throbber
At an IAS Term, Part
`of the Supreme Court Of
`the State of New York,
`held in and for the
`
`q
`
`County Of QUEENS,
`Supreme Courthouse;
`located at:
`
`QUEENS COURTHOUSE
`88—11 SUTPHIN BOULEVARD
`
`JAMAICA, NEW YORK 11435
`
`On the
`
`day Of
`
`, 2017
`
`,
`PRESENT:
`HON.
`
`Justice of the Supreme Court
`
`‘V
`
`“L'I
`_
`THE BANK OF NEW YORK MELLON FKA THE
`BANK OF NEW YORK, AS TRUSTEE (CWAETJUDGMENT 0F FORECLOSURE
`2005-06CB),
`AND SALE
`
`-against—
`
`Plaintiff,
`
`NAGEH METRYOOS, CITIBANK, N.A.,
`COMMISSIONER OF SOCIAL SERVICES OF
`THE CITY OF NEW YORK SOCIAL
`
`SERVICES DISTRICT,NEW YORK CITY
`ENVIRONMENTAL CONTROL BOARD,
`
`INDEX NO. 701183/201711
`’
`,cgg
`"JJ
`
`9017
`
`
`
`
`
`
`
`N‘X
`
`Defendants.
`5'
`i ON the Summons, Complaint and Notice of Pendency of action‘é
`\ r -“ m-n
`the County OfUQuEens onf
`
`the County Clerk Of
`
`in the Office of
`
`January 25,
`
`2017 and on all proceedings had thereon;
`
`and uponfi
`
`reading and filing the affirmation Of regularity Of Vincent P.é
`
`Surico, Esq., dated August 29, 2017, with exhibits annexed, showingé
`‘1‘
`that all Of the Defendants herein have been duly served within thisfi
`
`State with the Summons in this action, or have voluntarily appearedQ?
`U
`mi LuxL,
`by their respective attorneys; and on the proof of service u on an'fi
`
`appearance by the Defendant(s) herein heretofore filed innthiéé
`
`action; and stating that more than the legally required nfifiber-ofé
`
`days have elapsed since said Defendants were so served; andnthatH
`
`none Of the Defendants has served an Answer to said Complaint, and
`,111 ‘
`a
`
`ON the Order of Reference dated June 2, 2017 appointing ALfi
`mini?
`NAJMI as Referee in this action to ascertain and compute thefamounéh
`.,J_/
`
`

`

`due, and to examine the Plaintiff or its agent under oath as to thef
`
`allegaflions contained in the Complaint, and to examine and report?
`
`sold in' one jdifihnoréi
`should be
`whether? the mortgage premises
`parcels;
`and on reading and filing the Oath and Report of
`the:
`aforesaid Referee sworn to and dated August 24, 2017, it appears:
`that the sum of $498,365.05 was due to the Plaintiff, as of July?
`10, 2017, plus per diem interest for every day thereafter, on thd:
`date of said report and that the mortgage premises should beosold:
`in one parcel, and after due deliberation having been thérEOn$randig
`upon reading and filing the decision of the Court datéd‘ififiéb2ii
`2017.
`J
`iii-j:
`3
`
`NOW, upon motion of DeRose & Surico the attorney(s)
`Plaintiff, it is
`‘-
`
`f8? the;
`“i
`'“ {i
`n and?
`that the motion is granted, without OppOSltiO)
`
`ORDERED,
`
`it is further
`
`ORDERED, ADJUDGED, and DECREED, that the report of ALI NAJMI
`i‘
`'H
`June
`Esq. dated August 24,2017, be,
`and the same is hereby, in all,
`respects, ratified and confirmed; and it is further
`5
`1‘
`J
`ORDERED, ADJUDGED, and DECREED,
`that the mortgaged premises?
`described in the Complaint
`in this
`action,
`and hereinafter;
`described, or such part thereof as may be sufficient to discharge?
`the mortgage debt under the note and mortgage,
`the expenses of sale?
`(>1
`1‘
`‘ifl I
`'
`b
`this action as provided by the Real Property}
`and the costs of
`Actions and Proceedings law be sold,
`in one parcel, at Public
`Auction at the Queens County Supreme Court located at 88—11 Sutphini
`
`Boulevard, Jamaica, New York,
`
`in Courtroom #25 at 10:00 A. M. by
`
`and under the direction of ALI NAJMI, Esq., who is hereby'aprintedr
`
`Referee for that purpose;
`
`in the absence of the designated Refereei‘
`
`the Court will designate a substitute Referee forthwith, that said:
`i <
`Referee give public notice of the time and place of such $3eiin,
`
`

