FILED: RICHMOND COUNTY CLERK 02/16/ :38 PM INDEX NO /2015 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/16/2018

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1 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND x DITECH FINANCIAL LLC FKA GREEN TREE Index No.: /2015 SERVICING LLC Plaintiff, -against- NOTICE OF ENTRY ALEXANDRA SIMEONE A/K/A ALEXANDRS Premises Address: SIMEONE; NICHOLAS J. SIMEONE; NEW YORK CITY 257 WOOLLEY AVENUE PARKING VIOLATIONS BUREAU; NEW YORK CITY STATEN ISLAND, NY TRANSIT ADJUDICATION BUREAU; WORKERS COMPENSATION BOARD OF NEW YORK STATE; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; Defendant(s) x COUNSEL: PLEASE TAKE NOTICE that the within is a true copy of a Judgment of Foreclosure and Sale, duly entered in the office of the Clerk of Richmond County on August 29, DATED: February 16, 2018 Fishkill, New York Mat ew D. Hindin. Esq. ROSICKI, ROSICKI 4 ASSOCIATES, P.C. Attorney for Plaintiff Fishkill Office 2 Summit Court, Suite 301 Fishkill, NY To: RAYMOND A. FASANO, ESQ. ATTORNEY FOR DEFENDANTS ALEXANDRA SIMEONE A/K/A ALEXANDRS SIMEONE and NICHOLAS J. SIMEONE 885 ANADALE ROAD STATEN ISLAND, NY NEW YORK CITY PARKING VIOLATIONS BUREAU 1ST 100 CHURCH STREET, 1 FLOOR NEW YORK, NY of 16

2 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/16/2018 NEW YORK CITY TRANSIT ADJUDICATION BUREAU 130 LIVINGSTON STREET BROOKLYN, NY JAMES R. MCGINN, ESQ. ATTORNEY FOR DEFENDANT WORKERS COMPENSATION BOARD OF NEW YORK STATE 328 STATE STREET SCHENECTADY, NY NEW YORK CITY ENVIRONMENTAL CONTROL BOARD 1ST 100 CHURCH STREET, 1 FLOOR NEW YORK, NY CHRISTOPHER FITZPATRICK, ESQ. (AS REFEREE) 235 FOREST AVE. STATEN ISLAND, NY OCCUPANTS 257 WOOLLEY AVENUE STATEN ISLAND, NY of 16

3 : RICHMOND COUNTY INDEX CLERK / : 32 NO /2015 NYSCEF DOC. NO. 62 PM RECEIVED NYSCEF: 02/16/2018 F DOC. NO. 50 RECEIVED NYSCEF: 08/29/ PRESENT: ORIGINAL RFF,' IAS Term 8 ff, of the Supreme Court of the State of New York, held in and for the County of RICHMOND, at the Courthouse thereof located at 26 Central Avenue, Staten Island, NY 10301, on the 25 day of, Hon. Judith N. McMahon Justice SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND _ X +C(- CITIMORTGAGE, INC. IndeX No.: /2015 Plaintiff, D/O/F: -against- JUDGMENT OF FORECLOSURE AND SALE ALEXANDRA SIMEONE A/K/A ALEXANDRS Premises Address: SIMEONE; NICHOLAS J. SIMEONE; NEW YORK 257 WOOLLEY AVENUE CITY PARKING VIOLATIONS BUREAU; NEW STATEN ISLAND, NY YORK CITY TRANSIT ADJUDICATION BUREAU; WORKERS COMPENSATION BOARD OF NEW STATE,' YORK STATE; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; Defendant(s), X Upon the reading of the Notice of Motion dated February 23, 2017, the Affirmation of Daniel B. Wade, Esq., attorney for Plaintiff, signed on February 23, 2017, the Summons, Complaint and Notice of Pendency of Action heretofore filed with the Clerk of this Court, the Affidavits of Service of the Summons and Complaint, upon all of the defendants, all of which were duly filed with the Clerk of the Court, and more particularly referred to in the Affirmation of Regularity of Courtney R. Williams, Esq., signed on November 13, 2015, from which Affirmation it appears that this is an action to foreclose a mortgage upon real property situate within the territorial jurisdiction of this Court; that the whole amount thereon, as alleged in the Complaint, is presently due and owing, with interest thereon, as therein alleged; and upon the prior Order of this Court appointing a Referee to ascertain and compute the amount due the 1 of '1 3 of 16

