Preview
At Part of the Supreme Court held
in the County of CHAUTAUQUA at the
Courthouse thereof, on the
day of , 2018.
PRESENT:
JUSTICE OF THE SUPREME COURT
- - - - - - - - - - - - - - - - - - X INDEX NO.
KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER EKl2017001406
WITH FIRST NIAGARA BANK, N.A.
Plaintiff,
ORDER OF REFERENCE
-against- AND DEFAULT JUDGMENT
MORTGAGED
PROPERTY:604 Big Tree
Sugar Grove
Rd.,Jamestown, NY
14701
COUNTY: CHAUTAUQUA
SBL# 436;1;41
AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF JANET
M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M.
FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE
OF JANET M. WARNER A/K/A JANET MARILYN WARNER, MOLLY
J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE
ESTATE OF JANET M. WARNER A/K/A JANET MARILYN
WARNER, BRUCE W. BARKER AS POSSIBLE HEIR AND
DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A
JANET MARILYN WARNER, ELIZABETH A. BARKER AS
POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET
M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON
AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF
JANET M. WARNER A/K/A JANET MARILYN WARNER, UNITED
STATES OF AMERICA (WESTERN DISTRICT), PEOPLE OF THE
STATE OF NEW YORK, MARINE MIDLAND BANK, N.A.,
CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A
DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC,
SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION,
#1" #20,"
"JOHN DOE through "JOHN DOE the last
twenty 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
â€
the premises, described in the complaint,
Defendants.
- - - - - - - - - - - - - - - - - - X
UPON the Summons, Complaint, and Notice of Pendency filed in this
action on October 31,2017, the Notice of Pendency re-filed on March 23,
2018, the affirmation of Quies Sakhizada an associate of Stagg, Terenzi,
Confusione & Wabnik, LLP and the exhibits annexed thereto, the affidavit of
merit and amount due by Irena Karovski who is the Banking Officer of
KeyBank, National Association, duly sworn to on April 17, 2018 together
with the exhibits attached thereto, and all prior papers filed in this
action and prior proceedings had herein; and
UPON proof that each of the defendants herein has been duly served
with the Summons and Complaint in this action and required notices; and
UPON a Notice of Appearance by United States of America (Western
District)
AND the court having held a mandatory settlement conference pursuant
to CPLR 3408:
a. Plaintiff attended a settlement conference on February 21, 2018
but the defendant mortgagors failed to appear and the case was
released from the settlement conference part;
AND it appearing that the mortgagors are not residents of the
property subject to foreclosure;
AND it appearing that AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF
IANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE
HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN
WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF
JANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE
HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN
WARNER, ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE
OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE
HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN
WARNER, ~ PEOPLE OF THE STATE OF NEW YORK, ~ MARINE MIDLAND BANK, ~ N.A.,
CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL
SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION, United
States of America (Western District)time to answer the complaint has
expired; and
AND it appearing to the satisfaction of this court that this action
was brought to foreclose a mortgage on real property located at 604 Big
Tree Sugar Grove Road in the County of CHAUTAUQUA, State of New York
[Section 436, Block 1 , Lot 41],
NOW, on motion by Stagg, Terenzi, Confusione & Wabnik, LLP, attorney
for the Plaintiff, it is hereby
ORDERED that defendant The Estate of Janet M. Warner is determined to
be in default; and it is further
ORDERED that with an address of
, is hereby appointed Referee, in accordance with
RPAPL 5 1321, to compute the amount due to Plaintiff and to examine whether
the mortgaged property may be sold in parcels; and it is further
ORDERED that the Referee make his/her computation and report with all
convenient speed; and it is further
ORDERED that, if necessary, the Referee may take testimony pursuant
to RPAPL §1321; 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
NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualifications
from ("
appointment"), and §36.2 (d) ("Limitations on appointments based upon
compensation"), and, if the Referee is disqualified from receiving an
appointment pursuant to the provisions of that Rule, the Referee shall
immediately notify the Appointing Judge; and it is further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $50.00,
and 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 and 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(a); and it is further
ORDERED that the Referee is prohibited from accepting or retaining
any funds for him/herself or paying funds to him/herself without compliance
with Part 36 of the Rules of the Chief Administrative Judge; and it is
further
#1"
ORDERED that defendants captioned as "JOHN DOE through "JOHN DOE
420,"
not having been served with copies of the summons and verified
complaint, are neither necessary nor proper party defendants and their
name(s) are hereby stricken from the caption of this action; and it is
further
ORDERED that the caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
----- ------------------------------X INDEX NO. EKl2017001406
KEYBANK, ~ NATIONAL ASSOCIATION SUCCESSOR
BY MERGER WITH FIRST NIAGARA BANK, N.A.
