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DOCKET NO.: UWY-CV17-6035269 SUPERIOR COURT
NEW YORK COMMUNITY BANK J.D. OF WATERBURY
AT WATERBURY
Vv.
HILLSIDE HEIGHTS, LLC; YESHIVA
GEDOLAH OF WATERBURY, INC., et al. APRIL 30, 2019
MOTION FOR DISCHARGE OF RECEIVER
AND RELEASE/CANCELLATION OF RECEIVER'S BOND
Housing Consultants, LLC (“HCL"), in its capacity as court-appointed receiver with
respect to the apartment property (the "Property") located at 120 Hillside Ave./ 117 Pine St.
Waterbury CT and formerly owned by Hillside Heights LLC ("Defendant") and which
Property was the subject of this foreclosure action, joined by the substitute plaintiff Rational
Real Estate VI, LLC (“Rational” and, together with HCL, “Movants”), moves for discharge
of the receivership, release/cancelation of HCL's receivership bond, and distribution of
remaining receivership funds. In support thereof, Movants state as follows.
1 This case (the "Foreclosure"), case docket attached as Exhibit
A hereto), was commenced by the original plaintiff New York Community Bank ("NYCB").
The case sought foreclosure of NYCB’s mortgage on the Property, along with various
ancillary relief, including the appointment of a receiver.
2 Rational was subsequently substituted for NYCB as plaintiff by order granted
on February 6, 2018. (D.E. No. 152.20)
2. By order dated January 16, 2018 (D.E. No. 150.00, Taylor, J.), HCL was
appointed receiver for the Property, subject to filing of a receiver's bond in the amount of
$45,000. A true copy of the Order Appointing Receiver of Rents is attached hereto as
Exhibit B. On January 19, 2018 HCL posted its bond with the Clerk of this Court. See, D.E.
151.00, Exhibit C hereto, and HCL then took control and active management of the
Property.
3 HCL (i) managed and operated the property as receiver from January 19,
2018 through and including April 17, 2018, when title to the Property vested in Rational
by virtue of the running of the last law day set in this foreclosure (see D.E. No. 161.00), !
as well as (ii) continuing thereafter to prosecute collection of unpaid rents for the Property
arising prior to and during the receivership. During the receivership period, HCL worked
assiduously and successfully to increase occupancy and rental income and to ensure that the
Property was properly maintained and managed, that life safety issues were promptly
addressed, and that necessary repairs were timely made. HCL also worked with NYCB and
Rational to ensure that sufficient funds were advanced to cover operating deficits and capital
needs in light of the severely deteriorated condition into which the Property had fallen prior to
the receivership.
4 HCL accounted for all of the income and expenses of the Property by means
of detailed quarterly reports (including rent rolls, check registers, aging/delinquency
reports, general ledgers, income statements, and activity reconciliations) submitted to the
Court and served upon the parties to this case. (D.E. Nos. 165.00, 179.00, 180.00, 192.00
! HCL also continued to manage the Property for Rational after title vested in Rational and until
the Property was sold in December 2018. That latter period was separately accounted for and is
not a subject of this motion.
and 193.00 covering the inception of the receivership through the first quarter of 2019.)
See, Exhibit D (filed reports).
5 The Receiver's reports reflect that during the period of the receivership, a
total of $116,077.34 in income was collected by the Receiver. Total operating expenses of
$145,832.96 were incurred, which included $11,166.75 in management fees paid to HCL in
accordance with the terms of the receivership order.” In addition, the Property incurred
$194,840 in asset preservation expenses attributable to pre-vesting work and/or contracts,
for total expenses of $340,672.96. $224,291.23 of the shortfall in income compared to
expenses was made up for by advances from the mortgagee. A small balance --$564.61--
remains in the receiver’s account, which the Receiver proposes to use defray the cost of
bringing this motion, with any remainder to be returned to the mortgagee on account of its
advances.
6 HCL has fully and faithfully discharged its functions as Receiver of the
Property. Accordingly, HCL now requests that this Court enter an order discharging HCL as
receiver for the Property, authorizing cancellation/release of the $45,000 bond covering the
receivership, and authorizing distribution of the $564.6 lremaining in the receiver’s account.
WHEREFORE, HCL, joined by Rational, prays that the foregoing motion for discharge
> The amount of the management fee earned was based, consistent with the order of appointment,
on the monthly minimum management fee of $3500 of gross collections, together with the state
sales tax thereon. (Technically, HCL could have charged for four (4) months (i.e., January through
April 2018), but did not do so given that two of the months in the receivership were partial, ‘stub’
months.)
of the Receiver, cancelation/release of the receiver's bond, and distribution of funds remaining
in the receivership, be granted.
Dated at New Haven, Connecticut this 30th day of April 2019.
THE RECEIVER and
THE SUBSTITUTE PLAINTIFF
By /s/ James C. Graham
James C. Graham
Neubert, Pepe & Monteith, P.C.
195 Church Street, 13" Floor
New Haven, CT 06510-2026
Telephone No. (203) 821-2000
Juris Number 407996
CERTIFICATE OF SERVICE
I certify that a copy of this document and accompanying exhibits was or will immediately
be delivered electronically on April 30, 2019 to all attorneys and self-represented parties of
record, and that consent for electronic delivery was received from all attorneys and self-
represented parties receiving electronic delivery.
Sent only by email to: dbraunstein@sssattorneys.com
Slavin, Stauffacher & Scott, LLC
P.O. Box 9
Watertown, CT 06795
Representing Hillside Heights, LLC, Yeshiva Gedolah of Waterbury, Inc.
Sent only by email to: kmayhew@mdmc-law.com
McElroy, Deutsch, Mulvaney & Carpenter
30 Jelliff Lane
Southport, CT 06490
Representing Sirius XM Radio, Inc.
