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Atan Part of the Supreme Court
of the State of New York, held in and
for the County of Erie at the
Courthouse thereof, at Erie County
Supreme Court, Part 1-2nd Floor, 92
Franklin Street, Buffalo, NY 14202 on
the day of _s
20
PRESENT:
HONORABLE JS.C
wane eee een nena ene X Index No.: 808088/2015
MidFirst Bank,
Plaintiff,
ORDER VACATING ORDER OF
REFERENCE AND NEW ORDER
OF REFERENCE
-against-
Tony Rudolph, Secretary of Housing and Urban
Development, Dejean Ingram,
Defendants.
nnn nee een nnn nnnnnnnn anneal x
UPON reading and filing the Summons, Complaint and Notice of Pendency filed in this
action on July 2, 2015, the affirmation of Penina Radinsky, Esq. dated November 23, 2016 and the
Affidavit of Cindy Countryman, sworn to on November 21, 2016 , from which it appears that this
action was brought to foreclose a mortgage on property located at 47 Fredro Street, Buffalo, NY
14206, County of Erie, and that there is presently due and payable on the said mortgage the unpaid
principal balance of $36,412.39 with interest at the rate provided for in the note, and it further
appearing that all of the defendants were duly served with a Summons and Complaint, or have
voluntarily appeared herein; that their time to answer or appear has expired and that none of the
defendants answered, appeared or made any motion raising any objection to the Complaint and arein default, except the defendant Secretary of Housing and Urban Development, who appeared in this
action and waived notice of this application; that none of the defendants are infants, incompetents
or absentees; and that all of the remaining defendants are entitled to notice of this application.
NOW, upon Motion of Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorneys for
plaintiff, it is
ORDERED, that the application is granted; and it is further
ORDERED, that the Order of Reference filed on in the Erie County Clerk's Office on April
5, 2016, is hereby vacated without prejudice to any future proceedings or applications; and it is
further
ORDERED, that the plaintiff is awarded a default judgment against the defendants, and it
is further
ORDERED, that , attorney-at-law, with offices at___
telephone number (
is hereby appointed Referee to ascertain and compute the Amount due to plaintiffherein for principal
and interest on the note and mortgage sued upon and set forth in the Complaint and for payments
made by the plaintiff for taxes, assessments, water charges, insurance premiums and any other
expenses that the plaintiff has paid or may pay in connection with the protection of its security
hereunder against the mortgage premises, including, but not limited to, watchman or caretaker fees
water and sewer rents, insurance premiums, and any other advances to protect the lien of the subject
Mortgage during the pendency of this action and to examine whether the mortgaged premises can
be sold in One parcel; and, it is further
ORDERED, that Plaintiff shall pay to the Referee the sum of $50.00 to compute pursuant
to CPLR § 8003; and it is furtherORDERED, that by accepting this appointment, the Referee certifies that she/he 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] ["Disqualification from Appointment"] and Section 36.2[d] [Limitations
on Appointments Based on Compensation"]; and it is further
ORDERED, that legal description contained in the loan modification agreement recorded
February 6, 2012 in Book 13566 at Page 9436 be amended to conform to the correct legal
description; and it is further
ORDERED, that this action remain discontinued against the defendants "JOHN DOE #2"
through "JOHN DOE #10" and that Dejean Ingram remain substituted as a party defendant in place
and stead of "JOHN DOE #1", and that the caption of this action remain follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
concern mmm nnn nan mea ttt mn X Index No.: 808088/2015
MidFirst Bank,
Plaintiff,
-against-
Tony Rudolph, Secretary of Housing and Urban
Development, Dejean Ingram,
Defendants.
men =X
ENTER:
JSC.
Our File No.: 01-076644-F00
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Atan Part of the Supreme Court of the State of New York, held in and for the County of Erie at the Courthouse thereof, at Erie County Supreme Court, Part 1-2nd Floor, 92 Franklin Street, Buffalo, NY 14202 on the day of _s 20 PRESENT: HONORABLE JS.C wane eee een nena ene X Index No.: 808088/2015 MidFirst Bank, Plaintiff, ORDER VACATING ORDER OF REFERENCE AND NEW ORDER OF REFERENCE -against- Tony Rudolph, Secretary of Housing and Urban Development, Dejean Ingram, Defendants. nnn nee een nnn nnnnnnnn anneal x UPON reading and filing the Summons, Complaint and Notice of Pendency filed in this action on July 2, 2015, the affirmation of Penina Radinsky, Esq. dated November 23, 2016 and the Affidavit of Cindy Countryman, sworn to on November 21, 2016 , from which it appears that this action was brought to foreclose a mortgage on property located at 47 Fredro Street, Buffalo, NY 14206, County of Erie, and that there is presently due and payable on the said mortgage the unpaid principal balance of $36,412.39 with interest at the rate provided for in the note, and it further appearing that all of the defendants were duly served with a Summons and Complaint, or have voluntarily appeared herein; that their time to answer or appear has expired and that none of the defendants answered, appeared or made any motion raising any objection to the Complaint and arein default, except the defendant Secretary of Housing and Urban Development, who appeared in this action and waived notice of this application; that none of the defendants are infants, incompetents or absentees; and that all of the remaining defendants are entitled to notice of this application. NOW, upon Motion of Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP, attorneys for plaintiff, it is ORDERED, that the application is granted; and it is further ORDERED, that the Order of Reference filed on in the Erie County Clerk's Office on April 5, 2016, is hereby vacated without prejudice to any future proceedings or applications; and it is further ORDERED, that the plaintiff is awarded a default judgment against the defendants, and it is further ORDERED, that , attorney-at-law, with offices at___ telephone number ( is hereby appointed Referee to ascertain and compute the Amount due to plaintiffherein for principal and interest on the note and mortgage sued upon and set forth in the Complaint and for payments made by the plaintiff for taxes, assessments, water charges, insurance premiums and any other expenses that the plaintiff has paid or may pay in connection with the protection of its security hereunder against the mortgage premises, including, but not limited to, watchman or caretaker fees water and sewer rents, insurance premiums, and any other advances to protect the lien of the subject Mortgage during the pendency of this action and to examine whether the mortgaged premises can be sold in One parcel; and, it is further ORDERED, that Plaintiff shall pay to the Referee the sum of $50.00 to compute pursuant to CPLR § 8003; and it is furtherORDERED, that by accepting this appointment, the Referee certifies that she/he 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] ["Disqualification from Appointment"] and Section 36.2[d] [Limitations on Appointments Based on Compensation"]; and it is further ORDERED, that legal description contained in the loan modification agreement recorded February 6, 2012 in Book 13566 at Page 9436 be amended to conform to the correct legal description; and it is further ORDERED, that this action remain discontinued against the defendants "JOHN DOE #2" through "JOHN DOE #10" and that Dejean Ingram remain substituted as a party defendant in place and stead of "JOHN DOE #1", and that the caption of this action remain follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE concern mmm nnn nan mea ttt mn X Index No.: 808088/2015 MidFirst Bank, Plaintiff, -against- Tony Rudolph, Secretary of Housing and Urban Development, Dejean Ingram, Defendants. men =X ENTER: JSC. Our File No.: 01-076644-F00