FILED: BROOME COUNTY CLERK 07/19/2019 07:56 AM
`NYSCEF DOC. NO. 42
`
`INDEX NO. EFCA2019000196
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`RECEIVED NYSCEF: 07/18/2019
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`PRESENT: HoN.9fufo fr\' > t P6/9,
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`STATE OF NEW YORK
`SUPREMECOURT COTJNTYOFBROOME
`
`JPMORGAN CHASE BANK,N.A., S/BA4 CHASE
`HOMEFINANCE LLC, S/BA4 TO CHASE
`MANHATTAN MORTGAGE CORPORATION,
`
`-vs-
`
`Plaintiff,
`
`At an Ex Parte Term of the
`Supreme Court held in and for
`the County of BROOME,
`New York on the
`2Y-Ia.y of J\)Ne ,20t1.
`
`A^r,"M
`
`ORDER FOR
`SERVICE BY
`PUBLICATION
`
`DOUGLAS M. LIPPY, deceased, and all persons who are
`husbands, widows, gmntees, mortgagees, lienors, heirs, devisees,
`distributees, successors in interest ofsuch of them as may be
`dead, and their husbands and wives, heirs, devisees, distributees
`and successors ofinterest of all ofwhom and whose names and
`places are unknown to Plaintiff; JEI-FREY W. LIPPY;
`LJNITED STATES OF AMER]CA; NEW YORK STATE
`DEPARTMENT OF TAXATION AND FINANCE;'I'OWN
`OF I.JNION;
`'JOF{N DOE' AND'JANE DOFI" said
`names being fictitious, it being the intention of
`Plaintiff to designate any and all occupanls of premises
`being forecloscd herein,
`
`lndex No. EFCA20l9000l96
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`Defendants.
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`upon the summons, verified complaint and notice ofpendency ofaction heretofore filed
`herein in the office of thc clerk of the Counry of BROOME on January 23,2019, from all of
`which it appears that the verified conrplaint herein demand judgment foreclosing a mortgage
`against specific real property within this County and the State of New York, and it appearing that
`there is a sufficient cause of aclion stated therein against the defendants, who arc necessary
`-o
`parties defendant herein; and upon lhe annexed affirmarion olMark K. Broylcs. dated the l4
`day of February,20l9, from which ir appears that the said defendant' DOUGLAS M' LIPPY is
`deccased, and therefore cannot be pelsonally served;
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`FILED: BROOME COUNTY CLERK 07/19/2019 07:56 AM
`NYSCEF DOC. NO. 42
`
`INDEX NO. EFCA2019000196
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`RECEIVED NYSCEF: 07/18/2019
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`NOW, on motion of Fein, Such & Crane, LLP, attomeys for plaintiff, by Mark K.
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`Broyles, Esq., of Counsel, it is hereby
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`oRDERED ADJUDGED AND DECREED, rhar the 120-day time period in which to
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`serve all defendants the Supplemental Summons and Amended Complaint including Lois
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`Chervak, Teri Lyn Cook and Jeffiey Lippy as possible heirs and./or distributees to the mortgagor
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`with process, and to file the Affidavits of Service, be extended to allow plaintilf to complete
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`Service by Publication herein upon the defendant unknown lawful heirs and/or distributees of
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`Mortgagor and Heirs at Large of DOUGLAS M. LIPPY, with said 120 days to commence upon
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`the entry of this Order; and it is further
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`ORDERED ADJUDGED AND DECREED, that the service of the summons in this
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`action upon the unknown lawful heirs and/or distributees of Mortgagor and Heirs at Large of
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`DOUGLAS M. LIPPY, bc made by publication of said Supplemental Summons in two (2)
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`newspapers, at least one in the English language, hereby designated as most likely to give notice
`of the said defendant(s) viz: in the fu%$g
`legr(9,,,n, D")l.h:-.,. published in BRooME
`cvr / (.pcuutistred
`County, State of New York, and in the oqJsAlx
`in BRooME
`County, State ofNew York, together with a notice to the defendants containing a brief statement
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`of the nature of this action and thc relicf sought, and the sum ofnroney for whichjudgment may
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`be taken in a case ofdefault and a blief description ofthe property, oncc a week for four (4)
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`successive weeksl and it is further
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`ORDERED ADJUDGED AND DECREED. that a copy of this Order and a copy of the
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`noled Affirmation of Mark K. Broylcs. Esq. with altachments thereto including a copy of the
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`Supplemcntal Summons and of the Amended Complaint herein be delivered by first class mail,
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`postage prepaid, on behalf of the Heirs at Large of DOUGI-AS M. LIPPY, who may bc served
`tb,- 0\ -.. -t
`57 CL* -'ZO 5t
`-t -t
`herein by publication pursuanr ro this order to SHS^fu$i[
`hr
`fbLT
`. New York. counsclor-ar-Law. who is hereby
