Preview
At an of the Supreme Court of the State
of New York, held in and for the County of
Steuben at the Courthouse thereof, Supreme
Court 3 East
_
Building, Pulteney Square, Bath,
NY on the day of ,
2019.
P R E S E N T:
Hon.
----------------------------------------------X
LAKEVIEW LOAN SERVICING, LLC
Index No: E2019-0565CV
Plaintiff.
-against-
JEREMY WAKEMAN
#1" #10,"
"JOHN DOE to "JOHN DOE the last10
names being fictitiousand unknown to plaintiff,the
persons or parties intended being the persons or parties,
ifany, having or claiming an interest in or lienupon the ORDER OF REFERENCE
mortgaged premises described in the complaint,
Defendant.
---------------------------------------------------X
UPON the Summons and Complaint herein, and proof that allthe defendants have been duly
served, and upon the Notice of Appearance, ifany, hereto annexed and heretofore filed herein, from
all of which itappears that none of the defendants answered, moved or appeared with respect to the
Complaint, although the time for them to do so has expired and has not been extended by court order
#1"'
or otherwise; and itfurther appearing that defendants captioned as "JOHN DOE through "JOHN
#10"
DOE were not served with copies of the Summons and Complaint and that none of the
defendants are infants, incompetents or absentees, or in the military; and that since the filing of the
Lis Pendens, the Complaint herein has not been amended so as to make new parties to the action or
so as to embrace real property other than that described in the original Complaint or so as to extend
Plaintiff s claim against the premises;
AND upon the affirmation of José O. Hasbún, Esq., an associate of the firm of McCabe,
Weisberg & Conway, LLC, attorneys for the Plaintiff, dated September 12, 2019 showing what
proceedings have heretofore been had herein, and setting forth the requisite facts entitling Plaintiff to
the within relief; and upon all proceedings heretofore had herein, and allthe papers filed herein;
NOW, upon motion of McCabe, Weisberg & Conway, LLC attorneys for Plaintiff, itis
ORDERED, that this motion is granted; and itis further
ORDERED, that this action be and the same is hereby referred to ,
, , as
Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and
other disbursements advanced as provided for in the note and mortgage upon which this action was
brought, to examine and report whether or not the mortgaged premises can be sold in parcels, and
that the Referee complete his/her report with all convenient speed date and that, except for good
cause shown, that Plaintiff shall move for judgment no later than 60 days of the date of the Referee's
report; and itis further
ORDERED, that upon submission of the Referee's Report, Plaintiff shall pay $ to
the Referee as compensation for his/her services; and itis further
#1" #10"
ORDERED, that the names of defendant(s) "JOHN DOE through "JOHN DOE be
severed and stricken from the caption herein and that the action be discontinued as to them, allof the
foregoing without prejudice to any of the proceedings heretofore had herein or to be had herein; and
itis further
ORDERED, that the caption hereinafter shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF STEUBEN
-------------- -----------------------X
LAKEVIEW LOAN SERVIC1NG, LLC,
INDEX NO: E2019-0565CV
Plaintiff,
MORTGAGED PREMISES:
-against- 9 CHURCH STREET
SAVONA, NY 14879
JEREMY WAKEMAN,
SBL #: 191.14 - 01 - 073.000
Defendant.
----------------------------------------------------------X
and itis further
ORDERED, that the mortgage dated July 25, 2013 in the amount of $89,795.00 recorded on
July 30, 2013 in Book 3705, Page 1 in the Steuben County Clerk's office be reformed so as to
include a description of the mortgaged premises as contained in Schedule A, attached hereto, and
that the Clerk of the County Steuben be authorized and directed to record a copy of the description,
aforementioned, and as an original, forthwith upon submission of an attorney certified copy of the
judgment or order which shall issue from this action, and itis further
ORDERED, that by accepting this appointment, the Referee certifies that the Referee is in
compliance with 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 on compensation");
and itis further
ORDERED, that a copy of this Order with Notice of Entry shall be served upon the owner of
the equity of redemption, any tenants named in this action and any other party entitled to notice.
E N T E R:
J.S.C.
