Motion-Secondary: Jpmorgan Chase Bank, National Association v. Brian Licata, Amy Licata, Secretary Of Housing And Urban Development, City Of New York Department Of Transportation Parking Violations Bureau

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                                At an IAS Part of the Supreme Court
of the State of New York, held in the
County of Richmond, at the

  

 

 

 

Courthouse thereof on the day
of A)
PRESENT:
HON.
Justice
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OFRICHMOND —
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, ORDER OF REFERENCE IN
MORTGAGE FORECLOSURE
Plaintiff,
INDEX NO.: 135653/2015
vs.

MORTGAGED PREMISES:
BRIAN LICATA, AMY LICATA,

SECRETARY OF HOUSING AND URBAN | 22 Von Braun Ave,

DEVELOPMENT, CITY OF NEW YORK | Staten Island, New York 10312
DEPARTMENT OF TRANSPORTATION \
PARKING VIOLATIONS BUREAU, and » Block: 5676

JOHN DOE AND JANE DOE #! through #7, Lot: 82
the seven (7) names being fictitious and

unknown to the plaintiff, the persons or parties _

intended being the tenants, occupants, persons

or parties, if any, having or claiming an interest |

in or lien upon the mortgaged premises
described in the Complaint,

|

| |

| |
Defendants. | |

 

Upon the Summons and Complaint filed herein, and due proof that all Defendant(s) have
been duly served, or have voluntarily appeared in this action, and upon the Affidavit of Mailing,
filed herein, reflecting compliance with CPLR 3215(g)(3) (and all other applicable sections);

And upon proof that all Defendant(s)’ time to answer has expired, or if they answered,
that their answer has been dismissed by summary judgment motion, or that they have posted a
limited notice of appearance;

And it appearing that the Defendants identified above have not appeared or otherwise

9926-1590answered and are in default with the exception of United States of America, whose attorney,
Kelly T. Currie, Esq., of the Eastern District of New York, Acting Attorney for the United States
of America, filed a Notice of Appearance dated July 24, 2015 on its behalf.

And it appearing that none of the defendants are infants, incompetents or absentees; and
that since the filing of the 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
original complaint or so as to extend plaintiff’s claim against the premises;

And upon the Affidavit of Tishea E. Inman, a Vice President of JPMorgan Chase Bank,
National Association, Plaintiff, dated June 22, 2017;

And upon the Affirmations of David Gantz, Esq., attorney with Buckley Madole, P.C.,
Plaintiff's counsel, dated November __, 2017, and setting forth the prior proceedings and
the various facts which entitle Plaintiff to the relief prayed for, and upon all the prior
proceedings;

And it further appearing that the Defendants captioned as “John Doe and Jane Doe #1
through #7” were not served with copies of the Summons and Complaint as they appear not to
exist as unknown tenants to the mortgaged premises and therefore are not necessary parties to
this action, so that none of the defendants are entitled to notice hereof;

Now, on motion of Counsel for Plaintiff, it is hereby

ORDERED that , Esq., with an address of

is hereby

 

appointed Referee to ascertain and compute the amount due upon the note and mortgage being
foreclosed in this action, and to determine whether the mortgaged premises can be sold in
parcels, and it is further;

ORDERED, that, if required, said Referee take testimony pursuant to RPAPL §1321, and

9926-1590it is further;
ORDERED, that by accepting this appointment the Referee certifies that the Referee is
in compliance with Part 36 of the Rules of 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”).
ORDERED, that pursuant to CPLR 8003(a) (the statutory fee of $50) (in discretion 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 names of Defendants “John Doe and Jane Doe #1 through #7” be
severed and stricken from the caption herein and that the action be discontinued as to them, all of

the foregoing without prejudice to any of the proceedings heretofore had herein or to be had

herein and the caption hereinafter to read as follows:

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF RICHMOND
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, | INDEX NO.: 135653/2015

Plaintiff, | MORTGAGED PREMISES:

vs. 22 Von Braun Ave,

Staten Island, New York 10312
BRIAN LICATA, AMY LICATA,

SECRETARY OF HOUSING AND URBAN _ Block: 5676
DEVELOPMENT, CITY OF NEW YORK | Lot: 82
DEPARTMENT OF TRANSPORTATION

PARKING VIOLATIONS BUREAU, |

Defendants.

JS.C.

ENTER DATE:

9926-1590