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CHARLES G, STIENE
STEPHEN J, VaRcas ‘
CHRISTOPHER VIRGA z
E1veen M. RYAN . .
Rosert W. GRIswoLD Ss TIENE
won Associates B.C.
CHarLes W, Marino A ‘ATL
Patrick E, FEDUN ‘TRORNEYS AT LAW
‘Hituary L. MisHan . (631) 935-1616
Fax (631) 935-1223
WWW.STIENELAW.COBI
June 9, 2014
Sent via facsimile to: (212) 952-2757
ATTN: Honorable Paul Wooten
Re: JP Morgan Mortgage Acquisition Corp, v. Elliot
Supreme Court Index Number: 850228/13
Stiene & Associates, P.C. Matter Number: 201300355
Dear The Honorable Paul Wooten:
HUNTINGTON OFFICE
(MAatLina AND OVERNIGHT ADDRESS)
187 East Mam Street
Huntineron, New York 11743
NORTHPORT OFFICE
(No MAIL OR OVERNIGHT DELIVERIES)
167 Man STREET
NoRrHPORT, NY 11768
This Firm represents the Plaintiff in the above-referenced residential mortgage foreclosure
action. The signed Order dated May 15, 2014 permitting service by publication requires Plaintiff
to publish in the New York Law Journal and the Wall Street Journal. For your convenience, a
signed copy of this Order is attached, To date, my office has received a total price quote for
publication in the amount of $46,604.88. As a result of the substantially high price quote, my
office is concerned that the Defendant will be unable to consider reinstatement as an option.
Please consider this letter as a request for alternative publication newspapers, Attached is a blank
proposed Order for your convenience.
Please contact me at your convenience if you wish to disouss this matter further. Thank you.
Very truly yours,
S , CA UT pi
Charles W. Marino, Esq.(PILED: NEW YORK COUNTY CLERK 571972017) =
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/19/2014
SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY
Paul Wooten +
PRESENT: PART
Justice :
Index Number : 850288/2013 ~ INDEX NO, ——————____
J.P.MORGAN MORTGAGE ACQUISITION CORP
vs.
ELLIOTT, LYDIA
SEQUENCE NUMBER : 001
ORDER OF PUBLICATION
MOTION DATE
MOTION SEQ. NO,
MOTION CAL. NO.
The following papers, numbered 1 to were read on this motton to/for
Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ...
Answering Affidavits — Exhibits
| PAPERS NUMBERED
Replying Affidavits
Cross-Motion: [1 Yes * No :
Upon the foregoing papers, it is ordered het this motion \‘o Plainhe Ape an. ordAu2
Porrithing Service by Ruplicatinn ty Iba Guacian ad
; ~re
Lite foe Lala sa E10 to re arena © cagiion
aiscortinuing mak 4e7’ is Qearted
f aE nas \ +heous)
) a eeeakk one yorthin Oedee Poernitting Service
is Signed,
ba abana Amending the Caphion
FOR THE FOLLOWING REASON(S):
Dated: 5- IS (4
MOTION/CASE IS RESPECTFULLY REFERRED TO JUSTICE
Paul Wooten JSC.
Check one: FINAL DISPOSITION x NON-FINAL DISPOSITION
Check if appropriate: |. DO NOT POST __ REFERENCE
[_] suBMIT oRDER/JUDG. (_] Serre oRDER /JuDG.Atan 243) Part of the Supreme Court
of the State of New York, held in and
_ for the County of AV, ns at the
Courthouse thereof,
on the Lay of
Mig , 2014
PRESENT:
HON. Paull Wooten 1.0.
