On reading and filing the notice of motion and annexed affirmation of George Franke, Esq., both dated October 25, 2023, with exhibits annexed, all with due proof of of this is sought for an order service thereon, wherein leave Court discontinuing above-entitled action, , vacating the Judgment of Foreclosure and Sale, and canceling certain notice of pendency heretofore filed in the Office of the Clerk of the County the

of Kings on or about June 21, 2016; and vacating the Judgement of Foreclosure and Sale entered in this action; and upon all of the pleadings and proceedings heretofore had

that the County Clerk of Kings County is directed, upon payment of the proper fees, if any, to cancel and discharge of record a certain Notice of Pendency filed herein on June 2016 against known as Block 4312 Lot 40, and said 21, property Clerk is hereby directed to enter upon the margin of the record of same a Notice of Cancellation referring to this Order; and it is further

that the Referee appointed herein to sell the subject premises pursuant to the Judgment of Foreclosure and Sale, be and he/she hereby is relieved and discharged and all obligations and requirements thereunder, and it is further of any

that the Judgment of Foreclosure and Sale, duly made and entered in this action on February 5, 2019, be and the same is hereby vacated and the Clerk of the Court is directed to mark his/her records accordingly; and it is further

At an IAS Abadof the Supreme Court of the State of New York, held in and for the County of Suffolk at the Courthouse thereof, Supreme Court Building, 1 Court Street, Riverhead, New York on the an day of : 2023.

peteonsiteneareneeeecae erereneereseeeeeneerewesx On reading and filing the notice of motion and annexed affirmation of George Franke, Esq., both dated September 18, 2023, with exhibits annexed, all with due proof of service thereon, wherein leave of this Court is sought for an order discontinuing the above-entitled action, , vacating the Judgment of Foreclosure and Sale, and canceling a certain notice of pendency heretofore filed in the Office of the Clerk of the County of Suffolk on or about November 2, 2015 and re-filed on May 22, 2018; and vacating the Judgement of Foreclosure and Sale entered in this action; and uponall of the pleadings and proceedings heretofore had herein, and there being no opposition hereto and this

application having come on to be regularly heard before me, and after due deliberation having been had; NOW,on motion of McCABE, WEISBERG & CONWAY,LLC,attorneys for plaintiff, it is ORDERED,that said motion hereby is granted, and it is further ORDERED,that the above entitled action, including any and all counterclaims, be and the same is hereby discontinued, all without prejudice and without costs to either party as against the other; andit is further ORDERED, that the County Clerk of Suffolk County is directed, upon payment of the proper fees, if any, to cancel and discharge of record a certain Notice of Pendency filed herein on November 2, 2015 and an extended Notice ofPendency filed herein May 22, 2018 against property known as Section 475.00.

Block 01.00 Lot 059.000, and said Clerk is hereby directed to enter upon the margin of the record of same a Notice of Cancellation referring to this Order; andit is further

that the Referee appointed herein to seil the subject premises pursuant to the Judgment of Foreclosure and Sale, be and he/she hereby is relieved and discharged of any andall obligations and requirements thereunder, and it is further | ORDERED,that the Judgment of Foreclosure and Sale, duly made and entered in this action on March 12, 2019, be and the same is hereby vacated and the Clerk of the Court is directed to mark his/her records accordingly; and it is further

At Part __ of the Supreme Court of the State of New York, held in and for the County of KINGS at the Courthouse located at 360 Adams Street, Brooklyn, NY 11201 on the ___ day of __________________________.

DOE #1” through “JOHN DOE #10”, said names being fictitious and unknown to plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises, Defendants.

UPON READING AND FILING, of the annexed Notice of Motion, dated October 16, 2023, the Attorney Affirmation of Raspreet Bhatia Raspreet Bhatia, Esq. of Greenspoon Marder LLP, dated October 16, the Affidavit of Merit and Amount Due of Daniel Delpesche, sworn to on June 20, 2023, and upon the exhibits respectively annexed thereto, including the Summons and Complaint, duly filed with the Office of the Clerk of the County of KINGS on March 04, 2016; the Notice of Pendency filed on March 04, 2016 and September 27, 2021; and upon all 51543.0617 proceedings in this case to date, it is hereby ORDERED, that Plaintiff’s motion is granted in its entirety; and it is further ORDERED, that default judgment is hereby granted in favor of plaintiff against the above-captioned defendants; and it is further ORDERED, that “JOHN DOE #1” through “JOHN DOE #10,” be removed; and it is further ORDERED, that the caption be amended to and shall read as

that this action be, and the same is hereby referred to: ____________________________ of ___________________________________ as Referee to ascertain and compute the amount due to the Plaintiff for principal, interest and other disbursements advanced as provided for in the note and mortgage upon which this action was 51543.0617 brought, to examine and report whether or not the mortgaged premises can be sold in parcels, and that the Referee make his/her report to the 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 Justice forthwith; and it is further ORDERED, that 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 to litigation; and it is further ORDERED, that a copy of this Order with Notice of Entry shall be served upon the designated Referee, the owner of the equity 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.