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At a Special Term of the Supreme Court,
held in and for the County of Suffolk at
the Suffolk County Courthouse,
Riverhead, New York on the day
of May 2018.
PRESENT: HON.
J.S.C.
STATE OF NEW YORK SUPREME COURT
COUNTY OF SUFFOLK
THE BANK OF NEW YORK MELLON F/K/A THE Index No.: 601095/2015
BANK OF NEW YORK SUCCESSOR TRUSTEE TO
JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR ORDER GRANTING
THE FIRST FRANKLIN MORTGAGE LOAN TRUST SUMMARY JUDGMENT
2004-FF10
Plaintiff, Foreclosure of:
17 Woodcrest Drive, East
-vs- NY 11940
Moriches,
HIROKO BOWMAN; (District 0200, Section 759,
ERIC BOWMAN; Block 03, Lot 023.000)
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE;
CHASE BANK USA, N.A.
EQUABLE ASCENT FINANCIAL, LLC
WORKERS'
COMPENSATION BOARD OF THE STATE
OF NEW YORK;
TEACHERS FEDERAL CREDIT UNION;
CITIBANK, N.A.;
TOYOTA MOTOR CREDIT CORPORATION;
DOE" DOE,"
and "JOHN and "MARY DOE
(Said names being fictitious, itbeing the intention of
Plaintiff to designate any and all occupants, tenants, persons
or corporations, if any, having or claiming an interest in or
lien upon the premises being foreclosed herein.)
Defendants.
Plaintiff having moved this Court for an Order pursuant to CPLR 8 3212, 3215 and RPAPL
§ 1321 directing the entry of the summary judgment in favor of Plaintiff and against Defendant
Hiroko Bowman, and for such further relief as this Court may deem just and proper; and
NOW, upon the Notice of Motion and Affirmation of Regularity of Richard Franco, Esq.,
of Davidson Fink LLP, attorneys for Plaintiff, dated April ~0 2018, and upon Plaintiff's
Affidavit in Support of Summary Judgment Motion by Cynthia Wallace as Second Assistant Vice
President Specialized Loan Servicing, LLC ("SLS"), mortgage loan servicer for THE BANK OF
NEW YORK MELLON F/K/A THE BANK OF NEW YORK SUCCESSOR TRUSTEE TO
JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE FIRST FRANKLIN MORTGAGE
LOAN TRUST 2004-FF10, Plaintiff herein, dated , together with the exhibits annexed thereto in
support thereof; and Defendant having not submitted any response to said Motion; and the Motion
having come to be heard on day of May 2018; and there being no appearance by Defendant,
and due deliberation having been had, itis
ORDERED, that the motion is GRANTED; and itis further
ORDERED, that default Judgment is GRANTED against all non-answering party
Defendants; and itis further
ORDERED, that the Answer of Defendants, Hiroko Bowman, be stricken and dismissed
and the appearance of such Defendant be limited to a Notice of Appearance and waiver of service
of all papers and of notices of all proceedings in said action except copy of Notice of Sale and
notice of proceedings to obtain surplus moneys; and itis further
"DOE"
ORDERED, that CHRIS BOWMAN and SHAUN having been served as 'John
Doe' Doe'
and 'Mary and having defaulted in answering herein, the said defendants are substituted
.
Doe' Doe'
for defendant 'John or 'Mary and the caption herein is amended accordingly; and it is
further
ORDERED, that the caption shall read as follows:
THE BANK OF NEW YORK MELLON F/K/A THE Index No.: 601095/2015
BANK OF NEW YORK SUCCESSOR TRUSTEE TO
JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR
THE FIRST FRANKLIN MORTGAGE LOAN TRUST
2004-FFl0
Plaintiff,
-vs-
HIROKO BOWMAN;
ERIC BOWMAN;
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE;
CHASE BANK USA, N.A.
