Preview
INDEX NO. 135653/2015
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019
At IAS Part C.Fp of the Supreme Court
held in the County of Richmond, at the
6r
IIon Desmond A. Green Richmond Courthouse thereof, on the )t
day of 5.,lo , 20 tl
- J.S.C. .
PRESENT:
JUSTICE OF THE SUPREME COUKT
JPMorgan Chase Bank, National Association, INDEX NO.: 13565312015
Plaintiff, ORDER CONFIRMING REFEREE
REPORT AND JUDGMENT OF
vs. FORECLOSURE AND SALE
Brian Licata;Amy Licata; Secretary of MORTGAGED PROPERTY
Housing and Urban Development; City of New 22Yon BraunAvenue
York Department of Transportation Parking Staten Island, New York 10312
Violations Bureau,
+co3
Block: 5676 Lot 82
Defendants.
UPON the Summons, Complaint, and Notice of Pendency filed in this action on July 9,
2015, the Notice of Motion dated Decembe{,2018, the Affirmation by Marika Dagounis,
Esq., the Affrdavit of Merit and Amount Due by Tishea E. Inman who is Vice President of
JPMorgan Chase Bank, N.A., Plaintifl duly sworn to on June 22, 2017, together with the
exhibits annexed thereto, all in support of Plaintiffs motion for an Order Confirming Referee
Report and Judgment of Foreclosure and Sale; and
UPON proof that each of the defendants herein has been duly served with the Summons
and Complaint in this action, and has voluntarily appeared either personally or by an attorney or
has not served any answer to the Complaint or otherwise appeared, nor had their time to do so
extended; and it appearing that more than the legally required number of days has elapsed since
defendants Brian Licata, Amy Licata, Secretary of Housing and Urban Development and City of
New York Department of Transportation Parking Violations Bureau, were so served and/or
appeared; and Plaintiff having established to the court's satisfaction that a judgment against
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defendants is warranted; and
upoN the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
proof that non-appearing defendants Brian Licata, Amy Licata, Secretary of
uPoN
and city of New york Department of rransportation Parking
Housing and urban Development
violations Bureau are not absent, in accordance with RPAPL $1321(2); and
dated July 24,2015, filed by Beth P. Schwartz, Esq', on
UPON the Notice of Appearance
behalf of United States ofAmerica; and
A Referee having been appointed to compute the amount due to Plaintiff upon the
and mortgage set forth in the Complaint and to examine whether the mortgaged
bond/note
property can be sold in Parcels; and
reading and filing the Report of Philip J. Smallman, Esq., dated August 10, 2018,
UpON
sum of due as of the date in said Report and that the mortgaged
showing the $386,876.83
property may not be sold in parcels; and
of due notice of this motion upon all parties entitled to receive same' and
UpON proof
upon all the prior proceedings and papers filed herein;
NOW, on motion by Marika Dagounis, Esq., attorney for the Plaintiff, it is hereby
ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further
ADJUDGED AND DECREED that the Referee's Report be, and the same is'
ORDERED,
hereby in all respects ratified and confirmed; and it is further
that the mortgaged property described in the
ORDERED, ADJUDGED AND DECREED,
described, or such part thereof as may be suffrcient to discharge the
Complaint and as hereafter
as provided by the RPAPL be
mortgage debt, the expenses of the sale, and the costs of this action
sold" within 90
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Esq.; who is hereby appointed Referee for that purpose; that said Referee give public
Smallman,
notice of the tt place of sale in accordance with RPAPL $231 in
L\""0 it is funher
that by accepting this appointment' the
ORDERED, ADJUDGED AND DECREED
that he is in compliance with Part 36 of the Rules of the chief Judge (22
Referee certifies
part 36), including, but not limited to g36.2 (c) ("Disqualifications from appointment")
NycRR
(d) (,'Limitations on appointments based upon compensation"); and, if the Referee is
and $36.2
receiving an appointment pursuant to the provisions of that Rule' the Referee
disqualified from
shall immediately notify the Appointing Judge; and it is further
ADJUDGED AND DECREED that the Referee is prohibited from accepting
ORDERED,
or paying funds to him/herself without compliance with
or retaining any funds for him/herself
part 36 of the Rules of the chiefAdministrative Judge; and it is further
ORDERED, ADJUDGED AND DECREED thAt thE REfETEE ShAII CONdUCI thE
its successors and/or assignees, or its representative is present at
foreclosure sale only ifplaintiff,
a written bid and rerms of sale from Plaintiff, its successors
the sale or the Referee has received
and./or assigns, or its representative; and it is further
ORD ADJU DAN D that if the
t, in CPLR xed by
in 90 ys of the f the i
the sale as blv
