At an IAS Term, Part
`of the Supreme Court of
`the State of New York,
`held in and for the
`
`County of QUEENS,
`Supreme Courthouse;
`located at:
`
`QUEENS COUNTY COURTHOUSEJ
`88—11 SUTPHIN BOULEVARD
`
`JAMAICA, NEW YORK 11435.fl
`
`On the
`
`day of
`
`, 2017
`
`PRESENT:
`HON.
`
`Justice of the Supreme Court
`
`'5”
`BAYVIEW LOAN SERVICING, LLC, A
`DELAWARE LIMITED LIABILITY COMPANY, JUDGMENT OF FORECLOSURE
`AND SALE
`
`a
`—against—
`
`Plaintiff,
`
`SHAZAM HUSAIN, THE UNITED STATES OF
`AMERICA INTERNAL REVENUE SERVICE,
`NEW YORK STATE DEPARTMENT OF
`TAXATION AND FINANCE, AMERICAN
`EXPRESS BANK FSB, CITIBANK, N.A.,
`NYC DEPARTMENT OF FINANCE, NEW YORK
`CITY ENVIRONMENTAL CONTROL BOARD,
`and "JOHN DOE" #1-10,
`"MARY DOE"
`#1—10, and "JANE DOE" #1—10,
`the'
`names being fictitious,
`their true
`names being unknown to plaintiff,
`persons intended being persons in
`possession of portions of the
`premises described in the
`complaint in this action,
`
`Defendants.
`
`.V_m,1
`INDEX NO. 712009/201“‘”*”
`
`COMMERCIAL PROPERTY
`
`‘
`
`:1
`“j
`
`.,
`
`' ON the Summons, Complaint and Notice of Pendency of action
`
`in the Office of
`
`the County Clerk of
`
`the County of Queens on
`
`October 7, 2016 and on all proceedings had thereon; and upon the
`
`affirmation of regularity of Vincent P. Surico, Esq., dated August
`
`16, 2017, with exhibits annexed, showing that all of the Defendants
`
`herein have been duly served within this State with the Summons in
`this action, or have voluntarily appeared by their respective
`
`attorneys; and on the proof of service upon and appearance bytthe
`
`Defendant(s) herein heretofore filed in this action; and stating
`,.('."..,.
`
`
`of the Supreme Court of
`the State of New York,
`held in and for the
`
`County of QUEENS,
`Supreme Courthouse;
`located at:
`
`QUEENS COUNTY COURTHOUSEJ
`88—11 SUTPHIN BOULEVARD
`
`JAMAICA, NEW YORK 11435.fl
`
`On the
`
`day of
`
`, 2017
`
`PRESENT:
`HON.
`
`Justice of the Supreme Court
`
`'5”
`BAYVIEW LOAN SERVICING, LLC, A
`DELAWARE LIMITED LIABILITY COMPANY, JUDGMENT OF FORECLOSURE
`AND SALE
`
`a
`—against—
`
`Plaintiff,
`
`SHAZAM HUSAIN, THE UNITED STATES OF
`AMERICA INTERNAL REVENUE SERVICE,
`NEW YORK STATE DEPARTMENT OF
`TAXATION AND FINANCE, AMERICAN
`EXPRESS BANK FSB, CITIBANK, N.A.,
`NYC DEPARTMENT OF FINANCE, NEW YORK
`CITY ENVIRONMENTAL CONTROL BOARD,
`and "JOHN DOE" #1-10,
`"MARY DOE"
`#1—10, and "JANE DOE" #1—10,
`the'
`names being fictitious,
`their true
`names being unknown to plaintiff,
`persons intended being persons in
`possession of portions of the
`premises described in the
`complaint in this action,
`
`Defendants.
