`SUPREME COURT THE STATE OF NEW YORK:
`
`COUNTY OF
`
`ERIE
`
`-----------------------------------------------------------
`X
`
`THE BANK OF NEW YORK MELLON TRUST
`COMPANY, NATIONAL ASSOCIATION FKA THE
`BANK OF NEW YORK TRUST COMPANY, N.A. AS
`SUCCESSOR TO JPMORGAN CHASE BANK, AS
`TRUSTEE FOR RESIDENTIAL ASSET SECURITIES
`CORPORATION, HOME EQUITY MORTGAGE ASSET
`-
`BACKED PASS THROUGH CERTIF
`ICATES SERIES
`2004
`-
`KS10
`,
`
`
`
`
`
`Plaintiff.
`
`
`-
`against
`-
`
`
`DENISE WALKER AS ADMINISTRATOR TO THE
`ESTATE OF
`AND AS HEIR AT LAW AND NEXT OF KIN
`TO JIM D. WALKER
`;
`
`DAVAUGHN DANTZLER A/K/A DAVAUGHN C.
`DANTZLER AS HEIR AT LAW AND NEXT OF KIN TO
`DEBORAH DANTZLER, WHO IS HEIR AT LAW AND
`NEXT OF KIN TO JIM D. WALKER; DAMARR
`DANTZLER AS HEIR AT LAW AND NEXT OF KIN TO
`DEBORAH DANTZLER, WHO IS HE
`I
`R AT LAW AND
`NEXT OF KIN TO JIM D. WALKER;
`
`DALAUN PAIGE AS HEIR AT LAW AND NEXT OF KIN
`TO JIM D. WALKER;
`
`DAMONE LANE AS HEIR AT LAW AND NEXT OF KIN
`TO DEBORAH DANTZLER, WHO IS HEIR AT LAW
`AND NEXT OF KIN TO JIM D. WALKER;
`SUSTAINABLE NEIGHBORHOODS LLC;
`
`THE PEOPLE OF THE STATE OF NEW YORK;
`
`ML FACTORS FUNDING LIMITED LIABILITY
`COMPANY;
`
`CITY OF BUFFALO TRAFFIC VIOLATIONS AGENCY;
`
`THE PEOPLE OF THE STATE OF NEW YORK;
`COMMISSIONER OF THE ERIE CO
`U
`NTY
`DEPARTMENT OF SOCIAL SERVICES;
`
`THE PEOPLE OF THE STATE OF NEW YORK; NEW
`YORK STATE DEPARTMENT OF TAXATION AND
`FINANCE;
`
`UNITED STATES OF AMERICA O/B/O INTERNAL
`REVENUE SERVICE
`;
`
`JOHN DOE
`;
`
`
`JANE DOE
`;
`
`
`
`
`
`
`
`Defendants.
`
`Index No:
`811216/2024
`
`
`NOTICE OF ENTRY OF
`
`ORDER OF
`REFERENCE
`
`
`
`
`
`-----------------------------------------------------------
`X
`
`
`PLEASE
`TAKE NOTICE that the within is a true copy of
`
`a
`n
`
`Order
`
`of Reference
`
`and
`
`FILED: ERIE COUNTY CLERK 07/17/2025 12:36 PMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
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`. .
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`Default Judgment
`
`duly
`
`entered in the office of the Clerk of the Supreme Court,
`Erie
`
`County
`
`
`on
`Ma
`y
`2
`9
`, 2025
`.
`
`Dated:
`June
`2
`,
`2025
`
`Port Chester
`, New York
`
`McCABE, WEISBERG & CONWAY, LLC
`
`
`
`By: _______________________________
`
`JOSÉ O. HASBÚN, ESQ.
`
`Attorneys for Plaintiff
`
`10
`Midland Ave
`,
`Suite 205
`
`Port Chester, NY 10573
`
`914
`-
`636
`-
`8900
`
`845
`-
`282
`-
`7065
`
`facsimile
`
`
`
`To:
`
`
`James
`
`Cimin
`elli
`, Esq.