rs ex Referee
rther
ORDERED,ADJUDGEDANDDECREEDthatatthetime of sale the Referee shall
the Plaintiff or the Plaintiffs attomey, just as though Plaintiff were
accept a written bid from
physically present to submit said bid; and it is further
AND DECREED that the Referee shall accept the highest bid
ORDERED, ADJUDGED
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offered by a bidder who shall be identified upon the court record, and shall require that the
successful bidder immediately execute Terms of Sale for the purchase of the property and pay to
the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
successful bidder is Plaintiff in which case no deposit against the purchase price shall be
required; and it is further
ORDERED, ADJUDGED AND DECREED that, in the event the first successful bidder
fails to execute the Terms of Sale immediately following the bidding upon the subject property
or fails to immediately pay the ten percent (10%) deposit as required, the property shall
immediately and on the same day be reoffered at auction; and it is further
ORDERED, ADJUDGED AND DECREED the Refelee, shalllhen deposit.the do*tr
payment and proceeds of sale, as necessary, in [',//rn #ory
hislher own name as Referee, in accordance with CPLR 2609; and it is fuither
ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee
shall execute a deed to the purchaser, in accordance with RPAPL $1353 and the terms of sale,
which shall be deemed a binding contract; and it is further
ORDERED, ADJUDGED AND DECREED that, in the event a party other than the
Plaintiffbecomes the purchaser at the sale, the closing of title shall be held no later than 30 days
after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further
ORDERED, ADJUDGED AND DECREED that, if Plaintiff(or its affiliate,as defined in
paragraph (a) of subdivision 1 of section six-l of the Banking Law) is the purchaser, such party
shall place the property back on the market for sale or other occupancy: (a) within 180 days of
the execution of the deed of sale, or (b) within 90 days of completion of construction, renovation,
or rehabilitation of the property, provided that such construction, renovation, or rehabilitation
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proceeded diligently to completion, whichever comes first, provided however, that a court of
competent jurisdiction may grant an extension for good cause; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds
of such sale, shall forthwith pay therefrom, in accordance with their priority according to law all
taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property
at the time of sale, with such interest or penalties which may have lawfully accrued thereon to
the date of payment; and it is further
ORDERED, ADJUDGED AND DECREED, Referee deposit the
said proceeds of sale in herlhis own name as Referee in {trq
and shall thereafter make the following payments in accordance with RPAPL $1354, as follows:
FIRST: The Referee's stglutory fees for conducting the sale, in accordance with
n(d
CPLR 8003(b), not to excee!#t#5-uiless the property sells for $50,000.00 or more or
in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in
the sum of $ for each adjoumment or cancellation, unless the
Referee caused the delav:
SECOND: All taxes, assessments, and water rates that are liens upon the property
and monies necessary to redeem the property from any sales for unpaid taxes,
assessments, or water rates that have not become absolute, and any other amounts due in
accordance with RPAPL $1354(2). Purchaser shall be responsible for interest and
penalties due on any real property taxes accruing after the sale. The Referee shall not be
responsible for the payment of penalties or fees pursuant to this appointment. The
Purchaser shall hold the Referee harmless from any such penalties or fees assessed;
THIRD: The expenses of the sale and the advertising expenses as shown on the
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bills presented and certified by said Referee to be correct, duplicate copies of which shall
be annexed to the report ofsale;
FoURTH: The Referee shall then pay to the Plaintiffor its attorney the following:
Amount Due per Referee's Report: $386,876.g3 as of June 20, 2017, with
interest at the Note rate until May 3l,2}ll,together with any advances as provided for in the
note and mortgage which Plaintiffhas made for taxes, insurance, principal, and interest, and any
other charges due to prior mortgages or to maintain the property pending consummation of this
foreclosure sale, not previously included in the computation, upon presentation of receipts for
said expenditures to the Referee, all together with interest thereon pursuant to the note and
mortgage, and then with interest from the date of entry of this judgment at the statutory rate until
the date the deed is transferred.