J.P, MORGAN MORTGAGE ACQUISITION CORP,
Plaintiff,
-against-
LYDIA ELLIOTT, NATIONAL CITY BANK, CITY OF
NEW YORK ENVIRONMENTAL CONTROL BOARD,
COMMISSIONER OF SOCIAL SERVICES OF THE CITY
OF NEW YORK SOCIAL SERVICES DISTRICT, THE
CHERRY TREE CORP.
and JOHN DOE, and JANE DOE #1 through-#7", the last
seven (7) names being fictitious and unknown to the
plaintiff, the person or parties intended being the tenants,
occupants, persons or parties, if any, having or claiming an
interest in or lien upon the mortgaged premises described in
the Verified Coniplaint,
Defendants,
Index No.: 850288/13
+ ORDER PERMITTING
SERVICE
BY PUBLICATION
RECRIVED
FEB 27 2014
Upon reading and filing the Summons, Verified Complaint and Notice of Pendency filed
in this action on October 2, 2013 in the New York County Clerk’s Office and the affirmation of
Charles W. Marino, Esq. dated Lébruayl , 2014, from which it appears that this is an
action to foreclose a mortgage on property located at 107 West 132nd Street, New York, NY
10027, and that the Defendant, Lydia Elliott, cannot be personally served within the State of
New York, and the Plaintiff having made proof to the Court's satisfaction that the location of the
said Defendant ot his personal representative cannot, with due diligence, be ascertained, and that
x
ehh an—Se
ASC.
the Plaintiff has been and will be unable in the exercise of due diligence to make personal service
of the summons:and complaint herein or by any other prescribed method on the said defendant,
within this state, and it appearing that there is a sufficient cause of action stated against the
a
Defendants who' are necessary parties herein;
NOW, on the motion of Stiene & Associates, P.C., attorneys for the Plaintiff herein, it is
ORDERED, that this action to substitute Janet Smith s/h/a “Iohn/Jane Doe #1” in place
and stead of the defendants “JOHN DOE AND JANE DOE #1 through #7”; and it is further
ORDERED, that the Plaintiff be and hereby is granted leave to issue, file and serve,
where required, the annexed Supplemental Summons, Amended Complaint and Amended Notice
of Pendency, and that the caption of this action is hereby amended to conform with the caption as
shown on-said Sipplemental Summons, Amended Complaint and Amended Notice of Pendency
without prejudice to any of the proceedings heretofore had herein; and it is further
ORDERED, that the service of the Supplemental Summons in this action upon the
Defendant, Lydia Elliott, if living, and if any be dead, her respective heirs-at-law, next of kin,
distributees, executors, administrators, trustees, devisees, legatees, assignees, licnors, creditors
and successors in interest, and generally all persons having or claiming under, by or through said
defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or
interest in and to‘the premises described in the complaint herein, be made by publication of said
supplemental surnmons in two (2) newspapers, at least one in the English language, hereby
designated as most likely to give notice to the said Defendants, viz: in the
N x {0 a published in N \ County, State of New York and in
eb Shek Sagal published in Nl County, State of
‘Paul Wooten
rtasa Am ey
New York, together with a notice to the Defendant, containing a brief statement of the nature of
this action and the relief sought and a brief description of the property once in cach week of four
~~~ suecessive weeks; and it is further
ORDERED, that the Supplemental Summons and Amended Complaint herein be
| delivered on behalf of Lydia Elliott, who may be served herein by publication pursuant to this
Order, to Per X ach Y \\ \c hell & \ » counselor-at-law, with an address at
Military Attorney on behalf of any of the said Defendants who may be absentees, infants or
incompetents, or'unknown successors in interest of Defendants who may be deceased, or ,
Defendants who inay be in the military service, and to protect arid defend interests of said
Defendants in the action upon filing his acknowledged consent and qualifying affidavit; and it is
further
ORDERED, that said Guardian Ad Litem and Military Attorney shall also act for said
Defendant should he be in default or be in the military service of the United States of America,
and is hereby authorized and appointed for the purpose of representing him and protecting his
interest in this action pursuant to the provisions of the Soldiers’ and Sailors’ Civil Relief Act and
Military Law of 1940, as amended, and the Military Laws of the State of New York; and it is
further
ORDERED, that the Supplemental Summons and Amended Complaint, and the papers
on which this order is based be filed on or before the first day of publication, and that the firstAgana . eae
publication be made within sixty days after the entry date of this order and that the date of entry
of this Order be used for purposes of compliance with CPLR R316(c); and it is further
ORDERED, that the provision of CPLR §306-b is satisfied, nunc pro tunc, provided
publication is made pursuant to this Order and proof thereof filed within 120 days from the date
of entry of this érder; and it is further
i
ORDERED, that.the caption of this action shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK .
aoe ennettentcsecnnnancnananmacenenseneeX Index No.: 850288/13
J.P. MORGAN MORTGAGE ACQUISITION CORP.,
Plaintiff,
--against-
LYDIA ELLIOTT, her respective heirs-at-law, next-of-
kin, distributees, executors, administrators, trustees,
devisees, legatees, assignees, lienors, creditors and
successors in interest and generally all persons having or
claiming under, by or through said defendant who may
be deceased by purchase, inheritance, lien or otherwise,
any right, title or interest in the real property described
in the complaint herein, NATIONAL CITY BANK,
CITY OF NEW YORK ENVIRONMENTAL
CONTROL BOARD, COMMISSIONER OF SOCIAL
SERVICES OF THE CITY OF NEW YORK. SOCIALaA tond
SERVICES DISTRICT, THE CHERRY 1 TREE CORP,,
JANET SMITH, NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE, UNITED. STATES
OF AMERICA - INTERNAL REVENUE SERVICE *
Defendants.
2X”
Date: May ort /
: . s
\
JS.C.
. Paut Wooten
ya ee.PRESENT:
J.P, MORGAN MORTGAGE ACQUISITION CORP.,
Plaintiff,
-against-
LYDIA ELLIOTT, her respective heirs-at-law, next-of-
kin, distributees, executors, administrators, trustees,
devisees, legatees, assignees, lienors, creditors and
successors in interest and generally all persons having or
claiming under, by or through said defendant who may
be deceased by purchase, inheritance, lien or otherwise,
any right, title or interest in the real property described
in the complaint herein, NATIONAL CITY BANK,
CITY OF NEW YORK ENVIRONMENTAL
CONTROL BOARD, COMMISSIONER OF SOCIAL
SERVICES OF THE CITY OF NEW YORK SOCIAL
SERVICES DISTRICT, THE CHERRY TREE CORP.,
JANET SMITH, NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE, UNITED STATES
OF AMERICA — INTERNAL REVENUE SERVICE
Defendants.
ae enennnnennne nee nenneene eee meee enna x
Atan____ Part of the Supreme Court
of the State of New York, held in and
for the County of at the
Courthouse thereof, at
onthe day of
, 2014
Index No.; 850288/13
ORDER PERMITTING
SERVICE
BY PUBLICATION
Upon reading and filing the Summons, Verified Complaint and Notice of Pendency filed
in this action on October 2, 2013 in the New York County Clerk’s Office and the affirmation of
Charles W. Marino, Esq. dated February 19, 2014, from which it appears that this is an action to
foreclose a mortgage on property located at 107 West 132nd Street, New York, NY 10027, andthat the Defendant, Lydia Elliott, cannot be personally served within the State of New York, and
the Plaintiff having made proof to the Coutt's satisfaction that the location of the said Defendant
or his personal representative cannot, with due diligence, be ascertained, and that the Plaintiff
has been and will be unable in the exercise of due diligence to make personal service of the
summons and complaint herein or by any other prescribed method on the said defendant, within
this state, and it appearing that there is a sufficient cause of action stated against the Defendants
who are necessary parties herein;
NOW, on the motion of Stiene & Associates, P.C., attorneys for the Plaintiff herein, it is
ORDERED, that the service of the Supplemental Summons in this action upon the
Defendant, Lydia Elliott, if living, and if any be dead, her respective heirs-at-law, next of kin,
distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors
and successors in interest, and generally all persons having or claiming under, by or through said
defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or
interest in and to the premises described in the complaint herein, be made by publication of said
supplemental summons in two (2) newspapers, at least one in the English language, hereby
designated as most likely to give notice to the said Defendants, viz: in the
published in County, State of New York and in
the » published in County, State of
New York, together with a notice to the Defendant, containing a brief statement of the nature of
this action and the relief sought and a brief description of the property once in each week of four
successive weeks; and it is furtherORDERED, that the first publication be made within sixty days after the entry date of
this order and that the date of entry of this Order be used for purposes of compliance with CPLR
R316(c); and it is further
ORDERED, that the provision of CPLR §306-b is satisfied, nunc pro tune, provided
publication is made pursuant to this Order and proof thereof filed within 120 days from the date
of entry of this order; and it is further
Date: ENTER:
JSC.
