Preview
INDEX NO. 135718/2015
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018
At an ff f [,t of the Supreme Couft of the
State of New York, held in and for the
County of Richmond at the Courlhouse
thereof, Supreme Courl Building, 18
Richmond Terr., Staten Island, New York
on the ll day of ilqr":l ,
20r8.
-v
PRESENT: Hou Desmond A. Green
J,S.C,
Honorable
Justice.
SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF RICHMOND
------------------x
HSBC BANK USA. N.A. Index No: 13571812015
Plaintiff.
-against- JUDGMENT OF FORE,CLOSURE AND
SALE
RONALD PALERMO,
ISABELLA PALERMO,
INGRID COGNE,TTA,
FRANK PALERMO, Mortgaged Premises:
NICHOLAS PALERMO, 10 A Ruggles Street
Staten Island, New York 10312
?.:1.13::: .....x
Upon the summons and complaint filed herein on July 29, 2015 and notice of
pendency of action previously filed herein on July 29,2075, and on the attorney's statement of
Natalie Giraldo, Esq., dated April 4, 2017, demonstrating that all of the defendants have been
duly served with the summons and complaint herein and the affidavits of service of the
defendant previously filed herein, and upon the Order entered herein on October 4, 2017
appointing Samuel Figueroa , Esq., as referee to ascefiain and compute the amount due to the
plaintiff pursuant to the note and mortgage and to protect the lien of said mofigage, and to
examine and report whether the mortgage premises can be sold in parcels; and
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Upon reading and filing the reporl of the referee dated October 20,2017 ftom
was due to plaintiff as of wednesday, March
which report it appears that the sum of $339,485.71
described in the complaint, and that the mortgaged premises
22,2017 on the note and mortgage
should be sold in one Parcel; and
Upon reading and hling the affidavit of regularity of Deana Cheli, Esq. sworn to on
which it appears that this action was brought to foreclose a mortgage on
October 3I,Z0l7,from
certain real property situated in the County of Richmond and State of New York more commonly
known as 10 A Ruggles Street, Staten Island, New York 10312, and that the whole amount
is due and payable as computed in the aforesaid Referee's report, and
secured by said mortgage
that all of the def-endants herein have been duly served with the summons and complaint, and
of default judgment on plaintiff s foreclosure complaint against the defendants'
upon the entry
and that none of the defendants is an infant, incompetent or absentee,
"Sale" is herein defined as the foreclosure auction date.
NOW" on motion of Mccabe, weisberg & conway,LLC, attomeys for the
plaintiff, it is
ORDERED,thatthemotionisgranted,anditisfuither
ORDERED, ADJUDGED and DECREED, that the repoft of the Referee,
October 20,201'7,by and the same is hereby in all respects ratified
Samuel Figeroa , L,sq., dated
and confirmed; and it is further
ORDERED, ADJUDGED and DECREED, that plaintiff is entitled to judgment
of said mortgage and that the plaintiff if entitled to recover upon said
establishing the validity
interest thereon from Thursday, March 23,2017
mortgage herein the sum of $339,48 5.JI ,with
to date of the closing of title of the referee's sale of the mortgaged premises, and also any amount
paid by plaintiff for local realty taxes' water charges and assessments, hazard and F'H'A'
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Insurance, and the preservation or protection of the property; and it further
ORDERED' ADJUDGED and DECREED, that said premises affected by said
mortgage set forth in the complaint herein and hereinafter set forth, constituting one parcel to be
sold in one parcel at public auction, at the County Courthouse ,26 Central Avenue, krel4:10,
Staten Island, New York 10301under the direction of Samuel Fisueroa Referee. and that said
Referee give public notice of the time and place of sale accordlng to law and the
practice of this Court by publishing the notice of sale in t
and that plaintiff on such sale, or any other party to this action, may become purchaser, the
payment of all taxes, transfer fees and costs, including New York State and local Transfer taxes
and the cost of the deed stamps to be attached to the Referee's Deed shall be paid by the
Purchaser. Any and all maintenance fees and assessments, taxes, water rates, and any f'ees
associated with the transfer of titlefor the subject premises accrued from the Sale date forw-ard
are the obligation of the purchaser; and that in case the plaintiff shall become a purchaser at the
said sale, they shall not be required to make any deposit thereon; and it is further
ORDERED' ADJUDGED and DECREED, That said premises is to be sold in
one parcel in "as is" physical order and condition and that said Referee shall sell and convey said
premises subject to the following:
l. Any state of fact which would be shown by an accurate survey;
2. All covenants, restrictions, easements, agreements and reservations, if any,
or record , and to any violations thereof;
3. Any and all building and zoning regulations, restrictions and ordinances of
the municipality in which said premises are situated, and any violations of the same;
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4. Any and all orders or requirements issued by any governmental body
having jurisdiction against or affecting said premises pursuant to Title 28; Section 2410 of th:e
United States Code: and
5. The Right, ifany, of the United States of America to redeem the premises
pursuant to Title 28; Section 2410 of the United States Code; and
6. The physical condition of any building or structure on the premises as of
the date of sale hereunder; that said Referee shall then deposit the balance of such proceeds in
hisiher own name as referee and shall thereafter make the following payments, and his checks
drawn for such purpose shall be paid by said depository.