Costs and Disbursements: $1,264.94 adjudged to the plaintiff for costs and
disbursements in this action, with interest at the statutory judgment rate from the date of entrv of
this judgment;
Additionar Allowance: $300.00 is hereby awarded to Plaintiff in addition to
costs, with interest at the statutory judgment rate from the of
date entry of this judgment,
pursuant to CPLR Article 83:
Attorney Fees: $720.00 is hereby awarded to Plaintiff as reasonable legal fees
herein, with interest at the statutory rate from the date of entry of this judgment;
FIFTH: surplus monies arising from the sale shall be paid into court by the offrcer
conducting the sale within five days after receipt in accordance with RpApL $1354(4) and in
accordance with local county rules regarding Surplus Monies; and it is further
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ORDERED, ADJUDGED AND DECREED that if the Plaintiffis the purchaser of the
property, or in the event that the rights of the purchasers at such sale and the terms of sale under
this judgment shall be assigned to and be plaintifl
acquired by the and. a valid assignment
thereof is filed with said Referee, said Referee shall not require plaintiffto pay in cash the entire
amount bid at said sale, but shall execute and deliver to the Plaintiff or its assignee, a deed or
deeds of the property sold upon the payment to said Referee of the amounts specified in items
marked "First", "Second", and "Third" above; that the Referee shall allow the plaintiffto pay the
amounts specified in "Second" and "Third" above when it is recording the deed; that the
balance
of the bid, after deducting the amounts paid by the Plaintifl shall be applied to the amount due
Plaintiff as specified in paragraph "Fourth" above; that plaintiff shall pay any surplus after
applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph
"Fifth" above; and it is further
ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee,s
deed, including real property transfer tax, which is not a lien upon the property at the time of
sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer
tax shall be paid in accordance with Tax Law $1404; and it is further
ORDERED, ADJUDGED AND DECREED that if the sale proceeds disrributed in
accordance with paragraphs "First," "Second, "Third", and "Fourth" above are insuffrcient to pay
Plaintiff the Amount Due per the Referee's Report as set forth ,,Fourth,,
in paragraph above,
Plaintiff may seek to recover a deficiency judgment against Brian Licata in accordance with
RPAPL gl37t if permitted by law; and it is further
ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in
one parcel in "as is" physical order and condition, subject to any condition that an inspection of
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the property would disclose; any facts that an accurate suryey of the property would show; any
covenants, restrictions, declarations, reservations, easements, right of way, and public utility
agreements of record, if any; any building and zoning ordinances of the municipality in which
the mortgaged property is located and possible violations of same; any rights of tenants or
persons in possession of the subject property; prior liens of record, if any, except those liens
addressed in RPAPL $1354; any equity of redemption of the United states ofAmerica to redeem
the property within 120 days from the date of sale; and any rights pursuant to cpLR 317,2003,
and 5015, or any appeal of the underlying action or additional litigation brought by any
defendant or its successor or assignee contesting the validity of this foreclosure; and it is fuither
ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of
the property upon production in hand of the Referee's Deed or upon personal service of the
Referee's deed in accordance with cpLR 30g; and it is further
ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all
persons claiming through them and any person obtaining an interest in the property after the
filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and
interest in the property after the sale of the mortgaged property; and it is further
ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale
and executing the proper conveyance to the purchaser, unless the time is extended by the court,
the officer making the sale shall file with the clerk a report under oath of the disposition of the
proceeds of the sale in accordance with RPAPL $1355(1) and follow all local County rules
regarding handling of Surplus Monies; and it is further
ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said
sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale
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without prior application to the court unless Plaintiffs attorneys shall elect to make such
application; and it is further
ORDERED' ADJUDGED AND DECREED that Plaintiff shall serve a copy of this
Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named
in this action, and any other parties or persons entitled to service, including the Referee
appointed herein; and it is fuither
ORDERED' ADJUDGED AND DECREED that nothing herein shalt be deemed to
relieve Plaintiff of any obligation imposed by RPApL g1307 and RpApL $130g to secure and
maintain the property until such time as ownership of the property has been transferred and the
deed duly recorded; and it is further
ORDERED' ADJUDGED AND DECREED that, when the Referee files a report of sale,
he or she shall concurrently filea Foreclosure Actions surplus Monies Form; and it is further
ORDERED' ADJUDGED AND DECREED that to ensure compliance herewith, plaintiff
shall file a written report with the court within six months from the date of entry of this judgment
stating whether the sale has occurred and the outcome thereof.
Said property is commonly known as22YonBraunAvenueo Staten Island, Ny 10312.