4 F I LED : RICHMOND COUNTY INDEX NO /2015 NYSCEF DOC. NO. 62 CLERK : 3 2 PM) RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 08/29/2017 plaintiff, and to examine and report whether the mortgaged premises can be sold in one parcel, by which report, duly filed simultaneously herewith, the said Referee has reported that the sum of $207, is due and owing to plaintiff as of December 1, 2016; and that the mortgaged premises should be sold in one parcel; that the time for each and all of the defendants to answer or move with respect to the Complaint has expired and that the same has not been extended; that none of the defendants is an infant, incompetent or absentee, and that all defendants are in default except WORKERS COMPENSATION BOARD OF NEW YORK STATE, who appeared and waived notice of this application and ALEXANDRA SIMEONE A/K/A ALEXANDRS SIMEONE; NICHOLAS J. SIMEONE; who appeared and demanded notice of this application; however all defendants have received notice pursuant to CPLR 3215 as the herein action is more than eleven months old; and the same having regularly come on to be heard before this Court, now after due deliberation having been had; NOW, on motion of ROSICKI, ROSICKI & ASSOCIATES, P.C., attorneys for plaintiff, it is ORDERED, ADJUDGED AND DECREED, that the motion is granted, and it is further ORDERED, ADJUDGED AND DECREED, that the report of Christopher Fitzpatrick, Esq. dated February 6, 2017 be, and the same is hereby, in all respects, ratified and confirmed; and it is further ORDERED, ADJUDGED AND DECREED, that the caption be amended by substituting the name o "DITECH FINANCIAL LLC FKA GREEN TREE SERVICING LLC" in the place and stead of 'CITIMORTGAGE, INC." s plaintiff; and all papers and proceedings shall be deemed amended accordingly, to read as fol ows: 2 of 11 4 of 16

5 F ILED : RICHMOND COUNTY CLERK INDEX NO /2015 NYSCEF DOC. NO : 32 PM RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/29/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X DITECH FINANCIAL LLC FKA GREEN TREE IndeX No /2015 SERVICING LLC -against- Plaintiff, ALEXANDRA SIMEONE A/K/A ALEXANDRS SIMEONE; NICHOLAS J. SIMEONE; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; WORKERS COMPENSATION BOARD OF NEW YORK STATE; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD X and it is further Defendant(s), ORDERED, ADJUDGED AND DECREED, that the mortgaged premises, described in the complaint in this action and as hereafter described, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale and the costs of this action as provided by the Real Property Actions and Proceedings Law be sold, in one parcel, at public auction at the v' County Court House, 26 Central Avenue, Room 210, Staten Island, N.Y , by and under the direction of n(ttht0fa IWfATO Sd who is hereby appointed Referee for that purpose, that said Referee give public notice of the time and place of such sale in accordance with RPAPL 231 in TATC LAND ()vauce and that the plaintiff or any other parties to this action may become the purchaser or purchasers at such sale, that in case the plaintiff shall become the purchaser at said sale, they shall not be required to make any deposit thereon, that said referee execute to the purchaser or purchasers on such a sale a deed of the premises sold; and it is further RDER, DJUD E AN D C D, at t refer sh cal the cl k f th court at i rder to c edule t auction the subject operty h shall e place in ch ond C nt Supre Co on t Thurs o every nt nle ot rwi sche led by the erk; and i ' furth r 3 of 11 5 of 16

6 INDbX NO //201a NYSCEF FILED DOC. : RICHMOND NO. 62 COUNTY CLERK 08 / 29 / : 32 PM RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/29/2017. ORDERED, ADJUDGED AND DECREED, that said Referee on receiving the proceeds of such sale shall forthwith pay therefrom, in accordance with their priority according to law, the taxes, assessments, sewer rents and water rates which are or may become liens on the premises at the time of sale with such interest or penalties which may have lawfully accrued thereon to the date of payment, and it is further ORDERED, ADJUDGED AND DECREED, that by accepting this appointment, the referee certifies that she/he 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) ("Disqualification from Appointment" (e Appointment") and Section 36.2(d) ("Limitations Compensation" on Appointments Based on Compensation"); and it is further ORDERED, ADJUDGED AND DECREED, that said Referee then deposit the balance of said proceeds of sale in his/her own name as Referee in 1 7ATT T, p $ and shall thereafter make the following payments and his/her checks drawn for that purpose shall be paid by said depository: FIRST: The statutory fees of said Referee in sum of $ In the event a scheduled sale is cancelled or postponed, pursuant to CPLR 8003(a), plaintiff shall compensate the Referee in the sum o $ for each adjournment or cancellation unless the Referee has requested the delay. Such compensation may be recouped from the proceeds of sale as a cost to plaintiff. This Order shall constitute the necessary prior authorization for compensation as set forth herein. SECOND: The expenses of the sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale. 4 of 11 6 of 16