`

`accordance with law, practice of this Court and R. P. A. P. L.'sect 23l‘
`i and that the Plaintiff or any other‘j
`
`in
`parties to this action may become the purchaser or purchasers at
`the said sale;
`that
`in this 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 thew
`event a party other than the Plaintiff becomes the purcfié§ér of
`
`they shall be required to tender aHdeposit'
`purchases at such sale,
`of 10% of the purchase price in the certified funds and thé”éi%éing
`
`of title shall be had thirty days after such sale unless dtfigiwlsé.
`
`stipulated by all parties to the sale; and it is further “it?
`
`7:
`
`that the Referee appointed herein is subject to the}
`ORDERED,
`requirements of Rule 36. 2(c ) of the Chief Judge, and if the Refereet
`
`is disqualified.
`
`front
`
`receiving an appointment pursuant to the‘
`
`provisions of that Rule,
`
`the Referee shall notify the appointing,
`
`
`Justice forthwith; and it is further
`
`ORDERED, ADJUDGED,
`
`and DECREED,
`
`that
`
`said Referéfe‘,‘”upori'
`
`receiving the proceeds of the sale, shall forthwith pay thereform,t
`V
`13
`in accordance with their priority according to law,
`the taxes,‘
`assessents,
`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 thedabe‘ofe
`4”
`payment; and it is further
`:
`
`ORDERED, ADJUDGED, and DECREED, that said Referee then depOSit,
`
`and balance of said proceeds of sale in his/her own name_as Referee
`
`
`and shall
`
`thereafter‘ make: the
`
` in I
`
`,
`
`following payments and his/her checks drawn for that purpOSefghall
`
`be paid by said depository:
`
`
`
`

`

`FIRST: The statutory fees of the Referee in the sum of $500.00
`
`SECOND: The expenses of sale and the advertising expenses
`
`shown on the bills presented and certified by said Referee to be
`
`correct, duplicate copies of which shall be annexed to the report‘
`
`of sale.
`
`The Referee shall not be held responsible for the payment of
`penalties or fees pursuant to this appointment. The Purchaserighali
`
`hold the Referee harmless from any such penalties or fees assessedt
`
`THIRD: Said Referee shall also pay to the Plaihtffff}
`
`Plaintiff's attorney,
`
`the sum of $
`
`to be determined by
`
`the Clerk and adjudged.to the Plaintiff for costs and disbursements
`
`in this action to be taxed by the Clerk and inserted herei'h?hwitfi
`11"
`
`interest thereon from the date hereof;
`
`together with an additional
`
`‘grgr:
`hereby awarded to the Plaint ff in
`
`allowanbe of
`
`$
`
`addition to costs, with interest thereon from the date hereof and
`
`also the sum of $498,365. 05 the said amount
`
`so reported due as.
`
`aforesaid,
`
`together with interest thereon from July 10,”2017”the
`I'EjYV‘
`date interest was calculated to in said report, oi"éb_much
`
`therefore as the purchase money of the mortgaged premises willpay
`of the same,
`together with any advances necessarily paid by the
`Plaintiff for taxes,
`fire insurance, principal and lfitéi‘él to
`
`
`
`prior. mortgages
`
`to preserve and or maintain.
`
`the premises not
`
`previously included.
`
`in any computations,
`
`upon. presentation of
`
`receipts for said expenditures to the Referee,
`
`together With
`
`$
`
`<
`
`hereby awarded to Plaintiff as reasonable legal
`.'
`1
`
`fees herein,
`
`together with any advances as provided for in the note
`
`and. mortgage, which Plaintiff has made
`
`for
`
`taxes,
`
`principal
`1
`
`and
`
`interest
`
`and
`
`any other
`
`charges
`
`.1
`1.1‘
`insurance,
`
`due 7to prior
`1:
`'pw'itfl.
`
`
`
`