The legal description of the mortgaged property referred to herein is annexed hereto as Schedule
A.
9RDERED' thrt the Referec shdl sctl tho prcmises within !f datc of ,il
lnt in acclrdancc with thc foltowing timetable: '-'
davs -' tho
- of -"-ENTEru,,il
(a) Plrinti e copy of the signed Judgmcnt of Forectosurt and Sale with
rf Entry on (14) days of the .S.C.
rnt;
(b) the Flsferee shall sche'rltilo thc r'.iction/saleef the premises by crnt.ctin,
nd county $upi.:;.] ' :",',iii
|ry i:irnl!l *t s.lichrnonc!gl,Arictions@nycourts.!ov within
the Eon Desmond A. Green
ys of the date of i'i':tic*oi fli:1 y illrr", Court rr.,iil nut ente.lrtain
ten . J.S.C.
cheduling requesls); and it is rurther
telephrned, mailed, lr
oRDERED, that the language containcd in this stamp supcrsedes any inconsistent 9926-1590
tns containel in this Order.
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SCHEDULE A
LEGAL DESCRIPTION
All fhat certain plot, piece or parcel of land, situate, lying and being in the Borough of Staten Island,
county of Richmqnd, City and State ofNew York, bounded and described as follows:
BEGINNING at apoint on the southerly side of Von Braun Avemre, as adopted distanr 2S?.?o feet
from the point formed by the intersection of the southerly side ofvon Braun Avenue with the easterly
side of Woehrle Avenue as adopted by the City of New yorlq
RUNNING TIIENCE south 9 degrees 36 minutes 47 seconds east and part of the distance through
a
party wall 100 feet to a point;
RUNNING TIIENCE rrorttr 80 degrees 23 minutps I3 seconds east 31,39 feet to apoint;
RUNNING THENCE north g degrees 36 minutes 47 seconds wesf d.eed (N l0 degrees 25 minutes 14
secorrds W' USS) 100.01 feet to the southerly side of Von Braun Avenue as adopted;
RUNNiNG THENCE westerly along the southerly sid.e of Von Braun Avenue as adopted sout& g0
degrees 23 minutes 13 seconds west 29.98 feet to the point or place of BEGINNING.
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SUPREME COURT OF THE STATE OF NEW YORK
COLINTY OF RICHMOND
JPMorgan Chase Bank, National Association, COSTS OF PLAINTIFF
Plaintiff,
INDEX NO.: 1356 53t20ls
vs.
MORTGAGED PROPERTY
22Yon BraunAvenue
Brian Licata;Amy Licata; of
Secretarv Staten Island, New york 10312
Housing and Urban Development; bity of New
York Department of Transportation parking Block: 5676 Lot:82
Molations Bureau,
Defendants.
COSTS
Costs before Note of Issue
- CpLR g20l(l) .......$200.00
Allowance by Statute - CPLR S302(a)(b)
First $200.00 @ r0%.......... .........$20.00
Next $800.00 @ s%............ .........$40.00
Next $2,000.00 @2%............ ......$40.00
Next $5,000.00 @ t%............ ......$50.00. $150.00
Additional Allowance
_gplR 8302(d)..... ..........$50.00
Discretionary Costs on Motion - CPLR g303(a)(1). ................ ..............$0.00
FEES AND DISBURSEMENTS
Fee for index number
- CPLR S01g(a)..... ...........$0.00
Referee's fee to compute, per order of the court g003(a)
- cpLR - cpLR .............$250.00
Paid for searches
- CPLR S30l(a)(10)................ $4g9.94
Serving copies of Summons & Complaint _ CPLR g0l1(c)(t) & S30l(d)...............$0.00
Reproduction Costs - CPLR 330l(a)(12)................ ..............S0.00
Fees for publication of Summons - CpLR S301(a)(3) ..........$0.00
Certified copies of papers - CPLR g30t(a)(a) ....$0.00
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Requests forjudicial intervention.........
.....$0.00
Clerks fee for filing Lis pendensA.{otice _ CPLR g0lg(e), S02t(12)... ...$35.00
Skip trace fees ........
.....$0.00
Motion Fees ..........
.....$e0.00
Note of Issue ..........
