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At an Ex Parte Part of the Supreme Court of the
State of New York in and for the County of >
at the Courthouse, 1 South Main Street, New City,
New York, onthe — day of
Present: Hon. JIS.C.
xX
The Board of Managers of
The Gardens at Palisades Condominium, INDEX NO. 035877/2014
Plaintiff
-against- ORDER OF REFERENCE
Marvin Morgan, Thelma Morgan and "JOHN DOE #1"
through "JANE DOE #10", the last 10 names being fictitious
and unknown to the Plaintiff, the persons or parties intended
being the occupants, tenants, persons or entities, if any, having
or claiming an interest in or lien upon the premises described in
the verified complaint,
Defendants
X
UPON review of the notice of motion dated February 26, 2015,
the summons, verified complaint and notice of pendency of this action filed on
December 31, 2014, the affidavit of Seth Kobay, the Treasurer of the plaintiff, and upon the
affirmation of Anthony J. Occhipinti, Esq., counsel for the Plaintiff, from which it appears that
this action was brought to foreclose a lien for condominium common charges and special
assessments on real property (Unit) comprising part of The Gardens at Palisades Condominium
which Unit has a mailing address of 14 Charles Lane, Apt. 2d, Pomona, NY 10970 and is
identified on the Town of Haverstraw Tax Map as Section 25.19; Block 3; Lot 1./1716 , by
reason of certain defaults as alleged in the verified complaint, that the Defendants, Marvin
Morgan and Thelma Morgan, have been duly served with the summons and verified complaint ,
copies of affidavits of service being annexed to the motion as an exhibit, except the Defendants
"JOHN DOE #1" through "JANE DOE #10" who were not served copies of the summons andverified complaint and are not necessary parties to this action, and that the Defendants herein
have defaulted in pleading and no answer or motion directed to the sufficiency of the verified
complaint has been interposed by the Defendants though the time to do so has expired; and it
appearing that the Defendants are not infants, incompetents or absentees, or presently in the
service of the military, and that since the filing of the notice of pendency of this action on
December 31, 2014, the verified complaint has not been amended in any manner whatsoever;
and upon all the pleadings and papers heretofore filed herein, and the proceedings heretofore had
herein and no one appearing in opposition hereto;
NOW, on motion of Anthony J. Occhipinti, Esq., the attorney for the Plaintiff, it
is
ORDERED that the motion is granted, and it is further
ORDERED that this action be, and the same hereby is referred to
, having offices at , telephone number >
as Referee to ascertain and compute the amount due to the Plaintiff herein for common charges,
special assessments, interest and all other charges and disbursements advanced as provided for
in the By-Laws upon which this action was brought, including the cost of preserving or
protecting the Unit, and the amounts due such of the Defendants as are prior encumbrancers, if
any, and to examine and report whether the mortgaged premises should be sold in one or more
parcels, and the Referee shall not be required to notice or conduct a formal hearing but may
instead make the required determinations based upon affidavits and documentary evidence and
that the Referee make his report to this Court no later than 60 days after the date of this order
and, except for good cause shown, the Plaintiff shall move for final judgment of foreclosure and
sale no later than 60 days after the date of the Referee's report; and it is further
ORDERED that upon submission of the Referee's report the Plaintiff shall pay
$ to the Referee as compensation for the services of the Referee, which sum may be
recouped as a cost of litigation; and it is furtherORDERED 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 it is further
ORDERED that by accepting this appointment the Referee certifies that the
Referee is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36)
including without limitation Section 36.2(e)("Disqualifications from appointment") and Section
36.2(d)("Limitations on appointments based upon compensation"); and it is further
ORDERED that the Plaintiff have judgment for the relief demanded in the
verified complaint; and it is further
ORDERED that the caption of this action should be amended by striking
Defendants previously identified as "JOHN DOE" or "JANE DOE" all without prejudice to the
proceedings heretofore had herein; and it is further
ORDERED that the caption of this action , as amended , shall read as follows:
SUPREME COURT OF THE STATE OF
NEW YORK COUNTY OF ROCKLAND
X
The Board of Managers of
The Gardens at Palisades Condominium, INDEX NO. 035877/2014
Plaintiff
-against-
Marvin Morgan,and Thelma Morgan,
Defendants
Xx
; and it is furtherORDERED that a copy of this Order with Notice of Entry shall be served
upon the Referee within 20 days of entry.