EQUABLE ASCENT FINANCIAL, LLC
WORKERS'
COMPENSATION BOARD OF THE STATE
OF NEW YORK;
TEACHERS FEDERAL CREDIT UNION;
CITIBANK, N.A.; .
TOYOTA MOTOR CREDIT CORPORATION;
CHRIS BOWMAN;
SHAUN "DOE";
Defendants.
; and itis further
ORDERED, that this action be and the same hereby is referred to
, Esq, with an office at
Phone Number: Fax Number:
as Referee to ascertain and compute the amount due the plaintiff in this action for principal and
interest on the bond 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 mortgaged premises including, but not limited to, the costs of preserving or protecting
the mortgaged premises, and fees for other services and charges affecting the premises herein
described, during the pendency of this action and until the closing of title with purchaser at
foreclosure sale, and that any sums so paid by the plaintiff shall be added to the sum otherwise due
to the plaintiff, pursuant to the plaintiff s claim herein, and shall be deemed secured by said bond
and mortgage as therein provided and adjudged a valid lien on the premises herein described, with
interest thereon from the date of each such payment, and to examine and report whether the
mortgaged premises should be sold in one or more parcels; and itis further
ORDERED that, if required, the Referee take testimony pursuant to RPAPL §1321; and it
is further
ORDERED, that the Referee appointed herein is subject to the requirements of Rule 36.2(c)
of the Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to
the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith; and itis further
ORDERED, that by accepting this appointment the Referee certifies that he/she 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) ("Disqualifications from appointment") and section 36.2(d)
("
Limitations on appointments based upon compensation"); and itis further
ORDERED that Defendant, Hiroko Bowman, be provided a copy of the Court's Order
and the Referee's Notice of Sale in Foreclosure.
Dated:
Riverhead, New York
J.S.C.
ENTER: IN SUFFOLK COUNTY
Section: 759
Block: 03
Lot: 023.000
CERTIFICATION
To the best of my knowledge, information and belief, formed after a reasonable inquiry
under the circumstances, the presentation of this Order Granting Summary Judgment and or the
contentions therein are not frivolous as defined in subsection © of section 130-1.1 of the Rules
of the Chief Administrator (22 NYCRR).
DAVIDS Il4k LLP
Richard Franco, Esq.
Plaintiff'
Attorney for Plaintiff
28 East Main Street, Suite 1700
Rochester, New York 14616
Tel: (585) 760-8218
Preview
At a Special Term of the Supreme Court, held in and for the County of Suffolk at the Suffolk County Courthouse, Riverhead, New York on the day of May 2018. PRESENT: HON. J.S.C. STATE OF NEW YORK SUPREME COURT COUNTY OF SUFFOLK THE BANK OF NEW YORK MELLON F/K/A THE Index No.: 601095/2015 BANK OF NEW YORK SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR ORDER GRANTING THE FIRST FRANKLIN MORTGAGE LOAN TRUST SUMMARY JUDGMENT 2004-FF10 Plaintiff, Foreclosure of: 17 Woodcrest Drive, East -vs- NY 11940 Moriches, HIROKO BOWMAN; (District 0200, Section 759, ERIC BOWMAN; Block 03, Lot 023.000) NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; CHASE BANK USA, N.A. EQUABLE ASCENT FINANCIAL, LLC WORKERS' COMPENSATION BOARD OF THE STATE OF NEW YORK; TEACHERS FEDERAL CREDIT UNION; CITIBANK, N.A.; TOYOTA MOTOR CREDIT CORPORATION; DOE" DOE," and "JOHN and "MARY DOE (Said names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein.) Defendants. Plaintiff having moved this Court for an Order pursuant to CPLR 8 3212, 3215 and RPAPL § 1321 directing the entry of the summary judgment in favor of Plaintiff and against Defendant Hiroko Bowman, and for such further relief as this Court may deem just and proper; and NOW, upon the Notice of Motion and Affirmation of Regularity of Richard Franco, Esq., of Davidson Fink LLP, attorneys for Plaintiff, dated April ~0 2018, and upon Plaintiff's Affidavit in Support of Summary Judgment Motion by Cynthia Wallace as Second Assistant Vice President Specialized