FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`NYSCEF DOC. NO. 125
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`INDEX NO. EF2010-7
`RECEIVED NYSCEF: 08/04/2022
`RECEIVED NYSCEF: 08/04/2022
`
`SUPREME COURTOF THE STATE OF NEW YORK
`
`COUNTY OF GREENE
`
`U.S. Bank National Association, as Trustee Structured
`Asset Mortgage Investments II Inc., Bear Stearns ARM
`Trust, Mortgage Pass-Through Certificates, Series 2006-2,
`Plaintiff,
`
`-against-
`
`Wayne Rivers; AmberC. Clark; Mark E. Horn; Association
`of Property Owners of Sleepy Hollow Lake,Inc.; Citibank
`(South Dakota), N.A.; Darryl Clark; Sherry Wack,
`
`Defendants.
`
`SIRS:
`
`NOTICE OF ENTRY
`
`Index No. EF2010-7
`
`PLEASE TAKE NOTICEthatthe within is a true copy ofa Judgment, duly entered in
`the office of the clerk of the within named court on June 23, 2022.
`
`DATED:
`
`July 27, 2022
`
`
`
`Steven M. Palmer, Esq.
`Foreclosure Attorney
`LOGS LEGAL GROUP LLP F/K/A
`SHAPIRO, DICARO & BARAK, LLC
`Attorneysfor Plaintiff
`175 Mile Crossing Boulevard
`Rochester, New York 14624
`(585) 247-9000
`Fax: (585) 247-7380
`
`TO:
`Kenneth L. Gellhaus, Esq.
`McNamee, Lochner, Titus & Williams, P.C.
`Attorneyfor the Defendant, The Board ofDirectors ofthe Association ofProperty ofSleepy
`HollowLane, Inc. Homeowners Association
`677 Broadway
`5th Floor
`Albany, NY 12207
`
`11-012856
`
`Notice of Entry
`
`1 of 15
`1 of 15
`
`Page 1 of 2
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`RECEIVED NYSCEF: 08/04/2022
`
`Angelo F. Scaturro, Esq.
`Attorney for the Defendant, Mark E. Horn
`P.O. Box 385
`Coxsackie, NY 12051
`
`Wayne Rivers
`17290 Highland Avenue
`Apt 5F
`Jamaica, NY 11432
`
`Amber C. Clark
`229 Mansion Street
`Coxsackie, NY 12051
`
`CitiBank (South Dakota), N.A.
`670 Merrick Avenue
`East Meadow, NY 11554
`
`Darryl Clark
`229 Mansion Street
`1st Floor
`Coxsackie, NY 12051
`
`Sherry Wack
`229 Mansion Street
`2nd Floor
`Coxsackie, NY 12051
`
`Carol K. Morgan, Esq.
`PO Box 1945
`Kingston, NY 12402
`
`11-012856
`
`Notice of Entry
`
`2 of 15
`
`Page 2 of 2
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 124
`:
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7
`INDEX NO. EF2010-7
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`RECEIVED NYSCEF: 06/23/2022
`RECEIVED NYSCEF: 08/04/2022
`
`At Part 1AS_of the Supreme Court held in
`the County of Greene, at the Greene
`Courthouse thereof, on the 23th day of June,
`2022
`
`
`
`PRESENT: Hon. Adam W.Silverman, A.J.S.C.
`ACTING JUSTICE OF THE SUPREME COURT
`
`U.S. Bank National Association, as Trustee Structured Asset
`Mortgage Investments II Inc., Bear Stearns ARM Trust,
`Mortgage Pass-Through Certificates, Series 2006-2,
`Plaintiff(s),
`
`V.
`
`INDEX NO. 7/10
`
`ORDER CONFIRMING
`REFEREE REPORT AND
`JUDGMENT OF FORECLOSURE
`AND SALE
`
`WayneRivers; Amber C. Clark; Mark E. Horn; Association
`of Property Owners of Sleepy Hollow Lake, Inc.; Citibank©MORTGAGED PROPERTY:
`(South Dakota), N.A.; Darryl Clark; Sherry Wack,
`229 Mansion Street
`Coxsackie, NY 12051
`
`Defendant(s).
