------------------------------ ----- ----------------------------------------------, " SHORT FORM ORDER SUPREME COURT STATE OF N. Present: HON. JOHN P. DUNNE Justice TRIAL/lAS, PART 8 THE BANK OF N. Y., as Trustee UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1995, SERIES 1995- Plaintiff( s) Index No. 003403/03 Seq. No. Motion submission: 6/14/04 ORDER GRANTING SUMMARY mdgment AND APPOINTING A REFEREE TO COMPUTE -against- JEAN R. SEJOUR, SANDRA SEJOUR, USAA FEDERAL SAVINGS BANK JOHN DOES" and "JANE DOES", SAID NAMES BEING FICTITIOUS, PARTIES INTENDED BEING POSSIBLE TENANTS OR OCCUPANTS OF PREMISES, AND CORPORATIONS, OTHER ENTITIES OR PERSONS WHO CLAIM, OR MAY CLAIM, A LIEN AGAINST THE PREMISES Defendant( s) The following papers read on this motion: Notice of Motion... UPON reading and filing the Notice of Motion dated October 30 2003; the affidavit of John Dunnery, sworn to on March 7, 2003; and
the affirmation of Christine Dunn, Esq., dated October 30, 2003; the exhibits thereto annexed, all in support thereof, and upon the summons and complaint, the affidavits of service thereof upon the several defendants herein, all duly filed, and it appearing to the satisfaction of this Court from the aforesaid documents that this action was brought to foreclose a mortgage on real property situated in the County ofn assau State of New York, and that the entire unpaid balance secured thereby is due and owing; and that the summons and complaint were duly served upon all defendants and that the time prescribed by law to answer has expired, the same not being extended, and it appearing that all defendants are in default or have appeared and waived notice of the within application, except for defendant SANDRA SEJOUR, who appeared herein pro se and interposed an answer and affirmative
defense to the complaint, and defendant USAA FEDERAL SAVINGS BANK, who submitted a notice of appearance and demand and it appearing that none of the defendants herein is an infant, incompetent or absentee; and that a notice of pendency of this action was filed within twenty (20) days prior hereto, and that since the filing of said notice, the summons and complaint have not been amended by adding new parties to the action, or so as to affect premises not described in said notice, or so as to extend the claim of the plaintiff against the mortgaged premises; and upon all the pleadings and papers heretofore filed herein, and the proceedings heretofore had herein; and this matter having come on regularly to be heard before this Court, and there being no opposition submitted thereto, and due deliberation having been had NOW, upon motion of ROSICKI, ROSICKI & ASSOCIATES, attorneys for plaintiff, it is
ORDERED, that the motion hereby is granted, and it is further ORDERED, that the answer and affirmative defense interposed on behalf of the defendant USAA FEDERAL SAVINGS BANK, having been previously withdrawn upon condition that the notice of appearance and demands for surplus monies and deficiency judgment filed by Druckman & Sinel, LLP be acknowledged and received. ORDERED, that the answer and affirmative defense interposed on behalf of the defendant SANDRA SEJOUR be and the same is hereby stricken; and it is further ORDERED, that the answer interposed by defendant SANDRA SEJOUR be and hereby is deemed the usual appearance and waiver in foreclosure, requiring service of only Notice of Sale, Notice of
Proceedings for Surplus Monies, and Notice of Discontinuance of Action upon said defendants; and it is further ORDERED, that this action be and the same is hereby referred to THOMAS CARROLL, ESQ., 83 Laurel Drive, of New Hyde Park New York, 11040, (516) 328-1126, to ascertain and compute the amount due to plaintiff herein for principal, interest, water and sewer rentals, insurance premiums, taxes, repairs to, boarding, securing, protecting and maintaining the premises, mortgage insurance premiums, if any, and any other charges, except attorney s fees, and to examine and report whether the mortgage premises should be sold in one parcel; and that the said Referee make his report to this Court with all convenient speed; and it is further ORDERED, that the Referee appointed herein is subject to the requirements of Rule 36.2( c )of the Chief Judge and, if the Referee is
disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall notify the Appointing Judge forthwith; and it is further ORDERED, that the defendants served herein as "JOHN DOES" and "JANE DOES" be stricken from the caption as unnecessary parties defendant, and all papers and proceedings heretofore filed herein shall be deemed amended accordingly; and it is further ORDERED, that the caption herein be and hereby is amended to read as follows: ---------------------------------------------------- x THE BANK OF NEW YORK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31 1995, SERIES 1995- Plaintiff Index No. 03-003403 -against- JEAN R. SEJOUR; SANDRA SEJOUR; USAA FEDERAL SAVINGS BANK, Defendants. ------------------------------------------------------------- x
,. ~~~~.! ORDERED, that this motion be and the same is hereby granted in all respects, and that plaintiff have summary judgment for the relief demanded in the complaint and for such other and further relief as this Court may deem just and proper. ENTER: Dated: June 16, 2004 DJr S"Q lrn. John P. D nne S/L ' d ct-2 CJ (J ih7 ENTE E:.;i, 11"\ 8D CLRK' S UF Of"'"