Preview
At Part __ of the Supreme Court of
the State of New York, held in and
for the County of Queens at the
Courthouse thereof, located at 88-11
Sutphin Boulevard, Jamaica, New
York, on the _ day of , 2018.
P R E S E N T:
Hon.
Justice.
NYCTL 1997-1 TRUST, and THE BANK OF NEW
YORK as Collateral Agent and Custodian for the NYCTL
1997-1 Trust, Index No.: 703727/18
I
I
Plaintiffs,
| ORDER APPOINTING
- against - REFEREE TO COMPUTE
|
I
I
HERBERT JUDGE JR. AS HEIR AND DISTRIBUTEE | Borough: Queens
OF THE ESTATE OF THEODORE M. KENNY, | Block: 1108
SHONNIECE HOLLAND AS HEIR AND Lot: 30
DISTRIBUTEE OF THE ESTATE OF THEODORE M. |
KENNY, HERBERT JUDGE SR. AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF THEODORE M.
KENNY, CHRISTINE JUDGE AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF THEODORE M.
KENNY, UNITED STATES OF AMERICA (EASTERN
DISTRICT), NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD, NEW YORK
CITY PARKING VIOLATIONS BUREAU, NEW YORK |
CITY TRANSIT ADJUDICATION BUREAU, ASTORIA |
FEDERAL SAVINGS AND LOAN ASSOCIATION and |
1" 100"
"JOHN DOE No. through "JOHN DOE No.
inclusive, the names of the last 100 defendants being
unknown,'
fictitious, the true names of said defendants being unknown
to plaintiff, itbeing intended to designate fee owners,
tenants or occupants of the liened premises and/or persons
or parties having or claiming an interest in or a lien upon
the liened premises, if the aforesaid individual defendants
are living, and if any or all of said individual defendants be i
dead, their heirs at law, next of kin, distributees, executors, I
I
administrators, trustees, committees, devisees, legatees,
and the assignees, lienors, creditors and successors in
I
interest of them, and generally all persons having or
Motionfor Order of Reference -
700777.845
111561794:I)
claiming under, by, through, or against the said defendants
named as a class, of any right, title,or interest in or lien
l
upon the premises described in the complaint herein,
I
Defendants. I
ON the Summons, Complaint and Notice of Pendency filed in this action on March 12,
2018, annexed hereto as exhibits, and upon the Affirmation of Josef F. Abt, Esq., an associate of
the firm of WINDELS MARX LANE 2 MITTENDORF, LLP, attorneys for the Plaintiffs, dated
August 1, 2018, from which it appears that this action was brought to foreclose a certain tax lien
98th
on real property situated in the County of Queens, State of New York, at 24-50 Street, East
Elmhurst, New York (Block 1108 Lot 30 on the Tax Map of Queens County) by reason of certin
defaults alleged in the Complaint and upon the Affidavit of Facts of Megan Meyer, sworn to on
July 23, 2018, and it is further appearing that all the defendants have been duly served with a
copy of the Summons and Complaint or have appeared herein, copies of such affidavits of
No.1"
service being annexed as Exhibit F, except the defendants "JOHN DOE through "JOHN
No.100"
DOE who were not served copies of the Summons and Complaint and are not necessary
parties to this action, and no answer has been interposed by defendants though the time to do so
has expired; and it appearing that none of the defendants is an infants, incompetent or absentee,
or in the military, and that since the filing of the Notice of Pendency of this action on March 12,
2018, the complaint has not been amended in any manner whatsoever; on the pleadings
heretofore filed herein and no one appearing in opposition thereto,
NOW, upon motion of WINDELS MARX LANE & MITTENDORF, LLP, attorneys of
record for Plaintiffs, it is
ORDERED, that the motion is granted; and itis further
Motionfor Order of Reference -
700777.845
{11561794:I)
ORDERED, that this action be, and the same is hereby referred to
, with an office
at ,
telephone number , as Referee to ascertain and compute
the amount due to plaintiffs herein for principal, interest, water and sewer rents, if any, insurance
premiums, if any, advances to protect the lien of the subject tax lien certificate mentioned in the
complaint and to examine and report whether or not the premises should be sold in parcels, and
that the Referee make his/her report no later than 60 days of the date of this order and that,
except for good cause shown, the plaintiffs shall move for judgment no later than 60 days of the
date of the Referee's report; and it isfurther,
ORDERED, that upon submission of the Referee's Report, plaintiffs shall pay $250.00 to
the Referee as compensation for his/her services, which sum may be recouped as a cost of
litigation; and itis further,