Sent only by email to: corpcounsel@waterburyct.org
Waterbury Corporation Counsel
235 Grand Street, 3‘ Floor
Waterbury, CT 06702
Representing City of Waterbury
Sent only by email to: camille.smith@alston.com
Camille Allison Smith
One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309
Representing T Mobile Northeast, LLC
Sent only by email to: michael@housingconsultantsllc.com
Michael Grant
Housing Consultants, LLC
365 Ledyard Street
Hartford, CT 06114
Receiver
/s/ James C. Graham
James C. Graham
NEUBERT, PEPE & MONTEITH, P.C
EXHIBIT A
Case Detail - UW Y-CV 1 /-0U35209-S Page | ot /
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Superior Court Case Look-up 6035269-S NEW YORK COMUNITY BANK v. HILLSIDE HEIGHTS, LLC Et Al
CivilFamily
Housing Prefix/Suffix: [none] Case Type: POO File Date: 06/20/2017 Return Date: 06/27/2017
‘Small Claims Case Detail Notices History Scheduled Court Dates [E-Services Login [Screen Section Help >
Attomey/Fiem Juris Number Look-up Pending Foreclosure Sales Is fo receive an email when there is activi on this case, click here, oe
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By Property Address Case Information
Short Calendar Look-up Case Type: P00 - Property - Foreclosure
By Court Location Court Location: WATERBURY JD
By Attorney/Firm Juris Number Property Address: 120 Hillside Avenue aka 117 Pine Street, Waterbury, CT 06710
Motion to Seal or Close List Type: REMOVED FROM TRIAL LIST (00)
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Contact Us Party & Appearance Information
No
Re. Party Fee Gategory
os Party
P01 NEW YORK COMUNITY BANK Plaintiff
ses Oe oy REMOVED
P-02 RATIONAL REAL ESTATE VI, LLV Plaintiff -
Comments ‘Attorney: NEUBERT PEPE & MONTEITH PC (407996) File Date: 02/05/2018] Substituted
195 CHURCH ST
43TH FLOOR
NEW HAVEN, CT 06510
D-01 HILLSIDE HEIGHTS, LLC Defendant
‘Attorney: & SLAVIN STAUFFACHER & SCOTT LLC (058730) File Date: 06/30/2017]
P.O, BOX9
WATERTOWN, CT 06795
D-02 YESHIVA GEDOLAH OF WATERBURY, INC. Defendant
‘Attorney: & SLAVIN STAUFFACHER & SCOTT LLC (058730) File Date: 06/30/2017]
P.O. BOX9
WATERTOWN, CT 06795
D-03 ‘T-MOBILE NORTHEAST, LLC Defendant
‘Attorney: & CAMILLE ALLISON SMITH (437964) File Date, 08/01/2017|
ONE ATLANTIC CENTER
1201 WEST PEACHTREE ST.
ATLANTA, GA 303093424
D-04 SIRIUS XM RADIO, INC. Defendant
REMOVED
D-05 CITY OF WATERBURY Defendant
‘Attorney: @ WATERBURY CORPORATION COUNSEL (066300) File Date: 07/05/2017]
235 GRAND STREET
3RD FLOOR
WATERBURY, CT 06702
0-01 MICHAEL GRANT. Receiver
Self-Rep: 365 LEDYARD ST File Date: 01/29/2018]
HARTFORD, CT 06114
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Motions / Pleadings/ Documents / Case Status
intry ate Filed Description
No Argqui
By
06/20/2017 P summons [7
06/20/2017 P COMPLAINT &
06/20/2017 P ADDITIONAL PARTIES PAGE &
06/29/2017 D APPEARANCE
‘Appearance
06/30/2017 D APPEARANCI
‘Appearance:
07/05/2017 D APPEARANCE 6
‘Appearance
08/01/2017 D APPEARANCE &
‘Appearance
01/29/2018 APPEARANCE
100.30 06/20/2017 P RETURN OF SERVICE No
101.00 06/20/2017 P Lis PENDENS No
102.00 06/20/2017 c FORECLOSURE MEDIATION — INELIGIBLE CASE (NO DOCUMENT) No
103.00 06/30/2017 P MAND FOR DISCLOSURE OF DEFENSE PB 13-19 No
‘As to Appearing Defs. Hillside Heights, LLC, Yeshiva Gedolah of Waterbury,
Inc., & Sirius XM Radio
104.00 06/30/2017 P MOTION FOR DEFAULT -FAILURE TO APPEAR PB 17-20 9 No
as to Defendant T-Mobile Northeast, LLC
105.00 06/30/2017 P MOTION FOR DEFAULT -FAILURE TO APPEAR PB 17-20 & No
as to Defendant City of Waterbury
106.00 07/06/2017 D MOTION FOR EXTENSION OF TIME & No
To Disclose Defense
RESULT: Granted 7/28/2017 HON MARK TAYLOR
108.10 07/28/2017 ORDER No
RESULT: Granted 7/28/2017 HON MARK TAYLOR
107.00 07/10/2017 DISCLOSURE OF NO DEFENSE No
Response to Demand for Disclosure of Defense
108.00 07/10/2017 DEMAND FOR DISCLOSURE OF DEFENSE PB 13-19 [7 No
‘As to the Appearing Defendant City of Waterbury
109.00 07/10/2017 CERTIFICATION OF SERVICE 7 No
of Complaint Exhibits Upon Appearing Parties PER P.B. §10-29
110.00 07/12/2017 ANSWER& No
Defendant Sirius XM Radio, Inc.'s Answer to Complaint
111.00 07/26/2017 MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE & No
[Defendant City of Waterbury]
RESULT: Granted 8/8/2017 HON MARK TAYLOR
111.10 08/08/2017 orper & No
‘RESULT: Granted 8/8/2017 HON MARK TAYLOR
112.00 07/26/2017 MOTION FOR DEFAULT FOR FAILURE TO DISCLOS perense No
[Defendant Sirius XM Radi Inc.
RESULT: Granted 8/8/2017 HON MARK TAYLOR
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142.10 08/08/2017 c orver & No
RESULT: Granted 8/8/2017 HON MARK TAYLOR
113.00 07/26/2017 D MOTION FOR EXTENSION OF TIME TO PLEAD & No
‘RESULT: Granted 8/8/2017 HON MARK TAYLOR
113.10 08/08/2017 c ORDER F No
RESULT: Granted 8/8/2017 HON MARK TAYLOR
4114.00 08/10/2017 P MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE No
as to Hillside Heights LLC
RESULT: Granted 8/28/2017 HON MARK TAYLOR
114.10 08/28/2017 c ORDER & No
RESULT: Granted 8/28/2017 HON MARK TAYLOR
115.00 08/10/2017 P DEMAND FOR DISCLOSURE OF DEFENSE PB 13-19 & No
146.00 08/16/2017 P NOTICE OF SERVICE OF REQUEST FOR ADMISSION PB 13-22 No
upon defendant Yeshiva Gedolah
117.00 08/17/2017 P MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE & No
(as to defendant Yeshiva Gedolah of Waterbury, Inc.)