`
`.V_m,1
`INDEX NO. 712009/201“‘”*”
`
`COMMERCIAL PROPERTY
`
`‘
`
`:1
`“j
`
`.,
`
`' ON the Summons, Complaint and Notice of Pendency of action
`
`in the Office of
`
`the County Clerk of
`
`the County of Queens on
`
`October 7, 2016 and on all proceedings had thereon; and upon the
`
`affirmation of regularity of Vincent P. Surico, Esq., dated August
`
`16, 2017, with exhibits annexed, showing that all of the Defendants
`
`herein have been duly served within this State with the Summons in
`this action, or have voluntarily appeared by their respective
`
`attorneys; and on the proof of service upon and appearance bytthe
`
`Defendant(s) herein heretofore filed in this action; and stating
`,.('."..,.
`
`
`
`that more than the legally required number of days haVe efiapSed
`
`since said Defendants were
`
`so served;
`
`and.
`
`that none
`
`of-
`
`the
`
`Defendants has served an Answer to said Complaint and
`
`ON the Order of Reference dated May 3, 2017 appointing RONNl
`GINSBERG as Referee in this action to ascertain and compute the
`
`amount due, and to examine the Plaintiff or its agent under oath as
`to the allegations contained in the Complaint, and to examineand
`
`report Whether the mortgage premises should be sold in one 6% more
`parcels;
`and on reading and filing the Oath and Report of
`the
`
`aforesaid Referee sworn to and dated August 7, 2017,
`it appears
`that the sum of $542,305.68 was due to the Plaintiff, as oféAEgust
`15, 2017, plus per diem interest for every day thereaftenfidh the
`
`date of said report and that the mortgage premises should bé sold
`
`
`in one parcel, and after due deliberation having been thereon; and
`
`upon reading and filing the decision of the Court May 3, 2dl7:
`
`1
`
`ORDERED,
`
`that the motion is granted, without oppositiOn, and
`
`it is further
`
`ORDERED, ADJUDGED,
`
`and DECREED,
`
`that
`
`the report of RONNI
`
`GINSBERG, Esq. dated August 7, 2017, be, and the same is hereby,
`
`in
`
`.,.,\
`-S.;-rw'
`“
`
`all respects, ratified and confirmed; and it is further.
`h
`ORDERED, ADJUDGED, and DECREED,
`that the mortgaged premise;
`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 insalé
`and the costs of
`this action as provided by the Real Property
`Actions and Proceedings
`law be sold,
`in one parcel, at Publid
`
`Auction at the Queens County Supreme Court located at 88—11'SutphinI
`;i
`Boulevard, Jamaica, New York,
`in Courtroom #25 at 10:00 A M ,by;
`
`
`
`
`
`the direction of RONNI GINSBERG, Esq., who is hereby
`and under
`appointed Referee
`for
`that purpose;
`in the
`absencev qfh the
`designated Referee,
`the Court will designate a substitute Referee
`forthwith;
`that said Referee give public notice of the time and
`
`place of such sale in accordance with law, practice of this Court
`and R.P.A.P.L. sec. 231 in
`1
`and that the
`
`Plaintiff or any other parties to this action may become
`the
`purchaSer or purchasers at
`the said sale;
`that
`in this casé[the
`Plaintiff shall become the purchaser at the said sale,
`the§£§hal£
`not be required to make any deposit
`thereon;
`that said Referee
`
`execute to the purchaser or purchasers on such sale a deeaj%% the
`
`premises sold;
`
`that in the event a party other than the‘Plaihtiff
`
`becomes the purchaser or purchases at
`
`such sale,
`
`they shafl be
`
`required to tender a deposit of 10% of the purchase price‘i the
`_)
`certified funds and the closing of title shall be had thirtydays
`bl1-
`after such sale unless otherwise stipulated by all partieévto the
`
`
`sale; and it is further
`
`ORDERED,
`
`that the Referee appointed herein is subject to the
`
`requirements of Rule 36.2(c ) of the Chief Judge, and if the Referee
`
`is disqualified from receiving an appointment pursuant to the
`provisions of that Rule,
`the Referee shall notify the appO§gtin§
`
`Justice forthwith; and it is further
`
`l'-
`‘4‘.“
`
`(“7.11176“)?