INDEX NO. E2019-0565CV
(Fil,ED : STEUBEN COUNTY CLERK 05 / 01/2 019 03 : 09 PM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2019
Schedule A
ALL that tractor parcel of land situate in the Town of Bath, Village of Savona, Steuben
County, New York, bounded and described as follows:
COMMENC1NG at the northeast corner of lands owned and occupied by John B. Ward,
THENCE RUNNING North or northerly along the west line of A.F. Burt land to lands
owned and occupied by J.H. Bowlby;
THENCE West or Westerly along said Bowlby's south line and south line of lands owned and
occupied by Joseph
Kleckler to the center of highway which runs past the Baptist Church,
THENCE South or Southerly along the center of said highway which runs past the Baptist
Church;
THENCE South or Southerly along the center of said highway to the northwest
corner of said J.B. Ward's lot;THENCE East or Easterly along the north line of J.B.
Ward's lotto the place of BEGINNING.
ALSO ALL that tract or parcel of land situate in the Village of Savona, Steuben County,
New York, bounded and described as follows:
COMMENC1NG at the northeast corner known as Boyce lot in the Village of Savona;
THENCE RUNNING South along Boyce lot east line 7 rods and 16 links to the northwest
corner of lot deeded to D. L. White by M.H. and A,F, Burt;
THENCE Easterly along D.L. White's north line 5 rods to a stake;
THENCE North parallel with the east line of Boyce lot7 rods and 16 links to a stake on a line
with the north line of said lot;
THENCE Westerly on said line 5 rods to
the place of BEG1NNING. ALSO
described as follows:
ALL that tractor parcel, situate in the Town of Bath, Village of Savona, Steuben County,
New York, bounded and described as follows:
12 of 59
5ED: STEUBEN COUNTY CLERK 05 / 01/2 019 03 : 09 PMJ
INDEX NO. E2019-0565CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2019
COMMENCING at a point in the centerline of Church Street, which point is South 06 degrees
15 minutes 31 seconds
West, approximately 207 feet from the intersection of the centerlines of Church
Street and Lamoka Avenue; THENCE South 84 degrees 37 minutes 14 seconds
East, 252.15 feet to a point;
THENCE South 06 degracs 57 minutes 38 seconds West, 128,32 feet to a point;
THENCE North 82 degrees 38 minutes 20 seconds West, 82.34 feet to an iron pipe;
THENCE North 06 degrees 15 minutes 31 seconds East 8.63 feet to an iron pipe;
THENCE North 82 degrees 31 minutes 05 seconds West 168.26 feet to a point in the centerline of Church Street;
THENCE North 06 degrees 15 minutes 31 seconds East along the centerline of Church Street, 110.64 feet to the point of
BEGINNING.
13 of 59
Preview
At an of the Supreme Court of the State of New York, held in and for the County of Steuben at the Courthouse thereof, Supreme Court 3 East _ Building, Pulteney Square, Bath, NY on the day of , 2019. P R E S E N T: Hon. ----------------------------------------------X LAKEVIEW LOAN SERVICING, LLC Index No: E2019-0565CV Plaintiff. -against- JEREMY WAKEMAN #1" #10," "JOHN DOE to "JOHN DOE the last10 names being fictitiousand unknown to plaintiff,the persons or parties intended being the persons or parties, ifany, having or claiming an interest in or lienupon the ORDER OF REFERENCE mortgaged premises described in the complaint, Defendant. ---------------------------------------------------X UPON the Summons and Complaint herein, and proof that allthe defendants have been duly served, and upon the Notice of Appearance, ifany, hereto annexed and heretofore filed herein, from all of which itappears that none of the defendants answered, moved or appeared with respect to the Complaint, although the time for them to do so has expired and has not been extended by court order #1"' or otherwise; and itfurther appearing that defendants captioned as "JOHN DOE through "JOHN #10" DOE were not served with copies of the Summons and Complaint and that none of the defendants are infants, incompetents or absentees, or in the military; and that since the filing of the Lis Pendens, the Complaint herein has not been amended so as to make new parties to the action or so as to embrace real property other than that described in the original Complaint or so as to extend Plaintiff s claim against the premises; AND upon the affirmation of José O. Hasbún, Esq., an associate of the firm of McCabe, Weisberg & Conway, LLC, attorneys for the Plaintiff, dated September 12, 2019 showing what proceedings have heretofore been had herein, and setting forth the requisite facts entitling Plaintiff to the within relief; and upon all proceedings heretofore had herein, and allthe papers filed herein; NOW, upon motion of McCabe, Weisberg & Conway, LLC attorneys for Plaintiff, itis ORDERED, that this motion is granted; and itis further ORDERED, that this action be and the same is hereby referred to , , , as Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and