throbber
SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`______________________________________________________________________-_X
`
`THE BANK OF NEW YORK MELLON TRUST
`
`Index NO. 850119/2013
`
`COMPANY, NATIONAL ASSOCIATION, AS
`GRANTOR OF THE PROTIUM MASTER GRANTOR
`
`TRUST,
`
`_
`'agamSl'
`
`Plaintiff»
`
`RICHARD SCHNEEBERG; NEW YORK CITY
`
`TRANSIT ADJUDICATION BUREAU; BOARD OF
`MANAGERS OF AOL TIME WARNER CENTER
`CONDOMINIUM° NEW YORK CITY
`ENVIRONMENTAL CONTROL BOARD; BIG APPLE
`VISUAL GROUP, LLC,
`
`Defendant
`______________________________________________________________________ ——x
`
`COUNSEL:
`
`NOTICE OF
`SETTLEMENT AND
`PROPOSED ORDER
`
`Mortgaged Premises:
`25 Columbus Circle Unit 58F
`
`New Y°rk= New Y°rk 10019
`
`31001“ 01049
`L0‘: 01055
`
`PLEASE TAKE NOTICE, that an Order, of which the within is a true copy will be presented
`for settlement to the Hon. Gerald Lebovits, J.S.C., one of the justices of the within named Court,
`at the Supreme Court of the State of New York held in the County of New York, 60 Centre
`Street, New York, New York on the 21“ day of March, 2016 at 9:30 AM.
`
`This communication is fiom a debt collector in an attempt to collect. Any information obtained
`will be usedfor that purpose.
`
`Dated: March 10, 2016 ichael P. DeRosa, Esq.
`
`Pulvers, Pulvers, Thompson & Friedman, LLP
`Attorneys for Plaintiff
`950 Third Avenue, 11”‘ Floor
`New York, New York 10022
`(P) 212.471.5199
`(F) 212.355.9000
`
`lofl3
`1 of 13
`
`

`

`To:
`
`Michael C. DeLisa, Esq.
`Attorneyfor Defendant Richard Schneeberg
`475 Montauk Highway
`West Islip, New York 11795
`
`New York City Transit Adjudication Bureau
`130 Livingston Street
`Brooklyn, New York 11201
`
`Board of Managers of AOL Time Warner Center Condominium
`C/O The Secretary of State of the State of New York
`One Commerce Plaza
`
`99 Washington Avenue
`Albany, New York 12231
`
`New York City Environmental Control Board
`100 Church Street
`
`New York, New York 10007
`
`Big Apple Visual Group, LLC
`247 W. 35'“ Street
`
`New York, New York 100010
`
`2ofl3
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`
`

`

`the Supreme Court held
`IAS Part 59 of
`At
`in and for the County of New York at
`the
`Courthouse, New York, New York on
`, 2015
`
`PRESENT: Hon. Paul Wooten, J.S.C.
`: 1 : — — — — 1 — — — 1 — — — : — 1 — — — — — — — : — — — — — — — — — — 1 — — — — — — _——X
`
`BANK OF NEW YORK MELLON TRUST COMPANY,
`THE
`NATIONAL ASSOCIATION AS GRANTOR TRUSTEE OF
`
`THE PROTIUM MASTER GRANTOR TRUST,
`Plaintiff,
`
`-against—
`
`Index NO. 850119/2013
`JUDGMENT OF
`FORECLOSURE AND SALE
`
`RICHARD
`
`SCHNEEBERG;
`
`NEW YORK CITY TRANSIT Foreclosure of:
`
`Columbus Circle,
`25
`ADJUDICATION BUREAU; BOARD OF MANAGERS OF
`AOL TIME WARNER CENTER CONDOMINIUM; NEW YORK Unit #58F
`
`CITY ENVIRONMENTAL CONTROL BOARD; BIG APPLE New York, New York
`VISUAL GROUP, LLC,
`
`Defendants.
`___________________________________________ __x
`
`On
`
`the Summons and Complaint and Notice of Pendency of Action
`
`duly filed in this action on May 7, 2013, and all proceedings hereon,
`
`and on reading and filing the Notice of Motion and Affirmathxu in
`
`support of
`
`Judgment of Foreclosure and Sale of Mark R. Knuckles,
`
`Esq., affirmed lAugust 26,
`
`2015,
`
`and. on reading the affirmation of
`
`regularity of Mark R. Knuckles, Esq., dated August 26,
`
`2015,
`
`and
`
`showing that each and all of
`
`the defendants herein have been duly
`
`served within this State with the summons
`
`in this action, and on the
`
`affidavits of service heretofore filed in the Office of the Clerk of
`
`the County of New York from all of which it appears that nmre than
`
`twenty days have elapsed since each defendant was served;
`
`that none
`
`of
`
`the defendants answered, moved or appeared with respect
`
`thereto
`
`except for Richard Schneeberg who interposed an Answer dated June 28,
`
`2013
`
`by his attorney, Michael C. DeLisa, Esq. which Answer was
`
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`3 of 13
`
`

