`NYSCEF DOC. NO. 90
`
`INDEX NO. 033184/2016
`
`RECEIVED NYSCEF: 11/08/2018
`
`At an IAS Part ofthe Supreme Court
`ofthe State of New York held in and
`for lhe Counw ofRockland at the
`Rockland County Counhouse located
`at One South Main Street, New City,
`Ner Yorl, on rhe ,l '\ dq ot *,lFlt
`,-
`t\:.ra,r u. ,
`20t8.
`
`PRESEN r: HON. THOMAS E. WAI-SH Il. J.S C
`
`ROSEANN BADAMAO.
`
`Plaintill'
`
`-agalnst-
`
`NICHOI-AS BERNHARD
`
`Delendant
`
`AMENDED
`DECISION & ORDER
`Index No. 033184/2016
`Motion#4-MG
`DC-N
`Adj: l2120/18
`
`l he Cou('s Decision and Order dated Seplember ,1, 2018 is Amended due to lhe unavailability of
`Maureen A. Moran, Esq. to act as Referee. The Couft is assigning a new Releree in the instant action.
`The balance ofthe Decision and Order remains in effect.
`The following papers numbered 1 read in connection with Plaintifls unopposed Notice of
`Motion fbr an Order (1) appointing a referee to determine the rights and interest ofthe Plaintiff,
`
`RoseAnn Badamo and Defendant Nicholas Bernhard, in the proceeds ofthe sale of 183 Terrace
`
`Avenue, Congers, New York and to distribute the proceeds accordingly and (2) granting such
`
`other and further reliefas this Court seemsjust and proper:
`
`PAPERS
`
`Notice of Motion (Motion # 4)/Al}jrmation of Kevin E. Staudt, Esq./
`Exhibits (A-B)
`
`\U\lBEREI)
`
`I
`
`Briefly, the instant action was one for partition and sale of a single family home located at
`183 Terrace Avenue, Congers, New York. Said premises were sold at public auction on
`
`November 16.2017 by Rettree Elizabeth Balsamo Distefano, Esq. Subsequent to the sale, the
`
`proceeds ofthe sale ($303,579.00) were placed in an escrow accou.t by the rel'eree (as per the
`
`I
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`1 of 3
`
`
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`FILED: ROCKLAND COUNTY CLERK 11/09/2018 08:55 AM
`NYSCEF DOC. NO. 90
`
`INDEX NO. 033184/2016
`
`RECEIVED NYSCEF: 11/08/2018
`
`Report ofSale e-filed on December 15, 2017). According to Plaintiffs counsel the prior Referee
`
`has resigned and has received her requested legal fees (Decision and Order dated February 22,
`
`20 t8).
`
`The paties are seeking an accounting to detemine the distribution ofthe proceeds
`currently in the albrementioned escrow account.
`
`As such, the Court is appointing
`
`'t--rrt- .9 it,'h Oao 5
`.'J4 J a,.t,/lr,J-run <J
`lau"+ Ni,. pqS+
`
`fbr the purpose ofperforming an accounting ofthe amounts due to the parties liom the proceeds
`
`ofthe sale olthe rcal propeny located at 183 Terrace Avenue, CongeN, New York.
`
`The instanl Referee is directed 1() conduct a hearing (ifneccssary). The Referee has the
`authoriry to seek all discovery and documentation necessary from the panies in suppon oftheir
`application lor determination ofthe distribution ofthe proceeds. The Ret'eree will submit said
`accounting to the undersigned along with a report ofthe determination to be So Orderer.l within
`
`ninety (90) days ofthe date hereof.
`
`The pafiies are to cooperate with the assigned Ref'eree and provide all requested
`
`documentation and appear lor all required meetings, hearings and other proceedings timely and as
`
`directed.
`
`Accordingly. it is hereby
`
`Oltl)ERlil). that
`instant action as Referee lbr the purpose ofobtaining an accounting and determining the
`distribution ofthe proceeds ofthe sale ol 183 Terrace Avenue, Congers, New York; and it is
`
`1
`
`is appoinled in thc
`
`further
`
`2
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`2 of 3
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`
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`FILED: ROCKLAND COUNTY CLERK 11/09/2018 08:55 AM
`NYSCEF DOC. NO. 90
`
`INDEX NO. 033184/2016
`
`RECEIVED NYSCEF: 11/08/2018
`
`ORI)ERED lhar
`
`!c
`as Ilcfiree is directcd to conduct
`a hearing (ifnecessary) and has the aulhority to seek all discovery and documentation necessary
`lionr the parties in support oflheir application for determination ofthe distribution ofthe
`proceedsi and il is l'urther
`
`t
`
`ORDERED. that
`
`as Referee will submit said accounting to
`
`thc undersigned along with a repoft ofthe detemination as to the proceeds for the undersigned to
`So Order uithin ninety (90) days ofthe date hereof; and it is further
`
`ORDEROD, the panies are to cooperate with the assigned Rel'eree and provide all
`
`requested documentation and appear lbr all required meetings, hearings and other proceedings
`
`timely and as directed; and it is further
`
`ORDERED, failure by the parties to proceed expeditiously and/or to delay the instant
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`accounting could result in sanctions; and it is further
`ORDERED. that the parties are to appear for a conference on THURSDAY
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`DECEMBER 20. 2018 at 9:30 a.m.
`
`The lbregoing is thc Couft s Decision and
`
`on
`
`HON. THOMAS E, WALSH II. J.S
`
`Dated: New City,
`November
`
`ry York
`
`,20r8
`
`To:
`
`KEVTN STAUDT, ESQ.
`McCULLOUGH. COLDBERGER & STAUDT. LLP
`Attomey for Plaintiff
`(via e-file)
`
`ROBERT S, LEWIS. ESQ
`Attomey for Det'endant
`(via e-file)
`
`3 of 3
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