FILED: ONEIDA COUNTY CLERK 04/13/2018 08:57 AM
`FILED: ONEIDA COUNTY CLERK 043,2018 08:57 AM
`
`NYSCEF DOC. NO. 28
`NYSCEF DOC. NO. 28
`
`
`
`INDEX NO. EFCA2017-001071
`NDEX'NO- 3FCA2017‘001071
`
`
`
`
`RaCaIVaD NYSCEF: 04/12/2018
`RECEIVED NYSCEF: 04/12/2018
`
`
`
`of the Supreme Court held in
`i
`At Part
`the County of Oneida at the
`7%
`Courthouse hereof, on the “l /
`day of
`é 2‘ 4&1
`, 2018.
`{W u
`FREEWWIMW
`
`SUPREME COURT
`
`JUSTICE O
`
`______________________________________________x
`CARRINGTON MORTGAGE SERVICES, LLC,
`
`'agmnSt'
`
`.
`.
`Plamff’
`
`______________________________________________ X
`
`INDEX N04 2017'001071
`32E- I 7 — 6953
`0RD R OF REFERENCE
`AND DEFAULT
`JUDGMENT
`
`.
`rt Add
`Pro
`ress.
`pe Y
`12 Oakdale Avenue S.
`
`New Hartford, NY 13413
`COUNTY: Oneida
`
`S: 328.12, B: l, L: 17.
`
`ROSANNE FLEETWOOD;
`“JOHN DOES” and “JANE DOES”, said names being
`fictitious, parties intended being possible tenants or
`occupants of premises, and corporations, other entities or
`persons who claim, or may claim, alien against the
`premises,
`
`Defendant(s).
`
`UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 6“1
`
`day of June 2017, the Notice of Motion dated February 15, 2018, the affirmation of Sandy J.
`
`Stolar, Esq., and the exhibits annexed thereto, the affidavit of merit and amount due by Tom
`
`Croft who is Senior Vice President of Carrington Mortgage Services, LLC, duly sworn to on
`
`January 31, 2018 together with the exhibits attached thereto, and all prior papers filed in this
`
`action and prior proceedings had herein; and
`
`UPON proof that each of the defendants herein has been duly served with the Summons
`
`and Complaint in this action and required notices; and
`
`Filed in Oneida County Clerks Office
`
`4/1 3120181 08:57:18 AM index # EFCA2017—00107i
`1 of 5
`
`
`FILED: ONEIDA COUNTY CLERK 043,2018 08:57 AM
`
`NYSCEF DOC. NO. 28
`NYSCEF DOC. NO. 28
`
`
`
`INDEX NO. EFCA2017-001071
`NDEX'NO- 3FCA2017‘001071
`
`
`
`
`RaCaIVaD NYSCEF: 04/12/2018
`RECEIVED NYSCEF: 04/12/2018
`
`
`
`of the Supreme Court held in
`i
`At Part
`the County of Oneida at the
`7%
`Courthouse hereof, on the “l /
`day of
`é 2‘ 4&1
`, 2018.
`{W u
`FREEWWIMW
`
`SUPREME COURT
`
`JUSTICE O
`
`______________________________________________x
`CARRINGTON MORTGAGE SERVICES, LLC,
`
`'agmnSt'
`
`.
`.
`Plamff’
`
`______________________________________________ X
`
`INDEX N04 2017'001071
`32E- I 7 — 6953
`0RD R OF REFERENCE
`AND DEFAULT
`JUDGMENT
`
`.
`rt Add
`Pro
`ress.
`pe Y
`12 Oakdale Avenue S.
`
`New Hartford, NY 13413
`COUNTY: Oneida
`
`S: 328.12, B: l, L: 17.
`
`ROSANNE FLEETWOOD;
`“JOHN DOES” and “JANE DOES”, said names being
`fictitious, parties intended being possible tenants or
`occupants of premises, and corporations, other entities or
`persons who claim, or may claim, alien against the
`premises,
`
`Defendant(s).
`
`UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 6“1
`
`day of June 2017, the Notice of Motion dated February 15, 2018, the affirmation of Sandy J.
`
`Stolar, Esq., and the exhibits annexed thereto, the affidavit of merit and amount due by Tom
`
`Croft who is Senior Vice President of Carrington Mortgage Services, LLC, duly sworn to on
`
`January 31, 2018 together with the exhibits attached thereto, and all prior papers filed in this
`
`action and prior proceedings had herein; and
`
`UPON proof that each of the defendants herein has been duly served with the Summons
`
`and Complaint in this action and required notices; and
`
`Filed in Oneida County Clerks Office
`
`4/1 3120181 08:57:18 AM index # EFCA2017—00107i
`1 of 5
`
`
`
`FILED: ONEIDA COUNTY CLERK 04/13/2018 08:57 AM
`FILED: ONEIDA COUNTY CLERK 04m2018 08:57 AM
`NYSC
`3F DOC. NO. 28
`NYSCEF DOC. NO. 28
`
`
`
`INDEX NO. EFCA2017-001071
`“DEX NO- 3FCA2017‘001071
`
`
`
`
`RfiCfiIVfiD NYSCEF:
`04/12/2018
`RECEIVED NYSCEF: 04/12/2018
`
`
`
`AND the Court having held a mandatory settlement conference pursuant to CPLR 3408
`
`whereby Plaintiff attended a settlement conference on December 13, 2017 but the defendant
`
`mortgagor failed to appear and the case was released from the settlement conference part;
`
`AND it appearing that ROSEANNE FLEETWOOD’S time to answer the complaint has
`
`expired; and
`
`AND it appearing to the satisfaction of this Court that this action was brought to
`
`foreclose a mortgage on real property located at 12 Oakdale Avenue S., New Hartford, NY
`
`13413 in the County of Oneida State of New York Section 328.12, Block 1, Lot 17.
