FILED: NASSAU COUNTY CLERK 09/06/ :00 PM INDEX NO /2017 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 09/06/2018

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1 REPLY TO: 1400 Old Country Road, Suite C103 Wastbuiy, NY Century Drive, Suite 201 FEN,SUCH& CRANE,u2 Pardippany, NJ ATTORNEYS ATLAW 28 East Main Street, Suite 1800 Rochester, NY September (p, 2018 VIA NYSCEF ONLY SUPREME COURT OF NASSAU COUNTY 100 SUPREME COURT DRIVE MINEOLA, NY RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. MICHAEL SHANKER, et al. Property Address:, BROOKVILLE, NY Our File No.: CHNY1216 Index No.: /2017 Dear Honorable Clerk: Enclosed herewith please find a copy of the Notice of Entry of the Order of Reference and Default Judgment that has been filed with the NYSCEF system. Thank you for your kind assistance in this matter. Very truly yours, FEIN, SUCH & CRANE, L.L.P. Timothy Biasi (973) Ext Legal Assistant 1 of 11

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CHNY1216 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION NOTICE OF ENTRY Plaintiff, -vs- Index No /2017 MICHAEL SHANKER; NANCY SHANKER A/K/A NANCY A. SHANKER; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; NEW YORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR, MILES SHANKER; PLEASE TAKE NOTICE that annexed hereto is a true copy of Order of Reference and Default Judgment duly entered in the Office of the Clerk of the Court, Supreme Court of the State of New York, County of NASSAU, on August 24, Dated: September b, 2018 VICTOR SPIN LI, ESQ. FE1N, SUCH & CRANE, LLP Attorneys for Plaintiff Office and P.O. Address WESTBURY, NY Telephone No.516/ Our File #: CHNY1216 TO: SHANKER LAW GROUP ATTORNEY FOR DEFENDANTS MICHAEL SHANKER & NANCY A. SHANKER 101 FRONT STREET MINEOLA, NY MICHAEL SHANKER 2 of 11

3 NANCY SHANKER A/K/A NANCY A. SHANKER JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 111 EIGHTH AVENUE, 13TH FLOOR NEW YORK, NY NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE W. AVERELL HARRIMAN OFFICE BLDG CAMPUS BLDG 9 ALBANY, NY MILES SHANKER VICTOR LEVIN, ESQ. - REFEREE 100 HARBOR VIEW DRIVE APT. 103 PORT WASHINGTON, NY of 11

4 FILED : NAS SAU COUNTY CLERK 0 8 / 2 4 / : 0 0 INDEX NO /2017 NYSCEF DOC. NO. 43 PM RECEIVED NYSCEF: 09/06/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/24/2018 At Supreme Court e m an County of NASSAU, at t orms. h e, Co. e day f. AUG CHNY JPMORGAN CHASE BANK, NATIONAL Index No /2017 ASSOCIATION,. ORDER OF REFERENCE AND Plaintiff, DEFAULT JUDGMENT -vs- MORTGAGED PROPERTY: BROOKVILLE, NY MICHAEL SHANKER;NANCY SHANKER A/K/A A/K/A NANCY A. SHANKER; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; NEW YORK STATE DEPARTMENT OF TAXATION AND COUNTY: NASSAU FINANCE; NEW YORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE SECTION: 18 DIVISION COMMISSIONER OF LABOR NEW BLOCK: D YORK STATE DEPARTMENT OF LABOR LOT: 419 UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR; "JOHN DOE # 1-5" AND "JANE DOE #1-5"said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, ifany, having or claiming an interest in or lien upon the premises being foreclosed herein UPON the Summons' Complaint, and Notice of Pcñdcñcy filed in this action on the September 29, 2017, the Notice of Motion'dated July 10, 2018, affirmation of CHRISTOPHER PAVLIK, ESQ', and the exhibits annexed thereto, affidavit ofmerit and amount due'byvictoria GREENWOOD', Vice President of JPMORGAN CHASE BANK, N.A.{duly sworn to on March 20, 2018, together with the "W+= attached thereto, and all prior papers filed in this action and prior proceedings had herein; and UPON proof that each of the defcadants herein has been duly served with the Su==ons and 1 of 5 4 of 11