`

`mortgages, or to maintain the premises pending consummatiOnFOf-this
`foreclosure sale, not previously included in the computation and
`upon presentation of receipts for said expenditures to the Refbree,
`all
`together with interest
`thereon pursuant
`to the note and
`
`mortgage.
`
`a ‘further
`to apply for
`such Referee intends
`If
`FOURTH:
`allowance for his/her fees, he/she may leave upon deposit such
`amount as will cover
`such additional allowance,
`to Fawait'
`the
`A,
`.32],
`-
`further order of this Court
`thereon after application dtiy
`'made
`
`
` i; ",‘ l (,5 F
`
`upon due notice to those parties entitled thereof.
`
`That in case the Plaintiff be the purchaser of said mbrfgaged
`
`premises at
`
`the sale, or
`
`in the event
`
`that
`
`the rights of
`
`the
`
`purchasers at said and the terms of sale under this judgmenfvshalf
`be assigned to and be acquired by the Plaintiff, andaivalid
`
`assignment thereof filed with said Referee, said Referee shall not')
`require the Plaintiff to pay in cash the entire amount bidaat said
`
`sale, but shall execute and deliver to the Plaintiff, or it's
`
`assignee, a deed or deeds of the premises sold upon the paymeht t3
`
`said Referee of the amount specified above in items marked "RIRSTfi
`
`and "SECOND" and the amounts of the aforesaid taxes, assesSments}
`
`sewer rents and water rates, with interest and penalties théiéon;
`
`or,
`
`filing with
`
`said Referee
`
`receipts
`
`in lieu of the payment of said last mentioned amountsdfupon L
`
`of
`
`the proper. mufi
`
`:
`
`L
`
`authorities showing 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
`i
`‘ a
`Plaintiff and applied by said Referee upon the amounts due E5 the
`
`Plaintiff as specified in item marked "THIRD";
`
`that if after sd
`
`applying the balance of the amount bid,
`
`there shall be a éuffilué
`\y:
`r
`-.r’
`5
`
`'
`
`

`

`
`
`over and above the said amounts due to the Plaintiff, the Plaintiff
`
`shall pay to the said Referee, upon delivery to Plaintiff ofésaid
`Referee's deed,
`the amount of such surplus; that said Referee,{upoé
`receiving said several amounts from the Plaintiff, shall forthwith
`
`pay therefrom said taxes, assessments, sewer rents and water rates,
`with interest and penalties thereon, unless the same have already
`
`been paid, and shall then deposit the balance.
`The said Referee shall take the receipt of the Plaihtiffi or
`the attorneys for the Plaintiff, for the amounts paid asidihected
`in the item "THIRD" above, and file it with his/her reportof’sale,
`
`that he/she deposit
`
`the surplus monies,
`
`if any, with tfié‘éfiéené
`
`County Clerk within five days after the same shall be receivéarand
`
`to bevwitharawn
`to this action,
`to the credit
`be ascertainable,
`only on an order of this Court, signed by a Justice of this Court
`‘
`I1
`The Referee shall make his/her report of
`such sale underoath
`showing the disposition of the proceeds of the sale and accompa 1ed
`
`
`the persons to whom payments were made,aand
`,-; 1
`
`by the vouchers of
`
`shall file it with the Queens County Clerk within thirty daysafter
`completing the sale and executing the proper conveyance to the
`M
`,l‘
`,
`purchaser, and that if the proceeds of such sale be 1nsuff1c1ent to
`
`pay the amount
`
`reported due to the Plaintiff with interes€ and
`
`costs as aforesaid,
`the said Referee shall specify the amount of
`such deficiency in his/her report of sale; that the Pla1nt1ff1hall
`
`recover from the Defendant(s ) NAGEH METRYOOS the whole def1c1ency
`(47
`
`or
`
`so much thereof as this Court may determine to be just and1'(
`
`equitable of the residue of the mortgage debt remaining unsatisfied
`
`after a sale of the mortgaged premises and the applicationidf the
`
`proceeds thereof, provided a motion for a deficiency judgmentflshalf
`
`be made as prescribed by section 1371 of Real Property ACti‘i”
`and the amount
`Proceedings Law within the time limited therein,
`’
`i
`'.
`I}
`
`