7. Any prior outstanding mortgages or liens that may exist on the subject
premlses.
ORDERED, ADJUDGED AND DECREED that the all funds
lefereejeposit
received pursuant to this order in his/her own name as Referee tillW)W rt{:#4TC/{
shall thereafter make the following payments and his/her checks drawn for that purpose shall be
paid by said depository:
First: He shall pay a sum not exceeding $500.00 for said Referee's fees as
provided in Section 8003 (b) of the Civil Practice Law and Rules.
Second: Unless the mortgaged premises are hereby specifically ordered to be sold
subject to the same, he shall pay all local realty taxes, water rates and assessments which are or
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shall become liens on said premises to the date of sale, and redeem any such liens that may be
sold.
Third: He shall pay the advertising and posting expenses shown by the bills
presented and cerlified by said Referee to be corrected, duplicate copies of which shall be
annexed to the reporl of sale.
Fourth: He shall pay to the plaintiff or plaintiffs attorney the sum of
Cr 4e?'-
to be taxed by the Clerk
adjudged to plaintiff
of the Court and an additional
for the costs and disburse4rents
allowance of $
-Of)rt-
rJ l/V
of this action,
awarded to
plaintiff or laintiffs attorney, in addition to costs with interest thereon, and an amount of
to plaintiffs attorneys for reasonable attorneys' fees as provided
in the note and moftgage, and also the sum of $339,485.71the amount reported due as aforesaid,
together with interest thereon from Thursday, March 23,2017 to the date of the closing of title of
the referee's sale of the mortgaged premises, and also any amounts paid by plaintiff for any
hazard and F.H.A. Insurance, or the preserrzation of the property and, unless the premises are
sold thereto, any payments necessary to satisfy all local realty taxes, water and other municipal
charges and assessments, and that he take a receipt or affidavit thereof and file it with his report
of sale.