`
`SBL #: Section 56.10 Block 1 Lot 28
`
`Mortgage Servicer: Specialized
`Loan Servicing
`
`Mortgage Servicer Phone #: (800)
`306-6062
`
`UPONthe Summons, Complaint, and Notice of Pendencyfiled in this action on the 7th
`
`day of January, 2010, on the Additional Notice of Pendencyfiled on the 21* day of January,
`
`2014, on the Additional Notice of Pendencyfiled on the 12" day of January, 2018, on the
`
`Additional Notice of Pendencyfiled on the 25th day of January, 2021, the Notice of Motion
`
`dated August 26, 2021, the affirmation by Brent Surgeoner, Esq., the affidavit of merit and
`
`amount due by Steven Ross, who is Second Assistant Vice President, duly sworn to on April 28,
`
`2021, together with the exhibits annexedthereto,all in support of Plaintiff's motionfor a
`
`Judgment of Foreclosure and Sale; and
`
`UPONproof that the defendants, Mark E. Horn and Association of Property Owners of
`
`Sleepy Hollow Lake, Inc., herein have been duly served with the Summons and Complaintin
`
`
`
`
`
`1 of 11
`3 of 15
`3 of 15
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 125
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7 |
`INDEX NO. EF2010-7
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`
`
`RECEIVED NYSCEF: 06/23/2022 |
`RECEIVED NYSCEF: 08/04/2022
`
`this action, and have voluntarily appearedeither personally or by an attorney;and it appearing
`
`that more than the legally required numberof days has elapsed since defendants Wayne Rivers,
`
`AmberC. Clark, Mark E. Horn, Association of Property Owners of Sleepy Hollow Lake,Inc.,
`
`CitiBank (South Dakota), N.A., Darryl Clark, and Sherry Wack were so served and/or appeared;
`
`and Plaintiff having established to the court’s satisfaction that a judgment against defendantsis
`
`warranted; and
`
`UPONtheaffidavit of mailing reflecting compliance with CPLR 3215(g)(3)(iii); and
`UPONproofthat non-appearing defendants, Wayne Rivers, Amber C. Clark, CitiBank
`
`(South Dakota), N.A., Darryl Clark, and Sherry Wack,are not absent, in accordance with
`
`RPAPL §1321(2); and
`
`A Referee having been appointed to compute the amountdue to Plaintiff upon the
`
`bond/note and mortgage set forth in the Complaint and to examine whether the mortgaged
`
`property can be sold in parcels; and
`
`UPONreading andfiling the Report of Carol K. Morgan Esq. dated July 7, 2021,
`
`showing the sum of $222,467.66 due as ofthe date of said Report and that the mortgaged
`
`property may not be sold in parcels; and
`
`UPONproofof due notice of this motion uponall parties entitled to receive same, and
`
`uponall the prior proceedings and papers filed herein;
`
`NOW,on motion by Brent Surgeoner, Esq., attorney for the Plaintiff, it is hereby
`
`ORDERED, ADJUDGED AND DECREED,that the motion is granted; andit is further
`
`ORDERED, ADJUDGED AND DECREED,that the Referee’s Report be, and the
`
`sameis, hereby in all respects ratified and confirmed; andit is further
`
`2 of 11
`2 of 15
`4 of 15
`
`
`
`|
`
`|
`
`
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 124
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7 |
`INDEX NO. EF2010-7
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`RECEIVED NYSCEF: 08/04/2022
`
`ORDERED, ADJUDGED AND DECREED,that the mortgaged property described in
`
`the Complaint and as hereafter described, or such part thereof as may besufficient to discharge
`
`the mortgage debt, the expensesofthe sale, and the costs of this action as provided by the
`RPAPLbesold, within 90 days ofthe date ofthis Judgment, in one parcel, at a public auction at
`
`the Greene County Courthouse, Catskill, New York 12414, by and underthe direction of Carol
`
`K. Morgan, Esq., PO Box 1945, Kingston, NY 12402, (845) 399-5110 whois hereby appointed
