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.