`NYSCEF DOC. NO. 45
`
`INDEX NO. 623699/2017
`
`RECEIVED NYSCEF: 11/29/2018
`
`SHORT FORM ORDER
`
`INDEX NO. 623699t2017
`
`SUPREME COURT. STATE OF NEW YORI(
`IAS PART 49 . SUFFOLK COUNTY
`
`PRESENT: Hon. C. RANDALL HINRICHS
`Justice of the Supreme Court
`
`Motion Date: 5/30/2018
`Motion Sequence: 001-MG
`
`DRUCKMAN LAW GROUP PLLC
`Attomeys for Plaintiff
`242Drexel Avenue
`Westbury, NY 11590
`
`FRIEDMAN LAW ASSOCIATES PC
`Attorney for Defendants CASTELLANOS
`300 Wheeler Road
`Suite 101
`Hauppauge, NY I1788
`
`U.S. BANK TRUST NATIONAL ASSOCIATION, AS
`TRUSTEE OF CVF III MORTGAGE LOAN TRUST II,
`
`Plaintiff,
`
`-against-
`
`JOHNNY A. CASTELLANOS NKIAJOHNNY
`CASTELLANOS, CARMEN M. CASTELLANOS
`NK/A CARMEN CASTELLANOS, CLERK OF THE
`SUFFOLK COUNTY TRAFFIC & PARKING
`VIOLATIONS AGENCY, KMT GROUP LLC,
`MIDLAND FUNDING LLC DBA IN NEW YORK AS
`MIDLAND FUNDING OF DELAWARE LLC,
`CAPITAL ONE BANK USA NA, CLERK OF THE
`SUFFOLK COUNTY DISTRICT COURT, "JOHN DOE
`I to JOHN DOE25", said names being fictitious, the
`persons or parties intended being the persons, parties,
`corporations or entities, if any, having or claiming an
`interest in or lien upon the mortgaged premises described
`in the complaint,
`
`Defendants.
`
`Upon the papers submitted on this motion for summary judgment and an order of reference, it is,
`
`ORDERED that this motion by plaintiff for an order awarding it summary judgment against the
`answering defendants and fixing the defaults against the remaining defendants joined by service of
`process, identifuing and./or deleting unknown defendants, amending the caption, and for an order
`appointing a referee to compute, is considered under CPLR 3212,3it5,100i, RpApL $1321, and is
`granted; and it is further
`
`ORDERED that plaintiff shall forthwith serve an executed copy of the order of reference
`amending the caption of this action upon the Calendar Clerk of this court; and it is further
`
`1 of 2
`
`
`
`FILED: SUFFOLK COUNTY CLERK 11/29/2018 10:53 AM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 623699/2017
`
`RECEIVED NYSCEF: 11/29/2018
`
`ORDERED that within 30 days of the entry date of this order, plaintiff shall serve a copy of the
`order of reference with notice of entry upon all parties who have appeared in this action and not waived
`further notice, and thereafter file the affidavit of service with the Clerk of the Court.
`
`Plaintiffls unopposed motion sufficiently demonstrates its entitlement to the relief requested
`(see U.S. Bank N.A. v Cox, 148 AD3d 962,49 NYS3d 527 l2dDept20l7 ); Deutsche Bank Natl.
`Trust Co. v Islar,l22 AD3d 566,996 NYS2d 130 [2d Dept 2014]; Plaza Equities, LLC v Lamberti,
`118 AD3d 688, 986 NYS2d 843 lzd Dept 20141:' Jessabell Realty Corp. v Gonzales, I 17 AD3d 908,
`985 NYS2d 897 [2d Dept 2014]). Defendants answer is insufficient, as a matter of law, to defeat
`plaintifflsunopposedmotion(see FlagstarBankvBellaJiore,94AD3dI044,943NYS2d55l[2dDept
`2012h Wells Fargo Bank Minn. N.A. v Pere7,41 AD3d 590,837 NYS2d 877 lzdDept 20071). Where
`a defendant fails to oppose a motion for summary judgment, there is, in effect, a concession that no
`question of fact exists, and the facts as alleged in the moving papers may be deemed admitted (see
`Kuehne & Nagel v Baiden,36 NY2d 539,369 NYS2d 667 lt975l; NY Commercial Bank v J. Realty
`F. Rockaway, Ltd.,l09 AD3d 756,969 NYS2d 796l2d Dept 2013 l).
`
`The proposed order of reference, as modified by the Court, has been signed simultaneously with
`this order.
`
`Dated: october)l ,rorc
`
`C
`HON. C
`
`, J.S.C
`
`_FINAL DISPOSITION X NON-FINAL DISPOSTTTON
`
`2 of 2
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