`
`Court Appointed Referee
`
`1700 Hertel A
`venue
`
`Buffalo
`, New York 142
`16
`
`
`Denise Walker as Administrator to the Estate of and as Heir at law and next of kin to Jim D.
`Walker
`
`102 Connelly Avenue
`
`Buffalo, New York 14215
`
`
`Davaughn Dantzler a/k/a Davaughn C. Dantzler as Heir at law and next of kin to Deborah
`Dantzler, who is heir at law and next of kin to Jim D. Walker
`
`148 Hastings Avenue
`
`Buffalo, New York 14215
`
`
`Damarr Dantzler as Heir at law and next of kin to Deborah Dantzler, who is heir at law and next
`of kin to Jim D. Walker
`
`148 Hastings Avenue
`
`Buffalo, New York 14215
`
`
`Damarr Dantzler as Heir at law and next of kin to Deborah Dantzler, who is heir at law and next
`of kin to Jim D. Walker
`
`67 Comstock Avenue, Apt 2
`
`Buffalo, New York 14215
`
`
`Dalaun Paige as Heir at law and next of kin to Jim D. Walker
`
`5539 Lothian Road
`
`Baltimore, Maryland 21212
`
`
`
`FILED: ERIE COUNTY CLERK 07/17/2025 12:36 PMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
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`Dalaun Paige as Heir at law and next of kin to Jim D. Walker
`
`102 Connelly Avenue
`
`Buffalo, New York 14215
`
`
`Damone Lane as Heir at law and next of kin to Deborah Dantzler, who is heir at law and next of
`kin to Jim D. Walker
`
`300 Dushane Drive
`
`Buffalo, New York 14223
`
`
`Sustainable Neighborhoods LLC
`
`One Commerce Plaza, 99 Washington Avenue
`
`Albany, New York 12210
`
`
`The People of the State of New York
`
`300 Motor Parkway
`
`Hauppauge, New York 11788
`
`
`ML Factors Funding Limited Liability Company
`
`One Commerce Plaza, 99 Washington Avenue
`
`Albany, New York 12210
`
`
`City of Buffalo Traffic Violations Agency
`
`65 Niagara Square
`
`Buffalo, New York 14202
`
`
`The People of the State of New York
`
`Town Of Clarence Justice Court
`
`Five Townplace
`
`Clarence, New York 14031
`
`
`Emil J. Cappelli, Esq.
`
`Attorney for Commissioner of the Erie County Department of Social Services
`
`95 Franklin Street
`
`Buffalo, New York 14202
`
`Via NYSCEF
`
`
`The People of the State of New York
`
`Depew Village Court
`
`85 Manitou Street
`
`Depew, New York 14043
`
`
`New York State Department of Taxation and Finance
`
`W.A. Harriman Campus, Building 9
`
`Albany, New York 12227
`
`
`United States of America o/b/o Internal Revenue Service
`
`138 Delaware Avenue
`
`Buffalo, New York 14202
`
`
`FILED: ERIE COUNTY CLERK 07/17/2025 12:36 PMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
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`John Doe
`
`102 Connelly Avenue
`
`Buffalo, New York 14215
`
`
`Jane Doe
`
`102 Connelly Avenue
`
`Buffalo, New York 14215
`
`
`Premises:
`
`102 Connelly Avenue
`
`Buffalo
`, New York 14215
`
`
`
`
`
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`FILED: ERIE COUNTY CLERK 07/17/2025 12:36 PMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
`4 of 10
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`Index No.
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`811216/2024
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY
`
`OF
`ERIE
`
`THE BANK OF NEW YORK MELLON TRUST COMPANY,
`NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK
`TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN
`CHASE BANK, AS TRUSTEE FOR RESIDENTIAL ASSET
`SECURITIES CORPORATION, HOME EQUITY MORTGAGE
`ASSET
`-
`BACKED PASS THROUGH CERTIF
`ICATES SERIES
`2004
`-
`KS10
`,
`
`
`
`
`Plaintiff.
`
`-
`against
`-
`
`
`DENISE WALKER AS ADMINISTRATOR TO THE ESTATE
`OF
`AND AS HEIR AT LAW AND NEXT OF KIN TO JIM D.
