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JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. DARLI MEJIA et al

Docket 601185/2016, New York State, Suffolk County, Supreme Court (Jan. 27, 2016)
Linda Kevins, presiding
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff - Petitioner JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
Defendant - Respondent Darli Mejia
Defendant - Respondent Francisco Morales
...
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ORDER - WITH COUNTY CLERK DIRECTIVE

Document JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. DARLI MEJIA et al, 601185/2016, 51 (N.Y. Sup. Ct., Suffolk County Jun. 1, 2018)
’ RaCaIVaD NYSCEF: 05/31/2018 At an[ ‘ Term Of the Supreme Court of the County of SUFF LKIn the , Stateof New York on the day Of ‘ , 2018 _
District: 0500 Section: 185.00 Block: 01.00 Lot: 018.000 The plaintiff, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, by its attorneys, FEIN SUCH & CRANE, LLP, having duly moved for an order pursuant to CPLR 3217(b) and 6514(a) directing that the above entitledAaction be discontinued, and the motion having regularly come on to be heard, Now upon reading and filing the notice ofmotion dated April Q, 2018, the affirmation of
in support of the motion, the pleadingsIn the above entitled action, and after due deliberation having been held thereon,
' , RhChrvho NYSCEF: 05/31/2018 ORDERED that the Notice,‘of_:Pelldency of this action, originally filed in the Office of the Clerk of‘SUFFOLK County on 01/27/16, for the real property located at 186 WESTWOOD DRIVE, :BRENTWOOD, NY 11717, and designated on the County of SUFFOLK tax map as District: 0500 , Section 185.00, Block 01.00, Lot»;018.000, becancelled; and it isfurther
_;andIt-is further - ORDERED that plaintiffis direCted to serve aCopy ofthis Order wi‘th Notice of Entry, within 30 da\s of the date of this 01del upon all parties W 10 have not waived futtller notice, ”and to .plomptl: file the Affidavit of Servicewith the Clerkof the Court.
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ORDER - OTHER

Document JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. DARLI MEJIA et al, 601185/2016, 52 (N.Y. Sup. Ct., Suffolk County May. 31, 2018)
RaCaIVaD NYSCEF: 05/31/2018 At Part 29 of the Supreme Court held in the ‘ County of Suffolk, at the One Court Street, Riverhead, NY Courthouse thereof, on the 30th day of May, 2018
""‘""T"""""""""x ' Pursuant to this Court’s Order of Discontinuance dated May 30, 2018 it is, ORDERED, that all pending motions, if any, are hereby denied as moot; and it is further , ORDERED, that plaintiff is directed to serve a copy of this Order with Notice of Entry, within 30 days of the date of this Order, upon all parties who have not waived further notice, and to promptly file the Affidavit of Service with the Clerk of the Court.
, This constitutes the Order of the Court.
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NOTICE OF MOTION

Document JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. DARLI MEJIA et al, 601185/2016, 44 (N.Y. Sup. Ct., Suffolk County Apr. 25, 2018)
upon the annexed affirmation dated April , 2018 of MADELINE
LLP, attorneys for plaintiff herein, and the exhibits annexed thereto, and upon the pleadings and proceedings heretofore had at the herein, the undersigned attorneys for plaintiff shall move this Court
on the 14™ day of May, 2018 at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order canceling the Notice of Pendency, discontinuing the instant action without prejudice, and for such other and further relief as this Court deems just and proper.
The above-entitled action is brought to foreclose a mortgage on real property.
that pursuant to CPLR 2214(b), answering papers, if any, are to be served upon the undersigned at least seven
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AFFIRMATION

Document JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. DARLI MEJIA et al, 601185/2016, 47 (N.Y. Sup. Ct., Suffolk County Apr. 25, 2018)
On 01/27/16, Plaintiff commenced this action by filing a Summons and Verified Complaint in the Office of the Clerk of the County of
On 06/09/17 the Order Granting Summary Judgment and Appointing Referee to Compute was entered by the Honorable
A copy of said Order Granting Summary Judgment and Appointing Referee to Compute is annexed hereto at Exhibit cc >0
This matter has been settled and Plaintiff respectfully requests that this action be discontinued and the Notice of Pendency be canceled.
Plaintiff respectfully requests that the Notice of Pendency filed in the Office of the Clerk of SUFFOLK County on 01/27/16 herein be canceled of record and that the instant action be discontinued without prejudice.
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ORDER ( PROPOSED )

Document JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. DARLI MEJIA et al, 601185/2016, 46 (N.Y. Sup. Ct., Suffolk County Apr. 25, 2018)
At an the County Court of State of New York, the Supreme Term of in the of SUFFOLK day of on the , 2018
that the Notice of Pendency of this action, originally filed in the Office of the Clerk of SUFFOLK County on 01/27/16, for the real property located at 186 WESTWOOD
and designated on the County of SUFFOLK tax map as District: 0500 , Section 185.00, Block 01.00, Lot 018.000, be cancelled; and it is further
that the Order Granting Summary Judgment and Appointing Referee to Compute entered on 06/09/17, be Vacated ; and the Clerk is directed to mark the records accordingly, and it is further
that the Clerk of the County of SUFFOLK be and is hereby directed to cancel the Notice of Pendency of this action filed by the plaintiff herein on 01/27/16, and to make a note to that effect on the margin of the record of the Notice of Pendency referring to this order.
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EXHIBIT(S)