Fifth: He shall, within five days after the same shall be received and be
ascerlainable, place on deposit with the Clerk of the County of the surplus money, ifany, to the
credit of this action, to be withdrawn only on an order of this Couft signed by a Justice of this
Court;
Sixth: In the absence of the designated Referee, the court will designate a
substitute Referee forthwith. and it is further
ORDERED, ADJUDGED and DECREED, that said Referee make a report of
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sale and file it with the Clerk of the County of Richmond within 30 days of completing the sale
and executing the proper conveyance to the purchasers; and that the purchaser or purchasers at
such sale be forthwith lct into possession on production of the Referee's Deed, and that if the
proceeds of sale be insufficient to pay the amount that are reported due to plaintiff with the
expenses of the aforesaid sale, interest, costs, allowances and local realty taxes, water charges
and assessments and interest as aforesaid, the said Referee shall specify the amounts of such
deficiencies in his reporl of sale, and that plaintiff may apply to the Court for such deficiency
judgment against defendants Ronald Palermo upon notice, and also upon complying with Section
1371 of the Real Property Action and Proceedings Law; and it is further
ORDERED' ADJUDGED and DECREED, That in case the plaintiff be the
purchaser of said mortgaged premises at said sale, or in tthe event that the rights of the purchases
at said sale and the terms of sale under this judgment shall be assigned to and be acquired by the
plaintiff , and a valid assignment thereof filed with aid Referee, said Referee shall not require
plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the
plaintiff or it's assignee, a deed or deeds of the premises sold upon the payments to said referee
of the amounts specified above in items marked "FIRST" and "SECOND" and the amount of the
aforesaid taxes, assessments, sewar rents and water rates with interest and penalties thereon, or in
lieu of the payment of said last mentioned amounts upon filing with said Referee receipts of
proper municipal authorities showing payments thereof that the balances of the amount bid, after
deducting therefrom the aforesaid amounts paid by plaintiff for Referee's fees, advertising
expenses, taxes, assessments, sewer rents and water rates shall be allowed to the plaintiff and
applied by said Referee upon the amounts due to plaintiff as specified in item marked
"FOURTH" that after applying the balance of the amount bid, there shall be a surplus over and
above the said amounts due to the plaintiff, the plaintiff shall pay to the said Referee, upon
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delivery to plaintiff of said's Refelee's deed the amount of such surplus ; that said referee on
receiving said several amounts from the plaintiff shall forthwith pay therefrom said taxes ,
assessments, sewers rents, water rates. with interest and penalties thereon, unless the same have
already been paid and shall then deposit the balance.
ORDERED' ADJUDGED and DECREED, That said Refer'ee take the receipt
of the plaintiff or plaintiffs attorney for the amounts paid as hereinbefore directed in itme
marked "FOURTH" and file it with his/her report of sale, that he/she deposit the surplus monies,
if any, with the Richmond County Clerk within five says after the same shall be received and be
ascertainable, to the credit of this action to be withdrawn only on the older of the court, signed
by the Justice of the Court, that said Referee make his/her report of such sale under oath showing
the disposition of the proceeds of the sale and accompanied by the vouchers of person to whom
the payment were made and file it with Richmond County Clerk within thirty days after
completing the sale and executing the proper conveyance to the purchaser and that if the
proceeds of such sale be insufficient to pay amount reported due to the plaintiff with interest and
costs as aforesaid, the plaintiff shall recover from the defendants the whole deficiency or so
much thereof as the Court may determine to be just and equitable of the residue of the morlgaged
debt remaining unsatisfied after a sale of the mortgaged premises and the application of the
proceeds thereof, provided a motion for deficiency judgment shall be made as prescribed by
section 1371 of the Real Property Actions and Proceedings law within the time limited therein,
and the amount thereof is determined and awarded by an order of this Court as provided for in
said section, and it is further
ORDERED' ADJUDGED and DECREED, That the purchaser or purchasers at
said sale be let into possession on production or delivery of the Referee's deed; and it is further
ORDERED, ADJUDGED and DECREED, that each and all of the
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defendants in this action, and also all persons claiming under them or any of them, after the filing
of a notice of pendency of action, be and same hereby are forever barred and foreclosed of all
right, claim, lien, title, interest and equity of redemption in said premises and every part thereof,
except nothing herein shall bar any right of the United States of America to redeem as provided
in Title 28 of the United States Code. Section 2410: and it fuither
ORDERED, ADJUDGED and DECREED, that in the event that the plaintiff
shall elect to accept a purchase money mortgage from any purchaser or purchasers at such sale,
the amount thereof shall be credited against the amount due the plaintiff under this judgment, and
that the purchaser, or purchasers, shall not be required to pay the same in cash, but shall be
credited upon its bid with such amount, and that the Referee take plaintiffs receipt for such
amount and frle it with his report of sale.
ADJUDGED A DECREED, thagto ensure that t
iCs Form was timel Igfunds appropriately /eposi
conference scheduldtr+i.thi 90 days from the e of thlsrOrder. lf therform has
timei with this Court the Clerk fa conference will not
fi
ORDERED, ADJUDGED and DECREED, that by accepting this appointment
the referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge
(22NYCRR 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").
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THAT a particular description of said premises described in said morlgage and to
be sold by said referee is annexed hereto as Exhibit A.
