FILED: QUEENS COUNTY CLERK 10/30/2015 04:15 PM
`FILED: OUEENS COUNTY CLERK 10m2015 04:15 P
`
`NYSCEF DOC. NO. 18
`NYSCEF DOC. NO. 18
`
`INDEX NO. 703202/2013
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`INDEX NO- 703202/2013
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`
`
`
`
`R«.C«.IV«.D \IYSCEF: 10/30/2015
`RECEIVED NYSCEF: 10/30/2015
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ X
`
`COMMUNlTY AMERICA CREDIT UNION/FELT},
`
`Plaintiff,
`
`w against ,
`
`CHANARDAYE ALLI, JANELLE ALLT, DEBRA ALLT,
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`Defendant(s).
`—————————————————————————————————————————— X
`
`lNDEX NO.
`
`703202/2013
`
`
`NOTICE OF MOTEON FOR
`JUDGMENT OF
`
`FORECLOSURE AND
`SALE
`
`Assigned To:
`Hon. SALVATORE J.
`MODICA
`
`PLEASE TAKE NOTlCE that upon the Summons, Verified Complaint and Notice of Pendency
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`duly filed in the Office of the Clerk of the County of QUEENS on August 7, 2013; the Report of
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`Amount Due of GARY M. DARCHE, ESQ, Referee, dated August 26, 2015; the exhibits annexed
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`thereto; upon all prior papers and proceedings, and upon the affirmation of Elan Millhauser, Esq, dated
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`October 30, 2015, and the exhibits annexed thereto, the plaintiff will move this Court, to be held at the
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`Supreme Court, Queens County, 88—11 Sutphin Boulevard, Centralized Motion Part, Court Room 25,
`Jamaica, NY 11435 on the
`$50
`day of iii” { 2% 597/ 2015 at 2:15 o'clock ofthat day or as
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`soon thereafter as counsel can be heard for an Order granting a Judgment of Foreclosure and Sale to
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`Plaintiff, in the form annexed hereto, and for such other and further relief as this Court deems just and
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`proper.
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`PLEASE TAKE FURTHER NOTICE, that answering papers, if any, must be served upon the
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`undersigned within seven (7) days before the return date, pursuant to CPLR Section 2214.
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`Executed on this 30 day ofWOlS
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`Melville, New York
`
`Kozeny, McCubbin & Katz, LLP
`
`
`
`an Millhauser, Esq.
`By:
`Attorneys for Plaintiff
`40 Marcus Drive, Suite 200
`Melville, New York 11747
`(631) 454—8059
`
`7
`
`

`

`CHANARDAYE ALLI
`
`124~O3 SUTTER AVE
`
`SOUTH OZONE PARK, NY 11420
`
`EANELLE ALLE
`
`801 CHERRY M).
`
`WEST PALM BEACH, FL 33409
`
`DEBRA ALLT
`
`124~03 BUTTER AVE
`
`SOUTH OZONE PARK, NY 11420
`
`

`

`of the Supreme
`At an I.A.S. Term Part
`Court of the State of New York held in and for the
`
`County of QUEENS at 8841 Sutphin Boulevard,
`Jamaica, NY 11435 the Courthouse thereof, on the
`mmfiw day ofwflwwwMMMMMMMMM 2015.,
`
`
`PRESENT: HONORABLE SALVA’I‘ORE I. MODECA ESC.
`Justice
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`~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ X
`
`INDEX NO.
`
`COMMUNITY AMERICA CREDIT Ur TIOI‘J/FIILB,
`
`703202/2013
`
`Plaintiff,
`
`JUDGMENT OF
`FORECLOSURE AND
`
`— against —
`
`SALE
`
`CHANARDAYE ALLI, JANELLE ALLI, DEBRA ALLI,
`
`Defendant(s).
`__________________________________________ X
`
`Upon the Notice of Pendency of this action filed in the Office of the Clerk of the County of
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`QUEENS on August 7, 2013, the Summons and Verified Complaint served herein and filed in the
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`Office of the Clerk of the County of QUEENS on August 7, 2013 with proof of due service thereof;
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`Upon the Order of this Court dated June 16, 2015, whereby GARY M. DARCHE, ESQ, was appointed
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`Referee to ascertain and compute the amount due to the plaintiff on the note and mortgage upon which
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`this action is brought and to ascertain and report whether the mortgaged premises can be sold in
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`separate parcels; and upon the various affidavits of service of process, all of which were annexed to and
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`filed with said Order; on all other papers previously filed herein; and upon all proceedings had herein,
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`from all of which it appears that this action was brought to foreclose a mortgage held by plaintiff on
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`real property located at 124-03 Sutter Ave, South Ozone Park, NY 11420, QUEENS COUNTY, that the
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`entire balance of the principal sum secured thereby and all other sums due thereon are now due and
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`payable; that all defendants herein have been duly served with the Summons and Verified Complaint
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`and/or have duly appeared herein;
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`that the time to answer or move with respect to the Verified
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`