Plaintiff,
MORTGAGED PROPERTY:
604 Big Tree Sugar Grove Rd.,
Jamestown, NY 14701
COUNTY: CHAUTAUQUA
SBL#: 436; 1; 41
-against-
AMY L. MORRISON AS EXECUTRIX OF THE
ESTATE OF IANET M. WARNER A/K/A JANET
MARILYN WARNER, ALLISON M. FUTCH AS
POSSIBLE HEIR AND DISTRIBUTEE OF THE
ESTATE OF JANET M. WARNER A/K/A IANET
MARILYN WARNER, MOLLY J. MATHIS AS
POSSIBLE HEIR AND DISTRIBUTEE OF THE
ESTATE OF JANET M. WARNER A/K/A JANET
MARILYN WARNER, BRUCE W. BARKER AS
POSSIBLE HEIR AND DISTRIBUTEE OF THE
ESTATE OF IANET M. WARNER A/K/A IANET
MARILYN WARNER, ELIZABETH A. BARKER
AS POSSIBLE HEIR AND DISTRIBUTEE OF
THE ESTATE OF JANET M. WARNER A/K/A
IANET MARILYN WARNER, ROBERT A. LYON
AS POSSIBLE HEIR AND DISTRIBUTEE OF
THE ESTATE OF JANET M. WARNER A/K/A
JANET MARILYN WARNER, UNITED STATES OF
AMERICA (WESTERN DISTRICT), ~ PEOPLE OF
THE STATE OF NEW YORK, MARINE MIDLAND
BANK, ~ N.A., ~ CHRYSLER FINANCIAL SERVICES
AMERICAS LLC F/K/A DAIMLER CHRYSLER
FINANCIAL SERVICES AMERICAS LLC, ~
SOUTHERN CHAUTAUQUA FEDERAL CREDIT
UNION,
Defendants.
--------------------------------------X
And it is further
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry
on all parties and persons entitled to notice, including the Referee
appointed herein.
This constitutes the decision and order of the court.
DATED:
ENTER:
J.S.C.
Index No. EK2017001406
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
KEYBANK, N.A.
Plaintiff,
-against-
THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER , ET AL.,
Defendants.
PROPOSED ORDER
STAGG, TERENZI, CONFUSIONE 4 WABNIK, LLP
AITORNEYS forPLAINTIFF
Office
VllBA &
la Post
1 V31Office
Vlll44f1uulCD3
Address
401 FRANKLIN AVENUE
SUITE 300
GARDEN CITY, NEW YORK 11530
(516)812-4500
FACSIM LE NO. (516) 812-4600
(
'
Rule 130-1.1a .
QUIES SAKHIZADA
Servicea copy of the within is herebyadmitted
Dated,
Attorney(s)for .....................................
Please takenotice
NOTICE OF ENTRY
thatthe withinis a (certified)
truecopy of a duly enteredin the office
of the clerk
of the within
named courton
NOTICE OF SETTLEMENT
thatan order of whichthe withinis a true
copy willbe presented
for settlement
to the HON. one of the judges
of the
withinCourt, at
Dated,
Yours, etc.