`
`-
`
`said Refereefgupeé
`that
`and DECREED,
`ORDERED, ADJUDGED,
`receiving the proceeds of the sale, shall forthwith pay thereform:
`in accordance with their priority according to law,
`the tgxes:
`assessents,
`sewer rents or water rates which are or may becOmé
`liens On the premises at
`the time of sale with such interégt of
`penalties which may have lawfully accrued thereon to thejdaEe of
`
`payment; and it is further
`
`
`ORDERED, ADJUDGED, and DECREED, that said Referee then deb-6516;
`*
`l.
`
`
`
`and balance of said proceeds of sale in his/her own name as Referee
`
`in
`
`g
`
`g
`
`,
`
`and shall
`
`thereafter make,
`
`the
`
`following payments and his/her checks drawn for that purpose shall
`
`be paid by said depository:
`
`‘i
`
`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 Referegqio be
`correct, duplicate copies of which shall be annexed to thé”r§§oré
`
`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_asséSsed{
`
`f
`
`THIRD: Said Referee shall also pay to the Plaintiff’“"i
`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 herein, with
`interest thereon from the date hereof; together with an additional
`
`allowance of
`$
`hereby awarded to the Plaintiff in
`addition to costs, with interest thereon from the date hereof: land
`also the sum of $542,305. 68 the said amount so reported due as
`
`together with interest thereon from.August 15, 2017 the
`aforesaid,
`date interest was calculated to in said report,
`ori so “much
`
`therefore as the purchase money of the mortgaged premises will pay
`of the same,
`together with any advances necessarily paid b§ the
`Plaintiff for taxes,
`fire insurance, principal and interest
`to
`
`prior' mortgages
`
`to preserve and or" maintain.
`
`previously included.
`
`in any computations,
`
`the premises not
`!.1‘:
`[ii
`upon presentation. ofI
`
`
`
`a
`together with;
`receipts for said expenditures to the Referee,
`$
`1,.
`hereby awarded to Plaintiff as reasonableélegal
`fees herein,
`together with any advances as provided for in theinote
`and. mortgage, which Plaintiff has made
`for
`taxes,
`insurance,
`principal
`and
`interest
`and
`any other
`charges
`due
`to prior
`
`mortgages, or to maintain the premises pending consummation ofpthis
`foreclosure sale, not previously included in the computatioh and
`upon presentation of receipts for said expenditures to the Referee;
`all
`together with interest
`thereon pursuant
`to ‘the‘
`fidtét and
`‘
`..
`,,3,
`_.
`mortgage.
`'li“:
`;
`
`a "further
`to apply for
`intends
`such Referee
`If
`FOURTH:
`allowance for his/her fees, he/she may leave upon depoSifiisuch
`amount 'as will cover
`such additional allowance,
`to “awaiiiii
`thd
`further order of this Court
`thereon after application dulyhmade
`upon dde notice to those parties entitled thereof.‘
`ibfififli" fi
`That in case the Plaintiff be the purchaser of said mortgaged
`
`premises at
`
`the sale, or
`
`in the event
`
`that
`
`the rights of
`
`the
`
`purchasers at said and the terms of sale under this judgment ghali
`
`be assigned to and be acquired by the Plaintiff,
`and aFyaiid
`assignment thereof filed with said Referee, said Referee Shgfii Dog
`require the Plaintiff to pay in cash the entire amount bid §fii$aid
`sale, but shall execute and deliver to the Plaintiff, O¥Ei£'é
`assignee, a deed or deeds of the premises sold upon the payméfit td
`said Referee of the amount specified above in items marked_"PlRSTfl
`and "SECOND" and the amounts of the aforesaid taxes, aSsessmentsk
`
`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 mnnipipal
`
`authorities showing payment thereof; that the balance of thefamouné
`
`
`
`
`
`bid, after deducting therefrom the aforesaid amounts paid by the
`
`advertising expenses,‘6taxes;
`fees,
`for Referee's
`plaintiff
`assessments,
`sewer rents and water rates shall be allowed tb the
`Plaintiff and applied by said Referee upon the amounts due to the
`Plaintiff as specified in item marked "THIRD";
`that if after sd
`
`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 the said Referee, upon delivery to Plaintiff ofvsaid
`Referee‘s deed,
`the amount of such surplus; that said Referee??§pon
`receiving said several amounts from the Plaintiff, shall forthwith
`
`pay therefrom said taxes, assessments, sewer rents and water ratesi
`
`with interest and penalties thereon, unless the same haVe‘alEeady
`been paid, and shall then deposit the balance.
