JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.)
Jamison sworn to March 17, 2020; establishing a good and sufficient cause of action against the Defendant(s), KALMAN STREICHER who is a necessary party defendant herein, and upon the summons, complaint and notice of pendency of action, from all of which it appears that the Defendant(s) cannot be served personally within the State of New York, and Plaintiff submitted proof to the Court's satisfaction that the location of the Defendant(s) or his/her personal representatives cannot with due diligence be ascertained and that the Plaintiff has been and will be unable in the exercise of such due diligence to make personal service of the summons herein or by any other prescribed method on the defendant within the State; NOW, upon submission of Richard Fay, Esq., attorney for the Plaintiff, it is ORDERED, that the Plaintiff is granted leave to issue, file and serve, where required the annexed supplemental summons and amended complaint and amended notice of pendency of action, and that the caption of this action be amended to conform with the caption as shown on the supplemental summons, amended complaint and amended notice of pendency of action without prejudice to any of the proceedings herein; and it is further ORDERED that service of the supplemental summons in the above-entitled action upon the Defendant(s), KALMAN STREICHER, together with a notice and brief statement of the object of the action and a brief description of the property, be published in two (2) newspapers, at least one of which shall be in the English language, to wit: ________________________________________ and ________________________________________, published and distributed in the county of Kings, and State of New York, most likely to give notice to the Defendant, once a week for four (4) consecutive weeks, the first such publications to be made within thirty (30) days after the granted date of this order; and it is further ORDERED that the supplemental summons and amended complaint and amended notice of pendency be delivered on behalf of the Defendant, KALMAN STREICHER who may be served by publication pursuant to this Order, to______________________________________, Esq. who is hereby
authorized, empowered and designated to appear herein Guardian Ad Litem and Military Attorney on behalf of any said Defendant who may be absentee, infant, or incompetent, or unknown successors in interest of the Defendant who may be deceased, or Defendant who may be in military service and to protect and defend the interests of said Defendant in this action, upon the filing of his/her acknowledged consent and duly qualifying affidavit; and it is further ORDERED, that the Guardian Ad Litem and Military Attorney shall also act for the Defendant, should he/she be in default and be in the military service of the United States of America, for the purpose of representing him/her and protecting his/her interests in this action pursuant to the provisions of the Solders' and Sailors' Civil Relief Act and Military Law of 1940, as amended, and the Military Laws of the State of New York; and it is further ORDERED, that the date of entry of this Order with the county clerk is deemed to be the date of the granting of this order for the purpose of compliance with CPLR § 316; and it is further ORDERED, that the time to serve all defendants pursuant to CPLR 306-b is extended 120 days from the date of the filing of this order; and it is further ORDERED, that any appointee named herein shall comply with Rule 36 of the Chief Judge and Section 35-a of the Judiciary Law of the State of New York; and it is further ORDERED, that all pleadings and papers in this action, including but not limited to the notice of pendency of action, summons, and complaint be amended, and it is further ORDERED, that the Defendant Bank of America N.A.
be removed from the action as it is no longer a necessary party; and it further ORDERED, that the caption shall read as follows:
JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.)