`

`subsequently stricken pursuant
`
`to the Order of the Court dated April
`
`16, 2014, although their time to do so has expired and has not been
`
`extended by court order or otherwise;
`
`so that none of the defendants
`
`are entitled to notice hereof except
`
`the said defendants heretofore
`
`mentioned;
`
`none
`
`of
`
`the defendants
`
`are
`
`infants,
`
`incompetents
`
`or
`
`absentees and,
`
`since the filing of
`
`the notice of pendency of
`
`this
`
`action,
`
`the complaint herein has not been amended so as to make new
`
`parties defendants to this action or so as to embrace real property
`
`other
`
`than that described on
`
`the original complaint or
`
`so as
`
`to
`
`extend the plaintiff's claim against
`
`the premises;
`
`and that
`
`the
`
`complaint herein and due notice of
`
`the pendency of
`
`this action
`
`containing all
`
`the particulars required to be stated therein were
`
`duly filed in the Office of
`
`the Clerk of
`
`the County of New York on
`
`May 7,
`
`2013,
`
`and an Order of Reference having" been duly made
`
`to
`
`compute the amount due to the plaintiff upon the mortgage set forth
`
`in the complaint and to examine and report whether
`
`the premises can
`
`be sold in parcels,
`
`from all of which it appears
`
`that
`
`this is an
`
`action brought
`
`to foreclose a nwrtgage on real property situate in
`
`the County: of New York: together with interest
`
`thereon and other
`
`charges due
`
`to plaintiff, which are now due and payable,
`
`as more
`
`fully reported by the Referee heretofore appointed herein,
`
`and on
`
`reading and filing the report of
`
`said Referee,
`
`by which report,
`
`bearing date April 17, 2015, it appears that the sum of $4,613,509.31
`
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`
`

`

`was due on April 1,
`
`2015, exclusive of counsel
`
`fees;
`
`and that
`
`the
`
`premises should be sold in one parcel;
`
`Upon the motion of
`
`the Law Offices of Knuckles, Komosinski
`
`&
`
`Elliott, LLP, as attorneys for Plaintiff, said motion having come to
`
`be heard before this court ____ day of
`
`, 2015,
`
`and there
`
`being no opposition thereto, and after due deliberation; it is
`
`ORDERED, ADJUDGED and DECREED that the motion is granted; and it
`
`is further,
`
`ORDERED, ADJUDGED AND DECREED that
`
`the
`
`report of Regina L.
`
`Darby, Esq.,
`
`sworn to and dated April 17, 2015, be and same hereby
`
`ratified and confirmed and; it is further,
`
`ORDERED, ADJUDGED AND DECREED that the premises described in the
`
`complaint
`
`in this action and as hereinafter described,
`
`and any and
`
`all personal property in which plaintiff has a security interest or
`
`such part
`
`thereof as may be sufficient
`
`to discharge the mortgage
`
`debt,
`
`the expenses of
`
`the sale and the costs of
`
`this action as
`
`provided by the Real Property Actions and Proceedings Law be sold,
`
`in
`
`one parcel, at public auction in one parcel on any Tuesday at 2:00
`
`p}m.
`
`in Room 130 at the New York County Courthouse,
`
`60 Centre Street,
`
`New York, New York by and under
`
`the direction of Leland L. Greene,
`
`Esq., who is hereby appointed Referee for that purpose;
`
`that the said
`
`Referee give public notice of
`
`the time and place of such sale;
`
`and
`
`shall report and submit a copy of this judgment
`
`to the Motion Support
`
`Office Room 119 at 1:00 p.m.,
`
`so the sale may proceed promptly at
`
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`5 of 13
`
`