`

`thereof is determined and awarded by an order of
`
`this Court as
`
`provided for in said section; and it is further
`
`1
`
`ORDERED,
`
`ADJUDGED,
`
`and DECREED,
`
`that
`
`the purchaSer or
`
`purchasers at said sale be let into possessions on production or
`
`delivery of the Referee's deed or deeds; and it is further
`
`the
`that each and all of
`ORDERED, ADJUDGED, and DECREED,
`Defendants in this action and all persons claiming under them, or
`
`any or either of them, after the filing of such notice of pendency
`
`and they are hereby forever barred: and
`be
`this action,
`of
`forecldsed of all rights, claim,
`lien, title, interest,wa85gulty
`
`of redemption in said mortgaged premises and each and every part
`1"
`
`thereof; and it is further
`
`ORDERED, ADJ'UDGED, and DECREED,
`
`that said premises! fiis‘i‘ft‘o‘bé
`
`sold in one parcel in "as is" physical order and conditioh, flislci'iig:"1ect
`
`to any state of facts that an inspection of the prem1seSIWOuld
`
`
`
`any state of
`
`facts that
`
`disclose;
`an accurate Surveyof. the|
`_
`1
`n
`,1,
`1
`:,.L
`
`
`.
`,u.ulrv
`prem1ses would show;
`any covenants,
`restrictions, declarations?
`reservations,
`easements,
`rights
`of way
`and public ut1l1ty
`agreements of record, if any; any building and zoning ordinances of
`‘.
`4;)
`‘
`the municipality in which the mortgaged premises is located and
`1 “$1,151;
`I‘
`:1,;,~‘:
`possible Violations of same; any rights of tenants or persons in
`
`liens of record,
`
`possessions of the subject premises; prior,
`
`i
`
`th
`any,
`eXcept
`those liens addressed in section 1354 of
`Property Actions and Proceedings Law; any equity of redempt1on of
`the UNITED STATES OF AMERICA to redeem the premises within 120 days
`1 11131.1
`
`from the date of sale; and it is further
`
`ORDERED, ADJUDGED, and DECREED,
`
`that a copy of this Judgment
`
`with Notice of Entry shall be served upon the owner of theeguity
`
`of redemption, any tenants named in this action and any other(party
`
`
`entitled to notice.
`
`

`

`
`
`MACGREGOR ABSTRACT CORP.
`
`,Title No. 16745 (1220)
`
`SCHEDUL'E A
`
`ALL that certain plot. piece or pnrceiiof land, with the buildings and improvements
`thereon erected. situate,
`lying and being'in the Borough and County of (itieens, City
`and State of New York, known and designated as and by Lot No. 7 in Bloc 9833 on a
`certain may entitled “Map of Treasureland, Third Ward, Borough of Queens, City and
`State of New York, name of owners and Tilers, Treasureland Homes Cogoration, 1335
`Grand Street, Brooklyn, N.Y., A.U. Whitson OE. and 0.8. Flushing,
`.Y." and filed
`in the Offices of the Clerk of the County of Queens on September 25. 1925. as Map
`No. 4763, being more particularly bonded and described as follows:
`
`BEGINNING at a point on the sontheri ' side of 34th Avenue, distant 60 feet westerly
`from the corner
`formed by the intersection of the southerly side of‘ 34th Avenue with
`the westerly side of 200th Street;
`RUNNING THENCE southerly parallel with 200th Street and part of the distance
`through a party wall, 100 feet;
`
`THENCE westerly parallel with 34th Avenue, 20 feet;
`
`THENCE northerly parallel with .200th Street, 100 feet to the southerly side of 34th
`Avenue; and
`THENCE easterly along said side of 34th Avenue, 20 feet to the point or place of
`BEGINNING.
`‘
`SUBJECT. however,
`to an easement of right of way of 4 1/2 feet on the westerly side
`bf the property hereby conveyed.
`TOGETHER with a similar easement in and right of way upon the easterly 4 1/2 feet to
`the property adjoining on the West thereof, which easement is provided for the urpose
`of a driveway to the rear of the premises and the premises adjoining on the fiest and
`to he used in common by the owners of the respective properties for the pur ose of free
`and unobstructed ingress and egress at all time from the street in Front of sai premises.
`
`\
`
`Dn~n '1
`
`insure the title to such buildings and
`"The policy to be issued 'under this report will
`improvements erected on the premises which by low constitute real property.
`.
`’s-TOGETHER with all the right. title and interest of the party of the first part. of, in and to
`i
`Ithe» lend lying in the street
`in front of and adjoining euld premises.
`
`\liI
`
`FOR
`CONVEYANCiNG
`oNLY
`
`‘
`
`