ENTER
J.S.C. Hon Desmond A. Green
(o
J.S.C.
this iudgment' ttre ieferee shallhold the
0RDERED that within 90 days of the date of
at the iichmond County Coutthouse;
sale/auction ol the suUiect Btoltny on a date certain
*iittintwenty (20) days of entryd frris order the Referee
and it is turther OnOrniOitrit
tne cbrr d ttre rorectosure Part ai
gta) 675-8632 to schedule the datc
shail contact
ccrtain lor the auction/sale'
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NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018
REO America Abstract, lnc.
crr.N*IK ..FileNnt
Prop.rtffinun RoiiitO pater*o and Isabelln Palernro and, Ingrid Cognctta
Legal DescriPtion
Ploperty Dcscription:
Address: l0A Ruggles Street, Staten lsland, NY 103l2
I'ax ID #: Block: 65 |I Lot: l5
Municiprlity: Borouglt of Staten lsland
Couuty: Richrnond
Ar,l tbat gertall plob, ploan or pafu*l of labdl, vltb tbo bulllltage
qnd lnprovsucatg tborcou artstedr Eitt tto, Iytng aud bolag lB ttt
countY ol aI*XHQfiS} Clty aull Stoto of Nor York' boundad aDd
doectlbod ar ftrll*ntt
BEoIUNTNO at a polnt on tho Weatorly sldc o! Ruggles Sfrcet (50.00
feet wlde) dl,otant 150.00 feet (150,3? faot U.s. standard) fron the
corner foimod by the Ln€craoctlon of, Lhe Weeterly aldo of Rugglos
Stroet and the southerly glde of Anboy Roadl
RUNNING THENCE Southerly a1on9 the l{eeterly elde of Rugglos Street
soUth 3O degroas 35 Elnubeg l0 aeeonde East 50'O0 feet bo a polnt;
RUNNING THENCE Bouth 67 qcgEeee {6 $lnubos o9 seconde Wect l50.oo
feo! (t32,29 feet U,S. gtandard) to a polnt;
RUNNfNG TIIENCE Xorth lo degrees 35 nlnutes 10 Eeconds l{eet 50.00
feot to a polntl
RUNNING rHENCE North 67 degre'ee 46 nlnutsc O9 seconds East 150.o0
Fect (ts2,zs loet U.s. stanarxdl to f p-9q!_gl._tho t{eEterly alde ol
Rugglie SLreet tha polnt or placo of BEorrrNINo'
j il,::
cl>
1,,o"'
lt):!ii lfli
tr$rr'i:;l-'lli'1LC''ii1 fq'r1'r'irrl
,tt(i':;:r!tlilsfotslll!rrixildilic'ilil
l:L:lrlie
liri 1}ti\ifilrdl
{}r1 liiliil:l-i rs 1r! !tli) i(i
i'l
ltrtri:iJ
fli3'"tl 7
i' 7
'l
*4:+*$4iiiiiiiffiiiM
-"*-.*-'+"
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SUPREME COURT THE STATE OF NEW YORK:
COLINTY OF RICHMOND
-------x
HSBC BANK USA" N.A." Index No: 13571812015
Plaintiff.
COSTS OF PLAINTIFF
-against-
RONALD PALERMO,
ISABELLA PALERMO,
INGRID COGNETTA.
FRANK PALERMO,
NICHOLAS PALERMO.
Defendants.