`”if?
`f
`The said Referee shall take the receipt of the Plaintiff or
`
`for the amounts paid as directed
`the attorneys for the Plaintiff,
`in the item "THIRD" above, and file it with his/her report of'sale,
`
`if any, with theQueens
`the surplus monies,
`that he/she deposit
`County Clerk within five days after the same shall be received and
`be ascertainable,
`to the credit
`to this action,
`to be Withdrawd
`only on an order of this Court, signed by a Justice of this Court
`The Referee shall make his/her report of
`such sale underfoath
`showing the disposition of the proceeds of the sale and accompanied
`'1'
`‘.\
`51
`,,::v:_,;
`by the vouchers of
`the persons to whom payments were madé; and
`shall file it with the Queens County Clerk within thirty daysmafteé
`completing the sale and executing the proper conveyance tdithé
`purchaser, and that if the proceeds of such sale be insufficieht td
`pay the amount
`reported due to the Plaintiff with interest'and
`costs as aforesaid,
`the said Referee shall specify the amount of
`”5:.
`such deficiency in his/her report of sale; that the Plaintifj_ hall
`recover from the Defendant(s) SHAZAM HUSAIN the whole defiCiency or
`
`
`
`so much
`thereof as
`this Court may determine to be
`juSt
`and
`equitable of the residue of the mortgage debt remaining unsatigfied
`after a sale of the mortgaged premises and the application of the
`
`proceeds thereof, provided a motion for a deficiency judgment Shall
`be made as prescribed by section 1371 of Real Property Actions and
`
`Proceedings Law within the time limited therein, and the amount
`
`thereof is determined and awarded by an order of this Court as
`‘
`‘V H
`q
`1
`.I
`L,
`,1
`provided for in said section; and it is further
`
`,
`
`Juaat131:
`
`fl
`
`ORDERED,
`
`the purchaseQ ‘ofi
`that
`and DECREED,
`ADJUDGED,
`'.-Jwt.sh
`‘
`.
`.
`.
`purchasers at said sale be let into posseSSions on production or
`
`delivery of the Referee's deed or deeds; and it is further”mw '
`
`i
`
`ORDERED, ADJUDGED,
`
`and DECREED,
`
`that each and all 6% the
`
`Defendants in this action and all persons claiming underzthem, of
`
`any or either of them, after the filing of such notice of pendency
`1..
`.1
`,
`Lt
`i'Hi 1"‘igif‘1
`they are hereby forever barred 'and
`forecldsed of all rights, claim,
`lien, title, interest, and equity
`
`be
`
`and
`
`of
`
`this action,
`
`of redemption in said mortgaged premises and each and every part
`
`thereof; and it is further
`
`that said premises isto be
`ORDERED, ADJUDGED, and DECREED,
`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 79f
`thé
`premises would show;
`any covenants,
`restrictions, declaratgons;
`reservations,
`easements,
`rights
`of way
`and public 'Dfiiliti
`
`.
`
`.
`
`.
`
`any, except
`
`agreements of record, if any; any building and zoning ordinances of
`the municipality in which the mortgaged premises is lheateé‘ané
`pOSSible Violations of same; any rights of tenants or persons in
`possessions of the subject premises; prior,
`liens of record ifi- a
`vf
`
`those liens addressed in section 1354 of
`theReal
`
`1'
`
`‘
`
`
`
`
`
`
`
`Tllie Number EAM23115G
`
`.
`
`.
`
`.
`
`Page
`
`1
`
`"WWW D'é'fi‘é‘fiio‘tioh
`
`ALL that certain plot. piece or parcel of land. with the buildings and improvements
`thereon erected. sltuate. lying and being in the Borough of Queens. County of
`Queens and State of New York. bounded and described as follows:
`
`BEGINNING at a point on the southerly side of RockaWey Boulevard. (New Line)
`distant 4030 feet West of 183rd Street;
`
`RUNNiNG THENCE southerly parallel wlth or nearly so with 133rd Street.