`

`Complaint has expired as to each and all of said defendants; that no answer or motion directed to the
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`Verified Complaint or otherwise has been interposed by or on behalf of any defendant; that the time to
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`do so has not been extended by stipulation or otherwise; that each and all of the defendants are in
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`default except those that have appeared herein; however all defendants have received Notice of this
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`application pursuant to CPLR § 3215; that none of the defendants is an infant or incompetent or
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`absentee person and that the Notice of Pendency filed herein has been on file for twenty (20) days or
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`more and contains all of the particulars required by law to be stated in such notice; and
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`On reading and filing the report of said Referee, GARY M. DARCHEa ESQ, dated August 26:
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`2015 from which report it appears that the sum of $311,506.92 was due to plaintiff as of September 3,
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`2015, for principal and interest and otherwise under the note and mortgage set forth and described in
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`the Verified Complaint, and that the mortgaged premises must be sold in a single parcel; and
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`That according to the Affidavits of Service, copy(_ies) of which are annexed hereto, none of the
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`defendant(s) is/are subject to the protective provisions of the Soldiers‘ and Sailors‘ Civil Relief Acts of
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`1940, as amended, and are not subject to the protective provisions of the New York Soldiers' and
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`Sailors‘ Civil ReliefAct; and
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`On reading the affirmations of Corey Robson, Esq., dated March 27, 2014 and Elan Millhauser,
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`Esq. dated October 30, 2015, annexed hereto and now on motion of Kozeny; McCubbin & Katz> LL13,
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`attorneys for the plaintiff; it is
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`ORDERED, that the motion is granted, and it is further;
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`ORDERED, ADJUDG ED AND DECREED that the Notice of Pendency, duly filed with the
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`Clerk of QUEENS County on August 7, 2013, be deemed extended nunc pro tunc through the granting
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`date of the Judgment of Foreclosure and Sale; and it is further
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`ORDERED, ADJUDGED AND DECREED that
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`the said Referee‘s report of GARY M.
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`DARCHE, ESQ, dated August 26, 2015, be? and the same hereby is in all respects, ratified and
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`confirmed; and it is further
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`

`

`ORDERED, ADJUDGED AND DECREED that the mortgaged premises described in the
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`Verified Complaint in this action and hereinafter described be sold in one parcel at public auction to the
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`highest bidder at
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`under
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`the direction of GARY M. DARCHE, ESQ, Counselor-at—Law, who is hereby appointed Referee for
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`that purpose. That said Referee give public notice of the time and place of said sale, according to law
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`and
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`the
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`rules
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`and
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`practices
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`of
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`this
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`Court,
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`by
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`publication
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`in
`
`the
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`
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`That the plaintiff or any other party or parties to this action may become a purchaser at such
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`sale, and that if plaintiff becomes such purchaser no deposit shall be required. That said Referee
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`execute to the purchaser or purchasers on such sale a deed or deeds of the premises sold. All deed
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`stamps, transfer taxes and recording fees, if any, shall be paid by the purchaser. That said Referee on
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`receiving the proceeds of the sale, shall forthwith deposit the same in the name of the Referee, as
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`Referee, with
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`and the Referee shall
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`thereafter make the following payments therefrom and the Referee’s checks drawn for such purpose
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`shall be paid by such depository, to wit:
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`FIRST:
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`The Referee shall pay a sum not to exceed 33
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`,
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`the amount
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`allowed by Section §8003 of the CPLR to the Referee as the Referee’s fee herein.
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`SECOND:
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`The Referee shall pay advertising expenses and the expenses of said sale as
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`shown on the bills presented and certified by the said Referee to be correct.
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`THIRD:
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`The Referee shall pay the amount of any lien or liens upon the premises to be
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`sold at the time of such sale for taxes, assessments, water rates and sewer rents, together with such
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`interest up to the date of payment, together with any and all sums which may be necessary to redeem
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`the property so sold from any and all sales, unpaid taxes, assessments, water rates, and any sums
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`expanded for the protection, preservation, security or maintenance of the property, including, but not
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`