Loan Servicing, LLC ("SLS"), mortgage loan servicer for THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE FIRST FRANKLIN MORTGAGE LOAN TRUST 2004-FF10, Plaintiff herein, dated , together with the exhibits annexed thereto in support thereof; and Defendant having not submitted any response to said Motion; and the Motion having come to be heard on day of May 2018; and there being no appearance by Defendant, and due deliberation having been had, itis ORDERED, that the motion is GRANTED; and itis further ORDERED, that default Judgment is GRANTED against all non-answering party Defendants; and itis further ORDERED, that the Answer of Defendants, Hiroko Bowman, be stricken and dismissed and the appearance of such Defendant be limited to a Notice of Appearance and waiver of service of all papers and of notices of all proceedings in said action except copy of Notice of Sale and notice of proceedings to obtain surplus moneys; and itis further "DOE" ORDERED, that CHRIS BOWMAN and SHAUN having been served as 'John Doe' Doe' and 'Mary and having defaulted in answering herein, the said defendants are substituted . Doe' Doe' for defendant 'John or 'Mary and the caption herein is amended accordingly; and it is further ORDERED, that the caption shall read as follows: THE BANK OF NEW YORK MELLON F/K/A THE Index No.: 601095/2015 BANK OF NEW YORK SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE FIRST FRANKLIN MORTGAGE LOAN TRUST 2004-FFl0 Plaintiff, -vs- HIROKO BOWMAN; ERIC BOWMAN; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; CHASE BANK USA, N.A. EQUABLE ASCENT FINANCIAL, LLC WORKERS' COMPENSATION BOARD OF THE STATE OF NEW YORK; TEACHERS FEDERAL CREDIT UNION; CITIBANK, N.A.; . TOYOTA MOTOR CREDIT CORPORATION; CHRIS BOWMAN; SHAUN "DOE"; Defendants. ; and itis further ORDERED, that this action be and the same hereby is referred to , Esq, with an office at Phone Number: Fax Number: as Referee to ascertain and compute the amount due the plaintiff in this action for principal and interest on the bond 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 mortgaged premises including, but not limited to, the costs of preserving or protecting the mortgaged premises, and fees for other services and charges affecting the premises herein described, during the pendency of this action and until the closing of title with purchaser at foreclosure sale, and that any sums so paid by the plaintiff shall be added to the sum otherwise due to the plaintiff, pursuant to the plaintiff s claim herein, and shall be deemed secured by said bond and mortgage as therein provided and adjudged a valid lien on the premises herein described, with interest thereon from the date of each such payment, and to examine and report whether the mortgaged premises should be sold in one or more parcels; and itis further ORDERED that, if required, the Referee take testimony pursuant to RPAPL §1321; and it is further ORDERED, that the Referee appointed herein is subject to the requirements of Rule 36.2(c) of the Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith; and itis further ORDERED, that by accepting this appointment the Referee certifies that he/she 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) ("Disqualifications from appointment") and section 36.2(d) (" Limitations on appointments based upon compensation"); and itis further ORDERED that Defendant, Hiroko Bowman, be provided a copy of the Court's Order and the Referee's Notice of Sale in Foreclosure. Dated: Riverhead, New York J.S.C. ENTER: IN SUFFOLK COUNTY Section: 759 Block: 03 Lot: 023.000 CERTIFICATION To the best of my knowledge, information and belief, formed after a reasonable inquiry under the circumstances, the presentation of this Order Granting Summary Judgment and or the contentions therein are not frivolous as defined in subsection © of section 130-1.1 of the Rules of the Chief Administrator (22 NYCRR). DAVIDS Il4k LLP Richard Franco, Esq. Plaintiff' Attorney for Plaintiff 28 East Main Street, Suite 1700 Rochester, New York 14616 Tel: (585) 760-8218