Preview
FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019
At a term of Supreme Court ofthe State of
New York held in and for the Countv of lcut ,a 21
rhe t-< u),\ County Courthouse,_
New ork. on th avo f
20
SUPREME COURT OF THE STATE OF NEW YORK
COLTNTY OF LEWIS
PRESENT: Hon.
Wells Fargo Bank, NA,
Plaintiff. ORDEROFREFERENCE
Index No. EFCA2O18-000307
Rrf] Nc. Sa+ aot8. o ls(,
Property Address:
5378 Dayan Street
Amber M. Bishop. Jonathan Q. Bishop, Lowville, NY 13367
'JOHN DOE #1" though and including "JOHN DOE#25',
the defendants last named in quotation marks being intended
to designate tenants or occupants in possession ofthe herein
described premises or portions thereof, if any there be, said
names being fictitious, their true name being unknown to plaintiff,
9
Defendants. L------------------J
T
Plaintiffhaving moved this Court for an Order:
tr striking the answer ofdefendant(s)
and converting each such appearance to a general notice ofappearance
tr pursuant to CPLR $321 5. granting plaintiff default
judgment
tr pursuant to CPLR $3212, granting plaintiff summary
judgment E amending the caption to
g delete defendant(s) "John Doe #2 through and in c lud ins John Doe #25"
g Substitute the names of "Ryan Pratt" for defendant "John Doe # I "
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FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019
tr other
g pwsuant to RPAPL $ 1321, appointing a Referee to compute the sums due plaintiff
on the
Note and Mortgage
other Ispecify]
NOW, upon plaintiffs tr ex parte application or M motion heard on May 24.2019 at
which time tr plaintiff /tr defendant appeared, or M no appearances were required, and upon
the Summons and Complaint and proofthat all defendants have been served, and upon proofthat
the time for all defendant(s) to answer or appear has expired, and upon the:
l) affidavit of Janneika Drrncan dated Anril l0 .2019
u'ith Exhibits annexed;
2) affirmation of Edward Wiener af limed on April 22,
2019
with Exhibits A through P annexed: hereto
, other [speci!]
it ishereby
ORDERED that the plaintiff s motion:
g for a defaultjudgment pursuant to CPLR $ 3215 and RPAPL $ 1321 is
granted;
tr to strike defendant(s)' answer and for summaryjudgment pursuant to CPLR
$3212 isgranted;
tr other [specify]
and it is further
ORDERED that the caption of this action is amended to
g delete the names ofdefendants "John Doe #2 through and including Joho
Doe #25"
g substitute the name of Ryan Pratt fordefendant JohnDoe#1
other Ispecify ]
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FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019
and it is further
ORDERED that the caption of this action as amended shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LEWIS
X
Wells Fargo Bank. NA, Index No. EFCA2018-
000307
Plaintiff.
RIINo. glul aO6 _OtS6
-against-
Amber M. Bishop, Jonathan Q. Bishop, Ryan
Pratt,
Defendants.
x
and it is further
ORDEREDthat
Name: rt\ {. (Il" Esq.