`104.25;
`_
`
`THENCE westerly at right angles to the last mentioned course. 20 feet:
`
`THENCE northerly at right angles to the last mentioned course, 106.21 feet and
`part of the distance through a party wall to the southerly side of Roekaway
`Boulevard (New Line); and
`
`THENCE easterly along the said southerly side or Rookewey Boulevard. 20.16
`teat to the point or place at BEGINNING.
`
`
`
`Property Actions and Proceedings Law; any equity of redemption of
`the UNITED STATES OF AMERICA to redeem the premises within lqudays
`from the date of sale; and it is further
`‘
`
`ORDERED, ADJUDGED, and DECREED,
`
`that a copy of this Juddment
`
`with Notice of Entry shall be served upon the owner of the eduity
`of redemption, any tenants named in this action and any other party
`entitled to notice.
`‘
`i
`I
`
`said premises commonly known as 132—18 ROCKAWAY BLVDrJJSOUTfi
`OZONE PARK; N.Y. 11420. A description of said mortgaged premises i;
`
`annexed hereto and made a part hereof as Schedule "A".
`
`f
`
`ENTER:
`
`"“*832
`
`{
`
`Justice of the Supreme Court
`
`JUSTICE SUPREMEfiC'ingg
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`BAYVIEW LOAN SERVICING, LLC, A DELAWARE
`LIMITED LIABILITY COMPANY,
`
`Plaintiff,
`
`AFFIRMATION OF
`REGULARITY
`
`—against-
`
`INDEX # 712009/2016
`
`SHAZAM HUSAIN, THE UNITED STATES OF
`AMERICA INTERNAL REVENUE SERVICE, NEW
`YORK STATE DEPARTMENT OF TAXATION AND
`FINANCE, AMERICAN EXPRESS BANK FSB,
`CITIBANK, N.A., NYC DEPARTMENT OF
`FINANCE, NEW YORK CITY ENVIRONMENTAL
`CONTROL BOARD
`‘
`
`Defendants.
`
`'
`
`I
`“
`
`.
`f“
`
`VINCENT P. SURICO affirms and says that he is an attorney and
`
`a member of the firm of De ROSE & SURICO,
`the attorneys TpT the
`Plaintiff herein, and that this action was brought to foreClose a
`
`mortgage upon real property known as 132-18 ROCKAWAY BLVD.,
`SOUTHW
`OZONE
`PARK, N.Y.
`11420,
`and ‘by
`reason of
`the failure of
`the
`
`to pay interest and installments of
`SHAZAM HUSAIN,
`Defendant(s),
`principal due upon the mortgage.
`II;;I> 1
`All of the Defendants have been served pursuant té'the
`Civil Practice Law and Rules and that more then twenty (20)”daya
`
`have elapsed since service became completed,
`
`except as
`
`tgfth%”
`
`Defendants served pursuant to Section 308(2) or Section 308(4) of
`the Civil Practice Law and Rules, more then thirty (30) days have
`
`elapsed since such service became complete. That the defendant(sf
`SHAZAM RUSAIN have had mailed to them a copy of the Summons_fn:this
`action pursuant to C.P.L.R. Section 3215 (g)
`(3) and an affidavit
`
`of mailing of said Summons is annexed hereto.
`
`the individual Defendants are igithe
`That none of
`Military Service as defined by the Military Law and the Soldier‘s
`
`and Sailor's Civil relief Act and that said defendant(s) are not
`.
`"
`14:1.1'3‘ =‘
`;
`
`
`
`infants, absentees, or incompetents to the best of my knowledge;
`
`information or belief.
`
`At
`
`the time of
`
`submission of
`
`the application of
`
`the
`
`appointment of
`a Referee to Compute,
`the usual affirmation of"
`regularity setting forth all
`the facts with respect
`.fié
`the
`
`proceedings in this action was filed therewith.
`
`Since the filing of said affirmation and the order 533%‘7”va L‘E’ ’.'.
