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At an IAS Term, Part __, of the Supreme
Court of the State of New York, held in
and for the County of Erie, at the
Courthouse located at 25 Delaware
Avenue, Buffalo, NY 14202 on the
day of ses
PRESENT:
Hon. 0
Justice
a aa ao x
WELLS FARGO BANK, N.A. Index No. 804922/2013
Plaintiff,
-against- ORDER APPOINTING
REFEREE TO COMPUTE
SIMON M. GIANCOLA; AMERICAN EXPRESS Property Address:
CENTURION BANK; UNITED STATES OF AMERICA 13 ASHWORTH CT
INTERNAL REVENUE SERVICE;; "JOHN DOES" and AMHERST, NY 14228-3717
"JANE DOES", said names being fictitious, parties intended
being possible tenants or occupants of premises, and
corporations, other entities or persons who claim, or may
claim, a lien against the premises,
Defendant(s),
wonennneenerc nnn x
Upon reading and filing of the Affirmation of Hered dt, Larsen Esq., of
Rosicki, Rosicki & Associates, P.C., dated MM. ato 2S, ood ; the affidavit of
Melvin Boothe, sworn to on March 18, 2014, with exhibits annexed including a copy of the
Summons and Complaint, and Notice of Pendency, filed in the Office of the Clerk of the County
of Erie, on December 31, 2013; and on the affidavits of service thereon upon several defendants
herein, all duly filed; and it appearing to the satisfaction of this Court from the aforesaid
documents that this action was brought to foreclose a mortgage on real property situate in the
County in which this Court is located that the entire unpaid balance secured thereby is due and
owing; and that the Summons and Complaint was duly served upon al] defendants and that the
time prescribed by law to answer has expired, the same not being extended, and that all of the
defendants herein have defaulted in pleading, or have appeared and waived notice of thisapplication; and no answer or notice of motion raising an objection to the Complaint herein has
been served, and it appearing that none of the defendants herein is an infant, incompetent or
absentee; and that a notice of pendency of this action was filed within 20 days prior hereto, and
that since the filing of said notice, the Summons and Complaint herein have not been amended
by adding new parties to the action, or so as to affect premises not described in said notice, or so
as to extend the claim of the Plaintiff against the mortgage premises, and on all the pleadings and
papers heretofore filed herein, and the proceedings heretofore had herein; and no one appearing
in opposition hereto, and after due deliberation,
NOW, on motion of ROSICKI, ROSICKI & ASSOCIATES, P.C., attorney for Plaintiff, it is
ORDERED, that the motion is hereby granted; and it is further
ORDERED, that Plaintiff be awarded default judgment against all defendants and it is
further,
ORDERED, that this action be and the same is hereby referred to
>» Esq. Having an _ office at
to ascertain and
compute the amount due to Plaintiff, herein, for principal, interest, water and sewer rentals,
insurance premiums, taxes, if any, and any other charged, except attorney's fees, and to examine
and report whether the mortgaged premises should be sold in one parcel, and that the referee
make his report to this Court with all convenient speed; and it is further,
ORDERED, that the court has complied with the requirements of CPLR §3408; plaintiff
may proceed with the action herein; and it is further
ORDERED, that the caption be amended by substituting STEVEN NEBBIA in place of
the defendant(s) JOHN DOES' and 'JANE DOES,’ and by striking therefrom the names of theremaining ‘JOHN DOES' and JANE DOES,’ such names being fictitious; and all papers and
proceedings heretofore filed herein shall be deemed amended accordingly; and it is further
ORDERED, that the caption as amended shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
WELLS FARGO BANK, N.A. Index No. 804922/2013
Plaintiff,
-against-
SIMON M. GIANCOLA; AMERICAN EXPRESS
CENTURION BANK; UNITED STATES OF AMERICA
INTERNAL REVENUE SERVICE;; STEVEN NEBBIA
Defendant(s),
nonene “x
and it is further
ORDERED 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 on the filing of the Referee's Report and Oath, and the confirmation
thereof, without further notice, Plaintiff have final judgment of foreclosure and sale.
ENTER
TSC.Index No.: 804922/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
WELLS FARGO BANK, N.A.,
Plaintiff,
-against-
SIMON M. GIANCOLA, et al.,
Defendants.
ORDER APPOINTING REFEREE TO COMPUTE
ROSICKI, ROSICKI & ASSOCIATES, P.C.