`

`2:00 p.m.,
`
`that said receiver give public notice of
`
`the time
`
`and
`
`place of
`
`such sale according to law and rules and the practice of
`
`this Court by publishing Notice of Sale in the The New York Law
`
`Journal and that
`
`the plaintiff or any other parties to this action
`
`may become the purchaser or purchasers at such sale;
`
`that in case the
`
`plaintiff shall become the purchaser at
`
`the said sale they shall not
`
`be required to make any deposit
`
`thereon;
`
`that
`
`said Referee execute
`
`to the purchaser or purchasers on such sale a deed of
`
`the premises
`
`sold;
`
`that
`
`in the event a party other than the plaintiff becomes
`
`the
`
`purchaser or purchasers at such sale,
`
`the closing of title shall be
`
`had thirty days after such sale unless otherwise stipulated by all
`
`parties to the sale; and it is further,
`
`ORDERED, ADJUDGED AND DECREED that
`
`the purchaser shall pay for
`
`all deed stamps and transfer taxes resulting from the sale; and it is
`
`further
`
`ORDERED, ADJUDGED AND DECREED that such Referee on receiving the
`
`proceeds of
`
`such sale forthwith pay therefrom,
`
`in accordance with
`
`their priority according to law,
`
`the taxes, assessments,
`
`sewer rents
`
`or water rates which are or may become liens on the premises at
`
`the_
`
`time of sale with such interest or penalties which may have lawfully
`
`accrued thereon to the date of payment; and it is further,
`
`ORDERED, ADJUDGED AND DECREED that said Referee then deposit
`
`the
`
`balance of said proceeds of sale in his/her own name as Referee in
`
`and
`
`shall
`
`thereafter
`
`make
`
`the
`
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`
`

`

`following payments and his/her checks drawn of that purpose shall be
`
`paid by a said depositary:
`
`FIRST: The statutory fee of said Referee,
`
`in the sum of $500.00.
`
`SECOND: The expenses of the sale and the advertising expenses as
`
`shown. on the bills presented and certified by said Referee to be
`
`correct. Duplicate copies of which shall be
`
`filed with the
`
`said
`
`Depository and Clerk of this Court.
`
`THIRD:
`
`Said Referee
`
`shall
`
`also
`
`pay
`
`to
`
`the plaintiff
`
`or
`
`plaintiff's
`
`attorney the
`
`sum of
`
`$
`
`,
`
`adjudged
`
`to
`
`the
`
`plaintiff for costs and disbursements in this action to be taxed by
`
`the clerk and inserted herein, with interest
`
`thereon from the date
`
`hereof,
`
`together with an additional
`
`allowance of $300.00, hereby
`
`awarded to the plaintiff in addition to costs, with interest thereon
`
`front
`
`the date hereof,
`
`and also the sum of $4,613,509.31 the said
`
`amount
`
`so reported due as aforesaid,
`
`together with interest thereon
`
`from April 1, 2015 the date the interest was calculated to in said
`
`report,
`
`together with any" other charges due
`
`to prior
`
`lienors,
`
`or
`
`advances made
`
`by plaintiff
`
`to maintain the premises pending_ the
`
`consummation of this foreclosure sale not previously included in the
`
`computation of
`
`the Referee,
`
`together with interest
`
`thereon pursuant
`
`to the mortgage instrument.
`
`FOURTH: If such Referee intends to apply for a further allowance
`
`for his/her fees, and application shall be made to the Court therefor
`
`upon due notice to those parties entitled thereto.
`
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`
`

