..\. -,
`.~~."
`INDEX NO. 58943/2018
`FILED: WESTCHESTER COUNTY CLERK 02/22/2019 11:21 AM
`tee-
`-e'i
`NYSCEF DOC. NO. 34
`RECEIVED NYSCEF: 02/21/2019
`
`of the Supreme Court held
`At Part
`in the County of WESTCHESTER
`at the
`Courthouse
`thereof, cn the
`c:2J~-r day of r£6 , 2~~o/1
`.
`
`lion. WIllIam J. filllcolllO. JSC
`PRESENT:
`JUSTICE OF THE SUPREME COURT
`X
`- - - - - - - - - - - - - - - - - -
`KEYBANK, NATIONAL ASSOCIATION
`SUCCESSOR BY MERGER
`WITH FIRST NIAGARA BANK, N.A.
`Plaintiff,
`
`-against-
`
`INDEX NO.
`58943/2018
`
`ORDER OF REFERENCE AND
`DEFAULT JUDGMENT
`MORTGAGED
`PROPERTY:
`208 Smith Ridge Road,
`South Salem, NY 10590
`COUNTY: WESTCHESTER
`SBL# 45A;9827;5 and 6
`
`MILTON GALEAS, NEW YORK STATE DEPARTMENT OF
`TAXATION AND FINANCE,
`"JOHN DOE #1" through "JOHN DOE #20," the last
`twenty names being fictitious
`and unknown to
`plaintiff,
`the persons or parties intended being
`if
`the tenants, occupants,
`persons or corporations,
`any, having or claiming an interest in or lien upon
`the premises, described
`in the complaint,
`Defendants.
`
`X
`
`filed ~n this
`and Notice of Pendency
`UPON the Summons, Complaint,
`action on June 6, 2018, the affirmation
`of Ronald P. Labeck, Esq .., dated
`December 24, 2018 of Stagg, Terenzi,Confusione
`& Wabnik, LLP and the
`exhibits annexed thereto, the affidavit of merit and amount due by Irena
`Karovski who is a Banking Officer of KEYBANK, NATIONAL ASSOCIATION
`sworn ro on
`SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK. N.A .. rl1Jlv
`1 of 7
`
`
`.~~."
`INDEX NO. 58943/2018
`FILED: WESTCHESTER COUNTY CLERK 02/22/2019 11:21 AM
`tee-
`-e'i
`NYSCEF DOC. NO. 34
`RECEIVED NYSCEF: 02/21/2019
`
`of the Supreme Court held
`At Part
`in the County of WESTCHESTER
`at the
`Courthouse
`thereof, cn the
`c:2J~-r day of r£6 , 2~~o/1
`.
`
`lion. WIllIam J. filllcolllO. JSC
`PRESENT:
`JUSTICE OF THE SUPREME COURT
`X
`- - - - - - - - - - - - - - - - - -
`KEYBANK, NATIONAL ASSOCIATION
`SUCCESSOR BY MERGER
`WITH FIRST NIAGARA BANK, N.A.
`Plaintiff,
`
`-against-
`
`INDEX NO.
`58943/2018
`
`ORDER OF REFERENCE AND
`DEFAULT JUDGMENT
`MORTGAGED
`PROPERTY:
`208 Smith Ridge Road,
`South Salem, NY 10590
`COUNTY: WESTCHESTER
`SBL# 45A;9827;5 and 6
`
`MILTON GALEAS, NEW YORK STATE DEPARTMENT OF
`TAXATION AND FINANCE,
`"JOHN DOE #1" through "JOHN DOE #20," the last
`twenty names being fictitious
`and unknown to
`plaintiff,
`the persons or parties intended being
`if
`the tenants, occupants,
`persons or corporations,
`any, having or claiming an interest in or lien upon
`the premises, described
`in the complaint,
`Defendants.
`
`X
`
`filed ~n this
`and Notice of Pendency
`UPON the Summons, Complaint,
`action on June 6, 2018, the affirmation
`of Ronald P. Labeck, Esq .., dated
`December 24, 2018 of Stagg, Terenzi,Confusione
`& Wabnik, LLP and the
`exhibits annexed thereto, the affidavit of merit and amount due by Irena
`Karovski who is a Banking Officer of KEYBANK, NATIONAL ASSOCIATION
`sworn ro on
`SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK. N.A .. rl1Jlv
`1 of 7
`
`
`
`FILED: WESTCHESTER COUNTY CLERK 02/22/2019 11:21 AM
`NYSCEF DOC. NO. 34
`RECEIVED NYSCEF: 02/21/2019
`
`INDEX NO. 58943/2018
`
`ASSOCIATION SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A., duly
`sworn to on December 12, 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
`with the Summons
`and Complaint
`in this action
`and required
`and
`
`served
`notices;
`
`conference
`settlement
`held a mandatory
`AND the court having
`pursuant to CPLR 3408: A settlement was not reached and the case was
`released from the settlement conference part on November 27, 2018.