`WALKER
`;
`
`DAVAUGHN DANTZLER A/K/A DAVAUGHN C. DANTZLER
`AS HEIR AT LAW AND NEXT OF KIN TO DEBORAH
`DANTZLER, WHO IS HEIR AT LAW AND NEXT OF KIN TO JIM
`D. WALKER; DAMARR DANTZLER AS HEIR AT LAW AND
`NEXT OF KIN TO DEBORAH DANTZLER, WHO IS HE
`I
`R AT
`LAW AND NEXT OF KIN TO JIM D. WALKER;
`
`DALAUN PAIGE AS HEIR AT LAW AND NEXT OF KIN TO JIM
`D. WALKER;
`
`DAMONE LANE AS HEIR AT LAW AND NEXT OF KIN TO
`DEBORAH DANTZLER, WHO IS HEIR AT LAW AND NEXT OF
`KIN TO JIM D. WALKER; SUSTAINABLE NEIGHBORHOODS
`LLC;
`
`THE PEOPLE OF THE STATE OF NEW YORK;
`
`ML FACTORS FUNDING LIMITED LIABILITY COMPANY;
`
`CITY OF BUFFALO TRAFFIC VIOLATIONS AGENCY;
`
`THE PEOPLE OF THE STATE OF NEW YORK; COMMISSIONER
`OF THE ERIE CO
`U
`NTY DEPARTMENT OF SOCIAL SERVICES;
`
`THE PEOPLE OF THE STATE OF NEW YORK; NEW YORK
`STATE DEPARTMENT OF TAXATION AND FINANCE;
`
`UNITED STATES OF AMERICA O/B/O INTERNAL REVENUE
`SERVICE
`;
`
`JOHN DOE
`;
`
`
`JANE DOE
`;
`
`
`
`
`DEFENDANTS.
`
`
`NOTICE OF ENTRY
`OF
`
`ORDER OF
`REFERENCE
`
`
`
`
`McCABE, WEISBERG & CONWAY, LLC
`
`Attorneys for PLAINTIFF
`
`Suite 205
`
`10 Midland Ave
`
`Port Chester, NY 10573
`
`914.636.8900
`
`845
`-
`282
`-
`7065
`
`facsimile
`
`=============================
`
`FILED: ERIE COUNTY CLERK 07/17/2025 12:36 PMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
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`tlon. Bctty Calvo-Torres
`PRESENT
`Hon
`THE BANK OF NEW YORK MELLON TRUST
`COMPANY, NATIONAL ASSOCIATION FKA
`THE BANK OF NEW YORK TRUST COMPANY,
`N.A. AS SUCCESSOR TO JPMORGAN CHASE
`BANK, AS TRUSTEE FOR RESIDENTIAL
`ASSET SECURITIES CORPORATION, HOME
`EQUITY MORTGAGE ASSET-BACKED PASS
`THROUGH CERTIFICATES SERIES 2OO4.KS I O,
`Plaintiff.
`-against-
`DENISE WALKER AS ADMINISTRATOR TO
`THE ESTATE OF AND AS HEIR AT LAW AND
`NEXT OF KIN TO JIM D. WALKER;
`DAVAUGHN DANTZLER A,,K/A DAVAUGHN
`C. DANTZLER AS HEIR AT LAW AND NEXT
`OF KIN TO DEBORAH DANTZLER, WHO IS
`HEIR AT LAW AND NEXT OF KIN TO JIM D.
`WALKER;
`DAMARR DANTZLER AS HEIRAT LAW AND
`NEXT OF KIN TO DEBORAH DANTZLER,
`WHO IS HEIR AT LAW AND NEXT OF KTN TO
`JIM D. WALKER;
`DALAUN PAIGE AS HEIR AT LAW AND NEXT
`OF KIN TO JIM D. WALKER;
`DAMONE LANE AS HEIR AT LAW AND NEXT
`OF KIN TO DEBORAH DANTZLER, WHO IS
`HEIR AT LAW AND NEXT OF KIN TO JIM D.