-----------x
COSTS DISBURSEMENTS
Costs before note of issue for lndex Nunrber CPLR lB07B(a)
Fee $435.00
5&C,LP Fee $200.00 Clerk's fee for fi/ing notice ofpend. or auach
CPIR58201 subd.1 2
CPLR iBO7B(e) 58021 (A)1
Allowance by srature
58302(aXb)
CPLR
Title Fee)
Percentage on $200.00 at
10o/o $20.00 Paid for Searthes CPLR 58301(a)10 $450.00
(not exceeding $200.00)
Svc Fee) $40.00 Seruing copy ol sumrnon-s & contplaint $490.00
Additional $800.00 ar 5ol. tO
(PLR 58U /
t58J0 t(d)
(not exceeding $800 00)
Additional $2000.00 at 2ol. $40.00 Request for Jrrdicial lntervenrion $95.00
Ref Fee)
(Not exceeding $2000.00)
Additional $5000.00 at 1% $50.00 Pa
"r
(PL R 3BJO | (a
d RJo at < Rtp 2
) | $250.00
(not exceedang $50.00 Motion Costs $90.00
$5,000.00)
by statute
Allorvance
cPIR 58302(d)
COSTS $400.00 $1,810.00
Total)
DISBURSEMENTS $1.810 00
TOTAT $2.210 00
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Preview
INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 At an ff f [,t of the Supreme Couft of the State of New York, held in and for the County of Richmond at the Courlhouse thereof, Supreme Courl Building, 18 Richmond Terr., Staten Island, New York on the ll day of ilqr":l , 20r8. -v PRESENT: Hou Desmond A. Green J,S.C, Honorable Justice. SUPREME COURT THE STATE OF NEW YORK: COUNTY OF RICHMOND ------------------x HSBC BANK USA. N.A. Index No: 13571812015 Plaintiff. -against- JUDGMENT OF FORE,CLOSURE AND SALE RONALD PALERMO, ISABELLA PALERMO, INGRID COGNE,TTA, FRANK PALERMO, Mortgaged Premises: NICHOLAS PALERMO, 10 A Ruggles Street Staten Island, New York 10312 ?.:1.13::: .....x Upon the summons and complaint filed herein on July 29, 2015 and notice of pendency of action previously filed herein on July 29,2075, and on the attorney's statement of Natalie Giraldo, Esq., dated April 4, 2017, demonstrating that all of the defendants have been duly served with the summons and complaint herein and the affidavits of service of the defendant previously filed herein, and upon the Order entered herein on October 4, 2017 appointing Samuel Figueroa , Esq., as referee to ascefiain and compute the amount due to the plaintiff pursuant to the note and mortgage and to protect the lien of said mofigage, and to examine and report whether the mortgage premises can be sold in parcels; and 1 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 Upon reading and filing the reporl of the referee dated October 20,2017 ftom was due to plaintiff as of wednesday, March which report it appears that the sum of $339,485.71 described in the complaint, and that the mortgaged premises 22,2017 on the note and mortgage should be sold in one Parcel; and Upon reading and hling the affidavit of regularity of Deana Cheli, Esq. sworn to on which it appears that this action was brought to foreclose a mortgage on October 3I,Z0l7,from certain real property situated in the County of Richmond and State of New York more commonly known as 10 A Ruggles Street, Staten Island, New York 10312, and that the whole amount is due and payable as computed in the aforesaid Referee's report, and secured by said mortgage that all of the def-endants herein have been duly served with the summons and complaint, and of default judgment on plaintiff s foreclosure complaint against the defendants' upon the entry and that none of the defendants is an infant, incompetent or absentee, "Sale" is herein defined as the foreclosure auction date. NOW" on motion of Mccabe, weisberg & conway,LLC, attomeys for the plaintiff, it is ORDERED,thatthemotionisgranted,anditisfuither ORDERED, ADJUDGED and DECREED, that the repoft of the Referee, October 20,201'7,by and the same is hereby in all respects ratified Samuel Figeroa , L,sq., dated and confirmed; and it is further ORDERED, ADJUDGED and DECREED, that plaintiff is entitled to judgment of said mortgage and that the plaintiff if entitled to recover upon said establishing the validity interest thereon from Thursday, March 23,2017 mortgage herein the sum of $339,48 5.JI ,with to date of the closing of title of the referee's sale of the mortgaged premises, and also any amount paid by plaintiff for local realty taxes' water charges and assessments, hazard and F'H'A' 2 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 Insurance, and the preservation or protection of the property; and it further ORDERED' ADJUDGED and DECREED, that said premises affected by said mortgage set forth in the complaint herein and hereinafter set forth, constituting one parcel to be sold in one parcel at public auction, at the County