Preview
At Part ____ of the Supreme Court held in
the County of Madison, at the Madison
County Courthouse thereof, on the ___day
of _______________, 2021.
PRESENT: _Honorable Donald F. Cerio Jr._____
JUSTICE OF THE SUPREME COURT
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STEVEN DAILEY AND YVETTE DAILEY INDEX NO.: EFE2021-1083
Plaintiff(s), ORDER OF REFERENCE AND
DEFAULT JUDGMENT
v.
CHRISTOPHER WILLIAM SANTILLI, MIA MORTGAGED PROPERTY: 5959
MARIE SANTILLI, ONEIDA HEALTHCARE Lynch Road, Munnsville
CENTER, ACCESS FEDERAL CREDIT COUNTY:MADISON
UNION, STATE OF NEW YORK, SBL #:
SYNCHRONY BANK; and :”JOHN DOE” and
“JANE DOE” said names being fictious. Mortgage Servicer:NONE
Defendant(s). Mortgage Servicer Phone #:
----------------------------------------------------------------X
UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 8TH
day of January, 2021, the affirmation of Scott Bielicki, Esq., and the exhibits annexed thereto,
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 Oneida Healthcare Center and Access Federal Credit
Union;
AND the court having held a mandatory settlement conference pursuant to
CPLR 3408:
a. A settlement was not reached and the case was released from the settlement
Rev. 11/20
conference part on June 16 2021.
AND it appearing that the defendant(s)/ mortgagor(s) is/are not resident(s) of the
property subject to foreclosure;
AND it appearing that Christopher William Santilli, Mia Marie Santilli, State of New
York, and Synchrony Bank, Oneida Health Care Center and Access Federal Credit Union 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 5959 Lynch Road, Munsville, NY, in the County of
Madison, State of New York,
NOW, on motion by Scott Bielicki, Esq. attorney for the Plaintiff, it is hereby
ORDERED that defendant(s) Christopher William Santilli, Mia Marie Santilli, State of
New York, and Synchrony Bank, Oneida Health Care Center and Access Federal Credit Union
are determined to be in default; and it is further
ORDERED that _______________ with an address of ______________________, is
hereby appointed Referee, in accordance with RPAPL §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
Rev. 11/20
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 $350.00, 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
ORDERED that “John Doe” be removed as a party defendant in this action as no
occupants reside at the property and the caption of this action be amended to reflect the removal
of “John Doe” as a party defendant; and it is further
ORDERED that Christopher William Santilli, Mia Marie Santilli, State of New York, and
Synchrony Bank, Oneida Health Care Center and Access Federal Credit Union be substituted into
the caption in the place and stead of Plaintiff, and, following such substitution, that the Clerk of
the Court amend the docket and electronic docket accordingly; and it is further
ORDERED that the caption shall read as follows:
Rev. 11/20
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF
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Plaintiff(s),
STEVEN and YVETTE DAILEY INDEX NO:
v. MORTGAGED PROPERTY:
COUNTY:
Christopher William Santilli, Mia Marie Santilli, SBL#:
State of New York, and Synchrony Bank, Oneida
Health Care Center and Access Federal Credit
Union
Defendant(s).
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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.
Rev. 11/20
Preview
At Part ____ of the Supreme Court held in the County of Madison, at the Madison County Courthouse thereof, on the ___day of _______________, 2021. PRESENT: _Honorable Donald F. Cerio Jr._____ JUSTICE OF THE SUPREME COURT ----------------------------------------------------------------X STEVEN DAILEY AND YVETTE DAILEY INDEX NO.: EFE2021-1083 Plaintiff(s), ORDER OF REFERENCE AND DEFAULT JUDGMENT v. CHRISTOPHER WILLIAM SANTILLI, MIA MORTGAGED PROPERTY: 5959 MARIE SANTILLI, ONEIDA HEALTHCARE Lynch Road, Munnsville CENTER, ACCESS FEDERAL CREDIT COUNTY:MADISON UNION, STATE OF NEW YORK, SBL #: SYNCHRONY BANK; and :”JOHN DOE” and “JANE DOE” said names being fictious. Mortgage Servicer:NONE Defendant(s). Mortgage Servicer Phone #: ----------------------------------------------------------------X UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 8TH day of January, 2021, the affirmation of Scott Bielicki, Esq., and the exhibits annexed thereto, 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 Oneida Healthcare Center and Access Federal Credit Union; AND the court having held a mandatory settlement conference pursuant to CPLR 3408: a. A settlement was not reached and the case was released from the settlement Rev. 11/20 conference part on June 16 2021. AND it appearing that the defendant(s)/ mortgagor(s) is/are not resident(s) of the property subject to foreclosure; AND it appearing that Christopher William Santilli, Mia Marie Santilli, State of New York, and Synchrony Bank, Oneida Health Care Center and Access Federal Credit Union 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 5959 Lynch Road, Munsville, NY, in the County of Madison, State of New York, NOW, on motion by Scott Bielicki, Esq. attorney for the Plaintiff, it is hereby ORDERED that defendant(s) Christopher William Santilli, Mia Marie Santilli, State of New York, and Synchrony Bank, Oneida Health Care Center and Access Federal Credit Union are determined to be in default; and it is further ORDERED that _______________ with an address of ______________________, is hereby appointed Referee, in accordance with RPAPL §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 Rev. 11/20 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 $350.00, 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 ORDERED that “John Doe” be removed as a party defendant in this action as no occupants reside at the property and the caption of this action be amended to reflect the removal of “John Doe” as a party defendant; and it is further ORDERED that Christopher William Santilli, Mia Marie Santilli, State of New York, and Synchrony Bank, Oneida Health Care Center and Access Federal Credit Union be substituted into the caption in the place and stead of Plaintiff, and, following such substitution, that the Clerk of the Court amend the docket and electronic docket accordingly; and it is further ORDERED that the caption shall read as follows: Rev. 11/20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ----------------------------------------------------------------X Plaintiff(s), STEVEN and YVETTE DAILEY INDEX NO: v. MORTGAGED PROPERTY: COUNTY: Christopher William Santilli, Mia Marie Santilli, SBL#: State of New York, and Synchrony Bank, Oneida Health Care Center and Access Federal Credit Union Defendant(s). ----------------------------------------------------------------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. Rev. 11/20