`Referee for that purpose; that said Referee give public notice ofthe time and place ofsale in
`
`accordance with RPAPL §231 in the Catskill Daily Mail; andit is further
`
`ORDERED, ADJUDGED AND DECREED,that by accepting this appointment, the
`
`Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22
`
`NYCRR Part 36), including, but not limited to §36.2(c) (“Disqualifications from appointment”)
`
`and §36.2 (d) (“Limitations on appointments based upon compensation”); and,if the Referee is
`
`disqualified from receiving an appointment pursuantto the provisionsof that Rule, the Referee
`
`shall immediately notify the Appointing Judge; andit is further
`ORDERED, ADJUDGED, AND DECREEDthatthe Referee is prohibited from
`
`acceptingor 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, ADJUDGED, AND DECREEDthatthe Referee shall conduct the
`
`foreclosure sale only if Plaintiff, its successors and/or assignees, or its representative is presentat
`
`the sale or the Referee has received a written bid and Termsof Sale from Plaintiff, its successors
`
`and/orassigns, or its representative; and it is further
`
`3 of 11
`3 of 15
`5 of 15
`
`
`
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 124
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7
`INDEX NO. EF2010-7
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`RECEIVED NYSCEF: 08/04/2022
`
`ORDERED, ADJUDGED, AND DECREEDthatatthe time of sale the Referee shall
`
`accept a written bid from the Plaintiff or the Plaintiff's attorney, just as though Plaintiff were
`
`physically present to submit said bid; andit is further
`
`ORDERED, ADJUDGED, AND DECREEDthat the Referee shall accept the highest
`
`bid offered by a bidder whoshall be identified upon the court record, and shall require that the
`
`successful bidder immediately execute Termsof Sale for the purchase of the property, and pay to
`
`the Referee, in cash orcertified or bank check, ten percent (10%) of the sum bid, unless the
`
`successful bidderis Plaintiff in which case no deposit against the purchaseprice shall be
`
`required; andit is further
`
`ORDERED, ADJUDGED, AND DECREEDthat, in the event the first successful
`bidder fails to execute the Termsof Sale immediately following the bidding upon the subject
`
`property orfails to immediately pay the ten percent (10%) deposit as required, the property shall
`
`immediately and on the same day be reoffered at auction; and it is further
`
`ORDERED, ADJUDGED, AND DECREEDthatthe Referee shall then deposit the
`
`down paymentand proceedsof sale, as necessary, in the Referee’s I.O.L.A. account maintained
`
`for legal clients, in his/her own nameas Referee, in accordance with CPLR 2609;andit is
`
`further
`
`ORDERED, ADJUDGED AND DECREED,that after the property is sold, the Referee
`
`shall execute a deed to the purchaser, in accordance with RPAPL §1353 andthe termsofsale,
`
`which shall be deemed a binding contract; andit is further
`
`ORDERED, ADJUDGED, AND DECREEDthat, in the event a party other than the
`
`Plaintiff becomesthe purchaseratthe sale, the closingoftitle shall be held nolater than 30 days
`
`after the date of such sale unless otherwise stipulated by all parties to the sale; andit is further
`
`4 of 11
`4 of 15
`6 of 15
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`NYSCEF DOC. NO. 124
`NYSCI
`EF. DOC. NO. 124
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7
`TNDEX NO. EF2010-7
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`RECEIVED NYSCEF:
`08/28/2022
`RECEIVED NYSCEF: 08/04/2022
`
`ORDERED, ADJUDGED, AND DECREEDthat,if Plaintiff (orits affiliate, as defined
`
`in paragraph(a) of subdivision 1 of section six-1 of the Banking Law) is the purchaser, such
`
`party shall place the property back on the market for sale or other occupancy: (a) within 180 days
`