`

`Said premises commonly known as 199— 40 34TH AVENUE! FLUSHINGI
`
`NEW YORK 11358. A description of said mortgaged.premises is annexed
`
`hereto and made a part hereof as Schedule "A".
`
`ENTER:
`
`_ q: JJ'V‘:
`JUSTICE SUPREME COURT
`HI“? '
`
`,
`'3.
`
`I
`
`Justice of the Supreme Court
`
`
`
`
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`
`.
`COUNTY OF QUEENS
`THE BANK OF NEW YORK MELLON FKA THE BANK
`
`OF NEW YORK, AS TRUSTEE (CWALT 2005—
`06GB),
`_
`
`AFFIRMATION OF
`REGULARITY
`
`Plaintiff,
`
`—against—
`
`INDEX # 701183/2017
`
`NAGEH METRYOOS, CITIBANK, N.A.,
`COMMISSIONER OF SOCIAL SERVICES OF THE
`CITY OF NEW YORK SOCIAL SERVICES
`
`DISTRICT,NEW YORK CITY ENVIRONMENTAL
`CONTROL BOARD
`'
`
`Defendants.
`
`VINCENT P. SURICO affirms and says that he is an attorney and
`a member of the firm of De ROSE & SURICO,
`the attorneys for the
`
`Plaintiff herein, and that this action was brought to foreéfbse a
`
`mortgage upon real property known as 199—40 34TH AVENUE, FLUSHING,
`NEW YORK 11358, and by reason of the failure of the Defendant(s),
`NAGEH METRYOOS,
`to pay interest and installments of principal due
`upon the mortgage.
`J
`
`All of the Defendants have been served pursuantflto thé
`
`Civil Practice Law and Rules and that more then twentyTYZUTrdayg
`, _1.| 1m ;
`‘
`except éé“fia the
`have elapsed since service became completed,
`.
`'7‘WWW
`.
`Defendants served pursuant to Section 308(2) or Section 308(4) of
`,
`l‘H‘
`the Civil Practice Law and Rules, more then thirty (30) days have
`
`elapsed since such service became complete. That
`
`the defendantfs)
`
`NAGEH METRYOOS have had mailed to them a copy of the Summons
`
`in
`
`this action pursuant
`=
`affidavit of mailing of said Summons is annexed hereto.
`
`(3j'anfilafi
`J”
`r-
`‘
`'
`"r211
`'~
`J’
`i
`:}
`
`to C.P.L.R. Section 3215
`
`(g)
`
`I
`
`That none of
`
`the individual Defendants are in the
`
`Military Service as defined by the Military Law and the Soldier's
`
`and Sailor's Civil.relief Act and that said defendant(s)yareinof
`\111i
`.J
`' J- }L‘
`;
`infants, absentees, or incompetents to the best of my knoWledge,l
`‘
`1
`
`information or belief.
`
`At
`
`the time of
`
`submission. of
`
`1'
`J
`3i
`the application. 5f' the
`
`
`
`

`

`
`
`appointment of
`
`a Referee to Compute,
`
`:
`‘
`A
`Filly“;
`.
`the usual affirmation of
`
`regularity setting forth all
`
`the
`
`facts with respect
`
`toi
`
`the
`
`proceedings in this action was filed therewith.
`
`Since the filing of said affirmation and the order made‘
`
`thereon, no defendant has appeared, answered or otherwise moved or
`pleaded and the action stands as of this date in the same position
`
`as
`
`it did on aforementioned date with respect
`
`to any defense,
`1.
`.
`1,x.
`
`appearance or motions of any of the parties in this actio“i(p
`‘By an Order of Reference dated June 2, 2017, ALIJNA§MI was
`
`duly appointed Referee to Compute.
`
`The Referee, ALI NAJMI has duly made her/his report ngring
`-.:<:‘; mow 53;?
`
`the date August 24, 2017.
`
`The affidavits on file with the Clerk of
`
`thisHCourt,l
`
`indicate that the individual defendant(s )
`
`in default are hdt H)
`
`military as defined by the Military Law and the Soldier3 and
`Sailor‘ 3 Civil Relief Act,
`and that said defendant(s )“513 not
`
`infants,
`
`incompetents nor absentees.
`This affirmation is made
`
`in support of Plaintuff‘g
`
`application for its reasonable attorney's fees in connectiOn with
`
`the action, as provided for in subject mortgage.
`
`received no other fees in this matter.
`
`This firm has
`
`
`2016 the Plaintiff caused to be7
`delivered to this firm the foreclosure file in this action,this
`
`That on November 6,
`
`firm has taken all proper action necessary to procure a Judgment of
`
`Foreclosure and Sale on behalf of the Plaintiff; includihgibutinog
`
`limited to:
`
`10
`
`- 73“,,
`
`3
`
`
`
`Wx,
`
`.1
`
`‘
`__
`: wilt
`
`1
`
`