`

`That
`
`in case the plaintiff be the purchaser of said premises at
`
`said sale, or
`
`in the event
`
`that
`
`the rights of the purchaser at said
`
`sale and the terms of sale under this judgment shall be assigned to
`
`and be acquired by the plaintiff,
`
`and a valid assignment
`
`thereof
`
`filed with said Referee, said Referee shall not require the plaintiff
`
`to pay in cash the entire amount bid at said sale, but shall execute
`
`and deliver to the plaintiff or its assignee,
`
`a deed or deeds of the
`
`premises
`
`sold upon
`
`the
`
`payment
`
`to said Referee
`
`of
`
`the amounts
`
`specified above in items marked "FIRST" and "SECOND" and the amounts
`
`of
`
`the aforesaid taxes,
`
`assessments,
`
`sewer
`
`rents and water rates,
`
`with interest and penalties thereon, or
`
`in lieu of
`
`the payment of
`
`said last mentioned amounts, upon filing with said Referee receipts
`
`of the proper municipal authorities showing the payment
`
`thereof;
`
`that
`
`the
`
`balance
`
`of
`
`the
`
`amount bid,
`
`after
`
`deducting
`
`therefrom the
`
`aforesaid
`
`amounts
`
`paid
`
`by
`
`the plaintiff
`
`for Referee‘s
`
`fees,
`
`advertising expenses,
`
`taxes,
`
`assessments,
`
`sewer
`
`rents
`
`and water
`
`rates, shall be allowed to the plaintiff and applied by said Referee
`
`upon the amounts due
`
`to the plaintiff as specified above_ in item
`
`marked "THIRD";
`
`that if after so applying the balance of
`
`the amount
`
`bid,
`
`there shall be a surplus over and above the said amounts due to
`
`the plaintiff,
`
`the plaintiff shall pay to said Referee, upon delivery
`
`to plaintiff of said Referee‘s deed,
`
`the amount of such surplus;
`
`that
`
`said Referee on receiving said several amounts
`
`from plaintiff shall
`
`forthwith pay said taxes, assessments,
`
`sewer rents and water rates,
`
`8ofl3
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`
`

`

`with interest
`
`and. penalties thereon, unless
`
`the same have already
`
`been paid,
`
`and shall
`
`then deposit
`
`the balance in the hereinbefore
`
`designated Depository.
`
`That
`
`said Referee
`
`take
`
`the
`
`receipt
`
`of
`
`the plaintiff
`
`or
`
`plaintiff's attorney for the amounts paid as herein before directed
`
`in item marked "THIRD" and file it with his/her report of sale;
`
`that
`
`he/she deposit
`
`the surplus monies,
`
`if any, with the New York County
`
`Clerk within five days after
`
`the same
`
`shall be
`
`received and be
`
`ascertainable,
`
`to the credit of this action,
`
`to be withdrawn only on
`
`the order of
`
`the Court,
`
`signed by a Justice of
`
`the Court;
`
`that
`
`the
`
`said Referee make his/her report of such sale under oath showing the
`
`disposition of
`
`the proceeds of
`
`the
`
`sale and accompanied by
`
`the
`
`vouchers of
`
`the person to whom payments were made and file it with
`
`the New York County Clerk within thirty days after completing the
`
`sale and executing the proper conveyance to the purchaser;
`
`and it is
`
`further,
`
`ORDERED, ADJUDGED and DECREED that if the proceeds of such sale
`
`be
`
`insufficient
`
`to pay the amount
`
`reported due
`
`the Plaintiff with
`
`interest and costs aforesaid,
`
`the Plaintiff recover of the Defendant,
`
`RICHARD SCHNEEBERG,
`
`the whole deficiency or
`
`so much thereof as
`
`the
`
`Court may determine to be
`
`just
`
`and equitable of
`
`the nmrtgage debt
`
`remaining unsatisfied after the sale of
`
`the nwrtgaged premises
`
`and
`
`the application of
`
`the proceeds
`
`thereof, provided a motion for
`
`a
`
`deficiency judgment shall be made as prescribed by Section 1371 of
`
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`9 of 13
`
`

