PRESENT: Frederick Sampson Justice At IAS, Part of the Supreme Court of the State of New York, held in and for the County of Queens at the Courthouse, at 88-11 Sutphin Blvd, Jamaica, New York, on the day of, 2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X SIGNATURE BANK, -against- Plaintiff, Index No. 702516/2016 PETER KARAGEORGIOU and JOANNA KARAGEORGIOU, as tenants by the entirety, HUDSON INSURANCE COMPANY, PROPOSED ORDER OF REFERENCE JOHN DOES 1 10 and XYZ CORPORATION 1-10, the last two defendants being fictitious names of the Tenants/occupants of the subject premises, Defendants. ------------------------------------------------------------------------X UPON review of the Notice of Motion dated June 10, 2016, the attorney Affirmation dated June 16, 2016 and Affirmation of Merit affirmed to on June 16, 2016, the Summons and Complaint filed on March 3, 2016 and Notice of Pendency filed in this action on March 3, 2016, and the exhibits annexed thereto from which it appears that this action was brought to foreclose a certain mortgage on real property situated in the County of Queens, State of New York, at 213-08 99 th Avenue, Queens, New York (Block 11087, Lot 22) (the Property ), by reason of certain defaults as alleged in the Complaint, and it further appearing that all of the Defendants have been
duly served with a copy of the Summons and Complaint annexed as Exhibit #5 or have appeared herein and upon this Court s order dated January 3, 2017 annexed hereto as Exhibit A ; and NOW, on the motion of attorneys of record for the Plaintiff s assignee, it is ORDERED, that the motion is granted; and it is further ORDERED, that this action be, and the same is hereby referred to, having an office at, telephone number, as Referee, Fiduciary # to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and other disbursements advanced as provided for by statute and in the mortgage and note upon which this action was brought, to examine and report whether or not the mortgaged premises should be sold in parcels, and that the Referee make his/her report with all convenient speed and that, except for good cause shown, the Plaintiff shall move for judgment within a reasonable time thereafter; and it is further ORDERED, that pursuant to CPLR 8003(a) upon submission of the Referee s Report, Plaintiff shall pay $ to the Referee as compensation for his/her services, which sum may be recouped as a cost of litigation. 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 provision of that Rule, the Referee shall notify the Appointing Judge forthwith; 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 NYCCR Part 36), including but not limited to, Section 36.2(e) ( Disqualifications from appointment ), and Section 36.2(d) ( Limitations on appointments based upon compensation ); and it is further 2
ORDERED, that judgment in favor of the Plaintiff be granted as to the claims described in the Plaintiff s Complaint herein; and it is further ORDERED, that the caption of this action be amended by striking therefrom the remaining Defendants sued herein as John Doe and Earth Construction Corp.; and it is further ORDERED, that the caption of this action be amended to replace JFKYYZ 2016 L.P. as Plaintiff instead of Signature Bank; and it is further ORDERED, that the caption of this action as amended, shall read as follows: --------------------------------------------------------------------------x JFKYYZ 2016 L.P., - against - Plaintiff, PETER KARAGEORGIOU and JOANNA KARAGEORGIOU, as tenants by the entirety, HUDSON INSURANCE COMPANY and EARTH CONTRUCTION CORP. Defendants --------------------------------------------------------------------------x and it is further 3
ORDERED, that a copy of this Order with Notice of Entry shall be served upon the designated Referee, the owner of the equity of redemption, any tenants named in this action and any other party entitled to notice within twenty (20) days of entry and no less than thirty (30) days prior to any hearing before the Referee. The Referee shall not proceed to take evidence as provided herein without proof of such service, which proof must accompany any application for Final Judgment of Foreclosure and Sale. ENTER. J.S.C. 4
EXHIBIT A
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X SIGNATURE BANK, -against- Plaintiff, Index No. 702516/2016 PETER KARAGEORGIOU and JOANNA KARAGEORGIOU, as tenants by the entirety, HUDSON INSURANCE COMPANY, NOTICE OF ENTRY JOHN DOES 1 10 and XYZ CORPORATION 1-10, the last two defendants being fictitious names of the Tenants/occupants of the subject premises, Defendants. ------------------------------------------------------------------------X PLEASE TAKE NOTICE that the Decision & Order of the Frederick Sampson, Justice of the Supreme Court of the State of New York, County of Queens, dated January 3, 2017, a true copy of which is annexed hereto, was entered in the office of the Clerk of Queens, County on January 23, 2017 Dated: Cedarhurst, New York January 23, 2017 NEWMAN LAW, P.C. Attorneys for Plaintiff By: /s/. Evan M. Newman Aviva Francis 377 Pearsall Avenue, Suite C Cedarhurst, New York 11516 (516) 545-0343
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X SIGNATURE BANK, -against- Plaintiff, Index No. 702516/2016 PETER KARAGEORGIOU and JOANNA KARAGEORGIOU, as tenants by the entirety, HUDSON INSURANCE COMPANY, JOHN DOES 1 10 and XYZ CORPORATION 1-10, the last two defendants being fictitious names of the Tenants/occupants of the subject premises, AFFIRMATION OF SERVICE Defendants. ------------------------------------------------------------------------X Aviva Francis, an attorney duly admitted to practice before the Courts of this State, affirms the following under penalty of perjury: I am over the age of eighteen and not a party to this action. On January 23, 2017, I caused a copy of the Notice of Entry and Order and Order of Reference dated January 3, 2017, to be served in a post-paid wrapper under the exclusive care and custody of the United State Post Office by regular first class mail on : PETER KARAGEORGIOU 18 Lattingtown Ridge Ct. Locust Valley, NY 11560 HUDSON INSURANCE COMPANY 100 Williams Street, 5 th Fl New York, NY 10038 Earth Construction Corp. 213-08 99 th Avenue Queens Village, NY 11429 And on January 23, 2017 I served the following attorney with the aforementioned documents via NYSCEF DANIEL HIRSCHEL, attorney for JOANNA KARAGEORGIOU daniel@hirschelpc.com Dated: Cedarhurst, New York January 23 2017 /S/ Aviva Francis Aviva Francis