Address: o. g 7 Shr.<
r
e Cr,4)
L
33o
Telephone: 3/f
is hereby appointed Referee to ascertain, compute and report the total amount due to plaintiff for
unpaid principal, accrued interest and all reasonable mortgage costs and expenses other than
attorneys' fees secured by the Note and Mortgage sued upon and set lorth in the Complaint, and
to examine and report as to whether the mortgaged premises should be sold in one parcel. The
Referee shall not be required to notice or conduct a hearing and the plaintiff may submit to the
Referee its proof by affidavit; and it is further
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FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019
ORDERED that by accepting this appointment the Referee certifies that helshe is in
compliance with Part 36 of the Rules of the Chief Judge (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 upon compensation"); and it is further
ORDERED that pursuant to CPLR 98003(a), in the discretion ofthe Court, the Referee
shall be paid a fee of$250.00 upon the filing ofthe Report ofthe Referee computing the amount
due to plaintiff; and it is further
ORDERED that during the pendency ofthis action. ilany interest in the Note and/or
Mortgage that is the subject ofthis action has been or is transferred, the person or entity to whom
the interest has been or is transferred shall apply to the Court within thirty (30) days ofthe
transfer to be substituted orjoined in this action pursuant to CPLR $I 0l 8; and it is further
ORDERED that the Referee shall file his/her Repod on or before
and it is further
ORDERED that on or before the plaintiff shall submit as
appropriate a Motion or an Ex Parte application in compliance with all legal and administrative
requirements fora Judgment of Foreclosure and Sale; and it is further
ORDERED that in the event plaintiff fails to timely submit the required Motion or Ex
Parte application for a Judgment ofForeclosure and Sale, in its discretion, the Court may either
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FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019
(l) strike all interest accruing on the loan as ofthe subject date together with any and all late
fees, penalties, property inspection fees and preservation cosls; or (2) dismiss the action for
plaintiff s failure to comply with the Court's deadline (see Andrea v. Arnone, Hedin, Casker,
Kennedy & Drake, 5 NY3d 514 (2005).
out"a,$*---,ll2o2f
5 C. rt
f",n / J.S.C.
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FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019
Index No. EFCA2Ol 8-000307
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LEWIS
Wells Fargo Bank, NA.
Plaintifl
- against -
Amber M. Bishop, Jonathan Q. Bishop,
e1 al.,
Def'endants.
DEFAULT JUDGMENT AND
ORDER OF REFERENCE
Stein, Wiener & Roth, L.L.P.
Attomeys for Plaintiff
One Old Country Road, Suite 113
Carle Place, New York 11514
(516) 742-1212
749331WELLS
To
Attomey(s) lor Defendant
Service ofa copy ofthe within
Dated April 22,2079,
Attomevs for Plaintiff
Compliance with Rule 130-1.1a
Edward Wiener. Esq.
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Preview
FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019 At a term of Supreme Court ofthe State of New York held in and for the Countv of lcut ,a 21 rhe t-< u),\ County Courthouse,_ New ork. on th avo f 20 SUPREME COURT OF THE STATE OF NEW YORK COLTNTY OF LEWIS PRESENT: Hon. Wells Fargo Bank, NA, Plaintiff. ORDEROFREFERENCE Index No. EFCA2O18-000307 Rrf] Nc. Sa+ aot8. o ls(, Property Address: 5378 Dayan Street Amber M. Bishop. Jonathan Q. Bishop, Lowville, NY 13367 'JOHN DOE #1" though and including "JOHN DOE#25', the defendants last named in quotation marks being intended to designate tenants or occupants in possession ofthe herein described premises or portions thereof, if any there be, said names being fictitious, their true name being unknown to plaintiff, 9 Defendants. L------------------J T Plaintiffhaving moved this Court for an Order: tr striking the answer ofdefendant(s) and converting each such appearance to a general notice ofappearance tr pursuant to CPLR $321 5. granting plaintiff default judgment tr pursuant to CPLR $3212, granting plaintiff summary judgment E amending the caption to g delete defendant(s) "John Doe #2 through and in c lud ins John Doe #25" g Substitute the names of "Ryan Pratt" for defendant "John Doe # I " 1 1 of 6 FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019 tr other g pwsuant to RPAPL $ 1321, appointing a Referee