Courthouse ,26 Central Avenue, krel4:10, Staten Island, New York 10301under the direction of Samuel Fisueroa Referee. and that said Referee give public notice of the time and place of sale accordlng to law and the practice of this Court by publishing the notice of sale in t and that plaintiff on such sale, or any other party to this action, may become purchaser, the payment of all taxes, transfer fees and costs, including New York State and local Transfer taxes and the cost of the deed stamps to be attached to the Referee's Deed shall be paid by the Purchaser. Any and all maintenance fees and assessments, taxes, water rates, and any f'ees associated with the transfer of titlefor the subject premises accrued from the Sale date forw-ard are the obligation of the purchaser; and that in case the plaintiff shall become a purchaser at the said sale, they shall not be required to make any deposit thereon; and it is further ORDERED' ADJUDGED and DECREED, That said premises is to be sold in one parcel in "as is" physical order and condition and that said Referee shall sell and convey said premises subject to the following: l. Any state of fact which would be shown by an accurate survey; 2. All covenants, restrictions, easements, agreements and reservations, if any, or record , and to any violations thereof; 3. Any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and any violations of the same; 3 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 4. Any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises pursuant to Title 28; Section 2410 of th:e United States Code: and 5. The Right, ifany, of the United States of America to redeem the premises pursuant to Title 28; Section 2410 of the United States Code; and 6. The physical condition of any building or structure on the premises as of the date of sale hereunder; that said Referee shall then deposit the balance of such proceeds in hisiher own name as referee and shall thereafter make the following payments, and his checks drawn for such purpose shall be paid by said depository. 7. Any prior outstanding mortgages or liens that may exist on the subject premlses. ORDERED, ADJUDGED AND DECREED that the all funds lefereejeposit received pursuant to this order in his/her own name as Referee tillW)W rt{:#4TC/{ shall thereafter make the following payments and his/her checks drawn for that purpose shall be paid by said depository: First: He shall pay a sum not exceeding $500.00 for said Referee's fees as provided in Section 8003 (b) of the Civil Practice Law and Rules. Second: Unless the mortgaged premises are hereby specifically ordered to be sold subject to the same, he shall pay all local realty taxes, water rates and assessments which are or 4 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 shall become liens on said premises to the date of sale, and redeem any such liens that may be sold. Third: He shall pay the advertising and posting expenses shown by the bills presented and cerlified by said Referee to be corrected, duplicate copies of which shall be annexed to the reporl of sale. Fourth: He shall pay to the plaintiff or plaintiffs attorney the sum of Cr 4e?'- to be taxed by the Clerk adjudged to plaintiff of the Court and an additional for the costs and disburse4rents allowance of $ -Of)rt- rJ l/V of this action, awarded to plaintiff or laintiffs attorney, in addition to costs with interest thereon, and an amount of to plaintiffs attorneys for reasonable attorneys' fees as provided in the note and moftgage, and also the sum of $339,485.71the amount reported due as aforesaid, together with interest thereon from Thursday, March 23,2017 to the date of the closing of title of the referee's sale of the mortgaged premises, and also any amounts paid by plaintiff for any hazard and F.H.A. Insurance, or the preserrzation of the property and, unless the premises are sold thereto, any payments necessary to satisfy all local realty taxes, water and other municipal charges and assessments, and that he take a receipt or affidavit thereof and file it with his report of sale. Fifth: He shall, within five days after the same shall be received and be ascerlainable, place on deposit with the Clerk of the County of the surplus money, ifany, to the credit of this action, to be withdrawn only on an order of this Couft signed by a Justice of this Court; Sixth: In the absence of the designated Referee, the court will designate a substitute Referee forthwith. and it is further ORDERED, ADJUDGED and DECREED, that said Referee make a report of 5 