RESULT: Granted 9/25/2017 HON MARK TAYLOR
147.10 09/25/2017 ic ORDER No
RESULT: Granted 9/25/2017 HON MARK TAYLOR
148.00 08/23/2017 D DISCLOSURE OF NO DEFENSE |? No
119.00 08/29/2017 MOTION FOR DEFAUL’ AILURE TO PLEAD [ No
‘As to Defendant Yeshiva Gedolah of Waterbury, Inc.
RESULT: Denied 9/21/2017 BY THE CLERK
119.10 09/21/2017 c ORDER & No
RESULT: Denied 9/21/2017 BY THE CLERK
120.00 08/31/2017 DISCLOSURE OF NO DEFENSE & No
121.00 09/01/2017 MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE No
‘as to Defendant T-Mobile Northeast, LLC
RESULT: Granted 10/10/2017 HON MARK TAYLOR
121.10 40/10/2017 c orver B No
RESULT: Granted 10/10/2017 HON MARK TAYLOR
122.00 09/01/2017 D answer No
123.00 09/12/2017 D ANSWER AND/OR O JIECTIONS TO REQUEST FOR ADMI IONS PB No
'3-23¢a
124.00 10/25/2017 notice F No
Plaintiff's Notice of Service of Discovery Upon Defendant Hillside Heights
LLC
125.00 10/25/2017 JOTION FOR APPOINTMENT OF TEMPORARY RECEIVER Yes
Plaintiff's Motion for Appointment of Receiver of Rents
126.00 10/25/2017 ArFipavit & No
Affidavit in Support of Plaintiff's Motion for Appointment of Receiver of Rents
127.00 10/26/2017 AMENDMENT [7 No
‘Amended Affidavit in Support of P's Mot. for Appointment of Receiver of
Rents to add Pages 50-60
128.00 1108/2017 OBJECTION TO MOTION No
OBJECTION TO PLAINTIFF'S MOTION FOR APPOINTMENT OF
RECEIVE OF RENTS
429.00 11/28/2017 MOTION FOR, MENT-STRICT Ft B Yes
129.10 01/05/2018 orper & No
RESULT: Granted 1/5/2018 HON MARK TAYLOR
130.00 11/28/2017 P PRELIMINARY STATEMENT OF DEBT [ No
131.00 1205/2017 D opvection No
To Motion for Judgment of Strict Foreclosure
132.00 12/05/2017 D MOTION FOR JUDGMENT OF FORECLOSURE BY SALE [7 Yes
133.00 1208/2017 P ASEFLOW REQUEST (JD-Cv-116) No
(requesting setting of evidentiray hearing for DEs 125.00, 129.00)
RESULT: Granted 12/6/2017 HON MARK TAYLOR
133.10 12/06/2017 orper No
RESULT: Granted 12/6/2017 HON MARK TAYLOR
134.00 12/28/2017 FORECLOSURE WORKSHEET JD-Cv-77 No
Foreclosure Worksheet
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YCV 1760... 4/25/2019
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135.00 12/28/2017 Pp Arripavit & No
‘Statement Re Motions for Default
136.00 12/28/2017 P AFFIDAVIT OF COMPLIANCE WITH EMAP 5? No
Affidavit Re Non-Applicat of C.G.S. Sec 8-265EE
137.00 12/28/2017 P MILITARY AFFIDAVIT & No
Statement Respecting Military Affidavits
138.00 12/28/2017 ExHipits & No
Documents Pertinentto Foreclosure
139.00 12/28/2017 FFIDAVIT OF DEBT & No
Affidavit of Debt
140.00 12/28/2017 APPRAISAL No
‘Affidavit of Appraiser with Appraisal
141.00 12/28/2017 FFIDAVIT RE: ATTORNEY/COUNSEL FEES 57 No
Affidavit of Attomeys Fees
142.00 12/28/2017 moron!FOR ORDER OF COMPLIANCE ~ PB SEC 13-14 (INTERR/PROD. No
vs Hillside Heights for Failure to Respond to Reg, for Production
RESULT: Off 1/24/2018 HON MARK TAYLOR:
142.10 01/24/2018 oRpER B No
RESULT: Off 1/24/2018 HON MARK TAYLOR
143.00 01/05/2018 P PROPOSED ORDER & No
‘appointing receiver of rents
144.00 01/05/2018 c JUDGMENT OF STRICT FORECLOSURE. No
RESULT: HON MARK TAYLOR
145.00 01/10/2018 P STIPULATION > No
Te Pl iff's Motion for Appointment of Receiver and Termination of Prior
Utility Receivershi
RESULT: Order 1/15/2018 HON MARK TAYLOR
145.10 01/15/2018 c ORDER No
RESULT: Order 1/15/2018 HON MARK TAYLOR
146.00 01/10/2018 P WITHDRAWAL OF MOTION & No
(proposed order DE 143.00, to be replaced)
147.00 01/10/2018 P PROPOSED ORDER & No
‘Appointing Receiver of Rents (replacing withdrawn proposed order DE
143.00)
RESULT: Granted 1/16/2018 HON MARK TAYLOR
147.10 01/16/2018 orpeR & No
RESULT: Granted 1/16/2018 HON MARK TAYLOR
Last Updated: Entry Number- 01/18/2018
148.00 01/03/2018 LIST OF EXHIBITS (JD-CL-28/JD-CL-28a) No
149.00 01/17/2018 NOTICE OF COMPLIANCE No
Receivership Stip
150.00 01/16/2018 c ORDER No
151.00 01/19/2018 P BOND No
of Receiver M. Grant and Housing Consultants LLC
152.00 01/19/2018 P MOTION TO SUBSTITUTE PARTY & No
(Rational Real Estate Vi, LLC, assignee of NYCB, as new party plaintif)
RESULT: Granted 2/6/2018 HON MARK TAYLOR
152.10 02/06/2018 c oRDER No
RESULT: Granted 2/6/2018 HON MARK TAYLOR
153,00 01/22/2018 D NOTICE OF COMPLIANCE 5 No
With Plaintif's Discovery
154.00 04/24/2018 MOTION TO OPEN JUDGMENT AND EXTEND THE LAW DAY Yes
14.10 01/29/2018 orper& No
RESULT: Granted 1/29/2018 HON MARK TAYLOR
155.00 01/29/2018 JUDGMENT OPENED AND MODIFIED JUDGMENT ENTERED No
196.00 02/13/2018 MOTION TO compet 5 No
156.10 02/27/2018 oRpeR No
RESULT: Granted 2/27/2018 HON MARK TAYLOR
187.00 02/22/2018 WITHDRAWAL, OF -ACTION AGAINST PARTICULAR DEFENDANT(S) ~ No
Witdrawal as to Sirius XM Radio, only
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Case Detail - UW Y-CV17-6035269-5 Page 5 of 7
158.00 03/12/2018 D NOTICE OF COMPLIANCE No
With Court Order 2/27/18
159.00 03/20/2018 ° OBJECTION No
Receiver's Objection to Defendant's "Notice of Compliance" with Receiver's
Motion to Compel
159.10 04/05/2018 c ORDE! No
‘RESULT: Off 4/5/2018 HON MARK TAYLOR
160.00 03/27/2018 D RepLy [9 No
Reply to Objection (3/20/18) and Motion for Costs
161.00 04/17/2018 P CERTIFICATE No
of Foreclosure (all law days have passed, title vests in plaintiff Rational Real
Estate VI, LLC)
162.00 04/17/2018 P PROPOSED EXECUTION OF EJECTMENT JD-Cv-30 No
as to Hillside Heights, LLC
162.10 05/30/2018 c ORDER& No
RESULT: Granted 5/30/2018 HON MARK TAYLOR
163.00 04/17/2018 P PROPOSED EXECUTION OF EJECTMENT JD-Cv-30 No
as to Yeshiva Gedolah of Waterbury, Inc.