,....$0.00
Total: $1.264.94
The undersigned, Marika Dagounis, Esq., pursuant to cpLR 2106 andunder penalties of
perjury affirms as follows:
That she is the attorney of record for the Plaintiff
in the above-captioned action, that the
foregoing disbursements have been incurred in this action and are reasonable in amount, and that
the copies of documents or papers charged for herein were actually and necessarily obtained.
o**ffi New York, New york
McCalla Raymer Leibert pierce" LLC
Attorneysfor Plaintffi
JPMorgan Chase Bank, National
Association
420 Lexinglon Avenue, Suite g40
NewYork, Newyork 10170
Phone: 347-286-7409
Fax: 347-286-7414
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Preview
INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 At IAS Part C.Fp of the Supreme Court held in the County of Richmond, at the 6r IIon Desmond A. Green Richmond Courthouse thereof, on the )t day of 5.,lo , 20 tl - J.S.C. . PRESENT: JUSTICE OF THE SUPREME COUKT JPMorgan Chase Bank, National Association, INDEX NO.: 13565312015 Plaintiff, ORDER CONFIRMING REFEREE REPORT AND JUDGMENT OF vs. FORECLOSURE AND SALE Brian Licata;Amy Licata; Secretary of MORTGAGED PROPERTY Housing and Urban Development; City of New 22Yon BraunAvenue York Department of Transportation Parking Staten Island, New York 10312 Violations Bureau, +co3 Block: 5676 Lot 82 Defendants. UPON the Summons, Complaint, and Notice of Pendency filed in this action on July 9, 2015, the Notice of Motion dated Decembe{,2018, the Affirmation by Marika Dagounis, Esq., the Affrdavit of Merit and Amount Due by Tishea E. Inman who is Vice President of JPMorgan Chase Bank, N.A., Plaintifl duly sworn to on June 22, 2017, together with the exhibits annexed thereto, all in support of Plaintiffs motion for an Order Confirming Referee Report and Judgment of Foreclosure and Sale; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action, and has voluntarily appeared either personally or by an attorney or has not served any answer to the Complaint or otherwise appeared, nor had their time to do so extended; and it appearing that more than the legally required number of days has elapsed since defendants Brian Licata, Amy Licata, Secretary of Housing and Urban Development and City of New York Department of Transportation Parking Violations Bureau, were so served and/or appeared; and Plaintiff having established to the court's satisfaction that a judgment against 9926-1590 1 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 defendants is warranted; and upoN the affidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and proof that non-appearing defendants Brian Licata, Amy Licata, Secretary of uPoN and city of New york Department of rransportation Parking Housing and urban Development violations Bureau are not absent, in accordance with RPAPL $1321(2); and dated July 24,2015, filed by Beth P. Schwartz, Esq', on UPON the Notice of Appearance behalf of United States ofAmerica; and A Referee having been appointed to compute the amount due to Plaintiff upon the and mortgage set forth in the Complaint and to examine whether the mortgaged bond/note property can be sold in Parcels; and reading and filing the Report of Philip J. Smallman, Esq., dated August 10, 2018, UpON sum of due as of the date in said Report and that the mortgaged showing the $386,876.83 property may not be sold in parcels; and of due notice of this motion upon all parties entitled to receive same' and UpON proof upon all the prior proceedings and papers filed herein; NOW, on motion by Marika Dagounis, Esq., attorney for the Plaintiff, it is hereby ORDERED, ADJUDGED AND DECREED that the motion is granted; and it is further ADJUDGED AND DECREED that the Referee's Report be, and the same is' ORDERED, hereby in all respects ratified and confirmed; and it is further that the mortgaged property described in the ORDERED, ADJUDGED AND DECREED, described, or such part thereof as may be suffrcient to discharge the Complaint and as hereafter as provided by the RPAPL be mortgage debt, the expenses of the sale, and the costs of this action sold" within 90 9926-1590 2 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 Esq.; who is hereby appointed Referee for that purpose; that said Referee give public Smallman, notice of the tt place of sale in accordance with RPAPL $231 in L\""0 it is funher that by accepting this appointment' the ORDERED, ADJUDGED AND DECREED that he is in compliance with Part 36 of the Rules of the chief Judge (22 Referee certifies part 36), including, but not limited to g36.2 (c) ("Disqualifications from appointment") NycRR (d) (,'Limitations on appointments based upon compensation"); and, if the Referee is and $36.2 receiving an appointment pursuant to the provisions of that Rule' the Referee disqualified from shall immediately notify the Appointing Judge; and it is further ADJUDGED AND DECREED that the Referee is prohibited from accepting ORDERED, or paying funds