`of the execution of the deed ofsale, or (b) within 90 days of completion of construction,
`
`renovation,or rehabilitation of the property, provided that such construction, renovation, or
`
`rehabilitation proceeded diligently to completion, whichever comesfirst, provided however, that
`
`a court of competent jurisdiction may grant an extension for good cause;andit is further
`
`ORDERED, ADJUDGED, AND DECREEDthat the Referee, on receiving the
`
`proceedsofsuchsale, shall forthwith pay therefrom, in accordance withtheir priority according
`
`to law,all taxes, assessments, sewer rents or water rates, which are, or may become, liens on the
`
`property at the time of sale with such interest or penalties which may have lawfully accrued
`
`thereonto the date of payment; andit is further
`
`ORDERED, ADJUDGED, AND DECREEDthatthe Referee then deposit the balance
`
`of said proceedsofsale in his/her own nameas Referee in their I.O.L.A. account maintained for
`
`legal clients, and shall thereafter make the following payments in accordance with RPAPL
`
`§1354, as follows:
`
`FIRST: The Referee’s statutory fees for conducting the sale, in accordance with
`
`CPLR 8003 (b), not to exceed $750.00 or in the event a sale was cancelled or postponed,
`
`Plaintiff shall compensate the Referee in the sum of $250 for each adjournment or
`
`cancellation, unless the Referee caused the delay;
`
`SECOND:All taxes, assessments, and waterrates that areliens upon the property
`
`and monies necessary to redeem the property from any sales for unpaid taxes,
`
`assessments, or water rates that have not become absolute, and any other amounts due in
`
`5 of 11
`3 of 15
`7 of 15
`
`
`
`

`

`peeeeeep
`
`
`
`apecoepeeeacentoptnp
`
`
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 124
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7
`INDEX NO. EF2010-7°
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`RECEIVED NYSCEF: 06/23/2022
`RECEIVED NYSCEF: 08/04/2022
`
`accordance with RPAPL § 1354 (2). Purchaser shall be responsible for interest and
`
`penalties due on any real property taxes accruing after the sale. The Referee shall not be
`
`responsible for the paymentof penalties or fees pursuant to this appointment. The
`
`Purchasershall hold the Referee harmless from any such penalties or fees assessed;
`
`THIRD: Theexpensesofthe sale and the advertising expenses as shown on the
`
`bills presented and certified by said Referee to be correct, duplicate copies of which shall
`
`be annexedto the report ofsale;
`
`FOURTH: TheRefereeshall then pay to the Plaintiff or its attorney the following:
`
`Amount Dueper Referee’s Report: $222,467.66 with interest at the note rate
`
`from April 15, 2021 until the date of entry of this judgment, together with any advances
`
`as provided for in the note and mortgage which Plaintiff has madefor taxes, insurance,
`
`principal, andinterest, and any other charges due to prior mortgages or to maintain the
`
`property pending consummationofthis foreclosure sale, not previously included in the
`
`computation, upon presentation of receipts for said expenditures to the Referee,all
`
`together with interest thereon pursuant to the note and mortgage, and then with interest
`
`from the date of entry of this judgmentat the statutory rate until the date the deedis
`
`transferred;
`
`Costs and Disbursements: $2,421.90 adjudged to the Plaintiff for costs and
`
`disbursements in this action, with interest at the statutory judgmentrate from the date of
`
`entry of this judgment;
`
`Attorney Fees: $5,225.00 is hereby awarded to Plaintiff as reasonable legalfees
`
`herein, with interest at the statutory rate from the date of entry of this judgment;
`
`6 of 11
`8 of 15
`8 of 15
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 124
`.