163.10 05/30/2018 c orver & No
RESULT: Granted 5/30/2018 HON MARK TAYLOR
164.00 04/18/2018 D OBJECTION No
To Application and Execution for Ejectment
164.10 05/01/2018 c RDER No
RESULT: Off 5/1/2018 HON MARK TAYLOR
165.00 04/23/2018 ° REPORT OF RECEIVER No
186.00 04/23/2018 P Reply No
to Objection (DE 164) of Deft. Yeshiva to Pitf's Application (DE 163) for
execution of ejectment
167.00 05/01/2018 orper # No
RESULT: Order 5/1/2018 HON MARK TAYLOR
168.00 05/11/2018 MOTION FOR DEFICIENCY JUDGMENT PB 23-19 & Yes
RESULT: Granted 12/6/2018 HON MARK TAYLOR
168.10 12/06/2018 orpeR& No
RESULT: Granted 12/6/2018 HON MARK TAYLOR
169.00 08/18/2018 MOTION FOR SUMMARY JUDGMENT Yes
as to Liability, only, of Yeshiva Gedolah on Count Three of the Complaint
169.10 11/09/2018 orpeR & No
‘RESULT: Denied 11/9/2018 HON MARK TAYLOR
170.00 05/18/2018 MENORANDUM IN SUPPORT OF MOTION & No
for Partial Summary Judgment on Count Three of the Complaint (DE
169.00)
171.00 05/18/2018 arripavit & No
‘of Mare Thomaes in Support of Motion for Partial Summary Judgment (DE
169,00), w/ Exh. A-D
172.00 05/18/2018 ArFipavit 9 No
‘of JC Graham in support of Motion for Partial Summary Judgment (DE
169.00) w/ Exs. 1-14
173.00 05/30/2018 IST OF EXHIBITS (JD-CL-28/JD-CL-28a) No
1474.00 06/27/2018 MEMORANDUM IN OPPOSITION TO MOTION No
Opposition to Motion for Summary Judgment, With Unreported Caselaw and
Affidavits
175,00 07/13/2018 RELIMINARY STATEMENT OF DEBT & No
Plaintiffs P.C. Section 23-19(c) Compliance
176,00 08/15/2018 ASEFLOW REQUEST (JD-Cv-116) No
RESULT: Granted 8/15/2018 HON MARK TAYLOR
176.10 08/15/2018 ORDER & No
RESULT: Granted 6/15/2018 HON MARK TAYLOR
177.00 08/29/2018 BJECTION TO MOTION No
Objection to Motion for Deficiency Judgment
178,00 09/05/2018 IST OF EXHIBITS (JD-CL-28/JD-CL-28a) No
179,00 14101/2018 No
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REPORT OF RECEIVER
Receiver's 2nd Quarter Financial Reports
180.00 14/06/2018 REPORT OF RECEIVER No
Receiver's 3Q Report
181.00 14/09/2018 MEMORANDUM OF Decision & No
182,00 11/28/2018 LIST OF EXHIBITS (JD-CL-28/JD-CL-28a) No
183.00 11/30/2018 NOTICE OF COMPLIANCE [7 No
by Ptf with Court's direction at 11/28 hrg for enumeration of post-vesting
property value enhancers
184.00 11/30/2018 oBJection 9 No
To Notice of Compliance and Request for Argument
185.00 12/06/2018 MEMORANDUM OF DECISION No
186.00 12/20/2018 APPEAL TO APPELLATE COURT No
187.00 01/18/2019 CERTIFICATE OF CLOSED PLEADINGS AND CLAIM FOR TRIAL List No
(as to counts of Complaint not previously disposed of)
188.00 04/02/2019 P MOTION TO OPEN AND VACATE JUDGMENT & No
Plaintiff?s Motion to Open and Vacate Deficiency Judgment Entered on
December 6, 2018
188.10 04/06/2019 c ORDER & No
RESULT: Granted 4/6/2019 HON MARK TAYLOR
189.00 04/06/2019 c REOPEN FINAL JUDGMENT AND MOVE CASE TO PLEADING STATUS No
(KEYPOINT 2)
190.00 04/10/2019 P WITHDRAWAL OF CERTAIN Ci F THE COMPLAINT& No
(as to Count Three - Enforcement of the Guarantee)
191.00 04/10/2019 WITHDRAWAL OF MOTION No
(DE 168.00 - Motion for Deficiency Judgment)
192.00 04/15/2019 REPORT OF RECEIVER & Inew No
2018 4Q inancial Reports
193.00 04/15/2019 REPORT OF RECEIVER © !new No
2019 18tQ Financial Report
‘Scheduled Court Dates as of 04/24/2019
UWY-CV17-6035269-S - NEW YORK COMUNITY BANK v. HILLSIDE HEIGHTS, LLC Et Al
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DOCKET NO.: UWY-CV17-6035269 SUPERIOR COURT NEW YORK COMMUNITY BANK J.D. OF WATERBURY AT WATERBURY Vv. HILLSIDE HEIGHTS, LLC; YESHIVA GEDOLAH OF WATERBURY, INC., et al. APRIL 30, 2019 MOTION FOR DISCHARGE OF RECEIVER AND RELEASE/CANCELLATION OF RECEIVER'S BOND Housing Consultants, LLC (“HCL"), in its capacity as court-appointed receiver with respect to the apartment property (the "Property") located at 120 Hillside Ave./ 117 Pine St. Waterbury CT and formerly owned by Hillside Heights LLC ("Defendant") and which Property was the subject of this foreclosure action, joined by the substitute plaintiff Rational Real Estate VI, LLC (“Rational” and, together with HCL, “Movants”), moves for discharge of the receivership, release/cancelation of HCL's receivership bond, and distribution of remaining receivership funds. In support thereof, Movants state as follows. 1 This case (the "Foreclosure"), case docket attached as Exhibit A hereto), was commenced by the original plaintiff New York Community Bank ("NYCB"). The case sought foreclosure of NYCB’s mortgage on the Property, along with various ancillary relief, including the appointment of a receiver. 2 Rational was subsequently substituted for NYCB as plaintiff by order granted on February 6, 2018. (D.E. No. 152.20) 2. By order dated January 16, 2018 (D.E. No. 150.00, Taylor, J.), HCL was appointed receiver for the Property, subject to filing of a receiver's bond in the amount of $45,000. A true copy of the Order Appointing Receiver of Rents is attached hereto as Exhibit B. On January 19, 2018 HCL posted its bond with the Clerk of this Court. See, D.E. 151.00, Exhibit C hereto, and HCL then took control and active management of the Property. 