`

`limited to, fire insurance and property inspections. The Referee shall pay or refund to the plaintiff, if
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`paid by it, any of the aforementioned sums.
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`TEQURTH:
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`The Referee
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`shall pay to
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`the plaintiff or his
`
`attorney the
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`sum of
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`33
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`which is hereby awarded to it for costs and disbursements to be taxed by the
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`Clerk of this Court and inserted herein, with interest thereon from the date hereof, together with an
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`extra allowance of $
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`hereby awarded to the plaintiff in addition to costs and disbursements,
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`with interest thereon from the date hereof, and also the sum of $311,506.92,
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`the said amount so
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`reported due as aforesaid, together with interest at the contract rate thereon from September 3, 20l5, to
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`the date of entry of this judgment and thereafter interest at the statutory rate thereon, to the date of the
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`sale directed herein or to the date of the delivery of the Referee’s Deed, whichever is later or so much
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`thereof as the purchase money of the mortgaged premises will pay of the same,
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`together with
`
`39
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`hereby awarded to the plaintiff as reasonable legal fees herein, together with any
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`advances as provided for in the note and mortgage, which plaintiff has made for taxes, insurance,
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`principal and interest and any other charges due to prior mortgages, or to maintain the premises
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`pending consummation of this foreclosure sale, not previously included in the computation and upon
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`presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant
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`to the note and mortgage.
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`FIFTH:
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`That, if such Referee intends to apply for a further allowance for his/her fees,
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`application shall be made to the court therefore upon due notice to those parties entitled thereto.
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`SIXTH:
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`That the said Referee take receipts for the money so paid out by the Referee and
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`file the same with the Referee's report of sale and that the Referee deposit the surplus money, if any,
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`with the Clerk/Treasurer of QUEENS County within five (5) days after the same shall be received and
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`ascertainable, to the credit of this action, to be drawn only on order of this Court, signed by a Justice
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`thereof; and it is further
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`

`

`ORDERED, ADJUDGED AND DECREED that the said Referee make a report of such sale
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`and file it with the Clerk of the County of QUEENS within 30 days of completing the sale and
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`executing the proper conveyance to the purchaser, and that the purchaser or purchasers at such sale be
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`let into possession upon production of the Referee's deed or deeds; that, if the proceeds of such sale be
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`insufficient to pay the amount so reported due to the plaintiff and interest, costs and allowances as
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`aforesaid, said Referee specify the amount of such deficiency in the Referee‘s report of sale; and it is
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`further
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`ORDERED, ADJUDGED AND DECREED that,
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`in case the plaintiff shall become the
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`purchaser of the premises directed to be sold, as aforesaid, or in the event that the rights of the
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`purchaser at said sale, and the terms of sale under this judgment shall be assigned to or acquired by the
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`plaintiff, and a duly executed assignment thereof in writing be filed with the Referee, said Referee shall
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`not require the plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to
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`the plaintiff a deed or deeds of the premises sold, upon payment to the Referee of the amounts specified
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`above in the paragraphs marked "FIRST", "SECOND" and "THIRD”, or in lieu of the payment of the
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`said last mentioned amounts, upon filing with said Referee receipts of the proper municipal authorities
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`showing the payment thereof. That the balance of the amount bid, if any, shall be allowed to the
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`plaintiff, and applied by the paragraph marked "FOURTH“ above. That if, after so applying the balance
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`of the amount paid, there shall be a surplus over and above the amounts due to the plaintiff, the plaintiff
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`shall pay to the said Referee, upon delivery to it of the Referee's deed, the amount of such surplus, and
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`the Referee shall then deposit the balance with such depository as herein directed; and it is further
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`ORDERED, ADJUDGED AND DECREED that the defendants in this action, and all persons
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`claiming under them subsequent to the filing of the notice of the pendency of this action be, and they
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`are forever barred and foreclosed of all right, title, claim, lien and equity of redemption in the said
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`mortgaged premises and in each and every part and parcel thereof.
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`The following is a description of the premises heretofore mentioned:
`
`

`

`(See Schedule “A“ annexed hereto as Exhibit "A”)
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`SAID premises being known as and by the street number Uzi—{)3 Sutter Ave, South Ozone Park,
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`NY H428, and it is further
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`ORDERED, ADJUDGED AND DECREED that, the premises be sold subject to:
`
`(a)
`
`(b)
`
`The state of facts an accurate survey will Show;
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`All covenants, restrictions, easements, agreements and reservations, if any, of record and
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`to any and ali violations thereof;
`
`(0)
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`Any and ali buiiding and zoning regulations,
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`restrictions and ordinances of the
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`municipality in which said premises are situated, and to any Violations of the same, including, but not
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`limited to, reapportionment of lot lines, and vault charges, if any;
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`(d)
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`Any and all orders or requirements issued by any governmental body having jurisdiction
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`against or affecting said premises and violations of the same;
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`(e)
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`The physical condition of any buildings or structure on the premises as of the date of the
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`later to occur of the closing date or the extension of the closing date hereunder;
`
`(f)
`
`(g)
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`(h)
`
`(i)
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`Rights of tenants in possession, if any;
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`Prior mortgages and judgments, if any, now liens of record;
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`Right of Redemption of the United States of America, if any;
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`Rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR
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`Section 5015, if any;
`
`0)
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`Any and all Hazardous Materials in the Premises including, but not
`
`limited to,
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`flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing
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`asbestos, and toxic substances; and
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`(k)
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`Other conditions as set forth in the terms of sale more particularly to be announced at the
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`sale; and it is further
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`