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7
`INDEX NO. EF2010-7
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`RECEIVED NYSCEF: 08/04/2022
`
`FIFTH:Surplus moniesarising from the sale shall be paid into court by the officer
`
`conducting the sale within five days after receipt in accordance with RPAPL §1354(4)
`
`and fundsshall be deposited with the Clerk of the Court; andit is further
`
`ORDERED, ADJUDGED AND DECREEDthat if the Plaintiff is the purchaser of the
`
`property, or in the eventthatthe rights of the purchasers at such sale and the termsof sale under
`
`this judgmentshall be assigned to and be acquired bythe Plaintiff, and a valid assignment
`
`thereofis filed with said Referee, said Referee shall not require Plaintiff to pay in cash the entire
`
`amountbid at said sale, but shall execute and deliverto the Plaintiff or its assignee, a deed or
`
`deeds of the property sold upon the paymentto said Referee of the amounts specified in items
`
`marked “First”, “Second”, and “Third” above; that the Referee shall allow the Plaintiff to pay the
`
`amounts specified in “Second” and “Third” above whenit is recording the deed; that the balance
`
`of the bid, after deducting the amounts paid by the Plaintiff, shall be applied to the amount due to
`
`Plaintiff as specified in paragraph “Fourth” above;that Plaintiff shall pay any surplusafter
`
`applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph
`
`“Fifth” above; andit is further
`
`ORDERED, ADJUDGED AND DECREEDthatall expenses of recording the
`
`Referee’s deed, including real property transfer tax, which is not a lien upon the property at the
`
`time ofsale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any
`
`transfer tax shall be paid in accordance with Tax Law §1404; anditis further
`
`ORDERED, ADJUDGED AND DECREEDthat if the sale proceeds distributed in
`
`accordance with paragraphs “First”, “Second”, “Third”, and “Fourth” above are insufficient to
`
`pay Plaintiff the Amount Dueper the Referee’s Report as set forth in paragraph “Fourth” above,
`
`Plaintiff may seek to recover a deficiency judgment against Wayne Rivers, Amber C. Clark, and
`
`7 of 11
`9 of 15
`9 of 15
`
`
`
`

`

`
`
`
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 124
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7
`INDEX NO. EF2010-7
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`RECEIVED NYSCEF: 06/23/2022
`RECEIVED NYSCEF: 08/04/2022
`
`Mark E. Horn, unless discharged in bankruptcy, in accordance with RPAPL § 1371 if permitted
`
`by law;andit is further
`
`ORDERED, ADJUDGED AND DECREEDthat the mortgaged property is to be sold
`
`in one parcel in “as is” physical order and condition, subject to any condition that an inspection
`
`of the property would disclose; any facts that an accurate survey of the property would show; any
`
`covenants, restrictions, declarations, reservations, easements, right of way, and public utility
`
`agreements of record,if any; any building and zoning ordinances of the municipality in which
`
`the mortgaged property is located and possible violations of same; any rights of tenants or
`
`personsin possessionof the subject property; prior liens of record, if any, except those liens
`
`addressed in RPAPL §1354; any equity of redemption of the United States of America to redeem
`
`the property within 120 days from the dateof sale; and anyrights pursuant to CPLR 317, 2003,
`
`and 5015, or any appealofthe underlying action or additionallitigation brought by any
`
`defendantorits successor or assignee contesting the validity of this foreclosure; and it is further
`
`ORDERED, ADJUDGED AND DECREEDthatthe purchaser belet into possession of
`
`the property upon production in hand of the Referee’s Deed or upon personalservice of the
`
`Referee's deed in accordance with CPLR 308; andit is further
`
`ORDERED, ADJUDGED AND DECREEDthat the Defendants in this action andall
`
`persons claiming through them and any person obtaining an interest in the property after the
`
`filing of the Notice of Pendencyare barred andforeclosedofall right, claim,lien,title, and
`
`interest in the property after the sale of the mortgaged property; andit is further
`
`ORDERED, ADJUDGED AND DECREEDthatwithin 30 days after completing the
`
`sale and executing the proper conveyanceto the purchaser, unless the time is extended by the
`
`court, the officer making the sale shall file with the clerk a report under oath ofthe disposition of
`
`8 of 11
`19 ooff 1115
`10 of 15
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 124
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7
`INDEX NO. EF2010-7
