FILED: SUFFOLK COUNTY CLERK 04/11/2018 11:44 AM
`FILED: SUFFOLK COUNTY CLERK 041112018 11:44 ‘
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`NYSCEF DOC. NO. 67
`NYSCEF Doc. NO. 67
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`INDEX NO. 064131/2014
`INDEX ,NO- 064131/2014
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`RECEIVED NYSCEF: 03/30/2018
`R<.C«.IV«.D \IYSCEF: 03/30/2018
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`At lAS PartY—Eofthe Supreme Court of
`the State of Natl—York held in and for the
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`County of Suffolk at the Courthouse thereof.
`located at. One Court Street. Riverhead. NY
`11901.01]
`fl’ltmL lfi‘
`.2013?
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`Present: Hon. James C. Hudson. J.S.C. M .
`SUPREME COURT OF THE STATE OF EW YORK
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`COUNTY OF SUFFOLK
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`Wells Fargo Bank. NA. as Trustee. in trust for the
`registered holders of MASTR Asset Backed Securities Trust
`2007-NCW. Mortgage Pass-Through Certificates.
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`SUMMARY/DEFAULT
`JUDGMENT AND ORDER
`OF REFERENCE
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`ORDER GRANTING
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`Plaintiff,
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`Index No. 064131/2014
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`-against—
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`Bryan McCormack; American Express Bank FSB:
`Mashantucket Pequot Gaming Enterprise DBA Foxwoods
`Resort Casino; Yellow Book Sales and Distribution
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`Company. Inc.: New York State Department of Taxation &
`Finance. 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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`On reading the (i) Notice of Motion dated October 5. 2017. to dismiss the Answer. drop
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`Defendants. amend title and appoint a referee to compute. filed by Wells Fargo Bank. N.A.. as
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`Trustee. in trust for the registered holders of MASTR Asset Backed Securities Trust 2007-NC W.
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`Mortgage Pass-Through Certificates the Plaintiff herein. (ii) the Plaintiff‘s Affidavit in Support
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`thereof dated July 26. 2017 and (iii) the Aftinnation. dated October 5. 2017. of Ellis M. Oster.
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`Esq. of Shapiro. DiCaro & Barak. LLC. the attorneys for Plaintiff; and on all the pleadings.
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`papers and proceedings heretofore had herein; and the Plaintiff‘s Motion having come on to be
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`14-03293]
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`Order of Reference
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`Page I of—l
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`FILED: SUFFOLK COUNTY CLERK 04/11/2018 11:44 AM
`FILED: SUFFOLK COUNTY CLERK 04m2018 11:44 ‘
`
`NYSCEF DOC. NO. 67
`NYSOEF DOC. NO. 67
`.
`
`INDEX NO. 064131/2014
`INDEX ,NO- 064131/2014
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`
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`RECEIVED NYSCEF: 03/30/2018
`R<.C«.IV«.D \IYSCEFz. 03/30/2018
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`heard before this Court on October 26. 2017: and due deliberation having been had on all the
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`issues and matters raised therein: it is
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`ORDERED.
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`that
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`the Answer of Defendant. Bryan McConnack. be stricken and
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`dismissed and the appearance of such Defendant be limited to a notice of appearance and waiver
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`of service of all papers and of notices of all proceedings in said action except copy of Referee's
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`Oath and Report of Amount Due. copy of Judgment of Foreclosure and Sale. Notice of Entry of
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`Judgment. Notice of Sale. copy of Referee‘s Report of Sale. and notice of proceedings to obtain
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`surplus moneys: and it is further
`ORDERED, that
`a;
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`\ ~
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`v r L
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`. Esq. with an address of
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`— g; o— 75¢ 4
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`.
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`u-\\\/
`UPC“ (liwuubfl’ 9w“
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`'s hereby appointed as Referee to ascertain and computeAIhe amount due except for attomey‘s
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`"7:.—-—
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`fees upon the Bond/Note and Mortgage upon which this action was brought. to examine and
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`report whether the mortgaged premises (District 0200 Section 420.00 Block 02.00 Lot 026.000) as
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`further described in the Complaint in this action and hereinafter described. should be sold in one
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`or more parcels. and that the Referee make his/her report to this Court with all convenient speed:
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`{Nut/93:
`Put it is further
`ORDERED. that. if-reqni-rcd. the Referee take testimony ursuant to RPAPL § 1321z-and—
`If
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`5 «t4 apox Pv/‘Wr vii-(r up M Cflv"
`//
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`/‘
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`ORDERED.
