FILED: RICHMOND COUNTY CLERK 05/30/ :21 PM INDEX NO /2015 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/30/2018

Size: px

Start display at page:

Download "FILED: RICHMOND COUNTY CLERK 05/30/ :21 PM INDEX NO /2015 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/30/2018"

Abner Martin
5 years ago
Views:

1 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND DEUTSCHE BANK NATIONAL TRUST COMPANY, AS Inde No.: /15 TRUSTEE FOR THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-NC4 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-NC4, -against- Plaintiff(s), NOTICE OF ENTRY KONSTANTINA REKOUTIS, t CHRISTINA REKOUTIS, ~ NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, DARNELL LANE HOMEOWNERS ASSOCIATION, DARNELL LANE HOMEOWNERS ASSOCIATION C/O CARRIAGE HOUSE MANAGEMENT AND REALTY CORP., DIME SAVINGS BANK OF WILLIAMSBURGH, Defendant(s) PLEASE TAKE NOTICE: That the within is a true copy of an Order Appointing Referee to Compute entered in the Office of the Clerk of the County of Richmond on October 3, 2016, in favor of the plaintiff against the defendants. Dated: New Yor, New York May Q, 2018 LEO & SOCIA, PL BY: Stephanie C. Del Toro Attorneys for Plaintiff 80 Business Park Drive, Suite 110 Armonk, NY TO: KONSTANTINA REKOUTIS 36 Darnell Ln Staten Island, NY ***CONTINUED ON NEXT PAGE*** 1 of 9

2 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/30/2018 CHRISTINA REKOUTIS 36 Darnell Ln Staten Island, NY NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE Building 9, W.A. Harriman Campus Albany, NY DARNELL LANE HOMEOWNERS ASSOCIATION 1110 South Avenue Staten Island, NY DARNELL LANE HOMEOWNERS ASSOCIATION C/O CARRIAGE HOUSE MANAGEMENT AND REALTY CORP South Avenue Staten Island, NY DIME SAVINGS BANK OF WILLIAMSBURGH 209 Havemeyer Street Brooklyn, NY Christopher REFEREE 235 Forest Ave Staten Island, Fitzpatrick NY of 9

3 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/30/2018 FILED: RICHMOND COUNTY CLERK 10/03/ :39 INDEX NO /2015 PM) NYSCEF DOC. NO. 27 FRECEI tbdenybcef13 NYSCEF DOC. NO. 27 RECE ' D NYSCEF: 10/03/2017 At an W Term of the Supreme Court of the State of New York held in and for the County of ai- Richmond at the rm,rthouse c~ thereof M+ ~ ~ f^reb-vc Staten Island, zv NY on io..g P R E S E N T : Hon.Deborah A. Kaplm Honorable Justice DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-NC4 MORTGAGE PASS THROUGH CERTIEICATES, SERIES 2007-NC4, Plaintiff(s), -against- ORDER APPOINTING REFEREE TO COMPUTE KONSTANTINA REKOUTIS, JOHN SPIROS, CHRISTINA REKOUTIS, NEW YORK STATE Inde No.: /15 DEPARTMENTT OF TAXATION AND FINANCE, DARNELL LANE HOMEOWNERS ASSOCIATION, DARNELL LANE EOMEOWNERS ASSOCIATION C/O Foreclosure of: CARRIAGE HOUSE MANAGEMENT AND REALTY CORP., 36 Darnell Ln DIME SAVINGS BANK OF WILLIAMSBURGH, Staten Island, NY #1" #12," "JOHN DOE through "JOHN DOE last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, the occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s).. _ _ I 1 of 7 1 of 7 3 of 9

4 NYSCEF DOC. NO. 28 RECEIVED INDEX NYSCEF: NO / /30/2018 D'ILED: RICHMOND COUNTY CLERK 10/03/ :39 PM) YSCEF' 1 YSCEF DOC. NO. 27 RECEIllspENYEOEF1308$S Æ?/CP1818 NYSCEF DOC. NO. 27 t RECEIVED NYSCEF: 10/03/2017 UPON the notice of pendency of action, the summons and the complaint herein and upon due proof that all the defendants having been duly served with a copy of said summons and of said complaint, or have voluntarily appeared in this action; and upon the affidavits of service heretofore filed from all of which it appears that none of the defendants answered, moved or appeared with respect thereto; so that none of the defendants are entitled to notice hereof; however all defendants have received notice pursuant to CPLR 3215 as the within action is more than a year old; and it is appearing that none of the defendants are infants, incompetents or absentees; and it is further appearing that since the filing of the lis pendens, the complaint herein has not been amended so as to make new parties to the action or so as to embrace real property other than that described in the original complaint or so as to etend plaintiff's claim against the mortgaged premises; AND upon the affidavit of Morgan Battle Ames sworn to on October 21, 2015, and upon the affirmation of ELAN MILLHAUSER, ESQ, an associate with LEOPOLD & ASSOCIATES, PLLC, attorneys for the plaintiff, showing what proceedings have heretofore been had herein, and setting forth the various facts which entitle the plaintiff to the judgment prayed for; and upon all proceedings heretofore had herein, and all the papers on file in this action; AND upon the attached Affidavit of Mailing reflecting compliance with CPLR 3215(g)(3); NOW, upon motion of LEOPOLD & ASSOCIATES, PLLC, attorney for plaintiff, it is 2 of 7 2 of 7 4 of 9

