Motion,Ex Parte: U.S. Bank National Association, As Indenture Trustee, For The Holders Of The Cim Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 v. Amy L. Sherman Aka Amy L. Wooden, Christopher S. Wooden Aka Christophe Wooden, Sterling Jewelers Inc. Dba Kay Outlet, John Doe And Jane Doe

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                                FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM                                                           INDEX NO. 2021-5136
NYSCEF DOC. NO. 26                                                                            RECEIVED NYSCEF: 09/08/2021




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF YATES
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          U.S. BANK NATIONAL ASSOCIATION, AS                                      Index No. 2021-5136
          INDENTURE TRUSTEE, FOR THE HOLDERS OF
          THE CIM TRUST 2017-7, MORTGAGE-BACKED                                   NOTICE OF MOTION FOR A
          NOTES, SERIES 2017-7,                                                   DEFAULT JUDGMENT AND
                                                                                   ORDER OF REFERENCE
                                                                  Plaintiff
                                     -against-                                    Mortgaged Premises
                                                                                  55 West Lake Road Bpt
          AMY L. SHERMAN AKA AMY L. WOODEN;                                       Branchport, New York 14418
          CHRISTOPHER S. WOODEN AKA CHRISTOPHE
          WOODEN; STERLING JEWELERS INC. DBA KAY                                  a/k/a
          OUTLET; "JOHN DOE" and "JANE DOE" said names
          being fictitious, it being the intention of plaintiff to                55 West Lake Road
          designate any and all occupants of premises being                       Branchport, New York 14418
          foreclosed herein,
                                                                                  Section: 83.57
                                                              Defendants          Block: 1
                                                                                  Lot: 30
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                   PLEASE TAKE NOTICE that, upon the affirmation of Juliana Thibaut, Esq., dated

          September 8, 2021, the Affidavit of Sherrilyn Heflin who is Document Control Officer of Select

          Portfolio Servicing, Inc., attorney-in-fact for U.S. Bank National Association, as indenture

          trustee, for the holders of the CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7, duly

          sworn to on August 26, 2021, the exhibits attached thereto, and all prior proceedings in this case,

          the named Plaintiff U.S. Bank National Association, as indenture trustee, for the holders of the

          CIM Trust 2017-7, Mortgage-Backed Notes, Series 2017-7 will move this court on November 8,

          2021 at 9:30AM at the Supreme Court, Yates County, 415 Liberty Street, Penn Yan, NY 14527,

          or as soon thereafter as the parties may be heard, for an order:

          1.      Appointing a Referee to compute the amounts due to Plaintiff, examine whether the

          mortgaged property known as 55 West Lake Road Bpt, Branchport, NY 14418 a/k/a 55 West


                                                        Firm File No. 203165-1




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FILED: YATES COUNTY CLERK 09/08/2021 05:24 PM                                                    INDEX NO. 2021-5136
NYSCEF DOC. NO. 26                                                                       RECEIVED NYSCEF: 09/08/2021




          Lake Road, Branchport, NY 14418 may be sold in parcels, and make his/her computation and

          report with all convenient speed pursuant to RPAPL §1321;

          2.     Removing “John Doe” as a party defendant in this action as no tenants reside at the

          property and amending the caption to reflect the removal of “John Doe” as a party defendant;

          3.     Declaring that all non-appearing and non-answering defendants are in default pursuant to

          CPLR 3215; and

          4.     Such additional relief as this court may deem just and proper.

                 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §2214(b), answering

          papers and notice of cross-motion, with supporting papers, if any, must be served upon the

          undersigned at least seven (7) days prior to the return date of this motion.


          Dated: September 8, 2021
                 New York, New York
                                                         /s/ Juliana Thibaut
                                                         Juliana Thibaut, Esq.
                                                         FRIEDMAN VARTOLO LLP
                                                         Attorneys for Plaintiff
                                                         1325 Franklin Avenue, Suite 160
                                                         Garden City, New York 11530
                                                         T: (212) 471-5100



         TO:

         Amy Wooden
         1640 Lake To Lake Road
         Stanley, NY 14561

         Christopher Wooden
         306 Brown Avenue
         Syracuse, NY 13211



                                                   Firm File No. 203165-1




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