Plaintiff, Index No.: 051778/2015 -against- Wayne Wilmot, Secretary of Housing and Urban Development, "John Doe" (Refused Name) s/h/a John Doe#1, "Jane Doe" (Refused Name) s/h/a John Doe#2, "Jane Doe" (Refused Name) s/h/a John Doe#3 Defendants. eee nee eee) xX ENTER: JSC. Our File No.: 01-077742-F00Index # 051778/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS Wells Fargo Bank, N.A., Plaintiff, - against - Wayne Wilmot, Secretary of Housing and Urban Development, Defendants. ORDER Frenkel, Lambert, Weiss, Weisman & Gordon, LLP Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11706 T: (631) 969-3100 F: (631) 982-4509 Our File No.; 01-077742-F00 To Attorney(s) for Service of a copy of the within is hereby admitted. Dated, Attorney(s) for