5 NYSCEF DOC. NO. 28 RECEIVED INDEX NYSCEF: NO. FILED: RICHMOND COUNTY CLERK 10/03/ : / /30/2018 PM) YSCEF DOC. NO. 27 RECE1WIEMiti$GE2350 $f%ql2f018 NYSCEF DOC. NO. 27 t RECEIVED NYSCEF: 10/03/2017 ORDERED, that the application is granted; and it is further ORDERED, that all defendants are in default; and it is further ORDERED, that all defendants having been served with Copies of the within application, that the requirements of CPLR 3215(g) have been satisfied in the discretion of the Court; and it is further ORDERED, that C-h r ' to p h ef (-(HZ. R. r,ce, E.5 3. with an office at a35 Fe ("~ > A c, SI rv 7 /G O/ Telephone No.: C 1 f F g ( ( B ( C is hereby appointed Referee to ascertain and compute the amount due ecept for attorney's fees upon the bond/note and mortgage being foreclosed in this action, and to determine whether the mortgaged premises can be sold in parcels and the Referee to report to the court with all convenient speed; and it is further ORDERED, that the defendant captioned as JOHN SPIROS, having been deceased and owning the property as joint tenants with rights of survivorship, he is not a necessary party and should be ecised from this caption and all rights in the property were transferred to KONSTANTINA REKOUTIS; it is further ORDERED, that defendants captioned as "JOHN DOE #1" through "JOHN DOE #12," not having been served with copies of the summons and of the complaint, are not necessary party defendants and should be ecised from the caption and that the caption I r 3 of 7 3 of 7 5 of 9

6 NYSCEF DOC. NO. 28 RECEIVED INDEXNYSCEF: ILED: RICHMOND COUNTY CLERK NO. 10/03/ : / /30/2018 PM!YSCEF DOC. NO. 27 NYSCEF DOC. NO. 27 t RECEIVED NYSCEF: 10/03/2017 hereinafter read as follows, without prejudice to any of the proceedings heretofore had herein: (Continued on Net Page)! 4 of 7 4 of 7 6 of 9

7 NYSCEF DOC. NO. 28 RECEIVED INDEX NYSCEF: NO / /30/2018 [ ILED: RICHMOND COUNTY CLERK 10 /03/ :39 PM) IYSCEF DOC. NO. 27 RECEIUgtEW {R;Eg356 pfgpl%18 NYSCEF DOC. NO. 27 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND t RECEIVED NYSCEE: 10/03/2017 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-NC4 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-NC4, Plaintiff(s), -against- KONSTANTINA REKOUTIS, CHRISTINA REKOUTIS, NEW YORK STATE DEPARTMENTT OF TAXATION AND FINANCE, DARNELL LANE.HOMEOWNERS ASSOCIATION, DARNELL LANE HOMEOWNERS ASSOCIATION C/O CARRIAGE HOUSE MANAGEMENT AND REALTY CORP., DIME SAVINGS BANK OF WILLIAMSBURGH, Defendant(s) ORDERED, that, if required, said Referee take testimony pursuant to RPAPL Section 1321, and it is further ORDERED, that by accepting this appointment the Referee certifies that the Referee is in compliance with Part 36 of the Rules of the chief Judge (22NYCRR Part 36), including, but not limited to, appointment" section 36.2c ("Disqualifications from appointment"), and section (" compensation" 36.2(d) ("Limitations on appointments based upon compensation"), and it is further urt a fee e f 5 of 7 5 of 7 7 of 9

8 NYSCEF DOC. NO. 28 RECEIVED INDEX NYSCEF: NO / /30/2018 TILED: RICHMOND COUNTY CLERK 10/03/ :39 PM JYSCEF DOC. NO. 27 RECEIDÈREXNF9GE1t35 7/R712%18 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/03/2017 ORDEREDr 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. DRDERED, that plaintiff sha11 serve a copy of this order upon the referee, together with the referee's compensation in the sum of $ pursuantto CPLR 8003(a). ft f g 4 s. c. ac. BLOCK: 7316 LOT: 25 6 of of 9

9 NYSCEF DOC. NO. 28 RECEIVED FILED : RICHMOND COUNTY CLERK 10 /03 /2017 INDEXNYSCEF: NO. 12: /30/ /2015 Pli b stkf DOC. NO. Z/ RECEII )teiexgecer350 EE289201f NvSCEF' NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 10/03/2017 upreme Court of tige $tate of piefs orit ~~ ~'E ta II~0 1c~ as0 ~IIII ata 1 ~ 0 JUSTICES' CHAMBERS. 26 Central Avenue Staten Island, NY (718) DEBORAHA.KAPLAN 0 & INTERIMADMINISTRATIVE JUDGE RicHMONDCOUNTY ' l~t~+ + In ~ l 45@ ~ ~>s@,~ 0 I Dear Re: T)c.w4scts..e.. sers/l. ekod - v - Counselor: K on s ~ h yfa. ~~hi ~h>c>-~ Cl -~ With regard to the above captioned matter, please be advised that on, the Court signed an Order of Reference and appointed you as Referee. All auctions shall take place twice monthly at the Richmond County Supreme Courthouse located at 26 Central Avenue, and must be scheduled on a Thursday unless otherwise scheduled by the Clerk. Please call and speak to Mr. Jonathan Burdman or Mr. James Burke, the Clerks of the Foreclosure Part, in order to schedule the auction. The auction shall be scheduled subsequent to the Judgment of Foreclosure and Sale Order being signed by the Court. If you have any questions, please feel free to call. Thank you very much. Very truly yours, Mvu4 Honorable Deborah A. aplan Interim Administrative Judge Supreme Court, Richmond County DAK:ldn Enclosure 7 of 7 7 of 7 9 of 9

The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee on behalf of

The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee on behalf of PRESENT: At IAS/Civil Part of the Supreme Court of the State of New York, County of Westchester, 111 Dr Martin Luther King, Jr, Boulevard, White Plains, New York 10601, on the day of, 2017 HON LEWIS J