ORDERED, that the Referee appointed herein is subject to the requirements of Rule
36.2(c) of the Chief Judge, and, ifthe 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 NYCCR Part 36), including, but not
limited to, section 36.2(e) ("Disqualifications from appointment"), and section 36.2(d)
("
("Limitations on appointments based upon compensation"), and itis further,
ORDERED, that a default judgment in favor of the plaintiffs be granted as to the claim
Plaintiffs'
described in Complaint herein, and itis further,
Motionfor Order of Reference -
700777.845
f11561794;1)
ORDERED, the caption be amended to substitute NYCTL 1998-2 TRUST in place and
stead of NYCTL 1997-1 TRUST, without prejudice to any of the proceedings heretofore had
herein or to be had herein, and itis further,
ORDERED, the caption be amended to reflect that the names of defendants "JOHN DOE
No.1" 100"
through "JOHN DOE No. be severed and stricken from the caption herein and that
the action be discontinued as to them, all of the foregoing without prejudice to any of the
proceedings heretofore had herein or to be had herein, and the caption hereinafter to read as
follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
NYCTL 1998-2 TRUST, and THE BANK OF NEW
YORK as Collateral Agent and Custodian for the NYCTL
1998-2 Trust, Index No.: 703727/18
Plaintiffs,
- against - I
I
I Borough: Queens
HERBERT JUDGE JR. AS HEIR AND DISTRIBUTEE Block: 1108
OF THE ESTATE OF THEODORE M. KENNY, Lot: 30
SHONNIECE HOLLAND AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF THEODORE M.
KENNY, HERBERT JUDGE SR. AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF THEODORE M.
KENNY, CHRISTINE JUDGE AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF THEODORE M.
KENNY, UNITED STATES OF AMERICA (EASTERN
DISTRICT), NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD, NEW YORK
CITY PARKING VIOLATIONS BUREAU, NEW
YORK CITY TRANSIT ADJUDICATION BUREAU
and ASTORIA FEDERAL SAVINGS AND LOAN
ASSOCIATION,
Defendants. I
and itis further,
Motionfor Order of Reference -
700777.845
(I156l794;l}
ORDERED, that a copy of this Order with Notice of Entry shall be served upon the
designated Referee, the owner of the equity of redemption, any tenants named in this action and
any other party entitled to notice.
ENTER:
J.S.C.
Motionfor Order of Reference -
700777,845
l]1561794;1}
Preview
At Part __ of the Supreme Court of the State of New York, held in and for the County of Queens at the Courthouse thereof, located at 88-11 Sutphin Boulevard, Jamaica, New York, on the _ day of , 2018. P R E S E N T: Hon. Justice. NYCTL 1997-1 TRUST, and THE BANK OF NEW YORK as Collateral Agent and Custodian for the NYCTL 1997-1 Trust, Index No.: 703727/18 I I Plaintiffs, | ORDER APPOINTING - against - REFEREE TO COMPUTE | I I HERBERT JUDGE JR. AS HEIR AND DISTRIBUTEE | Borough: Queens OF THE ESTATE OF THEODORE M. KENNY, | Block: 1108 SHONNIECE HOLLAND AS HEIR AND Lot: 30 DISTRIBUTEE OF THE ESTATE OF THEODORE M. | KENNY, HERBERT JUDGE SR. AS HEIR AND DISTRIBUTEE OF THE ESTATE OF THEODORE M. KENNY, CHRISTINE JUDGE AS HEIR AND DISTRIBUTEE OF THE ESTATE OF THEODORE M. KENNY, UNITED STATES OF AMERICA (EASTERN DISTRICT), NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK | CITY TRANSIT ADJUDICATION BUREAU, ASTORIA | FEDERAL SAVINGS AND LOAN ASSOCIATION and | 1" 100" "JOHN DOE No. through "JOHN DOE No. inclusive, the names of the last 100 defendants being unknown,' fictitious, the true names of said defendants being unknown to plaintiff, itbeing intended to designate fee owners, tenants or occupants of the liened premises and/or persons or parties having or claiming an interest in or a lien upon the liened premises, if the aforesaid individual defendants are living, and if any or all of said individual defendants be i dead, their heirs at law, next of kin, distributees, executors, I I administrators, trustees, committees, devisees, legatees, and the assignees, lienors, creditors and successors in I interest of them, and generally all persons having or Motionfor Order of Reference - 700777.845 111561794:I) claiming under, by, through, or against the said defendants named as a class, of any right, title,or interest in or lien l upon the premises described in the complaint herein, I Defendants. I ON the Summons, Complaint and Notice of Pendency filed in this action on March 12, 2018, annexed hereto as exhibits, and upon the Affirmation of Josef F. Abt, Esq., an associate of the firm of WINDELS MARX LANE 2 MITTENDORF, LLP, attorneys for the