`

`* On November 6, 2016, when I received the mortgage file,
`including the mortgage,
`the note and the closing title from the
`
`plaintiff,
`
`I reviewed the file and ordered the mortgage foreclosure
`
`search. Total time spent was 1 and 1/2 hours.
`
`* Upon receipt of the foreclosure search I reviewed the same
`and prepared the
`summons, verified complaint
`and notice of
`pendency, after reviewing same with plaintiff,
`I submitted the
`
`summons, verified complaint and notice of pendency to tfié title
`
`company for continuation and filing in the office of the OUEENS
`. _252(,-;\JiC.-"3 .
`-‘-1
`t
`
`County Clerk. Total time spent 5 hours.
`* After receiving the receipt of filing of the summons;
`
`verified complaint and notice of pendency from the Clerkh8fthe
`County of QUEENS,
`I had copies of
`the summons
`andHHverified
`complaint prepared and submitted same
`to a process Seiver
`an&
`
`investigator and requested serVice on all defendants. SerVice was
`i':
`completed as required.by CPLR. Total time spent including rewiew of
`
`affidavits of service, was 1 hour and 1/2.
`8
`’
`I‘ll?
`* On May 19,2017 I prepared an Order to Appointheferee to
`[1‘2
`compute and submitted same to the Supreme Court Clerk together with
`
`exhibits and Request for Judicial Intervention. Total
`
`was 4 hours.
`
`timespent
`5 '43.?
`‘ “
`z
`1'
`
`“
`
`* Upon receipt of,a conformed copy of the Order of theéHon:
`
`CHEREE BUGGS, appointing ALI NAJMI, as Referee to compute,lefithen
`
`obtained from the plaintiff the figures and data necessary to
`
`compile the Bank's Testimony and the Schedule showing theiamounts
`
`due,
`
`I prepared and submitted same to the Plaintiff for Sigfiéturé
`arm " 339
`j.
`I
`‘.'
`
`1 1
`
`

`

`in the presence of a notary. Total time spent 1/2 hour.
`* On July 13, 2017 I prepared the Referee's Report and Oath
`and Documentary Evidence and submitted the same to the Referee with
`a copy of the Order of reference and summons and verified complaint
`for signature with notary. Total time spent
`3 hours and I/éti
`* Upon receipt of the signed Oath from the Referee I prepared
`Judgment of Foreclosure and Sale and Bill of Costs and this
`
`a
`
`Affirmation of Regularity. Total time spent 3 hours.
`* Review of the signed Judgment; preparation of the Notibé of
`Sale; airanging for publication and posting of the NoticeldeSale
`
`and the Terms of Sale; receiving bidding instructions and appearing
`at the sale; Preparation of the Referee' 8 Deed, Referee' s Report of
`Sale,
`and the transfer tax return are expected to require ad
`additional eighteen (18)
`to twenty (20) hours of time to conclude
`
`this action through sale.
`
`j
`respectfully request an order fining the
`«a
`reasonable value of the legal services of this firm in connection
`
`Therefore,
`
`I
`
`
`with this action at $6,250.00 and directing that said sum be added
`'91)" 2
`
`to the total amount due on the note and mortgage herein.
`
`VThis affirmation is made to accompany the application for
`the Judgment of Foreclosure and Sale together with an additional
`
`allowance,
`
`legal
`
`fees,
`
`and the costs and disbursements of
`
`this
`
`action.
`
`sought.
`
`No previous application has been made for the reliefiherein
`
`
`The undersigned affirms that the foregoing statements are
`
`<=me
`
`.
`
`t
`
`,
`
`'
`
`12
`
`

`

`true, under the penalties of perjury.
`
`
`Dated: Bayside, New York
`August 29, 2017
`
`ENT P. SURICO
`
`
`
`
`
`
`
`l3
`
`

`

`
`
`EXHIBITS
`
`A. Order ofReference
`
`B. Note
`
`Mortgage
`Assignment ‘
`
`C. Summons/Verified Complaint
`Notice ofPendency ofAction
`
`D. Attorney Afiirmation
`
`E. Conformed Copy of Oath ofReferee
`
`