`

`ORDERED, ADJUDGED AND DECREED, that the plaintiff is entitled on proper notice,
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`after saie hereunder, pursuant to the provisions of Section 137l of the Real Property Actions and
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`ilroceedings Law to a judgment against the defendant{s) GHANARDAYE ALLL JANELLE ALLL for
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`such deficiency) if any, to which the Court shah deem the plaintiff to be entitled; and it is further,
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`ORDERED,
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`that by accepting this appointment
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`the referee cettifies that he/she is
`
`in
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`compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
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`limited to, section 36.2(c) (“Disqualifications from appointment”), and section 36.2(d) (“Limitations on
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`appointments based upon compensation”).
`
`ENTER,
`
`
`
`HON. SALVATORE J. MODlCA J.S.C.
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`—————————————————————————————————————————— X
`COMMUNYFY AMERECA CREDi'l‘ UNiON/FHLE,
`
`lNDEX NO.
`7032020013
`
`Plaintiff,
`
`« against ~
`
`AFFIRMATION 0F
`REGULARITY OF
`FORECLOSURE AND
`saris
`
`CHANARDAYE ALLi, JANELLE ALLI, DEBRA ALLl,
`
`Defendant(s).
`__________________________________________ X
`l, Elan Millhauser, Esq. am associated with Kozeny, McCubbin & Katz, LLP, do hereby
`
`affirm under the penalties of perjury:
`
`1.
`
`This action was brought
`
`to foreclose a mortgage covering real property in
`
`QUEENS County, New York, known as and by 124—03 Sutter Ave, South Ozone Park, NY
`
`11420.
`
`2.
`
`On the Affirmation of Corey Robson, Esq., dated March 27, 2014, setting forth all
`
`the proceedings had herein, an Order was entered appointing GARY M.
`regularity of all
`DARCHE, ESQ, to ascertain and compute the amount due to the plaintiff on the note and
`
`mortgage upon which the action is brought and to ascertain and report whether the mortgaged
`premises can be sold in parcels. (A copy of the Order and supporting affirmation are annexed
`
`collectively as Exhibit ”B").
`
`3.
`
`Referee, GARY M. DARCHE, ESQ, computed the amount due plaintiff as set
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`forth in the report annexed as Exhibit ”C".
`
`4.
`
`Annexed as Exhibit
`
`"D“ are non-military affidavits
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`regarding the named
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`defendant(s).
`
`5.
`
`That all parties were served with the Summons and Verified Complaint and no
`
`defendants have interposed an answer and the time to do so has expired. All parties have
`
`

`

`received notice of this Motion for confirmation of the Referee’s Report, and Judgment of
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`Foreclosure and Sale pursuant to CPLR §32l 5.
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`6.
`
`7.
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`'l‘hat no prior application for same or similar relief has been made.
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`That all proceedings hereto had herein have been regular and in accordance with
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`the rules and practice of this Court.
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`8.
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`Your affirmant respectfully requests that the report of the Referee be confirmed
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`and a judgment of foreclosure and sale he entered.
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`Wherefore, it is respectfully requested that the within Judgment of Foreclosure and
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`Sale be granted in its entirety together with such other and further relief as the Court deems just
`
`and proper.
`
`Executed on this I; > day of
`
`Melville, New Yor
`
`(X ngEM ,2015
`
`
`
`Elan Millhauser, Esq.
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`—————————————————————————————————————————— X
`COMMUNlTY AMERICA CREDIT 'UNlON/FHLB,
`
`Plaintiff,
`
`~ against —
`
`ENDEX NO.
`703202/2013
`
`AFFIRMATION IN
`SUPPORT OF
`
`REASONABLE
`ATTORNEYS’ FEES
`
`CHANARDAYE ALLI, JANELLE ALLl, DEBRA ALLi,
`
`Defendant(s).
`__________________________________________ X
`Elan Millhauser, Esq., an attorney duly admitted te practice in the courts of the State of New
`
`York, affirms the following to be true under penalty of perjury:
`
`l.
`
`I am associated with Kozeny, McCubbin & Katz, LLP, the attorneys for the plaintiff in
`
`the above entitled action.
`
`2.
`
`I submit this affirmation in support of that portion of plaintiffs Verified Complaint
`
`seeking recovery by the plaintiff of reasonable attorneys' fees.
`
`3.
`
`That the firm of Kozeny, McCubbin & Katz, LLP, and the attorneys thereof, are not
`
`salaried employees of Plaintiff, and are not “house counsel”. That the fair and reasonable value of the
`
`legal services rendered herein is $1,300.00.
`
`4.
`
`That the legal services rendered herein included, but were not limited to:
`
`a.)
`
`b.)
`
`c.)
`
`d.)
`
`er)
`
`f.)
`
`Received and reviewed bank's file.
`
`Ordered foreclosure certificate.
`
`Reviewed Mortgage Foreclosure Certificate issued by Title Insurance Company.
`
`Prepared Summons, Verified Complaint, Notice of Pendency of action.
`
`Filed Verified Complaint and Notice of Pendency of action with County Clerk.
`
`Forwarded Summons and Verified Complaint to process server for service upon
`
`defendants.
`
`g.)
`
`Reviewed affidavits of service upon defendants.
`
`