7 FILED: RICHMOND COUNTY INDEX NO. CLERK 08/29/ /2015 NYSCEF DOC. NO :32 PM RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/29/2017 I THIRD: Said Referee shall also pay to the plaintiff or plaintiffs attorney the sum of CS $259,01 adjudged to the plaintiff for cost and disbursements in this action to be taxed by the clerk and inserted herein, with interest thereon from the date hereof together with a additional allowanc of $ hereby awarded to the plaintiff in addition to costs with interest thereon from the date hereof and also the sum of $207, the said amount so reported due as aforesaid together with interest thereon from December 1, 2016 the date interest was calculated to in said report or so much thereof as the purchase money of the mortgaged premises will pay of the same, together with $ hereby awarded to the plaintiff as reasonable legal fees herein, together with any advances as provided for in the note and mortgage, which plaintiff has made for taxes, insurance, principal and interest and any other charges due to prior mortgages, or to maintain the premises pending consummation of this foreclosure sale, not previously included in the computation and upon presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant to the note and the mortgage. FOURTH: If such Referee intends to apply for a further allowance for his/her fees an application shall be made to the court therefor upon due notice to those parties entitled thereto. That in case the plaintiff be the purchaser of said mortgaged premises at said sale, or in the event that the rights of the purchaser at said sale and the terms of sale under this judgment shall be assigned to and acquired by the plaintiff, and a valid assignment thereof filed with said Referee, said Referee shall not require the plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the plaintiff or its assignee, a deed or deeds of the premises sold upon the payment to said referee of the amount specified above in items marked "FIRST" and "SECOND" and the amount of the aforesaid taxes, assessments, sewer 5 of '1 7 of 16

8 INDEX NO /2015 NYSCEF (FIL ED DOC. : RI NO. CHMOND 62 COUNTY CL ERK 08 / 29 / : 3 2 PM RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/29/2017. rents and water rates with interest and penalties thereon, or in lieu of the payment of said last mentioned amounts upon filing with said Referee receipts of the proper municipal authorities showing payment thereof that the balance of the amount bid, after deducting therefrom the aforesaid amounts paid by the plaintiff for Referee's fees, advertising expenses, taxes, assessments, sewer rents and water rates shall be allowed to the plaintiff and applied by said Referee upon the amounts due to the plaintiff as specified in item marked "THIRD" that after applying the balance of the amount bid, there shall be a surplus over and above the said amounts due to the plaintiff, the plaintiff shall pay to the said Referee, upon delivery to plaintiff of said Referee's deed the amount of such surplus; that said Referee on receiving said several amounts from the plaintiff shall forthwith pay therefrom said taxes, assessments, sewer rents, water rates, with interest and penalties thereon, unless the same have already been paid and shall then deposit the balance. That said Referee take the receipt of the plaintiff or plaintiffs attorney for the amounts paid as hereinbefore directed in item marked "THIRD" and file it with his/her report of sale, that he/she deposit the surplus monies, if any, with Richmond County Clerk within five days after the same shall be received and ascertainable, to the credit of this action to be withdrawn only on the order of the court, signed by a Justice of the Court, that said Referee make his/her report of such sale under oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of the person to whom the payment were made and file it with Richmond County Clerk within thirty days after completing the sale and executing the proper conveyance to the purchaser and that if the proceeds of such sale be insufficient to pay the amount reported due to the plaintiff with interest and costs as aforesaid, the plaintiff shall recover from the defendant(s) ALEXANDRA SIMEONE A/K/A ALEXANDRS SIMEONE and NICHOLAS J. SIMEONE the whole deficiency or so much thereof as the Court may 6 of 11 8 of 16