Dated:
ENTER,
JSC.
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At an Ex Parte Part of the Supreme Court of the State of New York in and for the County of > at the Courthouse, 1 South Main Street, New City, New York, onthe — day of Present: Hon. JIS.C. xX The Board of Managers of The Gardens at Palisades Condominium, INDEX NO. 035877/2014 Plaintiff -against- ORDER OF REFERENCE Marvin Morgan, Thelma Morgan and "JOHN DOE #1" through "JANE DOE #10", the last 10 names being fictitious and unknown to the Plaintiff, the persons or parties intended being the occupants, tenants, persons or entities, if any, having or claiming an interest in or lien upon the premises described in the verified complaint, Defendants X UPON review of the notice of motion dated February 26, 2015, the summons, verified complaint and notice of pendency of this action filed on December 31, 2014, the affidavit of Seth Kobay, the Treasurer of the plaintiff, and upon the affirmation of Anthony J. Occhipinti, Esq., counsel for the Plaintiff, from which it appears that this action was brought to foreclose a lien for condominium common charges and special assessments on real property (Unit) comprising part of The Gardens at Palisades Condominium which Unit has a mailing address of 14 Charles Lane, Apt. 2d, Pomona, NY 10970 and is identified on the Town of Haverstraw Tax Map as Section 25.19; Block 3; Lot 1./1716 , by reason of certain defaults as alleged in the verified complaint, that the Defendants, Marvin Morgan and Thelma Morgan, have been duly served with the summons and verified complaint , copies of affidavits of service being annexed to the motion as an exhibit, except the Defendants "JOHN DOE #1" through "JANE DOE #10" who were not served copies of the summons andverified complaint and are not necessary parties to this action, and that the Defendants herein have defaulted in pleading and no answer or motion directed to the sufficiency of the verified complaint has been interposed by the Defendants though the time to do so has expired; and it appearing that the Defendants are not infants, incompetents or absentees, or presently in the service of the military, and that since the filing of the notice of pendency of this action on December 31, 2014, the verified complaint has not been amended in any manner whatsoever; and upon all the pleadings and papers heretofore filed herein, and the proceedings heretofore had herein and no one appearing in opposition hereto; NOW, on motion of Anthony J. Occhipinti, Esq., the attorney for the Plaintiff, it is ORDERED that the motion is granted, and it is further ORDERED that this action be, and the same hereby is referred to , having offices at , telephone number > as Referee to ascertain and compute the amount due to the Plaintiff herein for common charges, special assessments, interest and all other charges and disbursements advanced as provided for in the By-Laws upon which this action was brought, including the cost of preserving or protecting the Unit, and the amounts due such of the Defendants as are prior encumbrancers, if any, and to examine and report whether the mortgaged premises should be sold in one or more parcels, and the Referee shall not be required to notice or conduct a formal hearing but may instead make the required determinations based upon affidavits and documentary evidence and that the Referee make his report to this Court no later than 60 days after the date of this order and, except for good cause shown, the Plaintiff shall move for final judgment of foreclosure and sale no later than 60 days after the date of the Referee's report; and it is further ORDERED that upon submission of the Referee's report the Plaintiff shall pay $ to the Referee as compensation for the services of the Referee, which sum may be recouped as a cost of litigation; and it is furtherORDERED 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 it is further ORDERED that by accepting this appointment the Referee certifies that the Referee is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including without limitation Section 36.2(e)("Disqualifications from appointment") and Section 36.2(d)("Limitations on appointments based upon compensation"); and it is further ORDERED that the Plaintiff have judgment for the relief demanded in the verified complaint; and it is further ORDERED that the caption of this action should be amended by striking Defendants previously identified as "JOHN DOE" or "JANE DOE" all without prejudice to the proceedings heretofore had herein; and it is further ORDERED that the caption of this action , as amended , shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND X The Board of Managers of The Gardens at Palisades Condominium, INDEX NO. 035877/2014 Plaintiff -against- Marvin Morgan,and Thelma Morgan, Defendants Xx ; and it is furtherORDERED that a copy of this Order with Notice of Entry shall be served upon the Referee within 20 days of entry. Dated: ENTER, JSC.