3 HCL (i) managed and operated the property as receiver from January 19, 2018 through and including April 17, 2018, when title to the Property vested in Rational by virtue of the running of the last law day set in this foreclosure (see D.E. No. 161.00), ! as well as (ii) continuing thereafter to prosecute collection of unpaid rents for the Property arising prior to and during the receivership. During the receivership period, HCL worked assiduously and successfully to increase occupancy and rental income and to ensure that the Property was properly maintained and managed, that life safety issues were promptly addressed, and that necessary repairs were timely made. HCL also worked with NYCB and Rational to ensure that sufficient funds were advanced to cover operating deficits and capital needs in light of the severely deteriorated condition into which the Property had fallen prior to the receivership. 4 HCL accounted for all of the income and expenses of the Property by means of detailed quarterly reports (including rent rolls, check registers, aging/delinquency reports, general ledgers, income statements, and activity reconciliations) submitted to the Court and served upon the parties to this case. (D.E. Nos. 165.00, 179.00, 180.00, 192.00 ! HCL also continued to manage the Property for Rational after title vested in Rational and until the Property was sold in December 2018. That latter period was separately accounted for and is not a subject of this motion. and 193.00 covering the inception of the receivership through the first quarter of 2019.) See, Exhibit D (filed reports). 5 The Receiver's reports reflect that during the period of the receivership, a total of $116,077.34 in income was collected by the Receiver. Total operating expenses of $145,832.96 were incurred, which included $11,166.75 in management fees paid to HCL in accordance with the terms of the receivership order.” In addition, the Property incurred $194,840 in asset preservation expenses attributable to pre-vesting work and/or contracts, for total expenses of $340,672.96. $224,291.23 of the shortfall in income compared to expenses was made up for by advances from the mortgagee. A small balance --$564.61-- remains in the receiver’s account, which the Receiver proposes to use defray the cost of bringing this motion, with any remainder to be returned to the mortgagee on account of its advances. 6 HCL has fully and faithfully discharged its functions as Receiver of the Property. Accordingly, HCL now requests that this Court enter an order discharging HCL as receiver for the Property, authorizing cancellation/release of the $45,000 bond covering the receivership, and authorizing distribution of the $564.6 lremaining in the receiver’s account. WHEREFORE, HCL, joined by Rational, prays that the foregoing motion for discharge > The amount of the management fee earned was based, consistent with the order of appointment, on the monthly minimum management fee of $3500 of gross collections, together with the state sales tax thereon. (Technically, HCL could have charged for four (4) months (i.e., January through April 2018), but did not do so given that two of the months in the receivership were partial, ‘stub’ months.) of the Receiver, cancelation/release of the receiver's bond, and distribution of funds remaining in the receivership, be granted. Dated at New Haven, Connecticut this 30th day of April 2019. THE RECEIVER and THE SUBSTITUTE PLAINTIFF By /s/ James C. Graham James C. Graham Neubert, Pepe & Monteith, P.C. 195 Church Street, 13" Floor New Haven, CT 06510-2026 Telephone No. (203) 821-2000 Juris Number 407996 CERTIFICATE OF SERVICE I certify that a copy of this document and accompanying exhibits was or will immediately be delivered electronically on April 30, 2019 to all attorneys and self-represented parties of record, and that consent for electronic delivery was received from all attorneys and self- represented parties receiving electronic delivery. Sent only by email to: dbraunstein@sssattorneys.com Slavin, Stauffacher & Scott, LLC P.O. Box 9 Watertown, CT 06795 Representing Hillside Heights, LLC, Yeshiva Gedolah of Waterbury, Inc. Sent only by email to: kmayhew@mdmc-law.com McElroy, Deutsch, Mulvaney & Carpenter 30 Jelliff Lane Southport, CT 06490 Representing Sirius XM Radio, Inc. Sent only by email to: corpcounsel@waterburyct.org Waterbury Corporation Counsel 235 Grand Street, 3‘ Floor Waterbury, CT 06702 Representing City of Waterbury Sent only by email to: camille.smith@alston.com Camille Allison Smith One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309 Representing T Mobile Northeast, LLC Sent only by email to: michael@housingconsultantsllc.com Michael Grant Housing Consultants, LLC 365 Ledyard Street Hartford, CT 06114 Receiver /s/ James C. Graham James C. Graham NEUBERT, PEPE & MONTEITH, P.C EXHIBIT A Case Detail - UW Y-CV 1 /-0U35209-S Page | ot / i