`

`the RPAPL within the time limited therein, and the amount
`
`thereof is
`
`determined and awarded by an order of
`
`this Court as provided for in
`
`said action; and it is further,
`
`ORDERED, ADJUDGED AND DECREED that
`
`the purchaser or purchasers
`
`at said sale be let
`
`into possession on production or delivery of a
`
`Referee's deed or deeds; and it is further,
`
`ORDERED,
`
`ADJUDGED
`
`AND
`
`DECREED
`
`that
`
`each
`
`and all
`
`of
`
`the
`
`defendants in this action and all persons claiming under them, or any
`
`or either of
`
`them, after the filing of
`
`such notice of pendency of
`
`this action, be and they are hereby forever barred and foreclosed of
`
`all right, claim,
`
`lien,
`
`title,
`
`interest and equity of
`
`redemption in
`
`the said premises and each of every part thereof; and it is further
`
`ORDERED, ADJUDGED AND DECREED that said premises to be sold in
`
`one parcel
`
`in "as
`
`is" physical order and condition,
`
`subject
`
`to any
`
`state of facts that an inspection of the premises would disclose; any
`
`state of facts that an accurate survey of
`
`the premises would show;
`
`any covenants,
`
`restrictions, declarations,
`
`reservations,
`
`easements,
`
`rights or way and public utility agreements of
`
`record,
`
`if any;
`
`any
`
`building and
`
`zoning ordinances :of
`
`the municipality in which
`
`the
`
`mortgaged premises are located and possible violations of
`
`same;
`
`any
`
`rights of
`
`tenants or persons in possession of
`
`the subject premises;
`
`prior lien(s) of record except
`
`those liens addressed in section 1354
`
`of
`
`the RPAPL;
`
`any equity of
`
`redemption of
`
`the UNITED STATES OF
`
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`
`

`

`AMERICA to redeem the premises within 120 days from date of sale; and
`
`it is further,
`
`A description of
`
`the said premises herein before mentioned is
`
`annexed hereto and incorporated herein and marked Schedule “A”.
`
`Said premises being known as and by the street address of 25
`
`Columbus Circle, Unit #58F, New York, New York, and it is further
`
`ORDERED, ADJUDGED and DECREED that
`
`the premises be
`
`sold
`
`subject to:
`(a) Covenants, restrictions, easements, and agreements of record, if
`
`any;
`
`(b) Any state of
`
`facts an accurate survey and. physical
`
`inspection
`
`might show;
`
`(c) Existing tenancies and/or occupancies, if any;
`
`(d) Violations,
`
`zoning regulations,
`
`and ordinances of
`
`any state,
`
`village, or municipality in which said premises lie;
`
`(e) Statutory right of THE UNITED STATES OF AMERICA to redeem within
`
`one hundred twenty (120) days from the date of sale, if any;
`
`(f) Statutory provisions of CPLR § 317;
`
`(g) Any and all prior mortgages,
`
`liens and. encumbrances;
`
`(h) Rights of
`
`the public and others
`
`in and to any 'part of
`
`the
`
`premises
`
`that
`
`liesi within the
`
`bounds of
`
`any
`
`street, alley,
`
`highway,
`
`right of way or
`
`road,
`
`restrictions and easements of
`
`record.
`
`E N T E R:
`
`Paul Wooten, J.S.C.
`
`ll of 13
`11 of 13
`
`