Document JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. DARLI MEJIA et al, 601185/2016, 50 (N.Y. Sup. Ct., Suffolk County Apr. 25, 2018)
UPON reading and filing the Notice of Motion of Plaintiff dated December 13,2016 for an Order striking the answer of Defendant DARLI MEJIA, directing the entry of Summary Judgment in favor of the Plaintiff against said Defendant for the relief demandedin the complaint and for an Orderpursuant to RPAPL §1321 appointing and directing a refereeto compute the amount due to the Plaintiff, and to examine and report whether themortgaged premisescan be sold in parcels,and to substitute the names of the occupants served with process in place of fictitiously named Defendantsand sinking the remaining fictitiously namedDefendants,and upon the summons and complaint herein, anddue proof that all Defendantshavebeenduly servedwith saidprocessor have voluntarily appearedin this action, 1 of
05/31/2017 AND upon the affidavit ofGARY BRUNTON, sworn to on November 3, 2016 on behalf of in suppon thereof and the affirmation dated December 13, 2016 of RICHARD D. Plaintiff FEMANO, ESQ.
of FEIN,SUCH& CRANE,LLP, attorneys for the Plaintiff, setting forth the prior proceedings and the various procedural facts which entitle the Plaintiffto the requestedrelief, and upon proof of due service thereof1 NOW, ON MOTION, of FEIN,SUCH& CRANE,LLP, attorneys for Plaintiff; thatPlaintiffs motion isgrantedand theAnswerof Defendant, DARLi MEJIA,
New York, (Telephone Number) is hereby appointed Refereeto, with convenient speed,ascertainand compute the amount due upon thebond(s)/note(s) andmongage(s) being foreclosed in this action, except attorneys' fees.
516/394-6921 LLP to 22 NYCRR 130-1.1, Pursuant and belief and reasonable inquiry, the undersigned, the contentions an attorney admitted to practice in the courts of New York State, certifies frivolous.
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ORDER - REFERENCE

Document JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. DARLI MEJIA et al, 601185/2016, 40 (N.Y. Sup. Ct., Suffolk County Jun. 9, 2017)
STATE OF NEW YORK; and JOHN DOE AND JANE DOE #1 through #7, the last seven (7) names being fictitious and unknown to the plaintiff, the persons or parties intended being the tenants, occupants, persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants.
UPON reading and filing the Notice of Motion of Plaintiff dated December 13, 2016 for an Order striking the answer of Defendant DARLI MEJIA, directing the entry of Summary Judgment in favor of the Plaintiff against said Defendant for the relief demanded in the complaint and for an Order pursuant to RPAPL §1321 appointing and directing a referee to compute the amount due to the Plaintiff, and to examine and report whether the mortgaged premises can be sold in parcels, and to substitute the names 70f the occupants served with process in place of fictitiously named Defendants and striking the remaining fictitiously named Defendants, and upon the summons and complaint herein, and due proofthat all Defendants have been duly served with said process or have voluntarily appeared in this action, lof3
R«.c«.1\f«.b NYSCE :' 0"5/31/2017 AND upon the affidavit of GARY BRUNTON, sworn to on November 3, 2016 on behalf of Plaintiff in support thereof and the affirmation dated December 13, 2016 of RICHARD D. FEMANO, ESQ.
of FEIN, SUCH & CRANE, LLP, attorneys for the Plaintiff, setting forth the prior proceedings and the various procedural facts which entitle the Plaintiff to the requested relief, and upon proof of due service thereof; NOW, ON MOTION, of FEIN, SUCH & CRANE, LLP, attorneys for Plaintiff, it is ORDERED, that Plaintiff s motion is granted and the Answer ofDefendant, DARLI MEJIA, be and the same hereby is stricken, and Plaintiff is entitled to judgment by default against the non- answering Defendants, FRANCISCO MORALES; PEOPLE OF THE STATE OF NEW YORK; STATE OF NEW YORK, and it is further ORDERED, that the Summons and Complaint and Notice of Pendency of this action and all proceedings had herein be and the same hereby are deemed amended, by substituting the names ofMARIA GALVEZ as defendant “JANE DOE #l ", and that the title ofthis action be and the same is hereby amended accordingly, all without prejudice to any ofthe proceedings heretofore had herein; and it is further ORDERED, that the fictitiously named defendants captioned as “JOHN DOE and JANE DOE #2 through #7", inclusive, be severed and stricken from the caption herein and that the action be discontinued as to them, all of the foregoing without prejudice to any of the proceedings heretofore had herein or to be had herein, with the caption hereinafier to read as follows:
& New York, (Telephone Number)é2/?—L) 73 ’ 93‘39\ is hereby appointed Referee to, with $0 convenient speed, ascertain and computethe amount dueuponthebond(s)/note(s) andmortgage(s) \, being foreclosed in this action, except attorneys” fees, and to examine and report whether the, mortgaged premises can be sold in parcels; and it is further > ORDERED that by accepting this appointment, the Referee certifies that he/she is in / compliance with Part 36 ofthe Rules ofthe ChiefJudge (22 NYCRR Part 36), including, but not limited to, section 36.2 (c) ("Disqualifications from appointment"), and section 36.2 (d) ("Limitations on appointments based upon compensation"); and it is further ORDERED, that, ifrequired, the Referee take testimony pursuant to RPAPL Section 1321 ; and it is further ORDERED, thatpursuanttoCPLR8003(a)(the-stetuteryfeeofflifierfle) (Inthediscretion fl 639 ofthe courtafee of$ 6 O’ , shallbepaidtotheReferee forthecomputation stage andupon the filing ofhis/her report; and it is further ORDERED that the Referee is prohibited from accepting or retaining any funds for 1m/herselfor paying funds to him/herselfwithout compliance with Part 36 ofthe Rules ofthe Chief Administrative Judge.
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