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CHARLES G, STIENE STEPHEN J, VaRcas ‘ CHRISTOPHER VIRGA z E1veen M. RYAN . . Rosert W. GRIswoLD Ss TIENE won Associates B.C. CHarLes W, Marino A ‘ATL Patrick E, FEDUN ‘TRORNEYS AT LAW ‘Hituary L. MisHan . (631) 935-1616 Fax (631) 935-1223 WWW.STIENELAW.COBI June 9, 2014 Sent via facsimile to: (212) 952-2757 ATTN: Honorable Paul Wooten Re: JP Morgan Mortgage Acquisition Corp, v. Elliot Supreme Court Index Number: 850228/13 Stiene & Associates, P.C. Matter Number: 201300355 Dear The Honorable Paul Wooten: HUNTINGTON OFFICE (MAatLina AND OVERNIGHT ADDRESS) 187 East Mam Street Huntineron, New York 11743 NORTHPORT OFFICE (No MAIL OR OVERNIGHT DELIVERIES) 167 Man STREET NoRrHPORT, NY 11768 This Firm represents the Plaintiff in the above-referenced residential mortgage foreclosure action. The signed Order dated May 15, 2014 permitting service by publication requires Plaintiff to publish in the New York Law Journal and the Wall Street Journal. For your convenience, a signed copy of this Order is attached, To date, my office has received a total price quote for publication in the amount of $46,604.88. As a result of the substantially high price quote, my office is concerned that the Defendant will be unable to consider reinstatement as an option. Please consider this letter as a request for alternative publication newspapers, Attached is a blank proposed Order for your convenience. Please contact me at your convenience if you wish to disouss this matter further. Thank you. Very truly yours, S , CA UT pi Charles W. Marino, Esq.(PILED: NEW YORK COUNTY CLERK 571972017) = NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/19/2014 SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY Paul Wooten + PRESENT: PART Justice : Index Number : 850288/2013 ~ INDEX NO, ——————____ J.P.MORGAN MORTGAGE ACQUISITION CORP vs. ELLIOTT, LYDIA SEQUENCE NUMBER : 001 ORDER OF PUBLICATION MOTION DATE MOTION SEQ. NO, MOTION CAL. NO. The following papers, numbered 1 to were read on this motton to/for Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ... Answering Affidavits — Exhibits | PAPERS NUMBERED Replying Affidavits Cross-Motion: [1 Yes * No : Upon the foregoing papers, it is ordered het this motion \‘o Plainhe Ape an. ordAu2 Porrithing Service by Ruplicatinn ty Iba Guacian ad ; ~re Lite foe Lala sa E10 to re arena © cagiion aiscortinuing mak 4e7’ is Qearted f aE nas \ +heous) ) a eeeakk one yorthin Oedee Poernitting Service is Signed, ba abana Amending the Caphion FOR THE FOLLOWING REASON(S): Dated: 5- IS (4 MOTION/CASE IS RESPECTFULLY REFERRED TO JUSTICE Paul Wooten JSC. Check one: FINAL DISPOSITION x NON-FINAL DISPOSITION Check if appropriate: |. DO NOT POST __ REFERENCE [_] suBMIT oRDER/JUDG. (_] Serre oRDER /JuDG.Atan 243) Part of the Supreme Court of the State of New York, held in and _ for the County of AV, ns at the Courthouse thereof, on the Lay of Mig , 2014 PRESENT: HON. Paull Wooten 1.0. J.P, MORGAN MORTGAGE ACQUISITION CORP, Plaintiff, -against- LYDIA ELLIOTT, NATIONAL CITY BANK, CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK SOCIAL SERVICES DISTRICT, THE CHERRY TREE CORP. and JOHN DOE, and JANE DOE #1 through-#7", the last seven (7) names being fictitious and unknown to the plaintiff, the person or parties intended being the tenants, occupants, persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Verified Coniplaint, Defendants, Index No.: 850288/13 + ORDER PERMITTING SERVICE BY PUBLICATION RECRIVED FEB 27 2014 Upon reading and filing the Summons, Verified Complaint and Notice of Pendency filed in this action on October 2, 2013 in the New York County Clerk’s Office and the affirmation of Charles W. Marino, Esq. dated Lébruayl , 2014, from which it appears that this is an action to foreclose a mortgage on property located