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`
`
`RECEIVED NYSCEF:. 08/23/2022
`RECEIVED NYSCEF: 08/04/2022
`
`the proceedsofthe sale in accordance with RPAPL § 1355 (1) and follow all local County rules
`
`regarding handling of Surplus Monies; andit is further
`
`ORDERED, ADJUDGED AND DECREEDthatif the purchaser or purchasersat said
`
`sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale
`
`without prior application to the Court unless Plaintiff's attorneys shall elect to make such
`
`application;and it is further
`
`ORDERED, ADJUDGED AND DECREEDthat Plaintiff shall serve a copy ofthis
`
`Judgment with Notice of Entry upon the ownerof the equity of redemption, any tenants named
`
`in this action, and any other parties or personsentitled to service, including the Referee
`
`appointed herein; andit is further
`
`ORDERED, ADJUDGED AND DECREEDthat nothing herein shall be deemed to
`
`relieve Plaintiff of any obligation imposed by RPAPL § 1307 and RPAPL § 1308 to secure and
`
`maintain the property until such time as ownership of the property has been transferred and the
`
`deed duly recorded; andit is further
`
`ORDERED, ADJUDGED AND DECREEDthat, when the Refereefiles a report of
`
`sale, he or she shall concurrently file a Foreclosure Actions Surplus Monies Form; andit is
`
`further
`
`ORDERED, ADJUDGED AND DECREEDthat to ensure compliance herewith,
`
`Plaintiff shall file a written report with the court within six months from the date of entry of this
`
`judgmentstating whether the sale has occurred and the outcomethereof} and it is further
`
`ORDERED,that the Referee shall complete the Foreclosure Action Surplus Moneys
`
`Form,in the form approved by the Chief Administrative Judge, available at
`
`htt
`://nycourts.gov/FORMS/SurplusMoniesFormFill
`
`
`
`
`able.pdf; and shall file the original form
`
`9 of 11
`1a off 115
`11 of 15
`
`
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 2
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 124
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`INDEX NO. EF2010-7
`INDEX NO. EF2010-7 |
`
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`RECEIVED NYSCEF: 08/04/2022
`
`
`
`|I
`
`t
`
`simultaneous with the recording of the Referee’s deed with the County Clerk, with a copy to be
`
`provided within 15 daysoffiling to the Court and the County Chief Fiscal Officer; andit is
`
`further
`
`ORDERED,that the County Clerk is directed to not accept for recording the Referee’s
`
`Deed unless accompanied by an original completed Foreclosure Action Surplus Moneys Form;
`
`and it is further
`
`ORDERED,that this matter is scheduled for a Report to the Court, which shall be made
`
`by the Referee six (6) months from the date of this Judgment, confirming whetherthe sale as
`
`ordered has occurred, the outcomeofthe sale, and that any surplus moneysresulting from the
`
`sale have been deposited with the Clerk of the Court as directed in this Judgment. The Report to
`
`the Court is otherwise satisfied by the Referee’s filing of the Foreclosure Action Surplus Monies
`
`Form demonstrating that the sale as ordered has occurred andeither no surplus moneysexist, or
`
`the surplus moneys have been deposited with the Court Clerk; andit is further
`
`ORDERED,the Referee must enforce any requirements currently in effect at the time of
`
`the sale regarding social distancing and face coverings and the termsof sale for the auction must
`
`include these requirements.
`
`10 of 11
`12 of 15
`12 of 15
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 A
`NYSCEF DOC. NO. 124
`
`NYSCEF DOC. NO. 124
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`
`EX NO. EF2010-7
`INDEX NO. EF2010-7
`IND
`
`RECEIVED NYSCEF: 06/23/2022
`
`
`
`
`RECEIVED NYSCEF: 06/23/2022
`RECEIVED NYSCEF: 08/04/2022
`
`Said property is commonly knownas 229 Mansion Street, Coxsackie, NY 12051.
`
`The legal description of the mortgaged property referred to herein is annexed hereto as
`
`Schedule A.
`
`ENTER
`
`
`
`Hon. Adam W.Silverman, A.J.S.C.
`Acting Justice of the Supreme Court
`
`11 of 11
`13 of 15
`13 of 15
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 B
`NYSCI
`EF DOC. NO. 125
`NYSCEF DOC. NO. 125
`
`
`
`INDEX NO. EF2010-7
`INDEX NO. EF2010-7
`
`
`
`
`
`
`RECEIVED NYSCEF: 08/04/2022
`RECEIVED NYSCEF: 08/04/2022
`
`AFFIDAVIT OF MAILING
`
`Reference No:11-012856
`Mailing Number: 0002734-01
`
`STATE OF CALIFORNIA
`
`COUNTY OF SAN DIEGO
`
`}
`
`}
`
`}SS
`
`l,
`
`Charlene Broussard
`
`, declare as follows:
`
`lam and atall times herein mentioned, a citizen of the United States, over the age of eighteen years and a
`resident of San Diego County,California.