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 sale and file it with the Clerk of the County of Richmond within 30 days of completing the sale and executing the proper conveyance to the purchasers; and that the purchaser or purchasers at such sale be forthwith lct into possession on production of the Referee's Deed, and that if the proceeds of sale be insufficient to pay the amount that are reported due to plaintiff with the expenses of the aforesaid sale, interest, costs, allowances and local realty taxes, water charges and assessments and interest as aforesaid, the said Referee shall specify the amounts of such deficiencies in his reporl of sale, and that plaintiff may apply to the Court for such deficiency judgment against defendants Ronald Palermo upon notice, and also upon complying with Section 1371 of the Real Property Action and Proceedings Law; and it is further ORDERED' ADJUDGED and DECREED, That in case the plaintiff be the purchaser of said mortgaged premises at said sale, or in tthe event that the rights of the purchases at said sale and the terms of sale under this judgment shall be assigned to and be acquired by the plaintiff , and a valid assignment thereof filed with aid Referee, said Referee shall not require plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the plaintiff or it's assignee, a deed or deeds of the premises sold upon the payments to said referee of the amounts specified above in items marked "FIRST" and "SECOND" and the amount of the aforesaid taxes, assessments, sewar rents and water rates with interest and penalties thereon, or in lieu of the payment of said last mentioned amounts upon filing with said Referee receipts of proper municipal authorities showing payments thereof that the balances of the amount bid, after deducting therefrom the aforesaid amounts paid by plaintiff for Referee's fees, advertising expenses, taxes, assessments, sewer rents and water rates shall be allowed to the plaintiff and applied by said Referee upon the amounts due to plaintiff as specified in item marked "FOURTH" that after applying the balance of the amount bid, there shall be a surplus over and above the said amounts due to the plaintiff, the plaintiff shall pay to the said Referee, upon 6 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 delivery to plaintiff of said's Refelee's deed the amount of such surplus ; that said referee on receiving said several amounts from the plaintiff shall forthwith pay therefrom said taxes , assessments, sewers rents, water rates. with interest and penalties thereon, unless the same have already been paid and shall then deposit the balance. ORDERED' ADJUDGED and DECREED, That said Refer'ee take the receipt of the plaintiff or plaintiffs attorney for the amounts paid as hereinbefore directed in itme marked "FOURTH" and file it with his/her report of sale, that he/she deposit the surplus monies, if any, with the Richmond County Clerk within five says after the same shall be received and be ascertainable, to the credit of this action to be withdrawn only on the older of the court, signed by the Justice of the Court, that said Referee make his/her report of such sale under oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of person to whom the payment were made and file it with Richmond County Clerk within thirty days after completing the sale and executing the proper conveyance to the purchaser and that if the proceeds of such sale be insufficient to pay amount reported due to the plaintiff with interest and costs as aforesaid, the plaintiff shall recover from the defendants the whole deficiency or so much thereof as the Court may determine to be just and equitable of the residue of the morlgaged debt remaining unsatisfied after a sale of the mortgaged premises and the application of the proceeds thereof, provided a motion for deficiency judgment shall be made as prescribed by section 1371 of the Real Property Actions and Proceedings law within the time limited therein, and the amount thereof is determined and awarded by an order of this Court as provided for in said section, and it is further ORDERED' ADJUDGED and DECREED, That the purchaser or purchasers at said sale be let into possession on production or delivery of the Referee's deed; and it is further ORDERED, ADJUDGED and DECREED, that each and all of the 7 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 defendants in this action, and also all persons claiming under them or any of them, after the filing of a notice of pendency of action, be and same hereby are forever barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in said premises and every part thereof, except nothing herein shall bar any right of the United States of America to redeem as provided in Title 28 of the United States Code. Section 2410: and it fuither ORDERED, ADJUDGED and DECREED, that in the event that the plaintiff shall elect to accept a purchase money mortgage from any purchaser or purchasers at such sale, the amount thereof shall be credited against the amount due the plaintiff under this judgment, and that the purchaser, or purchasers, shall not be required to pay the same in cash, but shall be credited upon its bid with such amount, and that the Referee take plaintiffs receipt for such amount and frle it with his report of sale. ADJUDGED A DECREED, thagto ensure that t iCs Form was timel Igfunds appropriately /eposi conference scheduldtr+i.thi 90 days from the e of thlsrOrder. lf therform has timei with this Court the Clerk fa conference will not fi ORDERED, ADJUDGED and DECREED, that by accepting this appointment the referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22NYCRR 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"). 8 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 THAT a particular description of said premises described in said morlgage and to be sold by said referee is annexed hereto as Exhibit A. ENTER J.S.C. Hon Desmond A. Green (o J.S.C. this iudgment' ttre ieferee shallhold the 0RDERED that within 90 days of the date of at the iichmond County Coutthouse; sale/auction ol the suUiect Btoltny on a date certain *iittintwenty (20) days of entryd frris order the Referee and it is turther OnOrniOitrit tne cbrr d ttre rorectosure Part ai gta) 675-8632 to schedule the datc shail contact ccrtain lor the auction/sale' 9 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 REO America Abstract, lnc. crr.N*IK ..FileNnt Prop.rtffinun RoiiitO pater*o and Isabelln Palernro and, Ingrid Cognctta Legal DescriPtion Ploperty Dcscription: Address: l0A Ruggles Street, Staten lsland, NY 103l2 I'ax ID #: Block: 65 |I Lot: l5 Municiprlity: Borouglt of Staten lsland Couuty: Richrnond Ar,l tbat gertall plob, ploan or pafu*l of labdl, vltb tbo bulllltage qnd lnprovsucatg tborcou artstedr Eitt tto, Iytng aud bolag lB ttt countY ol aI*XHQfiS} Clty aull Stoto of Nor York' boundad aDd doectlbod ar ftrll*ntt BEoIUNTNO at a polnt on tho Weatorly sldc o! Ruggles Sfrcet (50.00 feet wlde) dl,otant 150.00 feet (150,3? faot U.s. standard) fron the corner foimod by the Ln€craoctlon of, Lhe Weeterly aldo of Rugglos Stroet and the southerly glde of Anboy Roadl RUNNING THENCE Southerly a1on9 the l{eeterly elde of Rugglos Street soUth 3O degroas 35 Elnubeg l0 aeeonde East 50'O0 feet bo a polnt; RUNNING THENCE Bouth 67 qcgEeee {6 $lnubos o9 seconde Wect l50.oo feo! (t32,29 feet U,S. gtandard) to a polnt; RUNNfNG TIIENCE Xorth lo degrees 35 nlnutes 10 Eeconds l{eet 50.00 feot to a polntl RUNNING rHENCE North 67 degre'ee 46 nlnutsc O9 seconds East 150.o0 Fect (ts2,zs loet U.s. stanarxdl to f p-9q!_gl._tho t{eEterly alde ol Rugglie SLreet tha polnt or placo of BEorrrNINo' j il,:: cl> 1,,o"' lt):!ii lfli tr$rr'i:;l-'lli'1LC''ii1 fq'r1'r'irrl ,tt(i':;:r!tlilsfotslll!rrixildilic'ilil l:L:lrlie liri 1}ti\ifilrdl {}r1 liiliil:l-i rs 1r! !tli) i(i i'l ltrtri:iJ fli3'"tl 7 i' 7 'l *4:+*$4iiiiiiiffiiiM -"*-.*-'+" 10 of 11 INDEX NO. 135718/2015 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 09/05/2018 SUPREME COURT THE STATE OF NEW YORK: COLINTY OF RICHMOND -------x HSBC BANK USA" N.A." Index No: 13571812015 Plaintiff. COSTS OF PLAINTIFF -against- RONALD PALERMO, ISABELLA PALERMO, INGRID COGNETTA. FRANK PALERMO, NICHOLAS PALERMO. Defendants. -----------x COSTS DISBURSEMENTS Costs before note of issue for lndex Nunrber CPLR lB07B(a) Fee $435.00 5&C,LP Fee $200.00 Clerk's fee for fi/ing notice ofpend. or auach CPIR58201 subd.1 2 CPLR iBO7B(e) 58021 (A)1 Allowance by srature 58302(aXb) CPLR Title Fee) Percentage on $200.00 at 10o/o $20.00 Paid for Searthes CPLR 58301(a)10 $450.00 (not exceeding $200.00) Svc Fee) $40.00 Seruing copy ol sumrnon-s & contplaint $490.00 Additional $800.00 ar 5ol. tO (PLR 58U / t58J0 t(d) (not exceeding $800 00) Additional $2000.00 at 2ol. $40.00 Request for Jrrdicial lntervenrion $95.00 Ref Fee) (Not exceeding $2000.00) Additional $5000.00 at 1% $50.00 Pa "r (PL R 3BJO | (a d RJo at < Rtp 2 ) | $250.00 (not exceedang $50.00 Motion Costs $90.00 $5,000.00) by statute Allorvance cPIR 58302(d) COSTS $400.00 $1,810.00 Total) DISBURSEMENTS $1.810 00 TOTAT $2.210 00 11 of 11