`
`AND it appearing that MILTON GALEAS and NEW YORK STATE DEPARTMENT
`OF TAXATION AND FINANCE, 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
`208 Smith Ridge Road, South Salem, NY 10590, in the County of
`WESTCHESTER, State of New York
`[Section 45A, Block 9827, Lots 5 and
`
`6].
`
`Confusione
`Terenzl,
`by Stagg,
`NOW, on motion
`attorney for the Plaintiff, it is hereby
`
`& Wabnik,
`
`LLP,
`
`ORDERED that defendant(s) MILTON GALEAS, NEW YORK STATE
`DEPARTMENT OF TAXATION AND FINANCE, are determined to be in default;
`
`and it is further
`
`2 of 7
`
`
`
`FILED: WESTCHESTER COUNTY CLERK 02/22/2019 11:21 AM
`NYSCEF DOC. NO. 34
`RECEIVED NYSCEF: 02/21/2019
`
`INDEX NO. 58943/2018
`
`~
`ORDERED
`that ~~
`III tHIII!'£, Srll.&e-r
`, is hereby
`in accordance
`Referee,
`appointed
`'l-.II/NS N.y.
`Wlllre:.
`J D(gtJ I
`with RPAPL S l32l~ to compute
`the amount
`due to Plaintiff
`and to
`
`with
`
`an address
`
`of
`
`examine
`
`whether
`
`the mortgaged
`
`property
`
`may be sold in parcels;
`
`and it
`
`is further
`
`ORDERED
`
`all convenient
`
`that the Referee
`make his/her
`and it is further
`
`speed;
`
`computation
`
`and report
`
`with
`
`ORDERED
`
`that,
`
`if necessary,
`
`the Referee
`
`may take testimony
`
`pursuant
`
`to RPAPL
`
`S132l;
`
`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
`
`122 NYCRR
`
`Part 36), including,
`
`but not limited
`
`to S36.2
`
`Ic)
`
`("Disqualifications
`
`from appointmentll
`
`)
`
`appointments
`
`based
`
`upon compensation"),
`
`r and ~36.2
`and, if the Referee
`
`(d)
`
`is
`
`("Limitations
`
`on
`
`disqualified
`
`from receiving
`
`an appointment
`
`pursuant
`
`to the provisions
`
`of that Rule, the Referee
`
`shall
`
`immediately
`
`notify
`
`the Appointing
`
`and it is further
`
`Judge;
`
`;¥- ORDERED
`
`that,
`
`pursuant
`
`and in the discretion
`
`$.;g.~,
`shall be paid to the Referee
`
`to CPLR 8003 (a), hAa s"a" ••,,"••\' fee of
`of the court,
`a fee of $ ~~,~
`
`for the computation
`
`of the amount
`
`due and
`
`upon the filing
`
`of his/her
`
`report
`
`and the Referee
`
`shall
`
`not request
`
`or
`
`accept
`
`additional
`
`compensation
`
`for the computation
`
`unless
`
`it has been
`
`,
`
`in accordance
`fixed by the court
`The R~f~;ee'sfees shall be:
`II~,Wupon the report 1 and
`l'
`2. c-.,!}l:) upon the sale,
`"
`3. $t50. 00 on any sale
`,,'
`r. ~3ttr:r~A\/l/r.-
`cancelled
`less than
`if hours notice
`
`,~A7~
`
`J A
`
`with CPLR 8003(a);
`
`and it is further
`
`3 of 7
`
`
`
`FILED: WESTCHESTER COUNTY CLERK 02/22/2019 11:21 AM
`NYSCEF DOC. NO. 34
`RECEIVED NYSCEF: 02/21/2019
`
`--_._------~.---------
`
`INDEX NO. 58943/2018
`
`or
`from accepting
`is prohibited
`that the Referee
`ORDERED
`retaining any .funds for him/herself or paying funds to him/herself
`without compliance with Part 36 of the Rules of the Chief
`Administrative
`Judge;
`and it is further
`
`ORDERED that defendants captioned as "JOHN DOE #1" through "JOHN
`DOE #20", not having been served with copies of the summons and
`verified
`complaint,
`are neither
`necessary
`nor proper
`party
`defendants
`and their name(s)
`are hereby
`stricken
`from the caption
`of this action;
`and it is further
`
`ORDERED that the caption shall read as follows:
`
`INDEX NO. 58943/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK .
`COUNTY OF WESTCHESTER
`------------------------------------------X
`KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY
`MERGER WITH FIRST NIAGARA BANK, N.A.
`Plaintiff,
`
`-against-
`MILTON GALEAS, NEW YORK STATE DEPARTMENT
`OF TAXATION AND FINANCE,
`
`Defendants.
`------------------------------------------X
`And it is further
`
`ORDERED that the date of default listed in paragraph 12 of the
`summons
`and complaint
`is hereby
`amended
`tunc as of June 6,
`nunc pro
`2018 to reflect the correct date of default as September 1, 2017; and
`it is further
`
`4 of 7
`
`
`
`FILED: WESTCHESTER COUNTY CLERK 02/22/2019 11:21 AM
`NYSCEF DOC. NO. 34
`RECEIVED NYSCEF: 02/21/2019
`
`INDEX NO. 58943/2018
`
`ORDERED that Plaintiff shall serve a copy of this Order with
`of entry
`on all parties
`and persons
`entitled
`to notice,
`notice
`including
`the Referee
`appointed
`herein.
`
`This constitutes
`
`the decision
`
`and order
`
`of the court.
`
`DATED:
`
`ENTER:
`
`~~::~~J~':"'=la::::C:::OIII=IO=.=J=5C=
`
`--------
`" - ~--
`
`-- ... -
`
`5 of 7
`
`
`
`INDEX NO. 58943/2018
`
`FILED: WESTCHESTER COUNTY CLERK 02/22/2019 11:21 AM
`RECEIVED NYSCEF: 02/21/2019
`NYSCEF DOC. NO. 34
`(30) days of the sale, the Referee shall upload
`ORDERED that within
`the "FORECLOSURE
`ACTION
`SURPLUS MONIES
`FORM" to the NYSCEF
`filed
`action under document type "FORECLOSURE ACTION SURPLUS MONIES FORM",
`with a copy to the Part Clerk
`(Steve Stone at sstone@nycourts.gov)
`for the undersigned;
`and it is further
`shall
`the Referee
`ORDERED
`that within
`(3) days
`of appointment,
`provide the Court with his/her e-mail address. This information must
`be provided to the Part Clerk
`(Steve Stone at sstone@nycourts.gov)
`for the undersigned.
`
`'.
`
`/
`
`6 of 7
`
`, ;,
`~:_/
`
`~-_."'-.-
`
`
`
`FILED: WESTCHESTER COUNTY CLERK 02/22/2019 11:21 AM
`NYSCEF DOC. NO. 34
`RECEIVED NYSCEF: 02/21/2019
`
`INDEX NO. 58943/2018
`
`- -
`
`TO BE COMPLETED FOR EVER Y SALE BY COURT APPOINTED REFEREE
`AND FILED WITH COUNTY CLERK AND CHAMBERS WITHIN 30 DAYS OF SALE
`
`FORECLOSURE ACTION SURPLUS MONIES FORM
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY
`--------
`
`ParI
`
`Hon.
`
`Index No.
`
`_
`
`_
`
`_
`
`-against-
`
`Plaintiff(s)
`
`Defendant(s)
`
`Property Address:
`
`_
`
`Sale Date
`
`_
`
`Were there surplus funds?
`
`aYes
`
`ONo
`
`To be completed by the Referee
`
`Amount of final judgment of foreclosure
`Sale price of property
`Upset price
`Surplus amount
`
`$-----
`$-----
`$-----
`$-----
`
`To be completed by Referee conducting the sale (please print)
`
`A.
`
`B.
`
`C.
`
`Name:______________
`Address:
`E-mail Address:
`Signature and Date:
`
`D.
`
`To be completed by Plaintiffs
`Representative
`
`Name (please print)
`
`Address:
`
`E-mail Address:--------
`Telephone:
`
`Signature and Date:
`
`E.
`
`_
`
`_
`
`Telephone:
`
`_
`_
`
`To be completed by Purchaser
`
`Name (please' print)
`
`Address:
`
`E-mail Address:
`Telephone:
`
`Signature and Date:
`
`_
`
`_
`
`_
`
`_
`_
`
`\
`
`7 of 7
`
`Print Form
`
`
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