to him/herself without compliance with or retaining any funds for him/herself part 36 of the Rules of the chiefAdministrative Judge; and it is further ORDERED, ADJUDGED AND DECREED thAt thE REfETEE ShAII CONdUCI thE its successors and/or assignees, or its representative is present at foreclosure sale only ifplaintiff, a written bid and rerms of sale from Plaintiff, its successors the sale or the Referee has received and./or assigns, or its representative; and it is further ORD ADJU DAN D that if the t, in CPLR xed by in 90 ys of the f the i the sale as blv rs ex Referee rther ORDERED,ADJUDGEDANDDECREEDthatatthetime of sale the Referee shall the Plaintiff or the Plaintiffs attomey, just as though Plaintiff were accept a written bid from physically present to submit said bid; and it is further AND DECREED that the Referee shall accept the highest bid ORDERED, ADJUDGED 3 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property and pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is Plaintiff in which case no deposit against the purchase price shall be required; and it is further ORDERED, ADJUDGED AND DECREED that, in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject property or fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the same day be reoffered at auction; and it is further ORDERED, ADJUDGED AND DECREED the Refelee, shalllhen deposit.the do*tr payment and proceeds of sale, as necessary, in [',//rn #ory hislher own name as Referee, in accordance with CPLR 2609; and it is fuither ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall execute a deed to the purchaser, in accordance with RPAPL $1353 and the terms of sale, which shall be deemed a binding contract; and it is further ORDERED, ADJUDGED AND DECREED that, in the event a party other than the Plaintiffbecomes the purchaser at the sale, the closing of title shall be held no later than 30 days after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further ORDERED, ADJUDGED AND DECREED that, if Plaintiff(or its affiliate,as defined in paragraph (a) of subdivision 1 of section six-l of the Banking Law) is the purchaser, such party shall place the property back on the market for sale or other occupancy: (a) within 180 days of the execution of the deed of sale, or (b) within 90 days of completion of construction, renovation, or rehabilitation of the property, provided that such construction, renovation, or rehabilitation 9926-t590 4 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 proceeded diligently to completion, whichever comes first, provided however, that a court of competent jurisdiction may grant an extension for good cause; and it is further ORDERED, ADJUDGED AND DECREED that the Referee, on receiving the proceeds of such sale, shall forthwith pay therefrom, in accordance with their priority according to law all taxes, assessments, sewer rents, or water rates, which are, or may become, liens on the property at the time of sale, with such interest or penalties which may have lawfully accrued thereon to the date of payment; and it is further ORDERED, ADJUDGED AND DECREED, Referee deposit the said proceeds of sale in herlhis own name as Referee in {trq and shall thereafter make the following payments in accordance with RPAPL $1354, as follows: FIRST: The Referee's stglutory fees for conducting the sale, in accordance with n(d CPLR 8003(b), not to excee!#t#5-uiless the property sells for $50,000.00 or more or in the event a sale was cancelled or postponed, Plaintiff shall compensate the Referee in the sum of $ for each adjoumment or cancellation, unless the Referee caused the delav: SECOND: All taxes, assessments, and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not become absolute, and any other amounts due in accordance with RPAPL $1354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after the sale. The Referee shall not be responsible for the payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed; THIRD: The expenses of the sale and the advertising expenses as shown on the 9926-rs90 5 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report ofsale; FoURTH: The Referee shall then pay to the Plaintiffor its attorney the following: Amount Due per Referee's Report: $386,876.g3 as of June 20, 2017, with interest at the Note rate until May 3l,2}ll,together with any advances as provided for in the note and mortgage which Plaintiffhas made for taxes, insurance, principal, and interest, and any other charges due to prior mortgages or to maintain the property pending consummation of this foreclosure sale, not previously included in the computation, upon presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant to the note and mortgage, and then with interest from the date of entry of this judgment at the statutory rate until the date the deed is transferred. Costs and Disbursements: $1,264.94 adjudged to the plaintiff for costs and disbursements in this action, with