`WALKER;
`SUSTAINABLE NEIGHBORHOODS LLCi
`THE PEOPLE OF THE STATE OF NEW YORK;
`ML FACTORS FUNDING LIMITED LIABILITY
`COMPANY;
`CITY OF BUFFALO TRAFFIC VIOLATIONS
`AGENCY;
`THE PEOPLE OF THE STATE OF NEW YORK;
`COMMISSIONER OF THE ERIE COUNTY
`DEPARTMENT OF SOCIAL SERVICES;
`At an _of the Supreme Court of the State
`of New York, held in and for the County of
`Erie at the Courthouse thereof, Supreme
`Court Building, 25 Delaware Avenue,
`Buffalo, IIY on the >8 day of
`Acq ,2025.7
`Index No: 81121612024
`ORDER OF CE
`Mortgage Servicer: PHH Mortgage
`Mortgage Servicer Phone #: Office of
`Ombudsman l-844-995-3682
`Section: 90.56
`Block: 2
`Lot: 14
`X
`FILED: ERIE COUNTY CLERK 05/29/2025 11:53 AMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/29/2025
`1 of 5
`FILED: ERIE COUNTY CLERK 07/17/2025 12:36 PMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
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`THE PEOPLE OF THE STATE OF NEW YORK;
`NEW YORK STATE DEPARTMENT OF
`TAXATION AND FINANCEI
`UNITED STATES OF AMEzuCA O/B/O
`INTERNAL RE\'ENUE SERVICE;
`"JOHN DOE #1" through "JOHN DOE #12," the last
`twelve names being fictitious and unknown to
`plaintif{ the persons or parties intended being the
`tenants, occupants, persons or corporations, ifany,
`having or claiming an interest in or lien upon the
`subject property described in the Complaint,
`x
`UPON the Summons and Complaint herein, and proof that all the defendants have been
`duly served, and upon the Notice ofAppearance, ifany, hereto annexed and heretofore filed herein,
`from all of which it appears that none ofthe defendants answered, moved or appeared with respect
`to the Complaint, although the time for them to do so has expired and has not been extended by
`court order or otherwise; were not served with copies of the Summons and Complaint and that
`none ofthe defendants are infants, incompetents or absentees, or in the military; and that since the
`filing ofthe Lis Pendens, the complaint herein has not been amended so as to make new parties
`to the action or so as to embrace real property other than that described in the original Complaint
`or so as to extend Plaintiffs claim against the premises;
`AND upon the affirmation of Jose O. Hasbirn, Esq', an associate of the firm of McCabe,
`Weisberg & Conway, LLC, attorneys for the Plaintifi dated March 3l' 2025 showing what
`proceedings have heretofore been had herein, and setting forth the requisite facts entitling Plaintiff
`to the within relief; and upon all proceedings heretofore had herein, and all the papers filed herein;
`NOW, upon motion of Mccabe, Weisberg & Conway' LLC attomeys for Plaintiff, it is
`ORDERED, that this motion is ganted; and it is further
`Defendants.