Plaintiffs, dated August 1, 2018, from which it appears that this action was brought to foreclose a certain tax lien 98th on real property situated in the County of Queens, State of New York, at 24-50 Street, East Elmhurst, New York (Block 1108 Lot 30 on the Tax Map of Queens County) by reason of certin defaults alleged in the Complaint and upon the Affidavit of Facts of Megan Meyer, sworn to on July 23, 2018, and it is further appearing that all the defendants have been duly served with a copy of the Summons and Complaint or have appeared herein, copies of such affidavits of No.1" service being annexed as Exhibit F, except the defendants "JOHN DOE through "JOHN No.100" DOE who were not served copies of the Summons and Complaint and are not necessary parties to this action, and no answer has been interposed by defendants though the time to do so has expired; and it appearing that none of the defendants is an infants, incompetent or absentee, or in the military, and that since the filing of the Notice of Pendency of this action on March 12, 2018, the complaint has not been amended in any manner whatsoever; on the pleadings heretofore filed herein and no one appearing in opposition thereto, NOW, upon motion of WINDELS MARX LANE & MITTENDORF, LLP, attorneys of record for Plaintiffs, it is ORDERED, that the motion is granted; and itis further Motionfor Order of Reference - 700777.845 {11561794:I) ORDERED, that this action be, and the same is hereby referred to , with an office at , telephone number , as Referee to ascertain and compute the amount due to plaintiffs herein for principal, interest, water and sewer rents, if any, insurance premiums, if any, advances to protect the lien of the subject tax lien certificate mentioned in the complaint and to examine and report whether or not the premises should be sold in parcels, and that the Referee make his/her report no later than 60 days of the date of this order and that, except for good cause shown, the plaintiffs shall move for judgment no later than 60 days of the date of the Referee's report; and it isfurther, ORDERED, that upon submission of the Referee's Report, plaintiffs shall pay $250.00 to the Referee as compensation for his/her services, which sum may be recouped as a cost of litigation; and itis further, ORDERED, that the Referee appointed herein is subject to the requirements of Rule 36.2(c) of the Chief Judge, and, ifthe 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 NYCCR Part 36), including, but not limited to, section 36.2(e) ("Disqualifications from appointment"), and section 36.2(d) (" ("Limitations on appointments based upon compensation"), and itis further, ORDERED, that a default judgment in favor of the plaintiffs be granted as to the claim Plaintiffs' described in Complaint herein, and itis further, Motionfor Order of Reference - 700777.845 f11561794;1) ORDERED, the caption be amended to substitute NYCTL 1998-2 TRUST in place and stead of NYCTL 1997-1 TRUST, without prejudice to any of the proceedings heretofore had herein or to be had herein, and itis further, ORDERED, the caption be amended to reflect that the names of defendants "JOHN DOE No.1" 100" through "JOHN DOE No. be severed and stricken from the caption herein and that the action be discontinued as to them, all of the foregoing without prejudice to any of the proceedings heretofore had herein or to be had herein, and the caption hereinafter to read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS NYCTL 1998-2 TRUST, and THE BANK OF NEW YORK as Collateral Agent and Custodian for the NYCTL 1998-2 Trust, Index No.: 703727/18 Plaintiffs, - against - I I I Borough: Queens HERBERT JUDGE JR. AS HEIR AND DISTRIBUTEE Block: 1108 OF THE ESTATE OF THEODORE M. KENNY, Lot: 30 SHONNIECE HOLLAND AS HEIR AND DISTRIBUTEE OF THE ESTATE OF THEODORE M. KENNY, HERBERT JUDGE SR. AS HEIR AND DISTRIBUTEE OF THE ESTATE OF THEODORE M. KENNY, CHRISTINE JUDGE AS HEIR AND DISTRIBUTEE OF THE ESTATE OF THEODORE M. KENNY, UNITED STATES OF AMERICA (EASTERN DISTRICT), NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY TRANSIT ADJUDICATION BUREAU and ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendants. I and itis further, Motionfor Order of Reference - 700777.845 (I156l794;l} ORDERED, that a copy of this Order with Notice of Entry shall be served upon the designated Referee, the owner of the equity of redemption, any tenants named in this action and any other party entitled to notice. ENTER: J.S.C. Motionfor Order of Reference - 700777,845 l]1561794;1}