Seas meonntccrteta (tel Epes i pe ¢ i i Pat: Su dead (Ory merros Be Sain) se a € UWY.cVv17- Superior Court Case Look-up 6035269-S NEW YORK COMUNITY BANK v. HILLSIDE HEIGHTS, LLC Et Al CivilFamily Housing Prefix/Suffix: [none] Case Type: POO File Date: 06/20/2017 Return Date: 06/27/2017 ‘Small Claims Case Detail Notices History Scheduled Court Dates [E-Services Login [Screen Section Help > Attomey/Fiem Juris Number Look-up Pending Foreclosure Sales Is fo receive an email when there is activi on this case, click here, oe Case Look-up By Party Name By Docket Number By Attorney/Firm Juris Number Information Updated as of: 04/25/2019 By Property Address Case Information Short Calendar Look-up Case Type: P00 - Property - Foreclosure By Court Location Court Location: WATERBURY JD By Attorney/Firm Juris Number Property Address: 120 Hillside Avenue aka 117 Pine Street, Waterbury, CT 06710 Motion to Seal or Close List Type: REMOVED FROM TRIAL LIST (00) Calendar Notices Trial List Claim Court Events Look-up Last Action Date: 04/15/2019 (The "last action date" is the date the information was entered in the system) By Date By Docket Number By Attorney/Firm Juris Number Disposition Date: Disposition Information ] Pending Foreclosure Sales Disposition Understanding Judge or Magistrate: Display of Case information Contact Us Party & Appearance Information No Re. Party Fee Gategory os Party P01 NEW YORK COMUNITY BANK Plaintiff ses Oe oy REMOVED P-02 RATIONAL REAL ESTATE VI, LLV Plaintiff - Comments ‘Attorney: NEUBERT PEPE & MONTEITH PC (407996) File Date: 02/05/2018] Substituted 195 CHURCH ST 43TH FLOOR NEW HAVEN, CT 06510 D-01 HILLSIDE HEIGHTS, LLC Defendant ‘Attorney: & SLAVIN STAUFFACHER & SCOTT LLC (058730) File Date: 06/30/2017] P.O, BOX9 WATERTOWN, CT 06795 D-02 YESHIVA GEDOLAH OF WATERBURY, INC. Defendant ‘Attorney: & SLAVIN STAUFFACHER & SCOTT LLC (058730) File Date: 06/30/2017] P.O. BOX9 WATERTOWN, CT 06795 D-03 ‘T-MOBILE NORTHEAST, LLC Defendant ‘Attorney: & CAMILLE ALLISON SMITH (437964) File Date, 08/01/2017| ONE ATLANTIC CENTER 1201 WEST PEACHTREE ST. ATLANTA, GA 303093424 D-04 SIRIUS XM RADIO, INC. Defendant REMOVED D-05 CITY OF WATERBURY Defendant ‘Attorney: @ WATERBURY CORPORATION COUNSEL (066300) File Date: 07/05/2017] 235 GRAND STREET 3RD FLOOR WATERBURY, CT 06702 0-01 MICHAEL GRANT. Receiver Self-Rep: 365 LEDYARD ST File Date: 01/29/2018] HARTFORD, CT 06114 Viewing Documents on Civil, Housing and Small Claims Case: . If there is an ¢* in front of the docket number at the top of this page, then the file is electronic (paperless). + Documents, court orders and judicial notices in electronic (paperless) civil, housing and small claims cases with a return date on or after January 1, 2014 are available publicly over the internet." For more information on what you can view in all cases, view the Electronic Access to Court Documents Quic! ard http://civilinquiry jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=UWYCV 1760... 4/25/2019 Uase Velall - UW Y-U V1 /-0U99 209-5 rage 2 Ol / + For civil cases filed prior to 2014, court orders and judicial notices that are electronic are available publicly over the internet. Orders can be viewed by selecting the link to the order from the list below. 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Motions / Pleadings/ Documents / Case Status intry ate Filed Description No Argqui By 06/20/2017 P summons [7 06/20/2017 P COMPLAINT & 06/20/2017 P ADDITIONAL PARTIES PAGE & 06/29/2017 D APPEARANCE ‘Appearance 06/30/2017 D APPEARANCI ‘Appearance: 07/05/2017 D APPEARANCE 6 ‘Appearance 08/01/2017 D APPEARANCE & ‘Appearance 01/29/2018 APPEARANCE 100.30 06/20/2017 P RETURN OF SERVICE No 101.00 06/20/2017 P Lis PENDENS No 102.00 06/20/2017 c FORECLOSURE MEDIATION — INELIGIBLE CASE (NO DOCUMENT) No 103.00 06/30/2017 P MAND FOR DISCLOSURE OF DEFENSE PB 13-19 No ‘As to Appearing Defs. Hillside Heights, LLC, Yeshiva Gedolah of Waterbury, Inc., & Sirius XM Radio 104.00 06/30/2017 P MOTION FOR DEFAULT -FAILURE TO APPEAR PB 17-20 9 No as to Defendant T-Mobile Northeast, LLC 105.00 06/30/2017 P MOTION FOR DEFAULT -FAILURE TO APPEAR PB 17-20 & No as to Defendant City of Waterbury 106.00 07/06/2017 D MOTION FOR EXTENSION OF TIME & No To Disclose Defense RESULT: Granted 7/28/2017 HON MARK TAYLOR 108.10 07/28/2017 ORDER No RESULT: Granted 7/28/2017 HON MARK TAYLOR 107.00 07/10/2017 DISCLOSURE OF NO DEFENSE No Response to Demand for Disclosure of Defense 108.00 07/10/2017 DEMAND FOR DISCLOSURE OF DEFENSE PB 13-19 [7 No ‘As to the Appearing Defendant City of Waterbury 109.00 07/10/2017 CERTIFICATION OF SERVICE 7 No of Complaint Exhibits Upon Appearing Parties PER P.B. §10-29 110.00 07/12/2017 ANSWER& No Defendant Sirius XM Radio, Inc.'s Answer to Complaint 111.00 07/26/2017 MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE & No [Defendant City of Waterbury] RESULT: Granted 8/8/2017 HON MARK TAYLOR 111.10 08/08/2017 orper & No ‘RESULT: Granted 8/8/2017 HON MARK TAYLOR 112.00 07/26/2017 MOTION FOR DEFAULT FOR FAILURE TO DISCLOS perense No [Defendant Sirius XM Radi Inc. RESULT: Granted 8/8/2017 HON MARK TAYLOR http://civilinquiry jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=UWYCV1760.. 