`FILED: ERIE COUNTY CLERK 05/29/2025 11:53 AMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/29/2025
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`FILED: ERIE COUNTY CLERK 07/17/2025 12:36 PMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
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`7m kerW he
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`ORDERED, that this action be and the same is hereby referred to
`J lu? c M e(l
`'>4o>
`as Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest,
`and other disbursements advanced as provided for in the note and mortgage upon which this action
`was brought, to examine and report whether or not the mortgaged premises can be sold in parcels,
`and that the Referee complete his/her report with all convenient speed date and that, except for
`good cause shown, that Plaintiff shall move for judgment no later than 60 days ofthe date ofthe
`Referee's repo(; and it is further
`ORDERED, that upon submission of the Referee's Report, Plaintiffshall pay $-
`to the Referee as compensation for hisiher services; and it is further
`ORDER.ED, that the name of the defendant listed in the caption as "JOHN DOE #1" be
`amended to read John Doe, the name ofthe defendant listed in the caption as'JOHN DOE #2"
`be amended to read Jane Doe , and that the names of defendant(s) 'JOHN DOE #3" through
`"JOHN DOE #12" be severed and stricken from the caption herein and that the action be
`discontinued as to them, all ofthe foregoing without prejudice to any ofthe proceedings heretofore
`had herein or to be had herein; and it is further
`ORDERED, that the caption hereinafter shall read as follows:
`("
`FILED: ERIE COUNTY CLERK 05/29/2025 11:53 AMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/29/2025
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`FILED: ERIE COUNTY CLERK 07/17/2025 12:36 PMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
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`SUPREME COURT OF THE STATE OF NEW YORK:
`COUNTY OF ERIE
`x
`THE BANK OF NEW YORK MELLON TRUST
`COMPANY, NATIONAL ASSOCIATION FKA
`THE BANK OF NEW YORK TRUST COMPANY,
`N.A, AS SUCCESSOR TO JPMORCAN CHASE
`BANK, AS TRUSTEE FOR RESIDENTIAL
`ASSET SECURITIES CORPORATION, HOME
`EQUITY MORTGAGE ASSET.BACKED PASS
`THROUGH CERTIFICATES SERIES 2OO4-KS 10,
`Plaintifi
`-against-
`DENISE WALKER AS ADMINISTRATOR TO
`THE ESTATE OF.AND AS HEIR AT LAW AND
`NEXT OF KIN TO JIM D. WALKERI
`DAVAUGHN DANTZLER A/K/A DAVAUGHN
`C. DANTZLER AS HEIR AT LAW AND NEXT
`OF KIN TO DEBORAH DANTZLER, WHO IS
`HEIR AT LAW AND NEXT OF KIN TO JIM D.
`WALKER;
`DAMARR DANTZLER AS HEIR AT LAW AND
`NEXT OF KIN TO DEBORAH DANTZLER,
`WHO IS HE]R AT LAW AND NEXT OF KIN TO
`JIM D. WALKER;
`DALAUN PAIGE AS HEIR AT LAW AND NEXT
`OF KIN TO JIM D. WALKER;
`DAMONE LANE AS HEIR AT LAW AND NEXT
`OF KIN TO DEBORAH DANTZLER, WHO IS
`HEIR AT LAW AND NEXT OF KIN TO JIM D.
`WALKER;
`SUSTAINABLE NEIGHBORHOODS LLC;
`THE PEOPLE OF THE STATE OF NEW YORK;
`ML FACTORS FUNDING LIMITED LIABILITY
`COMPANY;
`CITY OF BUFFALO TRAFFIC VIOLATIONS
`AGENCY;
`THE PEOPLE OF THE STATE OF NEW YORK;
`COMMISSIONER OF THE ERIE COL]NTY
`DEPARTMENT OF SOCIAL SERVICES;
`THE PEOPLE OF THE STATE OF NEW YORK;
`NEW YORK STATE DEPARTMENT OF
`TAXATION AND FINANCE;
`UNITED STATES OF AMERICA O/B/O
`INTERNAL REVENUE SERVICE:
`JOHN DOE,
`JANE DOE,
`Dcfendants.
`INDEX NO: 81121612024
`MORTGAGED PREMISES
`I02 CONNELLY AVENUE
`BUFFALO, NY I42I5
`SBL#: 90.56- 2 - 34
`and it is further
`x
`FILED: ERIE COUNTY CLERK 05/29/2025 11:53 AMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/29/2025
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`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
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`ORDERED, that by accepting this appointment, the Referee certifies that the Referee is in
`compliance with 22 NYCRR Part 36, including but not limited to Section 36.2(c)
`("Disqualifications from Appointment") and Section 36.2(d) ("Limitations on appointments based
`on compensation"); and it is further
`ORDERED, that a copy of this Order with Notice of Entry shall be served upon the owner
`ofthe equity ofredemption, any tenants named in this action and any other party entitled to notice.
`ENTER: )"i,.lt s/>r/>r
`J,S,C. Hon Torres
`FILED: ERIE COUNTY CLERK 05/29/2025 11:53 AMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 05/29/2025
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`FILED: ERIE COUNTY CLERK 07/17/2025 12:36 PMINDEX NO. 811216/2024
`NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 07/17/2025
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