`

`SCHEDULE A
`
`DESCRIPTION
`
`Block 1049 and Lot 1055
`
`THE condominium unit (hereinafter called the "Unit”) in the building (hereinafter called the
`’’Building’’) known as Time Warner Center Condominium (f/k/a AOL Time Warner Center
`Condominium) and by the street address 25 Columbus Circle, Borough of Manhattan, City,
`County and State of New York, said Unit being designated and described as Unit No. ST-58F in
`that certain declaration, dated as of July 22, 2003 made by Grantor's predecessor in interest,
`Columbus Centre, LLC, pursuant to Article 9-B of the Real Property Law of the State of New York
`(hereinafter called the ”Condominium Act”) establishing condominium ownership of the
`Building and the land (hereinafter called the ”Land”) upon which the Building is situate, which
`declaration was recorded in the New York County Office of the Register of the City of New York
`(the "City Register’s Office”) on July 23, 2003, as CRFN 2003000251697, as amended by First
`Amendment to Declaration dated as of August 19, 2003 and recorded in the City Register’s
`Office on August 26, 2003 as CRFN 2003000307974 (which declaration, and any amendments
`thereto, are hereinafter collectively called the ’'Declaration’’). The Unit is also designated as Tax
`Lot 1055 in Block 1049 of the Borough of Manhattan on the Tax Map of the Real Property
`Assessment Bureau of the City of New York and on the floor plans of the Building certified by
`Ismael Leyva Architects P.C., on March 31, 2003, as Condominium Plan No. 1311, and also filed
`in the City Register’s Office on July 23, 2003 as condominium plan No. 1311, CRFN
`2003000251698, as amended by plans certified by Ismael Leyva Architects P.C. on August 19,
`2003, as Condominium Plan No. 1311—A, and also filed in the City Register’s Office on August 26,
`2003 as CRFN 2003000307975 (which floor plans and any amendments thereto, are collectively
`called the ’’Floor Plans”);
`
`TOGETHER with an undivided 0.0599% interest in the Common Elements (as such term is
`defined in the Declaration) of Time Warner Center Condominium.
`
`Premises known as 25 Columbus Circle, Unit No. ST-58F a/k/a 10/80 Columbus Circle a/k/a
`1 Central Park South a/k/a 1819/1829 Broadway a/k/a 2/20 West 60 Street a/k/a 301/399
`West 58 Street a/k/a 991 Eighth Avenue a/k/a 5/25 Columbus Circle, New York, New York
`
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`

`

`‘
`
`D: NEW YORK COUNTY -CLERK 032016 12:42 PM
`69
`NYSCEF DOC . NO .
`
`INDEX NO.
`
`850119/2013
`
`RECEIVED NYSCEF:
`
`03/l0/2016
`
`SUPREME COURT OF THE STATE OF NEW YORK
`NEW YORK COUNTY
`
`PRESENT:
`

`. " ’
`
`.i R-..=.-M!
`
`‘*7
`
`=.
`
`'==.-'9'.‘-\""«'9‘r
`‘W
`
`Justice
`
`izazissazmsiiaiiiot
`
`vs.
`
`SCHNEEBERG. RICHARD
`SEQUENCE NUMBER : 002
`JUDGMENT OF FORECLOSURE 8 SALE
`The tollowlng papers. numbered 1 to
`. were read on this motion Kilfor
`
`'3“?
`
`Notice of Motion/Order to Show Cause -— Affidavits — Exhibits
`Answering Affidavits — Exhibits
`Replying Affidavits
`Upon the foregoing papeis. it is ordered that this motion is 3/‘ 4-»./—(
`F“-via/v.
`J,
`-T/J/’¢vJ /"/ 9/‘
`.\
`
`
`
`J«...).//2; /~/~/5.
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`
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`_
`,
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`Ea‘QN_ i,:,;i..; .. -i.. ....
`
`‘it: J.S.C.
`‘Ls.c.u
`
`Dated:
`
`3
`
`? / 6
`
`E2
`OU)
`5n:
`
`0 EO 30L
`
`I.
`LIJ
`
`II
`
`-K0I
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`L
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`
`
`MOTIONICASEISRESPECTFULLYREFERREDTOJUSTICE
`
`1. ciiiacx one: ................................
`
`_
`2. CHECK AS APPROPRIATE. ................
`......... ..
`3. CHECK IF APPROPRIATE: .......................... ..
`
`............... ..
`
`""""""""" ‘Z‘°AsE °'S'°°sE°
`MOTION is- E§.GRANTED
`CJDENIED
`.
`.
`'
`
`L] NON-FINAL oisPosiTioN
`
`U
`. GRANTED IN PART
`
`jomaa
`
`E] FIDUCIARY APPOINTMENT
`
`-T] REFERENCE
`
`[_-3 SUBMW ORDER
`
`..............
`
`f§‘_SETTLE ORDER
`noJ
`1 of l
`
`NOT POST
`
`13 of 13
`13 of 13
`
`'°ART——2-
`
`
`
`MOTION DATE__:fi_,_j.
`
`MOTION SEQ. N0.
`
`
`
`‘F
`
`/145 W-5 V‘ 3 /T“
`I Hots}.
`{
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`
`

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