`
`l
`
`[9
`
`thereon, no defendant has appeared, answered or otherwise moved or
`
`pleaded and the action stands as of this date in the same posgtion
`
`as it did on aforementioned date with respect
`
`to any defense,w
`;
`l (33‘,
`’2]
`
`appearance or motions of any of the parties in this action{
`-
`'
`'v‘m
`
`By an Order of Reference dated May 3, 2017, RONNI GINSBERG
`
`158'mag;
`was duly appointed Referee to Compute.
`The Referee, RONNI GINSBERG has duly made her/his repbrt
`we,
`:
`
`bearing the date August 7, 2017.
`_&
`‘
`The affidavits on file with the Clerk of thistburt;
`indicate that the individual defendant(s) in default are not in the
`
`Halitary as defined by the Military Law and the Soldierls and
`Sailor's Civil Relief Act,
`and that said defendant(s) are not
`infants,
`incompetents nor absentees.
`'7;;
`This affirmation is made
`in support of Plaintiff's
`
`application for its reasonable attorney's fees in connectioniwitn
`
`the action, as provided for in subject mortgage.
`
`This firm has
`
`received no other fees in this matter.
`
`10
`
`
`
`That on August 7, 2006 the Plaintiff caused to be delivered
`to this firm the foreclosure file in this action,
`this firm has
`
`taken all proper action necessary to procure a
`
`Judgment of
`
`Foreclosure and Sale on behalf of the Plaintiff; including but not
`
`limited to:
`
`* On August 7, 2006, when I
`
`received the mortgage file,
`
`the note and the closing title from the
`including the mortgage,
`plaintiff, I reviewed the file and ordered the mortgage forecloSure
`.xm
`?
`
`search. Total time spent was 1 and 1/2 hours.
`l
`
`‘
`ll.
`
`* Upon receipt of the foreclosure search I reviewed thetsame
`
`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 theggitlg
`company for continuation and filing in the office of the OfifiENé
`County Clerk. Total time spent 5 hours.
`fly
`
`* After receiving the receipt of filing of the summonsc
`verified complaint and notice of pendency from the Clerk of the
`
`County of QUEENS,
`
`I had copies of
`
`the summons
`
`and verified
`
`complaint prepared and submitted same
`
`to a process servefi and
`mW‘Tl',E
`(”Vii
`investigator and requested service on all defendants. Service was
`
`completed as required by CPLR. Total time spent including'review of
`
`affidavits of service, was 1 hour and 1/2.
`
`* On April 3, 2017 I prepared an Order to Appoint Referee to‘
`
`compute and submitted same to the Supreme Court Clerk togethergwith
`
`11
`
`'3
`
`-
`
`:‘
`
`
`
`exhibits and Request for Judicial Intervention. Total
`
`time spent
`
`was 4 hours.
`
`* Upon receipt of a conformed copy of the Order of the Hon.
`
`ALLEN B. WEISS, appointing RONNI GINSBERG, as Referee to compute;“
`
`I
`
`then obtained from the plaintiff the figures and data necessary
`
`to compile the Bank's Testimony and.
`the Schedule showing the
`amounts due,
`I prepared and submitted same to the Plaintiff;for
`signature in the presence of a notary. Total time spent l/é hour:
`
`* On July 28, 2017 I prepared the Referee's Report and Oath
`
`and Documentary Evidence and submitted.the same to the Referee )with
`.15.
`,4.
`
`a copy of the Order of reference and summons and verified complaint
`
`for signature with notary. Total time spent 3 hours and 1/2.
`-
`”J
`?
`* Upon receipt of the signed Oath from the Referee I prepared
`
`a
`
`Judgment of Foreclosure and Sale and Bill of Costs andjthis
`‘
`
`Affirmation of Regularity. Total time spent 3 hours.
`
`* Review of the signed Judgment; preparation of the Notice of
`
`Sale; arranging for publication and posting of the Notice of18ale
`
`and the Terms of Sale; receiving bidding instructions and appearing
`
`at the sale; Preparation of the Referee's Deed, Referee‘s R§99?3.0§
`
`and the transfer tax return are expected to requirejan
`Sale,
`additional eighteen (18)
`to twenty (20) hours of time to conclude
`
`this action through sale.