at 107 West 132nd Street, New York, NY 10027, and that the Defendant, Lydia Elliott, cannot be personally served within the State of New York, and the Plaintiff having made proof to the Court's satisfaction that the location of the said Defendant ot his personal representative cannot, with due diligence, be ascertained, and that x ehh an—Se ASC. the Plaintiff has been and will be unable in the exercise of due diligence to make personal service of the summons:and complaint herein or by any other prescribed method on the said defendant, within this state, and it appearing that there is a sufficient cause of action stated against the a Defendants who' are necessary parties herein; NOW, on the motion of Stiene & Associates, P.C., attorneys for the Plaintiff herein, it is ORDERED, that this action to substitute Janet Smith s/h/a “Iohn/Jane Doe #1” in place and stead of the defendants “JOHN DOE AND JANE DOE #1 through #7”; and it is further ORDERED, that the Plaintiff be and hereby is granted leave to issue, file and serve, where required, the annexed Supplemental Summons, Amended Complaint and Amended Notice of Pendency, and that the caption of this action is hereby amended to conform with the caption as shown on-said Sipplemental Summons, Amended Complaint and Amended Notice of Pendency without prejudice to any of the proceedings heretofore had herein; and it is further ORDERED, that the service of the Supplemental Summons in this action upon the Defendant, Lydia Elliott, if living, and if any be dead, her respective heirs-at-law, next of kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, licnors, creditors and successors in interest, and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in and to‘the premises described in the complaint herein, be made by publication of said supplemental surnmons in two (2) newspapers, at least one in the English language, hereby designated as most likely to give notice to the said Defendants, viz: in the N x {0 a published in N \ County, State of New York and in eb Shek Sagal published in Nl County, State of ‘Paul Wooten rtasa Am ey New York, together with a notice to the Defendant, containing a brief statement of the nature of this action and the relief sought and a brief description of the property once in cach week of four ~~~ suecessive weeks; and it is further ORDERED, that the Supplemental Summons and Amended Complaint herein be | delivered on behalf of Lydia Elliott, who may be served herein by publication pursuant to this Order, to Per X ach Y \\ \c hell & \ » counselor-at-law, with an address at Military Attorney on behalf of any of the said Defendants who may be absentees, infants or incompetents, or'unknown successors in interest of Defendants who may be deceased, or , Defendants who inay be in the military service, and to protect arid defend interests of said Defendants in the action upon filing his acknowledged consent and qualifying affidavit; and it is further ORDERED, that said Guardian Ad Litem and Military Attorney shall also act for said Defendant should he be in default or be in the military service of the United States of America, and is hereby authorized and appointed for the purpose of representing him and protecting his interest in this action pursuant to the provisions of the Soldiers’ and Sailors’ Civil Relief Act and Military Law of 1940, as amended, and the Military Laws of the State of New York; and it is further ORDERED, that the Supplemental Summons and Amended Complaint, and the papers on which this order is based be filed on or before the first day of publication, and that the firstAgana . eae publication be made within sixty days after the entry date of this order and that the date of entry of this Order be used for purposes of compliance with CPLR R316(c); and it is further ORDERED, that the provision of