4/25/2019 Case Vetall - UW Y-UV 1 /-0U352Z09-5 vage 3 ot / 142.10 08/08/2017 c orver & No RESULT: Granted 8/8/2017 HON MARK TAYLOR 113.00 07/26/2017 D MOTION FOR EXTENSION OF TIME TO PLEAD & No ‘RESULT: Granted 8/8/2017 HON MARK TAYLOR 113.10 08/08/2017 c ORDER F No RESULT: Granted 8/8/2017 HON MARK TAYLOR 4114.00 08/10/2017 P MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE No as to Hillside Heights LLC RESULT: Granted 8/28/2017 HON MARK TAYLOR 114.10 08/28/2017 c ORDER & No RESULT: Granted 8/28/2017 HON MARK TAYLOR 115.00 08/10/2017 P DEMAND FOR DISCLOSURE OF DEFENSE PB 13-19 & No 146.00 08/16/2017 P NOTICE OF SERVICE OF REQUEST FOR ADMISSION PB 13-22 No upon defendant Yeshiva Gedolah 117.00 08/17/2017 P MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE & No (as to defendant Yeshiva Gedolah of Waterbury, Inc.) RESULT: Granted 9/25/2017 HON MARK TAYLOR 147.10 09/25/2017 ic ORDER No RESULT: Granted 9/25/2017 HON MARK TAYLOR 148.00 08/23/2017 D DISCLOSURE OF NO DEFENSE |? No 119.00 08/29/2017 MOTION FOR DEFAUL’ AILURE TO PLEAD [ No ‘As to Defendant Yeshiva Gedolah of Waterbury, Inc. RESULT: Denied 9/21/2017 BY THE CLERK 119.10 09/21/2017 c ORDER & No RESULT: Denied 9/21/2017 BY THE CLERK 120.00 08/31/2017 DISCLOSURE OF NO DEFENSE & No 121.00 09/01/2017 MOTION FOR DEFAULT FOR FAILURE TO DISCLOSE DEFENSE No ‘as to Defendant T-Mobile Northeast, LLC RESULT: Granted 10/10/2017 HON MARK TAYLOR 121.10 40/10/2017 c orver B No RESULT: Granted 10/10/2017 HON MARK TAYLOR 122.00 09/01/2017 D answer No 123.00 09/12/2017 D ANSWER AND/OR O JIECTIONS TO REQUEST FOR ADMI IONS PB No '3-23¢a 124.00 10/25/2017 notice F No Plaintiff's Notice of Service of Discovery Upon Defendant Hillside Heights LLC 125.00 10/25/2017 JOTION FOR APPOINTMENT OF TEMPORARY RECEIVER Yes Plaintiff's Motion for Appointment of Receiver of Rents 126.00 10/25/2017 ArFipavit & No Affidavit in Support of Plaintiff's Motion for Appointment of Receiver of Rents 127.00 10/26/2017 AMENDMENT [7 No ‘Amended Affidavit in Support of P's Mot. for Appointment of Receiver of Rents to add Pages 50-60 128.00 1108/2017 OBJECTION TO MOTION No OBJECTION TO PLAINTIFF'S MOTION FOR APPOINTMENT OF RECEIVE OF RENTS 429.00 11/28/2017 MOTION FOR, MENT-STRICT Ft B Yes 129.10 01/05/2018 orper & No RESULT: Granted 1/5/2018 HON MARK TAYLOR 130.00 11/28/2017 P PRELIMINARY STATEMENT OF DEBT [ No 131.00 1205/2017 D opvection No To Motion for Judgment of Strict Foreclosure 132.00 12/05/2017 D MOTION FOR JUDGMENT OF FORECLOSURE BY SALE [7 Yes 133.00 1208/2017 P ASEFLOW REQUEST (JD-Cv-116) No (requesting setting of evidentiray hearing for DEs 125.00, 129.00) RESULT: Granted 12/6/2017 HON MARK TAYLOR 133.10 12/06/2017 orper No RESULT: Granted 12/6/2017 HON MARK TAYLOR 134.00 12/28/2017 FORECLOSURE WORKSHEET JD-Cv-77 No Foreclosure Worksheet http://civilinquiry jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=UW YCV 1760... 4/25/2019 LCase Vetall - UW Y-UV 1 /-0U55209- Page 4 ot / 135.00 12/28/2017 Pp Arripavit & No ‘Statement Re Motions for Default 136.00 12/28/2017 P AFFIDAVIT OF COMPLIANCE WITH EMAP 5? No Affidavit Re Non-Applicat of C.G.S. Sec 8-265EE 137.00 12/28/2017 P MILITARY AFFIDAVIT & No Statement Respecting Military Affidavits 138.00 12/28/2017 ExHipits & No Documents Pertinentto Foreclosure 139.00 12/28/2017 FFIDAVIT OF DEBT & No Affidavit of Debt 140.00 12/28/2017 APPRAISAL No ‘Affidavit of Appraiser with Appraisal 141.00 12/28/2017 FFIDAVIT RE: ATTORNEY/COUNSEL FEES 57 No Affidavit of Attomeys Fees 142.00 12/28/2017 moron!FOR ORDER OF COMPLIANCE ~ PB SEC 13-14 (INTERR/PROD. No vs Hillside Heights for Failure to Respond to Reg, for Production RESULT: Off 1/24/2018 HON MARK TAYLOR: 142.10 01/24/2018 oRpER B No RESULT: Off 1/24/2018 HON MARK TAYLOR 143.00 01/05/2018 P PROPOSED ORDER & No ‘appointing receiver of rents 144.00 01/05/2018 c JUDGMENT OF STRICT FORECLOSURE. No RESULT: HON MARK TAYLOR 145.00 01/10/2018 P STIPULATION > No Te Pl iff's Motion for Appointment of Receiver and Termination of Prior Utility Receivershi RESULT: Order 1/15/2018 HON MARK TAYLOR 145.10 01/15/2018 c ORDER No RESULT: Order 1/15/2018 HON MARK TAYLOR 146.00 01/10/2018 P WITHDRAWAL OF MOTION & No (proposed order DE 143.00, to be replaced) 147.00 01/10/2018 P PROPOSED ORDER & No ‘Appointing Receiver of Rents (replacing withdrawn proposed order DE 143.00) RESULT: Granted 1/16/2018 HON MARK TAYLOR 147.10 01/16/2018 orpeR & No RESULT: Granted 1/16/2018 HON MARK TAYLOR Last Updated: Entry Number- 01/18/2018 148.00 01/03/2018 LIST OF EXHIBITS (JD-CL-28/JD-CL-28a) No 149.00 01/17/2018 NOTICE OF COMPLIANCE No Receivership Stip 150.00 01/16/2018 c ORDER No 151.00 01/19/2018 P BOND No of Receiver M. Grant and Housing Consultants LLC 152.00 01/19/2018 P MOTION TO SUBSTITUTE PARTY & No (Rational Real Estate Vi, LLC, assignee of NYCB, as new party plaintif) RESULT: Granted 2/6/2018 HON MARK TAYLOR 152.10 02/06/2018 c oRDER No RESULT: Granted 2/6/2018 HON MARK TAYLOR 153,00 01/22/2018 D NOTICE OF COMPLIANCE 5 No With Plaintif's Discovery 154.00 04/24/2018 MOTION TO OPEN JUDGMENT AND EXTEND THE LAW DAY Yes 14.10 01/29/2018 orper& No RESULT: Granted 1/29/2018 HON MARK TAYLOR 155.00 01/29/2018 JUDGMENT OPENED AND MODIFIED JUDGMENT ENTERED No 196.00 02/13/2018 MOTION TO compet 5 No 156.10 02/27/2018 oRpeR No RESULT: Granted 2/27/2018 HON MARK TAYLOR 187.00 02/22/2018 WITHDRAWAL, OF -ACTION AGAINST PARTICULAR DEFENDANT(S) ~ No Witdrawal as to Sirius XM Radio, only http://civilinquiry jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=UWYCV1760... 4/25/2019 Case Detail - UW Y-CV17-6035269-5 Page 5 of 7 158.00 03/12/2018 D NOTICE OF COMPLIANCE No With Court Order 2/27/18 159.00 03/20/2018 ° OBJECTION No Receiver's Objection to Defendant's "Notice of Compliance" with Receiver's Motion to Compel 159.10 04/05/2018 c ORDE! No ‘RESULT: Off 4/5/2018 HON MARK TAYLOR 160.00 03/27/2018 D RepLy [9 No Reply to Objection (3/20/18) and Motion for Costs 161.00 04/17/2018 P CERTIFICATE No of Foreclosure (all law days have passed, title vests in plaintiff Rational Real Estate VI, LLC) 162.00 04/17/2018 P PROPOSED EXECUTION OF EJECTMENT JD-Cv-30 No as to Hillside Heights, LLC 162.10 05/30/2018 c ORDER& No RESULT: Granted 5/30/2018 HON MARK TAYLOR 163.00 04/17/2018 P PROPOSED EXECUTION OF EJECTMENT JD-Cv-30 No as to Yeshiva Gedolah of Waterbury, Inc. 163.10 05/30/2018 c orver & No RESULT: Granted 5/30/2018 HON MARK TAYLOR 164.00 04/18/2018 D OBJECTION No To Application and Execution for Ejectment 164.10 05/01/2018 c RDER No RESULT: Off 5/1/2018 HON MARK TAYLOR 165.00 04/23/2018 ° REPORT OF RECEIVER No 186.00 04/23/2018 P Reply No to Objection (DE 164) of Deft. Yeshiva to Pitf's Application (DE 163) for execution of ejectment 167.00 05/01/2018 orper # No RESULT: Order 5/1/2018 HON MARK TAYLOR 168.00 05/11/2018 MOTION FOR DEFICIENCY JUDGMENT PB 23-19 & Yes RESULT: Granted 12/6/2018 HON MARK TAYLOR 168.10 12/06/2018 orpeR& No RESULT: Granted 12/6/2018 HON MARK TAYLOR 169.00 08/18/2018 MOTION FOR SUMMARY JUDGMENT Yes as to Liability, only, of Yeshiva Gedolah on Count Three of the Complaint 169.10 11/09/2018 orpeR & No ‘RESULT: Denied 11/9/2018 HON MARK TAYLOR 170.00 05/18/2018 MENORANDUM IN SUPPORT OF MOTION & No for Partial Summary Judgment on Count Three of the Complaint (DE 169.00) 171.00 05/18/2018 arripavit & No ‘of Mare Thomaes in Support of Motion for Partial Summary Judgment (DE 169,00), w/ Exh. A-D 172.00 05/18/2018 ArFipavit 9 No ‘of JC Graham in support of Motion for Partial Summary Judgment (DE 169.00) w/ Exs. 1-14 173.00 05/30/2018 IST OF EXHIBITS (JD-CL-28/JD-CL-28a) No 1474.00 06/27/2018 MEMORANDUM IN OPPOSITION TO MOTION No Opposition to Motion for Summary Judgment, With Unreported Caselaw and Affidavits 175,00 07/13/2018 RELIMINARY STATEMENT OF DEBT & No Plaintiffs P.C. Section 23-19(c) Compliance 176,00 08/15/2018 ASEFLOW REQUEST (JD-Cv-116) No RESULT: Granted 8/15/2018 HON MARK TAYLOR 176.10 08/15/2018 ORDER & No RESULT: Granted 6/15/2018 HON MARK TAYLOR 177.00 08/29/2018 BJECTION TO MOTION No Objection to Motion for Deficiency Judgment 178,00 09/05/2018 IST OF EXHIBITS (JD-CL-28/JD-CL-28a) No 179,00 14101/2018 No http://civilinquiry jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=UWYCV1760... 4/25/2019 Case Detail - UW Y-CV1/-60U552Z09-S Page 6 ot / REPORT OF RECEIVER Receiver's 2nd Quarter Financial Reports 180.00 14/06/2018 REPORT OF RECEIVER No Receiver's 3Q Report 181.00 14/09/2018 MEMORANDUM OF Decision & No 182,00 11/28/2018 LIST OF EXHIBITS (JD-CL-28/JD-CL-28a) No 183.00 11/30/2018 NOTICE OF COMPLIANCE [7 No by Ptf with Court's direction at 11/28 hrg for enumeration of post-vesting property value enhancers 184.00 11/30/2018 oBJection 9 No To Notice of Compliance and Request for Argument 185.00 12/06/2018 MEMORANDUM OF DECISION No 186.00 12/20/2018 APPEAL TO APPELLATE COURT No 187.00 01/18/2019 CERTIFICATE OF CLOSED PLEADINGS AND CLAIM FOR TRIAL List No (as to counts of Complaint not previously disposed of) 188.00 04/02/2019 P MOTION TO OPEN AND VACATE JUDGMENT & No Plaintiff?s Motion to Open and Vacate Deficiency Judgment Entered on December 6, 2018 188.10 04/06/2019 c ORDER & No RESULT: Granted 4/6/2019 HON MARK TAYLOR 189.00 04/06/2019 c REOPEN FINAL JUDGMENT AND MOVE CASE TO PLEADING STATUS No (KEYPOINT 2) 190.00 04/10/2019 P WITHDRAWAL OF CERTAIN Ci F THE COMPLAINT& No (as to Count Three - Enforcement of the Guarantee) 191.00 04/10/2019 WITHDRAWAL OF MOTION No (DE 168.00 - Motion for Deficiency Judgment) 192.00 04/15/2019 REPORT OF RECEIVER & Inew No 2018 4Q inancial Reports 193.00 04/15/2019 REPORT OF RECEIVER © !new No 2019 18tQ Financial Report ‘Scheduled Court Dates as of 04/24/2019 UWY-CV17-6035269-S - NEW YORK COMUNITY BANK v. 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