`
`Therefore,
`
`I respectfully request an order fixing the-
`
`reasonable value of the legal services of this firm in connection
`.
`,-:
`3
`
`12
`
`
`
`
`
`with this action at $6‘250.00 and directing that said sum be added
`to the total amount due on the note and mortgage herein.
`I
`
`This affirmation is made to accompany the application for
`
`the Judgment of Foreclosure and Sale together with an additional
`
`allowance,
`
`legal
`
`fees,
`
`and the costs and disbursements Qf,thi§
`
`action.
`
`No previous application has been made for the relief¥h§reié
`sought.
`’
`
`The undersigned affirms that the foregoing statements ave
`
`ENT P. SURICO‘y
`,‘I.’
`"l
`.J
`'E
`
`_
`'1’:!K(, ,
`
`ii.‘
`"
`
`i
`
`g.
`
`true, under the penalties of perjury.
`
`Dated: Bayside, New York
`August 16, 2017
`
`13
`
`
`
`
`
`EXHIBITS
`
`A. Order ofReference
`
`B. Note
`
`Mortgage
`Assignment
`
`C. Summons/Verified Complaint
`Notice ofPendency ofAction
`
`D. Attorney Afiirmation
`
`E. Conformed Copy of Oath ofReferee
`1
`
`
`
`
`
`
`
`NYSCEF — Queens County Supreme Court
`
`Confirmation Notice
`
`
`
`This is an automated response for Supreme Court / Court of Claims cases. The NYSCEF site has
`received your electronically filed document(s) for:
`
`BAWIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY - v. - SHAZAM '
`HUSAIN et al
`
`712009I2016
`
`As$igned Judge: Allan B Weiss
`
`‘7 Documents Received on 05/18/2017‘12:46,'EM
`
`Doc #
`17
`
`Document Type
`NOTICE OF ENTRY
`
`Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e)
`
`'Filing User
`
`Name:
`
`VINCENT PELLEGRINO SURICO
`
`. Motion #
`
`if 117' ‘fjJrV-a
`
`Phone #:
`Fax #:
`
`E-mail Address:
`Work Address:
`
`vps@deroseandsurico.com
`21344 38TH AVE
`BAYSIDE, NY 11361
`
`E-mail'Notifications
`
`7
`
`An e-mail: notification regarding this filing has been sent to the following address(es) on
`05/18/2017 12:46 PM:
`
`SCHWARTZ, BETH PATRICIA - beth.schwartz@usdoj.gov
`
`SURICO, VINCENT PELLEGRINO - vps@deroseandsurico.com
`
`NOTE: ”submitting a working copy of this filing to the court, you must include
`as a notification page firmly affixed thereto a copy of this Confirmation Notice.
`
`Audrey I. Pheffer, Queens County Clerk and Clerk of the Supreme Court - apheffer@nycourts.gov
`
`Phone: 718-298-0173, 718-298-0601 Website: https://www.nycourts.gov/COURTS/11jd/queensclerk
`
`NYSCEF Resource Center - EFile@nycourts.gov
`Phone: (646) 386-3033
`Fax: (212) 401-9146 Website: www.nycourts.gov/efile
`
`Pagel of 1
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`
`BAYVIEW LOAN SERVICING, LLC, A DELAWARE
`LIMITED LIABILITY COMPANY,
`
`INDEX NO. 712009/2016
`
`Plaintiff'
`
`.
`—against—
`
`NOTICE OF ENTRY
`OF ORDER OF REFERENCE
`
`SHAZAM HUSAIN, THE UNITED STATES OF
`AMERICA INTERNAL REVENUE SERVICE, NEW
`YORK STATE DEPARTMENT OF TAXATION AND
`
`FINANCE, AMERICAN EXPRESS BANK FSB,
`CITIBANK, N.A., NYC DEPARTMENT OF
`FINANCE, NEW YORK CITY ENVIRONMENTAL
`CONTROL BOARD,-
`-
`
`Defendantgsz
`
`PLEASE TAKE NOTICE,
`
`that
`
`the within is a true copy of a ORDER OF
`
`REFERENCE entered in the Office of the Clerk of the within named Court on
`
`or about May 12, 2017.