other disbursements advanced as provided for in the note and mortgage upon which this action was brought, to examine and report whether or not the mortgaged premises can be sold in parcels, and that the Referee complete his/her report with all convenient speed date and that, except for good cause shown, that Plaintiff shall move for judgment no later than 60 days of the date of the Referee's report; and itis further ORDERED, that upon submission of the Referee's Report, Plaintiff shall pay $ to the Referee as compensation for his/her services; and itis further #1" #10" ORDERED, that the names of defendant(s) "JOHN DOE through "JOHN DOE be severed and stricken from the caption herein and that the action be discontinued as to them, allof the foregoing without prejudice to any of the proceedings heretofore had herein or to be had herein; and itis further ORDERED, that the caption hereinafter shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF STEUBEN -------------- -----------------------X LAKEVIEW LOAN SERVIC1NG, LLC, INDEX NO: E2019-0565CV Plaintiff, MORTGAGED PREMISES: -against- 9 CHURCH STREET SAVONA, NY 14879 JEREMY WAKEMAN, SBL #: 191.14 - 01 - 073.000 Defendant. ----------------------------------------------------------X and itis further ORDERED, that the mortgage dated July 25, 2013 in the amount of $89,795.00 recorded on July 30, 2013 in Book 3705, Page 1 in the Steuben County Clerk's office be reformed so as to include a description of the mortgaged premises as contained in Schedule A, attached hereto, and that the Clerk of the County Steuben be authorized and directed to record a copy of the description, aforementioned, and as an original, forthwith upon submission of an attorney certified copy of the judgment or order which shall issue from this action, and itis further ORDERED, that by accepting this appointment, the Referee certifies that the Referee is in compliance with 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 on compensation"); and itis further ORDERED, that a copy of this Order with Notice of Entry shall be served upon the owner of the equity of redemption, any tenants named in this action and any other party entitled to notice. E N T E R: J.S.C. INDEX NO. E2019-0565CV (Fil,ED : STEUBEN COUNTY CLERK 05 / 01/2 019 03 : 09 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2019 Schedule A ALL that tractor parcel of land situate in the Town of Bath, Village of Savona, Steuben County, New York, bounded and described as follows: COMMENC1NG at the northeast corner of lands owned and occupied by John B. Ward, THENCE RUNNING North or northerly along the west line of A.F. Burt land to lands owned and occupied by J.H. Bowlby; THENCE West or Westerly along said Bowlby's south line and south line of lands owned and occupied by Joseph Kleckler to the center of highway which runs past the Baptist Church, THENCE South or Southerly along the center of said highway which runs past the Baptist Church; THENCE South or Southerly along the center of said highway to the northwest corner of said J.B. Ward's lot;THENCE East or Easterly along the north line of J.B. Ward's lotto the place of BEGINNING. ALSO ALL that tract or parcel of land situate in the Village of Savona, Steuben County, New York, bounded and described as follows: COMMENC1NG at the northeast corner known as Boyce lot in the Village of Savona; THENCE RUNNING South along Boyce lot east line 7 rods and 16 links to the northwest corner of lot deeded to D. L. White by M.H. and A,F, Burt; THENCE Easterly along D.L. White's north line 5 rods to a stake; THENCE North parallel with the east line of Boyce lot7 rods and 16 links to a stake on a line with the north line of said lot; THENCE Westerly on said line 5 rods to the place of BEG1NNING. ALSO described as follows: ALL that tractor parcel, situate in the Town of Bath, Village of Savona, Steuben County, New York, bounded and described as follows: 12 of 59 5ED: STEUBEN COUNTY CLERK 05 / 01/2 019 03 : 09 PMJ INDEX NO. E2019-0565CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/01/2019 COMMENCING at a point in the centerline of Church Street, which point is South 06 degrees 15 minutes 31 seconds West, approximately 207 feet from the intersection of the centerlines of Church Street and Lamoka Avenue; THENCE South 84 degrees 37 minutes 14 seconds East, 252.15 feet to a point; THENCE South 06 degracs 57 minutes 38 seconds West, 128,32 feet to a point; THENCE North 82 degrees 38 minutes 20 seconds West, 82.34 feet to an iron pipe; THENCE North 06 degrees 15 minutes 31 seconds East 8.63 feet to an iron pipe; THENCE North 82 degrees 31 minutes 05 seconds West 168.26 feet to a point in the centerline of Church Street; THENCE North 06 degrees 15 minutes 31 seconds East along the centerline of Church Street, 110.64 feet to the point of BEGINNING. 13 of 59