FILED: KINGS COUNTY CLERK 01/08/2019 04:31 PM
`FILED: KINGS COUNTY CLERK 01 08 2019 04:31 P
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`NYSCEF DOC. NO. 63
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`NYSCEF DOC. NO. 63
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`INDEX NO. 508496/2015
`INDEX NO- 508496/2015
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`RECEIVED NYSCEF: 01/08/2019
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`RngELXF-D NYSCEF: 01/08/2019
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`of the Supreme Court of the State of
`At Part
`New York held in and for the County of Kings at the
`Courthouse at, 0 Adams Street Brooklyn, NY
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`11201, on the
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`day of______W7
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`Hon. Lawrence Knipel, J.S.C
`Present:
`SUPREME COURT OF THE STATE OF NEW YORK
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`COUNTY OF KINGS
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`Wells Fargo Bank, N.A.,
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`Plaintiff,
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`'against-
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`Hopeton Henry, Individually and as Administrator of the
`Estate of Leslie Henry; Deanne Henry; Colette Henry; Nicole
`Henry; Diamond Finance Co Inc; Municipal Credit Union;
`The United States of America acting through The Secretary
`of Housing and Urban Development; State of New York;
`City of New York Environmental Control Board; City of
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`J99 New York Parking Violations Bureau; City ofNew York
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`Transit Adjudication Bureau, and “JOHN DOE”, said name
`being fictitious, it being the intention of Plaintiff to designate
`any and all occupants of premises being foreclosed herein,
`and any parties, corporations or entities, if any, having or
`claiming an interest or lien upon the mortgaged premises,
`Defendants.
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`ORDER OF REFERENCE
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`Index No. 50849612015
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`Our File No.: 15-04372?
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`Foreclosure of:
`1 166 East 57th Street
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`Brooklyn, NY I 1234
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`Block 7836 Lot 59
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`2.3
`$
`‘55;
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`25
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`UPON the Notice of Motion dated April 21, 2016, the Summous, Complaint and Notice of
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`Pendency tiled in this action on July 9, 2015, annexed thereto, and upon the Affirmation ofBridget M.
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`Dehmler, Esq. of Shapiro, DiCaro & Barak, LLC, counsel for plaintiff, dated April 21, 2016, from which
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`it appears that this action was brought to foreclose a certain Home Equity Conversion Mortgage on real
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`prOperty situated in the County of Kings, State of New York, at l 166 East 57th Street, Brooklyn, NY
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`11234, (Block 7836 Lot 69) by reason of certain defaults as alleged in the Complaint, and upon the
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`Affidavit of Sherri W McManus, Vice President Loan Documentation, sworn to on April 8, 2016, and it
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`15-04372?
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`Order of Reference
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`Page 1 of 4
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`FILED: KINGS COUNTY CLERK 01/08/2019 04:31 PM
`FILED: KINGS COUNTY CLERK 01mz019 04:31 P
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`NYSCEF DOC. NO. 63
`NYSCEF DOCZJEPA _63_
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`INDEX NO. 508496/2015
`INDEX NO- 508496/2015
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`RECEIVED NYSCEF: 01/08/2019
`WED \lYSCEF: 01/08/2019
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`furthering appearing that all of the Defendants have been duly served with a copy of the Summons and
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`Complaint or have appeared herein, copies of such Affidavits of Service being annexed to the motion as
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`Exhibit “J”, and it appearing that no answer has been interposed by the Defendants though the time to
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`answer or appear has expired; and it appearing that none of the Defendants is an infant, incompetent or
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`absentee, or in the military, and that since the tiling of the Notice of Pendency ofthis action on July 9,
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`2015, the complaint has not been amended in any manner whatsoever; on the pleadings and papers
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`heretofore filed herein, and no one appearing in opposition hereto,
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`NOW, on motion of Shapiro, DiCaro & Ba'rak, LLC, the attorneys for the Plaintiff, it is
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`ORDERED, that the motion is granted; and it is further
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`ORDERED, thatthis action be, and thesame is herebyreferred to
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`as Referee to
` , certain and compute the amount due to the Plaintiff herein for principal, interest, and other
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`disbursements advanced as provided for by statute and in the Note and Mortgage upon which this action
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`was brought, to examine and report whether or not the mortgaged premises, should be sold in parcels,
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`and that the Referee make his/her report no later than 60 days of entry of this order and that, except for
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`good cause shown, the Plaintiff shall move forjudgment no later than 60 days of the date ofthe Referee’s
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`report; and it is further
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`15-04372?