`
`NOW, on motion by The Margolin & Weinrcb Law Group, LLP, attorney for the
`
`Plaintiff, it is hereby
`
`ORDERED that defendant(s) ROSEANNE FLEBTWOOD is determined to be in default;
`
`and it is further
`
`
`Q!" - with an address of
`
`NY I 1 33,15
`,
`, is hereby appointed Referee, in
`
`
`accordance with RPAPL §1321, to compute the amount due to Plaintiff and to examine whether
`
`the mortgaged property may be sold in parcels; and it is further
`
`ORDERED that the Referee make his/her computation and report with all convenient
`
`speed; and it is further
`
`ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321;
`
`and it is further
`
`ORDERED that by accepting this appointment the Referee certifies that he/she is in
`
`compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
`
`limited to §36.2(c) (“Disqualifications from appointment”), and §36.2(d) (“Limitations on
`
`2 of 5
`2 of 5
`
`
`
`FILED: ONEIDA COUNTY CLERK 04/13/2018 08:57 AM
`FILED: ONEIDA COUNTY CLERK 04m2018 08:57 AM
`
`NYSCEF DOC. NO. 28
`NYSCEF DOC. NO. 28
`
`
`
`INDEX NO. EFCA2017-001071
`
`”DEX NO- 3FCA2017‘001071
`
`
`
`RaCaIVaD NYSCEF: 04/12/2018
`RECEIVED NYSCEF: 04/12/2018
`
`appointments based upon compensation”), and, if the Referee is disqualified from receiving an
`
`appointment ;pursuant to the provision of that Rule, the Referee shall immediately notify the
`
`Appointing Judge; and it is further
`
`ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the
`discretion ofthe court, a fee of$ 1 7, i . 0D, shall be paid to the Referee for the computation
`
`of the amount due and upon the filing of his/her report and the Referee shall not request or accept
`
`additional compensationfor the computation unless it has been fixed by the court in accordance
`
`with CPLR 8003(a); and it is further
`
`ORDERED that the Referee is prohibited from accepting or retaining any funds for
`
`him/herself or paying fimds to him/herself without compliance with Part 36 of the Rules of the
`
`Chief Administrative Judge; and it is further
`ORDERED that “John Doe” and “Jane Doe” be removed as a party defendant in this
`
`action as no occupants reside at the property and the caption of this action be amended to reflect
`
`the removal of “John Doe” and “Jane Doe” as a party defendant; and it is further
`
`ORDERED that the caption shall read as follows:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ONEIDA
`
`______________________________________________ X
`CARRINGTON MORTGAGE SERVICES, LLC,
`
`INDEX N03 2017'001071
`
`-aga1nst-
`
`ROSANNE FLEETWOOD;
`
`And it is filrther.
`
`3of5
`3 of 5
`
`.............................................. x
`
`Plaintiff,
`
`Defendant(s).
`
`Property Address:
`12 Oakdale Avenue S.
`
`New Hartford, NY 13413
`COUNTY: Oneida
`
`S: 328.12,B: 1,L: 17.
`
`
`
`FILED: ONEIDA COUNTY CLERK 04/13/2018 08:57 AM
`FILED: ONEIDA COUNTY CLERK 043,2018 08:57 AM
`
`NYSCEF DOC. NO. 28
`NYSCEF DOC. NO. 28
`
`
`
`INDEX NO. EFCA2017-001071
`“DEX NO- 3FCA2017‘001071
`
`
`
`
`RaCaIVaD NYSCEF: 04/12/2018
`RECEIVED NYSCEF: 04/12/2018
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ONEIDA
`
`______________________________________________X
`CARRINGTON MORTGAGE SERVICES, LLC,
`
`INDEX N°-‘ 2017'001071
`
`______________________________________________X
`
`-against-
`
`Plaintiff,
`
`ROSANNE FLEETWOOD;
`“JOHN DOES” and “JANE DOES”, said names being
`fictitious, parties intended being possible tenants or
`occupants of premises, and corporations, other entities or
`persons who claim, or may claim, a lien against the
`premises,
`
`Defendant(s).
`
`ORDER OF REFERENCE AND DEFAULT JUDGMENT
`
`
`
`THE MARGOLIN &‘ WEI
`BY: /
`
`B 14Aw
`'
`
`.
`
`0UP, LLP
`
`"
`
`Sandy J. Stolar, Esq.
`Attorneys for Plaintiff
`165 Eileen Way, Suite 101
`Syosset, New York 11791
`516-921-3838
`
`4of5
`4 of 5
`
`
`
`FILED: ONEIDA COUNTY CLERK 04/13/2018 08:57 AM
`FILED: ONEIDA COUNTY CLERK 043,2018 08:57 AM
`NYSC 3F DOC. NO.
`28
`NYSCEF DOC. NO. 28
`
`
`IVD EX NO.
`EFCA2017—00107l
`INDEX NO. EFCA2017-001071
`
` «C flIV «CD NYSCI
`
`
`
`SF:
`04/12/2018
`RECEIVED NYSCEF: 04/12/2018
`
`ORDERED that Plaintiff shall serve a copy of the Order with Notice of Entry on all
`
`parties and persons entitled to notice, including the Referee appointed herein.
`
`This constitutes the Decision and Order of the Court.
`
`DATED:
`
`
`
`5 Of 5
`5 of 5
`
`
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