BY:
1 st EK,
Attorneys for Plaintiff
26 Harvester Avenue
Batavia, NY 14020
585.815.0288
585.815.0299
RR&ANo.: 13-014495
Preview
At an IAS Term, Part __, of the Supreme Court of the State of New York, held in and for the County of Erie, at the Courthouse located at 25 Delaware Avenue, Buffalo, NY 14202 on the day of ses PRESENT: Hon. 0 Justice a aa ao x WELLS FARGO BANK, N.A. Index No. 804922/2013 Plaintiff, -against- ORDER APPOINTING REFEREE TO COMPUTE SIMON M. GIANCOLA; AMERICAN EXPRESS Property Address: CENTURION BANK; UNITED STATES OF AMERICA 13 ASHWORTH CT INTERNAL REVENUE SERVICE;; "JOHN DOES" and AMHERST, NY 14228-3717 "JANE DOES", said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendant(s), wonennneenerc nnn x Upon reading and filing of the Affirmation of Hered dt, Larsen Esq., of Rosicki, Rosicki & Associates, P.C., dated MM. ato 2S, ood ; the affidavit of Melvin Boothe, sworn to on March 18, 2014, with exhibits annexed including a copy of the Summons and Complaint, and Notice of Pendency, filed in the Office of the Clerk of the County of Erie, on December 31, 2013; and on the affidavits of service thereon upon several defendants herein, all duly filed; and it appearing to the satisfaction of this Court from the aforesaid documents that this action was brought to foreclose a mortgage on real property situate in the County in which this Court is located that the entire unpaid balance secured thereby is due and owing; and that the Summons and Complaint was duly served upon al] defendants and that the time prescribed by law to answer has expired, the same not being extended, and that all of the defendants herein have defaulted in pleading, or have appeared and waived notice of thisapplication; and no answer or notice of motion raising an objection to the Complaint herein has been served, and it appearing that none of the defendants herein is an infant, incompetent or absentee; and that a notice of pendency of this action was filed within 20 days prior hereto, and that since the filing of said notice, the Summons and Complaint herein have not been amended by adding new parties to the action, or so as to affect premises not described in said notice, or so as to extend the claim of the Plaintiff against the mortgage premises, and on all the pleadings and papers heretofore filed herein, and the proceedings heretofore had herein; and no one appearing in opposition hereto, and after due deliberation, NOW, on motion of ROSICKI, ROSICKI & ASSOCIATES, P.C., attorney for Plaintiff, it is ORDERED, that the motion is hereby granted; and it is further ORDERED, that Plaintiff be awarded default judgment against all defendants and it is further, ORDERED, that this action be and the same is hereby referred to >» Esq. Having an _ office at to ascertain and compute the amount due to Plaintiff, herein, for principal, interest, water and sewer rentals, insurance premiums, taxes, if any, and any other charged, except attorney's fees, and to examine and report whether the mortgaged premises should be sold in one parcel, and that the referee make his report to this Court with all convenient speed; and it is further, ORDERED, that the court has complied with the requirements of CPLR §3408; plaintiff may proceed with the action herein; and it is further ORDERED, that the caption be amended by substituting STEVEN NEBBIA in place of the defendant(s) JOHN DOES' and 'JANE DOES,’ and by striking therefrom the names of theremaining ‘JOHN DOES' and JANE DOES,’ such names being fictitious; and all papers and proceedings heretofore filed herein shall be deemed amended accordingly; and it is further ORDERED, that the caption as amended shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE WELLS FARGO BANK, N.A. Index No. 804922/2013 Plaintiff, -against- SIMON M. GIANCOLA; AMERICAN EXPRESS CENTURION BANK; UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE;; STEVEN NEBBIA Defendant(s), nonene “x and it is further ORDERED 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 on the filing of the Referee's Report and Oath, and the confirmation thereof, without further notice, Plaintiff have final judgment of foreclosure and sale. ENTER TSC.Index No.: 804922/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE WELLS FARGO BANK, N.A., Plaintiff, -against- SIMON M. GIANCOLA, et al., Defendants. ORDER APPOINTING REFEREE TO COMPUTE ROSICKI, ROSICKI & ASSOCIATES, P.C. BY: 1 st EK, Attorneys for Plaintiff 26 Harvester Avenue Batavia, NY 14020 585.815.0288 585.815.0299 RR&ANo.: 13-014495