to compute the sums due plaintiff on the Note and Mortgage other Ispecify] NOW, upon plaintiffs tr ex parte application or M motion heard on May 24.2019 at which time tr plaintiff /tr defendant appeared, or M no appearances were required, and upon the Summons and Complaint and proofthat all defendants have been served, and upon proofthat the time for all defendant(s) to answer or appear has expired, and upon the: l) affidavit of Janneika Drrncan dated Anril l0 .2019 u'ith Exhibits annexed; 2) affirmation of Edward Wiener af limed on April 22, 2019 with Exhibits A through P annexed: hereto , other [speci!] it ishereby ORDERED that the plaintiff s motion: g for a defaultjudgment pursuant to CPLR $ 3215 and RPAPL $ 1321 is granted; tr to strike defendant(s)' answer and for summaryjudgment pursuant to CPLR $3212 isgranted; tr other [specify] and it is further ORDERED that the caption of this action is amended to g delete the names ofdefendants "John Doe #2 through and including Joho Doe #25" g substitute the name of Ryan Pratt fordefendant JohnDoe#1 other Ispecify ] 2 2 of 6 FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019 and it is further ORDERED that the caption of this action as amended shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LEWIS X Wells Fargo Bank. NA, Index No. EFCA2018- 000307 Plaintiff. RIINo. glul aO6 _OtS6 -against- Amber M. Bishop, Jonathan Q. Bishop, Ryan Pratt, Defendants. x and it is further ORDEREDthat Name: rt\ {. (Il" Esq. Address: o. g 7 Shr.< r e Cr,4) L 33o Telephone: 3/f is hereby appointed Referee to ascertain, compute and report the total amount due to plaintiff for unpaid principal, accrued interest and all reasonable mortgage costs and expenses other than attorneys' fees secured by the Note and Mortgage sued upon and set lorth in the Complaint, and to examine and report as to whether the mortgaged premises should be sold in one parcel. The Referee shall not be required to notice or conduct a hearing and the plaintiff may submit to the Referee its proof by affidavit; and it is further l 3 of 6 FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019 ORDERED that by accepting this appointment the Referee certifies that helshe is in compliance with Part 36 of the Rules of the Chief Judge (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 upon compensation"); and it is further ORDERED that pursuant to CPLR 98003(a), in the discretion ofthe Court, the Referee shall be paid a fee of$250.00 upon the filing ofthe Report ofthe Referee computing the amount due to plaintiff; and it is further ORDERED that during the pendency ofthis action. ilany interest in the Note and/or Mortgage that is the subject ofthis action has been or is transferred, the person or entity to whom the interest has been or is transferred shall apply to the Court within thirty (30) days ofthe transfer to be substituted orjoined in this action pursuant to CPLR $I 0l 8; and it is further ORDERED that the Referee shall file his/her Repod on or before and it is further ORDERED that on or before the plaintiff shall submit as appropriate a Motion or an Ex Parte application in compliance with all legal and administrative requirements fora Judgment of Foreclosure and Sale; and it is further ORDERED that in the event plaintiff fails to timely submit the required Motion or Ex Parte application for a Judgment ofForeclosure and Sale, in its discretion, the Court may either 4 4 of 6 FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019 (l) strike all interest accruing on the loan as ofthe subject date together with any and all late fees, penalties, property inspection fees and preservation cosls; or (2) dismiss the action for plaintiff s failure to comply with the Court's deadline (see Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, 5 NY3d 514 (2005). out"a,$*---,ll2o2f 5 C. rt f",n / J.S.C. 5 5 of 6 FILED: LEWIS COUNTY CLERK 06/21/2019 11:47 AM INDEX NO. EFCA2018-000307 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/21/2019 Index No. EFCA2Ol 8-000307 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LEWIS Wells Fargo Bank, NA. Plaintifl - against - Amber M. Bishop, Jonathan Q. Bishop, e1 al., Def'endants. DEFAULT JUDGMENT AND ORDER OF REFERENCE Stein, Wiener & Roth, L.L.P. Attomeys for Plaintiff One Old Country Road, Suite 113 Carle Place, New York 11514 (516) 742-1212 749331WELLS To Attomey(s) lor Defendant Service ofa copy ofthe within Dated April 22,2079, Attomevs for Plaintiff Compliance with Rule 130-1.1a Edward Wiener. Esq. 6 of 6