CPLR §306-b is satisfied, nunc pro tunc, provided publication is made pursuant to this Order and proof thereof filed within 120 days from the date of entry of this érder; and it is further i ORDERED, that.the caption of this action shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK . aoe ennettentcsecnnnancnananmacenenseneeX Index No.: 850288/13 J.P. MORGAN MORTGAGE ACQUISITION CORP., Plaintiff, --against- LYDIA ELLIOTT, her respective heirs-at-law, next-of- kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, NATIONAL CITY BANK, CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK. SOCIALaA tond SERVICES DISTRICT, THE CHERRY 1 TREE CORP,, JANET SMITH, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, UNITED. STATES OF AMERICA - INTERNAL REVENUE SERVICE * Defendants. 2X” Date: May ort / : . s \ JS.C. . Paut Wooten ya ee.PRESENT: J.P, MORGAN MORTGAGE ACQUISITION CORP., Plaintiff, -against- LYDIA ELLIOTT, her respective heirs-at-law, next-of- kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, NATIONAL CITY BANK, CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK SOCIAL SERVICES DISTRICT, THE CHERRY TREE CORP., JANET SMITH, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, UNITED STATES OF AMERICA — INTERNAL REVENUE SERVICE Defendants. ae enennnnennne nee nenneene eee meee enna x Atan____ Part of the Supreme Court of the State of New York, held in and for the County of at the Courthouse thereof, at onthe day of , 2014 Index No.; 850288/13 ORDER PERMITTING SERVICE BY PUBLICATION Upon reading and filing the Summons, Verified Complaint and Notice of Pendency filed in this action on October 2, 2013 in the New York County Clerk’s Office and the affirmation of Charles W. Marino, Esq. dated February 19, 2014, from which it appears that this is an action to foreclose a mortgage on property located at 107 West 132nd Street, New York, NY 10027, andthat the Defendant, Lydia Elliott, cannot be personally served within the State of New York, and the Plaintiff having made proof to the Coutt's satisfaction that the location of the said Defendant or his personal representative cannot, with due diligence, be ascertained, and that the Plaintiff has been and will be unable in the exercise of due diligence to make personal service of the summons and complaint herein or by any other prescribed method on the said defendant, within this state, and it appearing that there is a sufficient cause of action stated against the Defendants who are necessary parties herein; NOW, on the motion of Stiene & Associates, P.C., attorneys for the Plaintiff herein, it is ORDERED, that the service of the Supplemental Summons in this action upon the Defendant, Lydia Elliott, if living, and if any be dead, her respective heirs-at-law, next of kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in and to the premises described in the complaint herein, be made by publication of said supplemental summons in two (2) newspapers, at least one in the English language, hereby designated as most likely to give notice to the said Defendants, viz: in the published in County, State of New York and in the » published in County, State of New York, together with a notice to the Defendant, containing a brief statement of the nature of this action and the relief sought and a brief description of the property once in each week of four successive weeks; and it is furtherORDERED, that the first publication be made within sixty days after the entry date of this order and that the date of entry of this Order be used for purposes of compliance with CPLR R316(c); and it is further ORDERED, that the provision of CPLR §306-b is satisfied, nunc pro tune, provided publication is made pursuant to this Order and proof thereof filed within 120 days from the date of entry of this order; and it is further Date: ENTER: JSC.