At the Supreme Court of the State of New York held in and for the County of Kings, at the Courthouse thereof, at 360 Adams Street, Brooklyn, NY 11201, on the _____ day of __________________, 20___.
ORDERED, that the instant matter be restored to the active calendar; and it is further On the Notice of Motion dated April 25, 2024, the affirmation of Hillary Prada, Esq. sworn to April 25, 2024, the exhibits annexed hereto and upon all papers and proceedings had herein, it is:: ORDERED, that the motion of FRIEDMAN VARTOLO, the attorney for the named Plaintiff, Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VII-B (hereinafter “Plaintiff”), is granted in all respects; and it is further ORDERED, that the dismissal of the instant matter on February 2, 2024 is vacated; and it is further
ORDERED, that upon restoration, the caption of this action is further amended by replacing KATHLEEN BARNES, AS HEIR AT LAW AND DISTRIBUTEE OF THE ESTATE OF GERALD B. ARMSTEAD AKA GERALD ARMSTEAD with KATHLEEN BARNES IF
______________________________________________________________________, and telephone number is ______________________________, an attorney and counselor at law, who shall hereby be appointed Guardian ad Litem and Military Attorney for the unknown heirs-at- law, next-of-kin, distributes, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title, and interest in and to the real property described in the complaint; and is authorized to appear and defend this action on behalf of said individual(s); ORDERED, that said Guardian ad Litem and Military Attorney shall also act for said defendants should they be in default or be in the military service of the United States of America, and is hereby authorized and appointed for the purpose of representing their interest in this action pursuant to the provisions of the Soldiers’ and Sailors’ Civil Relief Act and Military Law of 1940, as amended and the Military Law of the State of New York; and it is further ORDERED, that the Plaintiff shall compensate the aforementioned Guardian ad Litem and Military Attorney $250.00 for his/her services; and it is further ORDERED, that the Plaintiff's Motion for Order of Reference and Judgment of Foreclosure and Sale be made on notice to the Guardian Ad Litem; and it is further ORDERED, that the Guardian Ad Litem and Military Attorney is directed to execute his/her oath and that the same shall be filed with the Kings County Clerk’s Office; and it is further
GERALD B. ARMSTEAD AKA GERALD ARMSTEAD default in answering or in otherwise moving, said defendants shall be bound by all of the terms and conditions set forth in the summons and complaint, order of reference and judgment of foreclosure and sale, nunc pro tunc, as if said defendant were a party to this action before entry of the respective orders; and it is further ORDERED, that the foreclosure sale to be had pursuant to a judgment of foreclosure and sale entered herein shall sever and extinguish any rights, title and interest of the Defendants, which are subordinate to Plaintiff's mortgage.