5 F ILED : NAS SAU COUNTY CLERK 0 8 / 2 4 / : 0 0 INDEX NO /2017 NYSCEF DOC. NO. 43 PM RECEIVED NYSCEF: 09/06/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/24/2018 Complaint in this action and required notices; and UPON a Notice of Appearance by ATTORNEY GENERAL OFTHE STATE OF NEW YORK O/B/O NEW YORK STATE DEPARTMENTOF LABOR UNEMPLOY MENTINSURANCE DIVISION COMMISSIONER OF LABOR NEW YORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR and Answer interposed by NEIL A. BLOOM, ESQ. o/b/o MICHAEL SHANKER and NANCY SHANKER A/K/A NANCY A. SHANKER that was ultimately rejected; AND the court having held a mand at~y seleent conference pursuant to CPLR 3408: Plaintiff attended a settlement conference on January 29, 2018 but the defeda.=t mortgagor(s) failed to appear and the case was released from the settlcmcñt conference part; AND it appearing that the dehd-at/mortgagor is not a resident of the property subject to foreclosure; AND it appearing that MICHAEL SHANKER; NANCY SHANKER A/K/A NANCY A. SHANKER; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW Y ORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR NEW YORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR, 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, BROOKVILLE, NY A/K/A,, in the County of NASSAU, State of New York, SECTION: 18 BLOCK: D LOT: 419, NOW, on motion by Fein, Such & Crane, LLP, attorney for the Plaintiff, it is hereby ORDERED that defendant(s) MICHAEL SHANKER; NANCY SHANKER A/K/A NANCY A. SHANKER; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR NEW 2 of 5 5 of 11

6 [F_I_LED : NASSAU COUNTY CLERK 0 8 / 2 4 / : 0 0 INDEX NO /2017 NYSCEF DOC. NO. 43 PM RECEIVED NYSCEF: 09/06/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/24/2018 Y ORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR, are determined to be in default: and it is further Victor Levin, Esq. (516) ORDERED that _ 100 Harbor View Drive - Apt 103 Fid # Port Washington, N.Y is hereby appaintad Referee, in accordance with RPAPL on, to compute the amount due to CW A..pt cthom e-ts hs Plaintif and to examine whether the mortgaged property may be sold in parcels; and it 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), inc!nding, but not limited to 36.2(c) ("Disqualifwaticas from appoin+=ant"), and 36.2(d) ("Limitations on appointments based upon compensation"), and, if the Referee is disqualified from receiving an appoint=eat pursuant to the provisicñs of that Rule, the Referee shall i=_=adiately notify the Appoin*ing Judge; and it is further ORDERED that, pursuant to CPLR 8003(a),4hestatutesy-feeef-$50,00, and in the discretion of the court, a fee of $ 500.", shall be paid to the Referee for the computation of the a=e=t due and upon the filing of his/her report and the Referee shall not request or accept compemation 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 ra'=4=4=5 any funds for him/herselfor paying funds to him/herself withcü crr.plir,ce with Part36 ofthe Rules ofthe Chief Administrative Judge; and it is further ORDERED that MILES SHANKER be added as named dafaad =ts in this action pursuant to RPAPL 1311 and that the caption be amended to add MILES SHANKER in place ofthe "JOHN DOE # 1-5" AND "JANE DOE #1-5" defendants as party def=d==ª to this action; and it is further ORDERED that the caption shall read as follows: 3 of 5 6 of 11

7 [F I LED : NAS SAU COUNTY CLERK 0 8 / 2 4 / : INDEX NO /2017 NYSCEF DOC. NO. 43 _PMJ RECEIVED NYSCEF: 09/06/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, INDEX NO: /2017 -vs- MORTGAGED PROPERTY: BROOKVILLE, NY A/K/A 1 OLD WHEATLEY MICHAEL SHANKER; NANCY SHANKER A/K/A NANCY ROAD A. SHANKER; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK STATE DEPAR TMENT O F L ABOR UNE M P L OY M ENT COUNTY: NASSAU INSURANCE DIVISION COMMISSIONER OF LABOR NEW Y O R K S T A T E D E P A R T M E N T O F L A B O R SECTION: 18 U N E M P L O Y M E N T IN S U R A N C E D I V I S I O N BLOCK: D COMMISSIONER OF LABOR, MILES SHANKER; LOT: 419 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. and order of the court. D ed AUG 9t A 2018?UBMISSIONOFJUDGEM TheOrderof Refe t1 pjalatift d ectedto 6.oceedto submit its applicationto (.onfirm the RefereeReportand to submit its k'igement of ForeclosureandSalewithin 6 months of this Order. Failureto submitthe Judgementasdirected may result in sanctions antijor an order of the dismissalof this action basedon abandonment pursuantto 22NYCRR202.48andasdirected herein. Accordingly,when the matter appearsat the next scheduledstatus conference,inquiryregardingcompnancewith this directive will be madeand the ssuanceof anyfurther order consistentwith this directive shallissue. ENTER: HON. ENTERED AUG THOMAS A.S.C. NASSAU COUNTY COUNTY CLERK'S OFFICE 4 of 5 7 of 11