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`Order of Reference
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`Page 2 of4
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`2 of 4
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`FILED: KINGS COUNTY CLERK 01/08/2019 04:31 PM
`@2019 04:31 1;)
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`NYSCEF DOC. NO. 63
`NYSCEF DOC. no,
`‘63.
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`INDEX NO. 508496/2015
`INDEX NO. 508496/2015
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`RECEIVED NYSCEF: 01/08/2019
`6,.
`:ECEIzgiED NYSCEF: 01/08/2019
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`ORDERED, that upon submission of the Referee’s Report, Plaintiff shall pay $250 to the Referee
`f
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`as compensation for his/her services, which sum may be recouped as a cost of litigation; and his further
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`ORDERED, that the Referee appointed herein is subject to the requirements of Rule 362(0) of
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`the Chief Judge and, if the referee is disqualified from receiving an appointment pursuant to the
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`provisions of that Rule, the Referee shall notify the Appointing Judge forthwith; and it is further
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`ORDERED, that by accepting this appointment the Referee certifies that lie/she is in compliance
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`with Part 36 of the Rules of the Chiefjudge (22 NYCRR Part 36), including but not limited to, § 36.2(c)
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`(“Disqualifications from appointment”), and § 36.2 (d) (“Limitations on appointments based upon
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`compensation” ; and it is further
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`ORDERED, that a default judgment in favor of the Plaintiff is granted as to the claim described
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`in the Plaintiff‘s Complaint herein, and it is further
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`ORDERED, that the caption of this action be amended by substituting Nicole Stewart, Denico
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`Stewart and Andre Gordon in place of “JOHN DOE”, without prejudice to the proceedings heretofore
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`had herein; and it is further
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`15-043727
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`Order of Reference
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` INDEX NO. 508496/2015
`INDEX NO. 508496/2015
`FILED: KINGS COUNTY CLERK 01/08/2019 04:31 PM
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`R«.c«.r;g«.n \iYSCEF: 01/08/2019
`NYSCEF DOC. NO. 63
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`RECEIVED NYSCEF: 01/08/2019
`NYSCEF DOC. NO. 63
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`ORDERED, that the caption ofthis action, as amended, shall read as follows:
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`SUPREME COURT OF THE SPAPE OF NEW YORK
`COUNTY OF KINGS
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`Wells Fargo Bank, NA,
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`Plaintiff,
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`Index No. 508496/2015
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`-against-
`Hopeton Henry, Individually and as Administrator of the
`Estate of Leslie Henry; Deanne Henry; Colette Henry; Nicole
`Henry; Diamond Finance Co Inc; Municipal Credit Union;
`The United States of America acting through The Secretary
`of Housing and Urban Development; State of New York;
`City of New York Environmental Control Board; City of
`New York Parking Violations Bureau; City of New York
`Transit Adjudication Bureau; Nicole Stewart; Denice
`Stewart; Andre Gordon,
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`Defendants.
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`and it isfurther;
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`ORDERED, that a copy of this Order with Notice of Entry shall be served upon the designated
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`Referee, owner of the equity of redemption, any tenants named in this action and any other party
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`entitled to notice within 20 days of entry and no less than 30 days prior to any hearing before the Referee.
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`The Referee shall not proceed to take evidence as provided herein without proof of such service, which
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`proof must accompany any application for Final Judgment of Foreclosure and Sale.
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`Date:
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`ENTER,
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`Hon. Lawrence Knipel, J.S.C.
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`15-04372?
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`Order of Reference
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