9 INDEX FILED : NO /2015 NYSCEF DOC. RICHMOND NO. 62 COUNTY CLERK 08 /2 9/ : 32 PM RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/29/2017 determine to be just and equitable of the residue of the mortgage debt remaining unsatisfied after a sale of the mortgaged premises and the application of the proceeds thereof, provided a motion for a deficiency judgment shall be made as prescribed by section 1371 of the Real Property Actions and Proceedings Law within the time limited therein, and the amount thereof is determined and awarded by an order of this Court as provided for in said section; and it is further, ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at said sale be let into possession on production or delivery of the Referee's deed; and it is further, ORDERED, ADJUDGED AND DECREED, that each and all of the defendants in this action and all persons claiming under them, or any or either of them, after the filing of such notice of pendency of this action, be and they are hereby forever barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in the said mortgaged premises and each and every part thereof; and it is further ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one parcel in "as is" physical order and condition, subject to any real estate taxes, prior mortgages, liens and judgments of record, if any, zoning restrictions and any amendments thereto, according to law, and now in force; subject to the state of facts an accurate survey may show; covenants, restrictions, agreements, reservations and easements of record, if any, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are located, and violations of same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and violations of the same; the physical condition of any 7 of 11 9 of 16

10 (FILED : RICHMOND COUNTY CLERK / : INDEX 32 NO /,'2015 NYSCEF DOC. NO. 62 PM RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/29/2017 I I buildings or structure on the premises as the date of sale hereunder; rights of tenants or occupants in possession, if any; rights of any defendants pursuant to CPLR 317, 2004 and 5015, if any; and other conditions as set forth in the terms of sale more particularly to be announced at sale; rights of any defendants pursuant to CPLR 317, 2004, and 5015, if any; any sale to be held hereunder will be subject to the rights of the UNITED STATES OF AMERICA to redeem, if any. A description of the real property under foreclosure is annexed to this Judgment and made a part thereof as Schedule "A". Said premises being known as and by street address: 257 WOOLLEY AVENUE, STATEN ISLAND, NY 10314, and bearing tax map designation: Block: 453 Lot: 3. Dated: Ordered, that, within 90 days of the date of this judgment, the referee shall call the clerk of the court at In order to schedule the auction of the subject property which shall take place in Richmond County Supreme Court as scheduled by the olerk E N R g R5 (+ ' Hon. Ju N. ' McMa on Administra Jud Supreme Courts 3shmond County Civil Term 8 of of 16

11 FILED: RICHMOND COUNTY CLERK Oj.:32 01:32 PM IND EX NO O0 7 / 2 O15 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 08/29/2017 WLL the:certainplot, placeor parcelof lead,with the buildings andlasprovementsthereontrachea 4, $1Nm4,lying and being in thetirstwardof theboroughandcouniyolnictxnend,cityand5tateofnewyork,krava asles967on Map ofnailocal ProhMtionPorkșts.,filedin de RtetunendCountyGert's Omcoin Mop CaseNo. 899-A,whichsaid lot ismorepartleularly boundedsoddescribedasreflom:. COMMENC1NOorahoEamerlysideof WoolleyAvem 40 (cetnareerils intersectionwiththenortherlychicof WatersAverms; RUNNINGTitENCESauA 7sdegrees20ndnwes42secondsgnat90restto apoint; THENCI!Nords11degrees39intWW 18secondsEag40foolto a polm THENCENonh78degrees20mbmtes42secondsWest90feettosaidlisslerlysideof Woo) eravenve; THENCIlSomh11depecyV abuwa it secondswegalongsaideastertysideof WestleyAvenue40 feetlo thepoint orplaceof DEOLNNINO.! 9 of 1' 11 of 16