`

`h.)
`
`if)
`
`Prepared Order of Reference and Affirmation of Regularity in support thereof.
`
`Prepared proposed referee's oath,
`
`report, abstract of documentary evidence,
`
`statement of computation, plaintiffs deposition and exhibits for referee and delivered same to referee.
`
`j.)
`
`Erepared proposed judgment of foreclosure and sale, affirmation of regularity,
`
`CPLR 3215(g)(3) affidavit, tax costs and disbursements.
`
`5.
`
`Plaintiffs attorneys herein are outside counsel and will actually be paid the amounts
`
`sued for herein as attorneys‘ fees for professional services rendered.
`
`6.
`
`Said attorneys have spent approximately 24 hours time on this matter and estimate an
`
`additional 6 hours will be spent on this matter following the entry of judgment.
`
`7.
`
`That Paragraph "22“ of the Mortgage dated August 8, 2005, specifically allows for
`
`reasonable attorneys” fees in the event of a foreclosure of the subject mortgage, (copies of the Note and
`
`Mortgage are annexed hereto as part of Exhibit "C").
`
`8.
`
`Your affirmant submits that the amount requested for attorneys‘ fees herein, and in the
`
`original Verified Complaint, and which defendant originally agreed in writing to pay, are fair and
`
`reasonable, and requests that the Court allow the amount of $1,300.00 to remain in the judgment as
`
`reasonable attorneys' fees, which attorneys' fees are demanded in the Verified Complaint.
`
`El
`Executed onthis
`Melville, New York
`
`i day of’WZOlS
`
`
`
`Elan
`
`1 lhauser,
`
`sq.
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ X
`
`COMMUN1TY AMERICA CREDIT UNTON/FI‘TLB,
`
`INDEX NO.
`
`703202/2013
`
`P13111011“,
`
`COSTS OF PLAINTIFF
`
`— against ~
`
`CHANARDAYE ALLI, JANELLE ALLT, DEBRA ALLT,
`
`Defenda111{s).
`.......................................... X
`
`COSTS
`: Costs beforenote ofissue
`CPLR §8201 subdl
`‘ Allowance by statute
`‘ CPLR §8302(a)(b)
`Percentage on $200 00 at 10%
`‘ (notexceeding$20000)
`additional $80000 at 5%
`1 (not exceeding$800.00)
`additional $200000 at 2%
`1 (not exceeding $200000)
`‘ additional 55000 00 at 1%
`(not exceeding $5,000 00)
`‘ Allowance by statute
`CPLR §8302(d)
`
`:COSTS
`ngSBURSEMLNrs
`ToiAL
`
`‘ Costs 1axedat
`,2015
`.this
`day of
`
`
`i Clerk
`
`$200.00
`
`1
`
`$20.00
`
`‘
`-
`‘
`1 3340.00
`l
`
`3540.00
`
`1 550.00
`l,
`
`$50.00
`
`
`540000 7
`
`5198579
`52,355.79
`
`DISBbRSLMLNTS
`lee for Index Number CPLR §8018(a)
`l
`Clerk's fee, 111ing noticeofpend.
`: or attach.
`‘ CPLR §8018(e) §8021(A)12
`
`Paid for Searches CPLR §8301(a)10
`
`Serving copy of Summons & Verified Complaint
`CPLR §8011(c)1 §8301(d)
`‘ Fees for Publication
`3CPLR §8301(a)3
`Request for Judicial Interventien
`‘
`
`Paid RefereesReport CPLR §8501(a)12
`7 Motion Costs
`CPLR §8202
`DlSBURShMLR15
`‘
`
`W
`
`7
`
`A
`
`‘
`
`‘ $40000
`1
`2 $35.00
`‘
`
`1' $450.79
`1
`
`$665.00
`
`'
`
`5000
`
`359500
`
`33250.00
`3590.00
`
`:
`
`”30,985.79”
`
`