8 INDEX NO /2017 FILED : NASSAU COUNTY CLERK 0 8 /2 4 / : 0 0 NYSCEF DOC. NO. 43 PM RECEIVED NYSCEF: 09/06/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/24/2O18 Index No /2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU JPMORGAN CHASE BANK, NATIONAL ASSOCIATION -vs- Plaintiff, ALL-STATELEGAL BF BL GY WH , MICHAEL SHANKER, et al., ORDER OF REFERENCE AND DEFAULT JUDGMENT FEIN, SUCH & CRANE, LLP Attorneys for Plaintiff WESTBURY, NY I / Pursuantto22NYCRR ,the=adaa=i:=ad,anattorneyadmittedtopractice in the courts of NewYork State, certifies that upon inf:=:2:: and beliefandreasonableinquiry,thecontentions contained in the annexed doenmentarenotfrivolous. Dated: July, 2018 Signature: Print Signer's Name: CHRISTOPHER PAVLIK, ESQ. Service of a copy of the within is hereby admi*+m Dated: ASE TAKE NOTICE that the within a (certified) true copy of a Attorneys(s) entered in the ofhee of the clerk of the within named Court on 20 O that an Order of which the within is a true copy will be presented for select to the Dated: Hon. one of the judges of the within named Court, at on 20, at M. for FEIN, SUCH & CRANE, LLP Attorneys for Plaintiff WESTBURY, NY / of of 11

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CHNY1216 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; AFFIDAVIT OF SERVICE OF Plaintiff, MAILING -vs- Index No /2017 MICHAEL SHANKER; NANCY SHANKER A/K/A NANCY A. SHANKER; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; NEW YORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE DIVISION COMMISSIONER OF LABOR, MILES SHANKER; STATE OF NEW YORK ) COUNTY OF NASSAU ) ) ss. I, NTt/1 CoA, being duly sworn, deposes and says: That deponent is not a party to the action, is over the age of eighteen (18) years and resides in the State of New York. That on September (, 2018, I served a copy of the Notice of Entry of the Order of Reference and Default Judgment to: SHANKER LAW GROUP 101 FRONT STREET MINEOLA, NY MICHAEL SHANKER NANCY SHANKER A/K/A NANCY A. SHANKER JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 111 EIGHTH AVENUE, 13TH FLOOR NEW YORK, NY NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE W. AVERELL HARRIMAN OFFICE BLDG CAMPUS BLDG 9 ALBANY, NY of 11

10 MILES SHANKER VICTOR LEVIN, ESQ. - REFEREE 100 HARBOR VIEW DRIVE APT. 103 PORT WASHINGTON, NY that being the addresses designated by said parties or attorney(s) for that purpose, by causing to be deposited a copy of same enclosed in a postage paid, properly addressed envelope via regular mail and under the exclusive care and custody of the United States Post Office Department. Dated: September, 2018 Sworn to before me this Notary day of Jephy,be/, -20 /E O Public Office and P.O. Address Fein, Such & Crane, LLP WESTBURY, NY Telephone: 516/ Our File #: CHNY1216 KRISTA DOWNER Notary Public - State of New No. York 01DO Qualified in Nassau My Commission County Expires 2/5/ of 11

11 ALL-STATELEGAL BF BL GY WH www.aslegal.com Index No /2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU JPMORGAN CHASE BANK, NATIONAL ASSOCIATION -vs- Plaintiff, MICHAEL SHANKER, et al., NOTICE OF ENTRY FEIN, SUCH & CRANE, LLP Attorneys for Plaintiff WESTBURY, NY / Pursuant to 22 NYCRR , the undersigned, an attorney admitted to practice in the courts of New York State, certifies that upon information and belief and re inquiry, the contentions contained in the annexed document are not frivolous. Dated: September, 2018 Signature: Print Signer's Name: VICT R SPINELLI, ESQ. Dated: is hereby admitted Attorneys(s) for PLEASE TAKE NOTICE that the within a (certified) true copy of a entered in the office of the clerk of the within named Court on 20 that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at on 20, at M. Dated: FEIN, SUCH & CRANE, LLP Attorneys for Plaintiff WESTBURY, NY / of 11

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