interest at the statutory judgment rate from the date of entrv of this judgment; Additionar Allowance: $300.00 is hereby awarded to Plaintiff in addition to costs, with interest at the statutory judgment rate from the of date entry of this judgment, pursuant to CPLR Article 83: Attorney Fees: $720.00 is hereby awarded to Plaintiff as reasonable legal fees herein, with interest at the statutory rate from the date of entry of this judgment; FIFTH: surplus monies arising from the sale shall be paid into court by the offrcer conducting the sale within five days after receipt in accordance with RpApL $1354(4) and in accordance with local county rules regarding Surplus Monies; and it is further 6 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 ORDERED, ADJUDGED AND DECREED that if the Plaintiffis the purchaser of the property, or in the event that the rights of the purchasers at such sale and the terms of sale under this judgment shall be assigned to and be plaintifl acquired by the and. a valid assignment thereof is filed with said Referee, said Referee shall not require plaintiffto pay in cash the entire amount bid at said sale, but shall execute and deliver to the Plaintiff or its assignee, a deed or deeds of the property sold upon the payment to said Referee of the amounts specified in items marked "First", "Second", and "Third" above; that the Referee shall allow the plaintiffto pay the amounts specified in "Second" and "Third" above when it is recording the deed; that the balance of the bid, after deducting the amounts paid by the Plaintifl shall be applied to the amount due Plaintiff as specified in paragraph "Fourth" above; that plaintiff shall pay any surplus after applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph "Fifth" above; and it is further ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee,s deed, including real property transfer tax, which is not a lien upon the property at the time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer tax shall be paid in accordance with Tax Law $1404; and it is further ORDERED, ADJUDGED AND DECREED that if the sale proceeds disrributed in accordance with paragraphs "First," "Second, "Third", and "Fourth" above are insuffrcient to pay Plaintiff the Amount Due per the Referee's Report as set forth ,,Fourth,, in paragraph above, Plaintiff may seek to recover a deficiency judgment against Brian Licata in accordance with RPAPL gl37t if permitted by law; and it is further ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in one parcel in "as is" physical order and condition, subject to any condition that an inspection of 9926-t590 7 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 the property would disclose; any facts that an accurate suryey of the property would show; any covenants, restrictions, declarations, reservations, easements, right of way, and public utility agreements of record, if any; any building and zoning ordinances of the municipality in which the mortgaged property is located and possible violations of same; any rights of tenants or persons in possession of the subject property; prior liens of record, if any, except those liens addressed in RPAPL $1354; any equity of redemption of the United states ofAmerica to redeem the property within 120 days from the date of sale; and any rights pursuant to cpLR 317,2003, and 5015, or any appeal of the underlying action or additional litigation brought by any defendant or its successor or assignee contesting the validity of this foreclosure; and it is fuither ORDERED, ADJUDGED AND DECREED that the purchaser be let into possession of the property upon production in hand of the Referee's Deed or upon personal service of the Referee's deed in accordance with cpLR 30g; and it is further ORDERED, ADJUDGED AND DECREED that the Defendants in this action and all persons claiming through them and any person obtaining an interest in the property after the filing of the Notice of Pendency are barred and foreclosed of all right, claim, lien, title, and interest in the property after the sale of the mortgaged property; and it is further ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer making the sale shall file with the clerk a report under oath of the disposition of the proceeds of the sale in accordance with RPAPL $1355(1) and follow all local County rules regarding handling of Surplus Monies; and it is further ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale 9926-t590 8 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 without prior application to the court unless Plaintiffs attorneys shall elect to make such application; and it is further ORDERED' ADJUDGED AND DECREED that Plaintiff shall serve a copy of this Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in this action, and any other parties or persons entitled to service, including the Referee appointed herein; and it is fuither ORDERED' ADJUDGED AND DECREED that nothing herein shalt be