`

`STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`)
`) ss.:
`
`ATTORNEYS AFFIRMATION
`
`The undersigned, Elan Millhauser, Esq. an attorney admitted to praetiee in the courts of this
`
`state? affirms: that she is associated with the firm Kozeny, McCuhbin & Kati; LLP, the attorney(s) of
`
`record for the plaintiff in the above entitled action; that the foregoing disbursements have been or will
`
`necessarily be made or incurred inthis action and are reasonable in amount and that copies of
`
`documents or papers as charged herein were actually and necessarily obtained for use
`
`The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
`
`Executed on this 30
`Melville, New York
`
`day of (fzgfiiglk
`
`, 2015
`
`
`
`Elan Millhauser, Esq.
`
`

`

`INDEX NO.
`703202/20l3
`
`AFFIDAVIT OF
`MAILING
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`—————————————————————————————————————————— X
`COMMUNITY AMERICA CREDIT UNION/FHLB,
`
`Plaintiff,
`
`, against —
`
`CHANARDAYE ALLI, JANELLE ALLI, DEBRA ALLI,
`
`DefendanKs)
`__________________________________________ X
`
`ss.:
`
`) )
`
`)
`
`STATE OF NEW YORK
`
`COUNTY OF SUFFOLK
`
`I, Janeth Rodriguez, being duly sworn, deposes and says:
`
`I am not a party to the action, am over 18 years of age and reside ingug,
`
`l5,
`
`County,
`
`New York.
`
`I served a copy of the within NOTICE OF MOTION FOR
`On Odflofig 50/;[51‘5/ ,
`JUDGMENT OF FORECLOSURE AND SALE by depositing a true copy thereof enclosed in a post—
`
`paid wrapper, in an official depository under the exclusive care and custody of the US. Postal service
`
`within New York State, addressed to each of the following persons at the last known address set forth
`
`after each name:
`
`CHANARDAYE ALLI
`
`124-03 SUTTER AVE
`SOUTH OZONE PARK, NY ll420
`
`JANELLE ALLI
`
`801 CHERRY RD.
`WEST PALM BEACH, FL 33409
`
`

`

`DEBRA ALLI
`
`124433 SUTTER AVE
`
`SOUTH OZONE PARK, NY 11420
`
`‘2 q
`.
`a
`Executed on this 3/ 9‘
`
`‘ i
`day 01‘ L3L+eb<<J
`
`Sworn to before me on the
`
`
`
`'
`txf!
`fiewflmk
`'
`
`’
`' 1m
`
`E 1,.
`x-«U'isgfiw
`
`
`mfia
`Exam“ mm; @429 3m?
`"1: e avavag-Ivvw :
`
`E
`
`

`

`EXHIBIT A
`
`

`

`Mn
`w
`@2le
`tNSiGHTttTiLe
`
`.,
`h
`\a’lfilllllt’éll’lflilll‘lillli.
`
`
`SCHEDULE A
`DESCRIPTION OF MORTGAGED PREMISES
`
`Title No.1 85805
`
`All that certain plot, piece or parcel of land, situate, lying and being in the Borough and
`County of Queens, City and State of New York, bounded and described as follows:
`
`Beginning at a point on the northerly side of Sutter Avenue, distant 20 feet easterly from
`the corner formed by the intersection of the northerly side of Sutter Avenue with the
`easterly side of 124th Street (Quebec Street)
`
`Running thence northerly parallel with 124th Street, 95 feet;
`
`Thence easterly parallel with Sutter Avenue, 20 feet;
`
`Thence southerly and again parallel with 124th Street, 95 feet to the northerly side of
`Sutter Avenue;
`
`Thence westerly along the northerly side of Sutter Avenue, 20 feet to the point or place of
`Beginning.
`
`

`

`EXHIBIT B
`
`

`

`
`
`.UEENS COUNTY CLERK 08m2015 05:01 PM
`FILED:
`NYSCEF DOC. NO. 16
`
`INDEX NO‘ 703202/2013
`RECEIVED NYSCEF: 08/27/2015
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ :x: WEE}; we,
`
`COMMUNITY AMERKIA CREDET {NEON/FREE,
`
`70320722013
`
`Plaintiff,
`
`— against A
`
`
`NGTECE m; ENTRY ESE
`
`ORDER OF REFERENCE
`
`CH'ANARDAYE ALM, iANELLE All}, DEBRA ALLL
`
`Befendamfis),
`_________________________________________ X
`
`PLEASE TAKE NOTICE that the within is a true copy of the Order of Reference with
`Notice of Entry, duly entered in the office of the clerk of the within named Court on June 26,
`2015.
`
`Executed on this C2 bfday of Z?%flgfl(/:2015
`
`Melville, New York
`
`Kozeny, McCubbin, & Katz. LLP
`
`
`
`40 Marcus Drive, Suite 200
`Melville, New York 11747
`
`(631) 454—8059
`
`CHANARDAYE ALLI
`
`124-03 SUTTER AVE
`
`SOUTH OZONE PARK, NY 11420
`
`JANELLE ALLI
`801 CHERRY RD.
`
`WEST PALM BEACH, FL 33409
`
`DEBRA ALLI
`124—03 SUTTER AVE
`
`SOUTH OZONE PARK, NY 11420
`
`

