Preview
At Term Part of the Supreme Court of
the State of New York held in and for the
County of CORTLAND located at 46
Greenbush Street, Suite 301, Cortland, NY
13045-2772 at the Courthouse thereof on the
day of ,2015.
PRESENT:
Honorable
Justice
NATIONSTAR MORTGAGE LLC, INDEX NO. EF14-392
Plaintiff,
ORDER OF REFERENCE
-against-
DONALD CARR III; CHASE BANK USA, NA;
ARROW FINANCIAL SERVICES, LLC; STANOIL
USA ONSHORE PROPERTIES, INC,
"JOHN DOE #1" through “JOHN DOE #12,” the last
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premises,
described in the complaint,
Defendant(s).
UPON the Summons, Verified Complaint and Notice of Pendency of action filed herein,
and due proof that all the defendants have been duly served with said Summons, or have
voluntarily appeared in this action, and upon the Affidavits of Service and the Notices of
Appearance if any, annexed hereto or heretofore filed, and upon reading the sworn Affirmation
of Thomas Zegarelli, Esq. of RAS BORISKIN, LLC, counsel for plaintiff, dated December 17,
2014, by reason of certain defaults as alleged in the Complaint, and upon the Plaintiffs Affidavit
in Support by Olumide Jones an Officer for the Plaintiff and sworn to on October 31, 2014 and it
UUACOARRIUOA EU
UAC
14-61151 - WaGfurther appearing that all of the Defendants have been duly served with a copy of the Summons
and Complaint or have appeared herein, copies of such Affidavits of Service being annexed to
the motion and no answer has been interposed by the Defendants though the time so to do has
expired; and it appearing that none of the Defendant[s] is an infant, incompetent or absentee, or
in the military, and that since the filing of the Notice of Pendency of this action on August 11,
2014, the Complaint has not been amended in any manner whatsoever; on the pleadings and
papers heretofore filed herein and no one appearing in opposition hereto, and upon the showing
what proceedings have been had herein, upon the affidavit pursuant to CPLR §3215(g)(3);
NOW ON MOTION of RAS BORISKIN, LLC attorneys for plaintiff, it is
ORDERED that defendants JULIE LAVANCHER be substituted for “John Doe #1” as a
party defendant to this action and that her name be substituted for “John Doe #1” in the caption
of this action; and it is further
ORDERED, that defendant(s) DONALD CARR III, CHASE BANK USA, NA, ARROW
FINANCIAL SERVICES, LLC, STANOIL USA ONSHORE PROPERTIES, INC, and JULIE
LAVANCHER, have not appeared or answered in this matter and are deemed in default; and it is
further
ORDERED, that a default judgment in favor of the Plaintiff be granted as to the claim
described in the Plaintiff's Complaint herein; and it is further
ORDERED, that this action be referred to ;
having an office at
telephone number , as Referee to ascertain and compute the
amount due to the Plaintiff herein for principal, interest, and other disbursements advanced as
provided for by statute and in the Note and Mortgage upon which this action was brought, to
examine and report whether or not the mortgaged premises should be sold in parcels; and it is
further
14-61151 - WaGORDERED, that pursuant to CPLR §8003(a)(the statutory fee of $50.00)(in the
discretion of the court, a fee of $___), shall be paid to the Referee for the computation of the
amount due and upon the filing of his/her report, the Referee shall not request or accept
additional compensation for the computation unless it has been fixed by the court in accordance
with CPLR §8003(b); and it is further
ORDERED 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 provision 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 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 it is further
14-61151 - WaGORDERED that the caption be amended to read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
NATIONSTAR MORTGAGE LLC, INDEX NO. EF14-392
Plaintiff,
-against-
DONALD CARR III; CHASE BANK USA, NA;
ARROW FINANCIAL SERVICES, LLC; STANOIL
USA ONSHORE PROPERTIES, INC and JULIE
LAVANCHER,
"JOHN DOE #2" through “JOHN DOE #12,” the last
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premises,
described in the complaint,
Defendant(s).