`-
`--.Tl^rL-
`authorized, empowered and designated to appear herein as Guardian Ad Litem and Military
`Attorney on behalfofany ofthe said defendan(s) who may be absentees, infants or
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`incompetents or unknown successors in interest ofdefendant(s) who may be dcceased, or
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`defendant(s) rvho nray be in military service, and to protect and defend the interest of said
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`2 of 4
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`FILED: BROOME COUNTY CLERK 07/19/2019 07:56 AM
`NYSCEF DOC. NO. 42
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`INDEX NO. EFCA2019000196
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`RECEIVED NYSCEF: 07/18/2019
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`defendant(s) in the action upon filing his acknowledged consent and qualifying affidavit; and it is
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`further
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`ORDERED ADJUDGED AND DECREED, that said Guardian Ad Lirem and Military
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`Attomey shall also act for said defendant(s) should they be in default or be in the military service
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`of the United States of America, and is hereby authorized and appointed for the purpose of
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`representing them and protecting their interest in the action pursuant to the provisions ofthe
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`Service Members'Civil Relief Act of 2004, as amended and the Military Law of the State of
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`New York; and it is further
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`ORDERED, ADJUDGED AND DECREED, that the Summons, Complaint and Notice of
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`Pendency heretofore filed be amended in conformance herewith the documents contained in
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`Exhibit "A" hereof, to reflect the above amended caption, which shall read as follows:
`
`HOME FINANCE LLC, S/8A,1 TO CHASE
`MANHATTAN MORTGAGE CORPORATION,
`Plaintiff,
`-vs-
`THE HEIRS AT LARGE OF DOUGLAS M. LIPPY, deceased,
`and all persons who are husbands, widows. grantees, mortgagees,
`lienors, heirs, devisees, distributees, successors in interest
`ofsuch ofthem as may be dead, and their husbands and wives,
`heirs, devisees, distributees and successors of interest of all of
`whom and whose names and places are unknown to Plaintiff;
`LOIS CHERVAK; TERI LYN COOK: JEFFREY W. LIPPY;
`UNITED STATES OF AMERICAI NEW YORK STATE
`DEPARTMENT OF TAXATION AND FINANCE; TOWN
`OF UNION;
`'JOHN DOE" AND'JANE DOE" said
`names being fictitious, it being the intention of
`Plaintiffto designate any and all occupants of premises
`being foreclosed herein,
`Defendants.
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`ORDERED, ADJUDGED AND DECREED. that the firsl publication be made within
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`thirty days after the entry of this Order; and it is further
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`ORDERED, ADJUDGED AND DECREED, that the Supplemental Summons and
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`Amended Complaint and Amended Nolice of Pendency along with the papers upon which this
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`Order for Service by Publication is based. be filed with the Clerk of BROOME County on or
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`3 of 4
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`FILED: BROOME COUNTY CLERK 07/19/2019 07:56 AM
`NYSCEF DOC. NO. 42
`
`INDEX NO. EFCA2019000196
`
`RECEIVED NYSCEF: 07/18/2019
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`before the first day ofpublication and that the date ofthe entry of this Order be used for purposes
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`of compliance with CPLR Section 316(c); and it is further
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`ORDERED, ADJUDGED AND DECREED, all other defendants other than DOUGLAS
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`M. LIPPY are to be reserved the supplemental summons pursuant to NY CPLR $308; and it is
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`further
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`ORDERED, ADJUDGED AND DECREED, that as would be apparent, a copy of the
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`Supplemental Summons and Amended Complaint need not be mailed to DOUGLAS M. LIPPY
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`who is deceased; and it is further
`ORDERED, ADJUDGED AND DECREED, that the New York State Department of
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`Taxation and Finance and the United States of America be added/are named as party Defendants
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`as tlese entities may hold liens upon the subject realty.
`d1
`Dated: d[{( zY un
`nt"^7
`PLAINTIFF MUST SERVE ALL
`DET'ENDANTS WITH THIS
`ORDER BY MAIL AND FILE
`AN AFFIDAVIT OF SERVICE
`
`SUPREME COURT JUSTICE
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`4 of 4
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