`

`FILED: QUEENS COUNTY CLERK OGJEEYZOlS 12:01 P'
`.
`NXSCEF ooc. NO.
`'15
`
`INDEX NO. 703202/2013
`..
`RECEIVED NYSCEF: 06/25/2015
`
`SEQQENQE fig
`
`g
`
`W
`
`NewYorkheld inandforthe Countyontteens
`
`At lit Part E? of the Supreme Court oithe State of
`
`at the Courthouse thereof, located at 8841
`Sutfflhin Boulevard, Jamaica, NY l 1435, on the
`‘‘‘‘‘‘‘gm day some”? 2m
`
`PRESENT: HONORABLE: PHYLLIS QFLUG
`Justice ofthe Supreme Court
`......................................... X
`COMMUNITY AMERICA ORE-Di? UNlON/FHLB,
`,
`
`Plaintiff,
`
`~ against _~
`
`ORDER OF REFERENCE
`.
`YNDEX NO.
`703202/2013
`
`CHANARDAYE ALLI, JANELLE ALLI, and “JOHN DOE” and
`E F
`"JANE DOE", the last two names being fictitious, said panties
`in. E) E '
`intended being tenants or occupants, if any, having or claiming an
`,
`interest in, or lien upon the premises described in the complaint,
`JUN 2 6’ 20,5
`.
`COUNTY
`Defendant s .
`CL ~
`.......................()X QUEENSCQififTI‘;
`ON the Summons, Complaint and Notice of Pendency duly filed in this action in the Office of
`/
`the County Clerk of the County of Queens on August 7, 2013, and due proof that all defendants have
`
`been duly served with said process or have voluntarily appeared in this action and
`far“
`Upon reading and filing the Notice of Motion/dated March 27, 2014,
`the affirmation of Corey Robson, Esq. dated March 27, 2014, the afiidavit of Greg Spurgeon, duly
`/,
`
`sworn to March 17, 2014, with exhibits annexed, showing what proceedings have heretofore been had
`herein, and all the papers on file in this action and due elibfiigion having been had thereon and upon
`J éf
`reading and filing the decision ofthe Coun dated
`, ZOIiit is;
`
`'
`
`NOW, upon motion of Kozeny, MeCubbin & Katz, LLP, attorney for the Plaintiff, it is
`
`ORDERED, that the application is granted, Without opposition; and it is further
`_ '7 6’ 00
`7 la” 2493
`
`,of
`i; 70 Q vvn
`[Akd
`
`.
`.
`.
`.
`as Referee to ascertain and compute the amount due to the Plaintiff for pnncx
`
`.
`‘
`1, interest and
`
`l M V
`
`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 {ho Rcifcrqg} c233, hiS/hor room": to (he Coon with aii coizwi‘iicni soccd; and ii is: funhcr
`
`Ordercai {hat the @fcrcohc componsaicd $250 for the computation and ii is fimher
`ORDERED thazvthe caption be amended by substituting DEBRA ALLi, m piacc (33’
`“JOHN DOE and
`JIANE DOE” and by striking Ehcrcfi‘om the rcmaining dcfeodaflms} sued }icrcin as
`”JOHN DOE” and ”J’ANE, DOE", a3 Without prejudicc is the proceedings hcrctofoi‘e zmd heroin; and ii
`is further
`
`ORDERED, that the caption ofthis action shah be ameodcd to read as foiiows:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`
`__________________________________________ X
`
`COMMUNITY AMERICA CREDIT UNION/FHLB,
`
`Plaintiff,
`v against ~
`
`,
`
`CHANARDAYE ALLI, JANELLE ALLI, DEBRA ALLI,
`
`Dcfendanfi's)
`.......................................... X
`
`,and it is further
`
`fiifigyfi
`JUN 259,90};
`900
`'
`*
`
`INDEX NO.
`7032020013
`
`ORDERED, that the Referee appointed herein is subject 10 the requirements ofRuie
`362(0) ofthc Chief Judge, and ifthe Referee is disqualified from receiving an appointment pursuant to
`
`the provisions ofthai Rule, the Referee shall notify the appointing Justice forthwith; and it is further
`
`ORDERED, that a copy of this Order with Notice of Entry shall be served upon the
`
`owner of the: equity of redemption, any tenants named in this action and any other party” entitled to
`notice.
`
`
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ X
`
`VON/ENE}?
`
`3: E "‘Ml: RRA< RM31".?E‘liNlON/FEEER
`
`lNDEX NO‘
`
`703202/20l3
`
`l-‘laintiff,
`
`— against ~
`
`AFFIDAVET OF MAILENO
`
`OF NOTICE OF ENTRY
`
`FOR ORDER OF
`REFERENCE
`
`CHANARDAYE ALLl, JANELLE ALLl, DEBRA ALLl,
`
`Defendanms},
`EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE X
`
`Laura McNeill, being duly sworn, deposes and says:
`
`That i am employed by Kozeny, McCubbin> & Katz, LLP, attorneys for the above—named
`plaintiff, I am not a party to the action, am over the age of 18 years, and reside in Nassau County, NY.
`
`That on
`
`(2513!: 2 Z QZOlf , I served a copy ofthe Order ofReference withNotice of
`
`Entry in the above act" n by depositing a true copy thereof enclosed in a post-paid wrapper, in an
`official depository under the exclusive care and custody of the US. Postal service within New York
`State, addressed to each of the following persons at the last known address set forth after each name:
`
`CHANARDAYE ALLI
`
`124-03 SUTTER AVE
`
`SOUTH OZONE PARK, NY 11420
`
`JANELLE ALLI
`80l CHERRY RD.
`
`WEST PALM BEACH FL 33409
`
`DEBRA ALLl
`l24—03 SUTTER AVE
`
`SOUTH OZONE PARK, NY l1420
`
`Executed on this 0? 2
`
`M
`day of
`
`Sworn
`$2
`
`before m on
`day of
`
`, 2015
`
`NOTARY P
`
`[C
`
`WWA HAJAREE--RAM$ARAR
`
`, 2015
`
`(’
`
`WPubiic. 8mm ofN
`
`Registratien #GZHABZ 647‘s
`maimed Ea WEE: Cébnty
`Cemm‘tsséan Easttea February ta 2%?
`
`York
`
`