deemed to relieve Plaintiff of any obligation imposed by RPApL g1307 and RpApL $130g to secure and maintain the property until such time as ownership of the property has been transferred and the deed duly recorded; and it is further ORDERED' ADJUDGED AND DECREED that, when the Referee files a report of sale, he or she shall concurrently filea Foreclosure Actions surplus Monies Form; and it is further ORDERED' ADJUDGED AND DECREED that to ensure compliance herewith, plaintiff shall file a written report with the court within six months from the date of entry of this judgment stating whether the sale has occurred and the outcome thereof. Said property is commonly known as22YonBraunAvenueo Staten Island, Ny 10312. The legal description of the mortgaged property referred to herein is annexed hereto as Schedule A. 9RDERED' thrt the Referec shdl sctl tho prcmises within !f datc of ,il lnt in acclrdancc with thc foltowing timetable: '-' davs -' tho - of -"-ENTEru,,il (a) Plrinti e copy of the signed Judgmcnt of Forectosurt and Sale with rf Entry on (14) days of the .S.C. rnt; (b) the Flsferee shall sche'rltilo thc r'.iction/saleef the premises by crnt.ctin, nd county $upi.:;.] ' :",',iii |ry i:irnl!l *t s.lichrnonc!gl,Arictions@nycourts.!ov within the Eon Desmond A. Green ys of the date of i'i':tic*oi fli:1 y illrr", Court rr.,iil nut ente.lrtain ten . J.S.C. cheduling requesls); and it is rurther telephrned, mailed, lr oRDERED, that the language containcd in this stamp supcrsedes any inconsistent 9926-1590 tns containel in this Order. 9 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 SCHEDULE A LEGAL DESCRIPTION All fhat certain plot, piece or parcel of land, situate, lying and being in the Borough of Staten Island, county of Richmqnd, City and State ofNew York, bounded and described as follows: BEGINNING at apoint on the southerly side of Von Braun Avemre, as adopted distanr 2S?.?o feet from the point formed by the intersection of the southerly side ofvon Braun Avenue with the easterly side of Woehrle Avenue as adopted by the City of New yorlq RUNNING TIIENCE south 9 degrees 36 minutes 47 seconds east and part of the distance through a party wall 100 feet to a point; RUNNING TIIENCE rrorttr 80 degrees 23 minutps I3 seconds east 31,39 feet to apoint; RUNNING THENCE north g degrees 36 minutes 47 seconds wesf d.eed (N l0 degrees 25 minutes 14 secorrds W' USS) 100.01 feet to the southerly side of Von Braun Avenue as adopted; RUNNiNG THENCE westerly along the southerly sid.e of Von Braun Avenue as adopted sout& g0 degrees 23 minutes 13 seconds west 29.98 feet to the point or place of BEGINNING. 10 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF RICHMOND JPMorgan Chase Bank, National Association, COSTS OF PLAINTIFF Plaintiff, INDEX NO.: 1356 53t20ls vs. MORTGAGED PROPERTY 22Yon BraunAvenue Brian Licata;Amy Licata; of Secretarv Staten Island, New york 10312 Housing and Urban Development; bity of New York Department of Transportation parking Block: 5676 Lot:82 Molations Bureau, Defendants. COSTS Costs before Note of Issue - CpLR g20l(l) .......$200.00 Allowance by Statute - CPLR S302(a)(b) First $200.00 @ r0%.......... .........$20.00 Next $800.00 @ s%............ .........$40.00 Next $2,000.00 @2%............ ......$40.00 Next $5,000.00 @ t%............ ......$50.00. $150.00 Additional Allowance _gplR 8302(d)..... ..........$50.00 Discretionary Costs on Motion - CPLR g303(a)(1). ................ ..............$0.00 FEES AND DISBURSEMENTS Fee for index number - CPLR S01g(a)..... ...........$0.00 Referee's fee to compute, per order of the court g003(a) - cpLR - cpLR .............$250.00 Paid for searches - CPLR S30l(a)(10)................ $4g9.94 Serving copies of Summons & Complaint _ CPLR g0l1(c)(t) & S30l(d)...............$0.00 Reproduction Costs - CPLR 330l(a)(12)................ ..............S0.00 Fees for publication of Summons - CpLR S301(a)(3) ..........$0.00 Certified copies of papers - CPLR g30t(a)(a) ....$0.00 11 of 12 INDEX NO. 135653/2015 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/26/2019 Requests forjudicial intervention......... .....$0.00 Clerks fee for filing Lis pendensA.{otice _ CPLR g0lg(e), S02t(12)... ...$35.00 Skip trace fees ........ .....$0.00 Motion Fees .......... .....$e0.00 Note of Issue .......... ,....$0.00 Total: $1.264.94 The undersigned, Marika Dagounis, Esq., pursuant to cpLR 2106 andunder penalties of perjury affirms as follows: That she is the attorney of record for the Plaintiff in the above-captioned action, that the foregoing disbursements have been incurred in this action and are reasonable in amount, and that the copies of documents or papers charged for herein were actually and necessarily obtained. o**ffi New York, New york McCalla Raymer Leibert pierce" LLC Attorneysfor Plaintffi JPMorgan Chase Bank, National Association 420 Lexinglon Avenue, Suite g40 NewYork, Newyork 10170 Phone: 347-286-7409 Fax: 347-286-7414 12 of 12