`

`

`

`FILED: OUEENS COUNTY CLERK 06m2017 03:59 PM
`NYSCEF DOC. NO. 15
`_
`
`RE
`
`INDEX NO- ”1183/2017
`Yw‘: 06/06/2017
`
`‘
`
`
`
`.
`
`,
`
`filfifi
`
`At an I.A.s. new, of the
`Supreme Court of the
`fig State of New York, held in
`
`and for the county of
`
`QUEENS at the Courthouse
`located at:
`QUEENS COURTHOUSE
`88-11 SUTPHIN_BOULEVARD
`JAMAICA, NEW YORK 11435
`
`PRESENT- MOHEREEEUQGS
`
`
`HON.
`JUSTICE
`THE BANK OF NEW YORK MELLON FKA THE
`
`BANK OF NEW YORK, AS TRUSTEE (CWALT
`2005—O6CB),
`
`Plaintiff
`
`0“
`
`JUN 0 22017
`
`"
`
`, 2017
`
`.
`
`'
`
`,
`
`Rh»
`
`ORDER OF REFERENCE
`‘
`Index # 701183/2017
`
`~against—
`
`(‘1‘
`NAGEH METRYOOS, CITIBANK, N.A.,
`COMMISSIONER OF SOCIAL SERVICES OF
`
`///r
`
`THE CITY QF NEW YORK SOCIAL SERVICES
`DISTRICT/ NEW YORK CITY
`ENVIRONMENTAL CONTROL BOARD and
`
`"JOHN DOE" #1-10,
`"MARY DOE" #l~10, and "JANE DOE" #1-
`10,
`the names being fictitious,
`their true names being unknown to
`the plaintiff, persons intended
`being persons in possession of
`portions of the premises herein
`described,
`
`Defendants.
`
`UPON the Summons, duly Verified Complaint and Notice of
`
`Pendency of Action all duly filed, and upon reading and filing the
`
`annexed Affirmation of Vincent P. Surico, dated May 19, 2017, and
`
`the annexed Affidavit of Nicole Currey, Supervisor of Bayview Loan
`
`Servicing,
`
`LLC,
`
`servicing agent
`
`and attorney—in—fact
`
`for
`
`the
`
`plaintiff herein,
`
`sworn to on January 19,
`
`2017,
`
`and Power of
`
`Attorney Of THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK
`dated March 9, 2016 and recorded March 21, 2016, The Affidavits of
`Service annexed thereto,
`and on Motion of De ROSE
`&
`SURICO
`
`attorneys for Plaintiff, it is hereby
`
`ORDERED, this action be, and the same is her
`
`
`y ref32;:? td
`
`,Esq. of 89/02» {2%}
`
`
`/l
`WrEelephone
`
`
`
`1 of4
`
`

`

`FILED: OUEENS COUNTY CLERK 061E201? 03:59 PM ,
`NYSCEF DOC. NO. 15,.
`-
`-
`.
`.
`;
`'4'
`
`_
`
`INDEX N0. 701183/2017
`-
`'RECEIVED NYSCEF: 06/06/2017
`
`1..
`
`J." ’.
`
`'
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`

`FILED: OUEENS COUNTY CLERK 061532017 03:59 PM
`NYSCEF DOC. NO. 15
`
`INDEX NO- 701183/2017
`RECEIVED NYSCEF: 06/06/2017
`
`as appointed
`
`feree to ascertain and comt
`
`I
`
`-e the amount due except
`
`for attorney's fees to the Plaintiff for principal,
`
`interest and
`
`other disbursements
`
`advanced as provided for
`
`in the note and
`
`mortgage upon which this action is brought,
`
`and to examine and
`
`report if the mortgaged premises may be sold in separate parcels,
`
`and that
`
`the Referee make his/her report
`
`to the Court with all
`
`convenient speed; and it is further
`
`. ORDERED, that the caption be amended by striking therefrom
`
`the remaining defendants sued herein as "JOHN DOE" #l-IO,'“MAR§.
`
`.
`a
`if
`'
`DOE" #1—10, and "JANE DOE" #lle; and is further
`ORDERED,
`that by accepting this apppintment the'réfereé"
`certifies that he/she is in compliance with Part 36 of the Rulesgof
`the Chief Judge (22 NYCRR Part 36),
`including, but not limited to}
`
`action 36.2 (c)
`
`("Disqualifications from appointment"), and section
`
`36.2 (d)
`
`("Limitations on appointments based upon compensationfif
`
`and itlis further
`
`
`ORDERED that, pusuant to CPLR 8003 (a), a fee of slflffi shall
`'c'
`n
`be paid to the Referee for the computation stage and'upohéthé”
`
`filing of his/her report
`
`
`
`a
`y
`’b r '
`ORDERED ADIUDGED AND DEGREE!) that the Referee shall not be heldW'
`thc paymt ofpenalties or fees pursuam to this appointthent, Pumhaur or my tide comic-II;
`hlred by the. purdmcr shall be responsible f0; any penalties or fees incllmad u a and: of late
`payment ofthe lax u marred by Cxty Administrative Codeil‘) RCNY 23-68“), which requires
`Wm“! "WI 30 days The pm'c'lnacr m hold me am ml.“ rm
`assessed as a mu" ofthe late mymcnt offline mu
`my such Penalties
`
`(A
`
`30f4
`
`