12 NYSCEF F I LED DOC. : RICHMOND NO. 62 COUNTY CLERK / : 3 2 PM INDEX NO /2015 RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/29/2017. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X CITIMORTGAGE, INC., Plaintiff, Index No.: /2015 -against- COSTS OF PLAINTIFF ALEXANDRA SIMEONE A/K/A ALEXANDRS SIMEONE, et al., x Defendants. Costs before Notes of Issue filed, CPLR 48201(1)...$ Additional Allowance by Statute - CPLR 8302(a)(b): addl.(not exceeding $200) $200 at 10%...$20.00 addl.(not exceeding $800) $800 at 5%...$40.00 " (not exceeding $2000) $2000 at 2%...$40.00 " (not exceeding $5000) $5000 at 1%...$ $ Additional Allowance by Statute - CPLR 8302(d)...$50.00 FEES AND DISBURSEMENTS Fee for Index Nurnber and Filing Lis Pendens CPLR 8018(a), 8021(a)(10)...$ Paid for searches...$ Serving copy of summons and complaint CPLR 8011(c), 8301(d)...$ Request for Judicial Intervention...$95.00 Referee's fee (CPLR 8301(a)(1), 8003(a))...$50.00 Certified copy of judgment...$ ,...,...$4.00 Motion fees...$90.00 Clerk's fee, re-filing notice of pendency...$ $2, Taxed at $ " of' this 29 tahyor Aug. 2QL7, 20. /Clerk //Clerk 10 of of 16

13 FILED: RICHMOND COUNTY CLERK :32 PN NDEX NO /2015 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/16/2018 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 08/29/2017 STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ) ss: The undersigned, an attorney admitted to practice in the Courts of this State, affirms that (s)he is an associate of the law firm of ROSICKI, ROSICKI 4 ASSOCIATES, P.C. the attorneys of record for the plaintiff in the above-entitled action; that the foregoing disbursements have been or will necessarily be made or incurred in this action and are reasonable in amount and that copies of documents or papers as charged herein were actually and necessarily obtained for use. perjury. The undersigned affirms that the foregoing statements are true under the penalties of Dated: February 23, 2017 Fishkill, New York Daniel. ade, Esq. 11 of of 16

14 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND x DITECH FINANCIAL LLC FKA GREEN TREE SERVICING LLC, Plaintiff, Index No.: /2015 -against- AFFIDAVIT OF MAILING ALEXANDRA SIMEONE A/K/A ALEXANDRS SIMEONE; et al x Defendant(s). STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ) ss.:, being duly sworn, deposes and says: New York. I am not a party to this action, am over 18 years of age and reside in LÔthSE County, On February 16, 2018, I served a Judgment of Foreclosure and Sale with Notice of Entry to defendants who have appeared in this action, by depositing a true copy thereof in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: RAYMOND A. FASANO, ESQ. ATTORNEY FOR DEFENDANTS ALEXANDRA SIMEONE A/K/A ALEXANDRS SIMEONE and NICHOLAS J. SIMEONE 885 ANADALE ROAD STATEN ISLAND, NY NEW YORK CITY PARKING VIOLATIONS BUREAU 1ST 100 CHURCH STREET, 1 FLOOR NEW YORK, NY NEW YORK CITY TRANSIT ADJUDICATION BUREAU 130 LIVINGSTON STREET BROOKLYN, NY JAMES R. MCGINN, ESQ. ATTORNEY FOR DEFENDANT WORKERS COMPENSATION BOARD OF NEW YORK STATE 328 STATE STREET SCHENECTADY, NY of 16

15 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/16/2018 NEW YORK CITY ENVIRONMENTAL CONTROL BOARD IST 100 CHURCH STREET, 1 FLOOR NEW YORK, NY CHRISTOPHER FITZPATRICK, ESQ. (AS REFEREE) 235 FOREST AVE. STATEN ISLAND, NY OCCUPANTS 257 WOOLLEY AVENUE STATEN ISLAND, NY Sworn to before me on this 16th day of February, 2018 NOTARY L PUBLIC MEUSSA DURSO Notary Public. State of New York No. 01DU Qualified in Dutchess.e County ( Commission Expires April 24, 20 g 15 of 16

16 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/16/2018 Index No.: /2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND DITECH FINANCIAL LLC FKA GREEN TREE SERVICING LLC, Plaintiff, -against- ALEXANDRA SIMEONE A/K/A ALEXANDRS SIMEONE, et al., Defendant(s). JUDGMENT OF FORECLOSURE AND SALE WITH NOTICE OF ENTRY ROSICKI, ROSICKI & ASSOCIATES, P.C. By: Q. Matthew D. Hindin, Esq. Attorneys for Plaintiff Fishkill Office 2 Summit Court, Suite 301 Fishkill, NY R,RAA ¹: of 16