STAGG, TERENZI, CONFUSIONE & WABNIK, LLP
ATTORNEY(S) forPLAINTIFF
Office& Post Office
Address
401 FRANKLIN AVENUE
SUITE 300
GARDEN CITY, NEW YORK 11530
(516) 812-4500
FACSIMILE NO. (516)812-4600
To
Attorney(s)for
Preview
At Part of the Supreme Court held in the County of CHAUTAUQUA at the Courthouse thereof, on the day of , 2018. PRESENT: JUSTICE OF THE SUPREME COURT - - - - - - - - - - - - - - - - - - X INDEX NO. KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER EKl2017001406 WITH FIRST NIAGARA BANK, N.A. Plaintiff, ORDER OF REFERENCE -against- AND DEFAULT JUDGMENT MORTGAGED PROPERTY:604 Big Tree Sugar Grove Rd.,Jamestown, NY 14701 COUNTY: CHAUTAUQUA SBL# 436;1;41 AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, UNITED STATES OF AMERICA (WESTERN DISTRICT), PEOPLE OF THE STATE OF NEW YORK, MARINE MIDLAND BANK, N.A., CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION, #1" #20," "JOHN DOE through "JOHN DOE the last twenty 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, Defendants. - - - - - - - - - - - - - - - - - - X UPON the Summons, Complaint, and Notice of Pendency filed in this action on October 31,2017, the Notice of Pendency re-filed on March 23, 2018, the affirmation of Quies Sakhizada an associate of Stagg, Terenzi, Confusione & Wabnik, LLP and the exhibits annexed thereto, the affidavit of merit and amount due by Irena Karovski who is the Banking Officer of KeyBank, National Association, duly sworn to on April 17, 2018 together with the exhibits attached thereto, and all prior papers filed in this action and prior proceedings had herein; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action and required notices; and UPON a Notice of Appearance by United States of America (Western District) AND the court having held a mandatory settlement conference pursuant to CPLR 3408: a. Plaintiff attended a settlement conference on February 21, 2018 but the defendant mortgagors failed to appear and the case was released from the settlement conference part; AND it appearing that the mortgagors are not residents of the property subject to foreclosure; AND it appearing that AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF IANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ~ PEOPLE OF THE STATE OF NEW YORK, ~ MARINE MIDLAND BANK, ~ N.A., CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION, United States of America (Western District)time to answer the complaint has expired; and AND it appearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 604 Big Tree Sugar Grove Road in the County of CHAUTAUQUA, State of New York [Section 436, Block 1 , Lot 41], NOW, on motion by Stagg, Terenzi, Confusione & Wabnik, LLP, attorney for the Plaintiff, it is hereby ORDERED that defendant The Estate of Janet M. Warner is determined to be in default; and it is further ORDERED that with an address of , is hereby appointed Referee, in accordance with RPAPL 5 1321, to compute the amount due to Plaintiff and to examine whether the mortgaged property may be sold in parcels; and it is further ORDERED that the Referee make his/her computation and report with all convenient speed; and it is further ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321; 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 NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualifications from (" appointment"), and §36.2 (d) ("Limitations on appointments based upon compensation"), and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and 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 and 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(a); and it is further ORDERED that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further #1" ORDERED that defendants captioned as "JOHN DOE through "JOHN DOE 420," not having been served with copies of the summons and verified complaint, are neither necessary nor proper party defendants and their name(s) are hereby stricken from the caption of this action; and it is further ORDERED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA ----- ------------------------------X INDEX NO. EKl2017001406 KEYBANK, ~ NATIONAL ASSOCIATION SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A. Plaintiff, MORTGAGED PROPERTY: 604 Big Tree Sugar Grove Rd., Jamestown, NY 14701 COUNTY: CHAUTAUQUA SBL#: 436; 1; 41 -against- AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF IANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A IANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF IANET M. WARNER A/K/A IANET MARILYN WARNER, ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A IANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, UNITED STATES OF AMERICA (WESTERN DISTRICT), ~ PEOPLE OF THE STATE OF NEW YORK, MARINE MIDLAND BANK, ~ N.A., ~ CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, ~ SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION, Defendants. --------------------------------------X And it is further ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein. This constitutes the decision and order of the court. DATED: ENTER: J.S.C. Index No. EK2017001406 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA KEYBANK, N.A. Plaintiff, -against- THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER , ET AL., Defendants. PROPOSED ORDER STAGG, TERENZI, CONFUSIONE 4 WABNIK, LLP AITORNEYS forPLAINTIFF Office VllBA & la Post 1 V31Office Vlll44f1uulCD3 Address 401 FRANKLIN AVENUE SUITE 300 GARDEN CITY, NEW YORK 11530 (516)812-4500 FACSIM LE NO. (516) 812-4600 ( ' Rule 130-1.1a . QUIES SAKHIZADA Servicea copy of the within is herebyadmitted Dated, Attorney(s)for ..................................... Please takenotice NOTICE OF ENTRY thatthe withinis a (certified) truecopy of a duly enteredin the office of the clerk of the within named courton NOTICE OF SETTLEMENT thatan order of whichthe withinis a true copy willbe presented for settlement to the HON. one of the judges of the withinCourt, at Dated, Yours, etc. STAGG, TERENZI, CONFUSIONE & WABNIK, LLP ATTORNEY(S) forPLAINTIFF Office& Post Office Address 401 FRANKLIN AVENUE SUITE 300 GARDEN CITY, NEW YORK 11530 (516) 812-4500 FACSIMILE NO. (516)812-4600 To Attorney(s)for