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`that by accepting this appointment the referee certifies that he/she is in
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`compliance with Part 36 ofthe Rules ofthe ChiefJudge (22 NYCRR Part 36). including. but not
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`limited to.
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`section 36.2(c)
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`("Disqualifications from appointment"). and section 36.2 (d)
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`("Limitations on appointments based upon compensation"): and it is further
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`14-032931
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`Order of Reference
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`a IJ 9. 4..
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`Pah.
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`FILED: SUFFOLK COUNTY CLERK 04/11/2018 11:44 AM
`FILED: SUFFOLK COUNTY CLERK 0413-12018 11:44 A
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`NYSCEF DOC. NO. 67
`NYSCEF DOC. NO. 67
`w
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`INDEX NO. 064131/2014
`INDEX ,NO- 064131/2014
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`RECEIVED NYSCEF: 03/30/2018
`R<.C«.IV«.D \IYSCEF: 03/30/2018
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`ORDERED, that the caption of this action be amended by substituting "John Doe" and
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`"Jane Doe" in place of “John Doe”, as necessary parties, who were served with a copy of the
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`Summons and Complaint without prejudice to the proceedings heretofore had herein; and it is
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`further
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`ORDERED, that the caption of this action, as amended, shall read as follows:
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
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`Wells Fargo Bank, N.A., as Trustee, in trust for the
`registered holders of MASTR Asset Backed Securities Trust
`2007-NCW, Mortgage Pass-Through Certificates,
`Plaintiff,
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`—against—
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`Bryan McCormack; American Express Bank FSB;
`Mashantucket Pequot Gaming Enterprise DBA Foxwoods
`Resort Casino; Yellow Book Sales and Distribution
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`Company, Inc.; New York State Department of Taxation &
`Finance; "John Doe"; “Jane Doe"
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`Defendants.
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`and it is further
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`Index No. 064131/2014
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`ORDERED, that a default judgment in favor of the Plaintiff and against all of the non-
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`answering Defendants is granted as to all of the facts and issues described in the Plaintiff’s
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`Complaint herein; and it is further
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`ORDERED, that a copy of this Order with Notice of Entry shall be served upon the
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`owner of the equity of redemption, any tenants named in this action and any other parties
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`entitled to notice; and it is further
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`14-032931
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`Order of Reference
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`Page 3 of4
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`FILED: SUFFOLK COUNTY CLERK 04/11/2018 11:44 AM
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`FILED: SUFFOLK COUNTY CLERK 0413-12018 11:44 ‘
`
`NYSCEF DOC. NO. 67
`NYSCEE Doc. NO. 67
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`‘
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`INDEX NO. 064131/2014
`INDEXNO- 064131/2014
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`RECEIVED NYSCEF: 03/30/2018
`R<.C«.IV«.D \IYSCEF; 03/39/2018
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`ORDERED. that pursuant to CPLR 8003(a)(the-stamm'ry‘fEE‘Uf-$50706)(in the discretion
`c1)—
`). shall be paid to the Referee for the Computation Stage and upon
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`of the Court. a fee of $5; ] 2
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`d thefilingofhis/herreport; and it is further
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`6;
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`’
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`ORDERED. that the Referee appointed herein is subject to the requirements of Rule
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`36.2(c) of the Chief Judge and. if the referee is disqualified from receiving an appointment
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`pursuant to Fgovisions ofthat Rule. the Referee shall notify the Appointing Judge forthwitlmadlz
`#44 v
`%
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`ENTER,
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`()Ri’FRi-ZD. pitlillllli mml nulULir 1n .1”) ‘u up.) til :miur for
`judgllwnl ul'lurct’lmurc .utd \ulc. u pi m mun lur mmpliuncc
`with the Sull'ulit County Local Rule for tiling. ot'lhu Foreclosure
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`,/
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`t):
`1453mm 5 rplus Monies form. pursuant to Sutl'olk ‘
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`, Wcmdcr #41-13
`0
` ) Airfbtc.
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`flames C. Hudson
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`Attomey certification pursuant
`to EZNYCRR §l30-l.l-a
`is affixed to inside cm‘er.
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`GRANTED
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`MAR 0 1 2018
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`_
`Judith M. Pascale
`CLERK OF SUFFOLK COUNTY
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`14-03293]
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`Order of Reference
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`Page 4 (if-1
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`4 of 4
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