`
`That at the request of LOGS Legal Group, LLP on 7/28/2022, | deposited in the United States mail a copy of the
`attached document,in separate sealed envelopes, in accordance with the checked mailing classes defined below,
`postage prepaid, to the addresslist on exhibit A, attached hereto and made a part hereof.
`
`HCertified
`KXIFirst Class
`L] Registered
`L1Certified Return
`LJFirst Class with Certificate of Mailing
`
`C1Certified Electronic Return Receipt
`LC Registered International
`
`Additional Services provided during the production of this mail order (if any):
`
`None
`
`| declare under penalty of perjury under the lawsofthe State of California that th
`
`egoing is true and correct.
`
`July 29, 2022
`
`San Diego, California
`
`
`
`Date and Place
` A notary public or other officer completing this certificate verifies only the identity of the individual who signed
`
`the documentto whichthis certificate is attached, and not the truthfulness, accuracy, or validity of that
`document.
`
`STATE OF CALIFORNIA
`COUNTY OF SAN DIEGO
`
`,
`Adelina R. Larson
`before me,
`July 29, 2022
`On
`personally appeared Charlene Broussard, who proved to me on the basis ofsatisfactory evidence to be the
`person(s) whose name(s) is/are subscribed to the within instrument and acknowledgedto methat he/she/they
`executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this
`instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
`
`| certify under PENALTY OF PERJURY under the lawsofthe State of California that the foregoing paragraph is true
`and correct.
`
`WITNESS my hand and official seal.
`
`Signature
`
`(Seal)
`
`
`
`ADELINA R, LARSON
`Notary Public - California
`San Diego County
`Commission # 2347047
`my Comm. Expires Feb 15, 2025
`
`ie SL
`eas
`275s”
`
`iMailAffidavitNotary_DiCaro_LOGS.doc
`
`Rev. 12/02/20
`
`14 of 15
`14 of 15
`
`

`

`FILED: GREENE COUNTY CLERK 08/04/2022 10:10 AM
`Exhibit A to Declaration of Mailing
`NYSCEF DOC. NO. 125
`
`INDEX NO. EF2010-7
`
`RECEIVED NYSCEF: 08/04/2022
`
`Sender: LOGS Legal Group, LLP
`175 Mile Crossing Blvd.
`Rochester NY 14624
`
`Postal Class:
`Mail Date:
`Type of Mailing:
`Attachment:
`
`0
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`First Class
`07/28/2022
`Notice of Entry
`0002734-01 000 0728WEB DiCaro_LOGS
`
`(11)9690024833537864
`Kenneth L. Gellhaus, Esq.
`McNamee, Lochner, Titus & Williams, P.C.
`677 Broadway, 5th Floor
`Albany, NY 12207
`
`(11)9690024833537895
`Angelo F. Scaturro, Esq.
`Attorney for the Defendant, Mark E. Horn
`P.O. Box 385
`Coxsackie, NY 12051
`
`(11)9690024833537918
`Wayne Rivers
`17290 Highland Avenue
`Apt 5F
`Jamaica, NY 11432
`
`(11)9690024833537932
`Amber C. Clark
`229 Mansion Street
`Coxsackie, NY 12051
`
`(11)9690024833537956
`CitiBank (South Dakota), N.A.
`670 Merrick Avenue
`East Meadow, NY 11554
`
`(11)9690024833537970
`Darryl Clark
`229 Mansion Street
`1st Floor
`Coxsackie, NY 12051
`
`(11)9690024833537987
`Sherry Wack
`229 Mansion Street
`2nd Floor
`Coxsackie, NY 12051
`
`(11)9690024833538007
`Carol K. Morgan, Esq.
`PO Box 1945
`Kingston, NY 12402
`
`15 of 15
`
`