On February 27, 2015 a
Motion-Secondary
was filed
involving a dispute between
Midfirst Bank,
and
Asset Acceptance Llc,
Cavalry Spv I, Llc As Assignee Of Fia Card Services, N.A.,
David M. Czerwinski,
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 Persons Or Parties, If Any, Having Or Claiming An Interest In Or Lien Upon The Mortgaged Premises Described In The Complaint,
Katherine L. Czerwinski,
Secretary Of Housing And Urban Development,
for Foreclosure (residential mortgage)
in the District Court of Niagara County.
Preview
(FILED: NIAGARA COUNTY CLERK 0970772016 12:49 PM INDEX NO. E155246/2015
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/07/2016
At an IAS Part of the Supreme Court
of the State of New York held in and
for the County of Niagara, at the
Courthouse thereof, at Niagara
County Supreme Court, 775 3rd.
Street, Niagara Falls, NY 14302 on
the ___ day of. 2016.
PRESENT:
HONORABLE _ Mark A. Montour
mane Index No.: E155246/2015
MidFirst Bank,
Plaintiff, ORDER APPOINTING
SUBSTITUTE REFEREE
-against-
Katherine L. Czerwinski, David M. Czerwinski, Secretary
of Housing and Urban Development, Asset Acceptance LLC,
Cavalry SPV I, LLC as assignee of FIA Card Services, N.A.,
Defendants.
nan xX
UPON reading and filing the Summons, Complaint and Notice of Pendency filed in this
action on February 27, 2015 in the Niagara County Clerk's Office, the Judgment of Foreclosure
and Sale duly filed and entered in this action, the Order Appointing Substitute Referee duly filed
and entered in this action, and the affirmation of Penina Radinsky, Esq., dated August 18, 2016,
from which it appears that this is an action to foreclose a mortgage on property located at 45
Cramer Street, North Tonawanda, NY 14120 and that Julie Atti Rogers, Esq. is unable to serve in
her capacity as referee and the said motion having regularly come on to be heard on
, 2016 at Niagara County Supreme Court, 775 3rd Street, Niagara Falls, NY
14302 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 motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for
Filed in Niagara County Clerk's Office 9/7/2016 1 of 2 Index # E155246/2015
the plaintiff
ORDERED, that the Referee, Julie Atti Rogers, Esq., duly appointed herein pursuant to
the Order Appointing Substitute Referee dated July 20, 2016, be and is hereby relieved and
discharged of any and all obligations.
ORDERED, that with offices at
> phone number ( ) is hereby appointed substitute referee to
Sell; and it is further
ORDERED, that all other provisions, other than the appointing of a referee to sell,
contained in the Judgment of Foreclosure and Sale entered in the Niagara County Clerk's Office
on February 9, 2016, remain in full force and effect.
ENTER:
JS.C.
Our File No.: 01-054499-F02
2 of 2
Preview
(FILED: NIAGARA COUNTY CLERK 0970772016 12:49 PM INDEX NO. E155246/2015 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/07/2016 At an IAS Part of the Supreme Court of the State of New York held in and for the County of Niagara, at the Courthouse thereof, at Niagara County Supreme Court, 775 3rd. Street, Niagara Falls, NY 14302 on the ___ day of. 2016. PRESENT: HONORABLE _ Mark A. Montour mane Index No.: E155246/2015 MidFirst Bank, Plaintiff, ORDER APPOINTING SUBSTITUTE REFEREE -against- Katherine L. Czerwinski, David M. Czerwinski, Secretary of Housing and Urban Development, Asset Acceptance LLC, Cavalry SPV I, LLC as assignee of FIA Card Services, N.A., Defendants. nan xX UPON reading and filing the Summons, Complaint and Notice of Pendency filed in this action on February 27, 2015 in the Niagara County Clerk's Office, the Judgment of Foreclosure and Sale duly filed and entered in this action, the Order Appointing Substitute Referee duly filed and entered in this action, and the affirmation of Penina Radinsky, Esq., dated August 18, 2016, from which it appears that this is an action to foreclose a mortgage on property located at 45 Cramer Street, North Tonawanda, NY 14120 and that Julie Atti Rogers, Esq. is unable to serve in her capacity as referee and the said motion having regularly come on to be heard on , 2016 at Niagara County Supreme Court, 775 3rd Street, Niagara Falls, NY 14302 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 motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for Filed in Niagara County Clerk's Office 9/7/2016 1 of 2 Index # E155246/2015 the plaintiff ORDERED, that the Referee, Julie Atti Rogers, Esq., duly appointed herein pursuant to the Order Appointing Substitute Referee dated July 20, 2016, be and is hereby relieved and discharged of any and all obligations. ORDERED, that with offices at > phone number ( ) is hereby appointed substitute referee to Sell; and it is further ORDERED, that all other provisions, other than the appointing of a referee to sell, contained in the Judgment of Foreclosure and Sale entered in the Niagara County Clerk's Office on February 9, 2016, remain in full force and effect. ENTER: JS.C. Our File No.: 01-054499-F02 2 of 2