`

`Index No. 703202
`
`Year 2013
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS ,
`
`‘ C
`
`OMMUNITY AMERICA CREDIT UNION/FHLB
`
`Plaintiff,
`
`- against -
`CHANARDAYE ALLI, ETAL,
`, Defendants.
`
`
`
`NOTICE OF ENTRYFOR ORDER OF REFERENCE
`Kozeny, McCubbin, & Katz,
`
`
`
`
` Attorneys forPlaintiffs .
`40 Marcus Drive, Suite 200
`Melville, New York 11747
`(631) 454~8059
`'
`Signature Pursuant to Rule 13041.1-a ,
`
`
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ X
`COMMUNITY Ah/IERICA CREDIT UNlON/FHLB,
`
`INDEX NO.
`703202/2013
`
`Plaintiff,
`
`AFFIRNLATION IN
`SUPPORT OF ORDER OF L
`
`w against «
`
`REFERENCE
`
`CHANARDAYE ALLI, IANELLE ALLI, and “JOHN DOE” and
`“JANE DOE”, the last two names being fictitious, said parties
`intended being tenants or occupants, if any, having or claiming an
`interest in, or lien upon the premises described in the complaint,
`
`Defendant(s).
`.......................................... X
`
`Corey Robson, an attorney duly admitted to practice in the courts ofthe State of New York,
`
`affirms the following to be true under penalty of perjury:
`
`I am an associate of KOZENY, MCCUBBIN. & KATZ, LLB, theattorneys for the
`1..
`plaintiffand ant fully familiar with the facts and circufnstances herein.
`V
`i
`i
`
`2.
`
`As is more fully set forth in the Summons and Verified Complaint filed with the Clerk of
`
`the County of QUEENS on August 7, 2013 and Notice of Pendency filed with the Clerk of the County
`
`of QUEENS on August 7, 2013, (See Exhibit "A"), this is an action to foreclose a mortgage on real
`
`property situated in QUEENS County, known as and by street number 12403 SUTTER AVE, SOUTH
`
`OZONE PARK, NY 11420, pursuant to the note and mortgage dated August 8, 2005 made by
`
`CHANARDAYE ALLI, JANELLE ALLI, to COMMUNITYAMERICA CREDIT UNION, which
`
`mortgage was recorded in the Office of the Clerk of County of QUEENSon September 1, 2005, in ‘
`
`CRFN: 2005000491136. Thereafter the mortgage was assigned from COMMUNITYAMERICA
`
`CREDIT UNION to COMMUNITY AMERICA CREDIT UNION/FHLB, by way of an assignment
`
`dated June 13, 2013 and recorded on August 28, 2013 Page in CRFN: 2013000344042 in the Office of
`
`the Clerk of the County of QUEENS. (Copy of the Not