`

`FILED: OUEENS COUNTY CLERK 061E017 03:59 PM
`NYSCEF DOC.. NO.
`,15
`_
`,
`,
`)
`.
`'
`.
`'
`.
`
`INDEX NO- 701183/2017
`RECEIVED NYSCEF: 06/06/2017
`:-
`
`‘
`
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`
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`
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`
`
`
`
`
`
`Prepared by: YVETTE ZAPATA
`
`ORIGINAL _
`NOTE
`
`LOAN #: w
`
`NOVEMBER 05 ,
`[Date]
`
`2 0 04
`
`/
`
`NEW YORK
`/
`[City]
`.
`199-40 34TH AVENUE, FLUSHING/ NY 11358
`[Property Address]
`
`'
`
`NEW YORK
`[State]
`
`1. BORROWER'S PROMISE TO PAY
`
`“
`
`In return for a loan that I have received, I promise to pay U.S. $ 333 , 7 0 0 . 00
`plus interest, to the order of the Lender. The Lender is
`AMERICA ' s WHOLESALE LENDER
`I will make all payments undcr this Note in the form of cash, check or money order.
`I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
`entitled to receive payments under this Note is called the "Note Holder."
`“
`'
`
`(this amount is called "Principal"),
`-
`
`2. INTEREST
`
`Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
`rate of
`6.000 %.
`'
`
`The interest rate required by this Section 2 is the rate I will pay b th before and after any default described in Section 6(B)
`of this Note.
`-
`'
`
`_
`
`3. PAYMENTS
`(A) Time and Place of Payments
`I will pay principal and interest by making a payment every month.
`I will make my monthly payment on the FIRST
`day of each month beginning on
`DECEMBER 01, 2004
`. I will make these payments every month until I have paid all of the principal and interest and
`any other charges described below that I‘may owe under this Note. Each monthly payment will be applied as of its scheduled
`due date and will be applied to interest before Principal. If, on NOVEMBER 0 1 ,
`2 0 3 4
`, I still owe amounts under this
`Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
`'
`I will make my monthly payments at
`.
`'
`P,. 0 . Box 660694 , Dallas, TX 75266-0694
`or at a different place if required by the Note Holder.
`(B) Amount of Monthly Payments
`My monthly payment will be in the amount of U.S. $ 2 , 00 0.7 O
`
`4. BORROWER'S RIGHT TO PREPAY
`
`I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
`"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
`payment as a Prepayment if I have not made all the monthly payments due under the Note.
`I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
`Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment
`to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of
`the Note, IfI make a partial Prepayment. there will be no changes in the due date or in the amount of my monthly payment
`unless the Note Holder agrees in writing to those changes.
`
`5. LOAN CHARGES
`
`If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
`loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
`shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
`me whichexceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
`Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
`as a partial Prepayment.
`
`NEW YORK FIXED RATE NOTE-Single Famlly~Fannie Mae/Freddie Mac UNIFORM lNSTRUMENT
`VMP MORTGAGE FORMS - (800)521v7291
`®®-5N(NY) (ooospn CHL (09/02)(d)
`Pagel of2
`
`was, ‘41 cf
`Form 3233 1/01
`
`‘23991‘
`
`'ooo45 9586000002005N‘
`
`
`
`

`

`
`
`.
`6. BORROWER'S FAILURE TO PAY AS REQUIRED
`(A) Late Charge for Overdue Payments
`calendar
`If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN.
`2 . 0 00 % of my
`days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
`overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
`(B) Default
`'
`If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
`(C) Notice of Default
`.
`
`'LOAN #:
`
`If I am in default, the Note Holder may send me a written notice telling me that ifl do not pay the overdue amount by a
`certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
`the interest thatI owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
`delivered by other means.
`(1)) No Waiver By Note Holder
`Even if, at a,time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
`the Note Holder will still have the right to do so if I am in default at a later time.
`a
`(E) Payment of Note Holder's Costs and Expenses
`If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
`paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
`expenses include, for example, reasonable attomeys' fees.
`
`7. GIVING OF NOTICES
`
`Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
`delivering it or by mailing it by first class mail to me at the Property Address above or at a different address ifI give the Note
`Holder a notice of my different address.
`'
`Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
`class mail to th

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