ENTER,
Justice
14-61151 - WaG
Preview
At Term Part of the Supreme Court of the State of New York held in and for the County of CORTLAND located at 46 Greenbush Street, Suite 301, Cortland, NY 13045-2772 at the Courthouse thereof on the day of ,2015. PRESENT: Honorable Justice NATIONSTAR MORTGAGE LLC, INDEX NO. EF14-392 Plaintiff, ORDER OF REFERENCE -against- DONALD CARR III; CHASE BANK USA, NA; ARROW FINANCIAL SERVICES, LLC; STANOIL USA ONSHORE PROPERTIES, INC, "JOHN DOE #1" through “JOHN DOE #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s). UPON the Summons, Verified Complaint and Notice of Pendency of action filed herein, and due proof that all the defendants have been duly served with said Summons, or have voluntarily appeared in this action, and upon the Affidavits of Service and the Notices of Appearance if any, annexed hereto or heretofore filed, and upon reading the sworn Affirmation of Thomas Zegarelli, Esq. of RAS BORISKIN, LLC, counsel for plaintiff, dated December 17, 2014, by reason of certain defaults as alleged in the Complaint, and upon the Plaintiffs Affidavit in Support by Olumide Jones an Officer for the Plaintiff and sworn to on October 31, 2014 and it UUACOARRIUOA EU UAC 14-61151 - WaGfurther appearing that all of the Defendants have been duly served with a copy of the Summons and Complaint or have appeared herein, copies of such Affidavits of Service being annexed to the motion and no answer has been interposed by the Defendants though the time so to do has expired; and it appearing that none of the Defendant[s] is an infant, incompetent or absentee, or in the military, and that since the filing of the Notice of Pendency of this action on August 11, 2014, the Complaint has not been amended in any manner whatsoever; on the pleadings and papers heretofore filed herein and no one appearing in opposition hereto, and upon the showing what proceedings have been had herein, upon the affidavit pursuant to CPLR §3215(g)(3); NOW ON MOTION of RAS BORISKIN, LLC attorneys for plaintiff, it is ORDERED that defendants JULIE LAVANCHER be substituted for “John Doe #1” as a party defendant to this action and that her name be substituted for “John Doe #1” in the caption of this action; and it is further ORDERED, that defendant(s) DONALD CARR III, CHASE BANK USA, NA, ARROW FINANCIAL SERVICES, LLC, STANOIL USA ONSHORE PROPERTIES, INC, and JULIE LAVANCHER, have not appeared or answered in this matter and are deemed in default; and it is further ORDERED, that a default judgment in favor of the Plaintiff be granted as to the claim described in the Plaintiff's Complaint herein; and it is further ORDERED, that this action be referred to ; having an office at telephone number , as Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and other disbursements advanced as provided for by statute and in the Note and Mortgage upon which this action was brought, to examine and report whether or not the mortgaged premises should be sold in parcels; and it is further 14-61151 - WaGORDERED, that pursuant to CPLR §8003(a)(the statutory fee of $50.00)(in the discretion of the court, a fee of $___), shall be paid to the Referee for the computation of the amount due and upon the filing of his/her report, the Referee shall not request or accept additional compensation for the computation unless it has been fixed by the court in accordance with CPLR §8003(b); and it is further ORDERED 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 provision 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 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 it is further 14-61151 - WaGORDERED that the caption be amended to read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND NATIONSTAR MORTGAGE LLC, INDEX NO. EF14-392 Plaintiff, -against- DONALD CARR III; CHASE BANK USA, NA; ARROW FINANCIAL SERVICES, LLC; STANOIL USA ONSHORE PROPERTIES, INC and JULIE LAVANCHER, "JOHN DOE #2" through “JOHN DOE #12,” the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s). ENTER, Justice 14-61151 - WaG