`
`DATED: May 16, 2017
`Bayside, New York
`
`
`
`NT P. SURICO
`
`1
`
`‘
`
`J»?
`wROSE & SURICO
`‘ttorney for Plaintiff W)
`213—44 38th Avenue
`
`Bayside, New York
`(718) 279—2000
`
`
`
`FILED: OUEENS COUNTY CLERK 051112017 03:57 PM
`NYSCEFiDOC. NO. 16
`'
`I
`
`INDEX NO- “2009/2016
`RECEIVED NYSCEF: 05/12/2017
`
`
`
`pA/fl
`
`At an I.A.S. Term Part __,
`of the Supreme Court Of
`the State of New York,
`held in and for the county
`of QUEENS at the
`Courthouse located at:
`
`_
`
`i
`'
`
`.
`
`QUEENS COUNTY COURTHOUSE
`88—11 SUTPHIN BOULEVARDV33”“
`JAMAICA, NEW YORK 11435
`
`‘
`
`fig
`
`PRESENT:
`
`HON,
`
`MOMMLAN Ewe“
`,gUSTICE
`
`On M97 3
`
`,
`
`, 2017 .
`.
`-137lif{1
`
`,
`
`,
`
`fi
`
`BAYVIEW LOAN SERVICING, LLC, A
`DELAWARE LIMITED LIABILITY COMPANY,
`Plaintiff.
`
`-against~
`
`“i“:
`
`.I,H‘
`
`SHAZAM HUSAIN, THE UNITED STATES OF
`AMERICA INTERNAL REVENUE SERVICE,
`NEW YORK STATE DEPARTMENT OF
`
`ORDER OF REFERENCE /’ gr
`Ant-{waxAé/V‘T
`Index # 712009/2016
`
`3‘
`”fixim‘.
`
`TAXATION AND FINANCE, AMERICAN
`EXPRESS BANK FSB, CITIBANK, N.A.,
`NYC DEPARTMENT OF FINANCE, NEW YORK
`CITY ENVIRONMENTAL CONTROL BOARD andCOMMERCIAL PR°PERTY
`' "JOHN DOE" #1~10,
`"MARY DOE" #1~10,
`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
`
`3."7{A
`_
`FILED&RECORDED
`f.,
`
`MAY 1220f?
`COUNTYOLERK
`QUEENS COUNTY
`
`‘65
`
`1
`“
`
`iUPON the Summons, duly Verified Complaint and Notij‘c'esuohf
`Pendency of Action all duly filed, and upon reading and filing the
`annexed Affirmation of Vincent P. Surico, dated April 3, 2q17,.ahd
`
`‘
`*
`;
`
`the annexed Affidavit of Nicole Currey, Supervisor of Bayview Loan
`Serviping,
`LLC,
`servicing agent
`and attorney—in—fact
`for
`the‘
`
`and ,the
`2016,
`30,
`to on September
`sworn
`plaintiff herein,
`Affidavits of Service and Notice of Appearance and Waiver annexed
`thereto,
`and on Motion of De ROSE
`&
`SURICO,
`attorneys; TEE
`
`Plaintiff, it is hereby
`
`,
`
`ORDERED, that the motion is hereby granted; and it is further
`
`lof3
`
`
`
`FILED: OUEENS COUNTY CLERK 05m2017 03:57 PM
`NYSCEE DOC. NO. 16
`,
`‘
`‘
`.
`i
`¢
`
`i
`.
`INDEX NO- 712-9099/20163:
`RECEIVED NYSCEF: 05/12/2017fi
`_
`
`ORDERED, that the names of the defendants herein sued as-
`
`"JOHN DOE" #2,
`
`4—10,
`
`"MARY DOE" #1—10, and "JANE DOE" #2-10, are
`
`unnecessary parties to these proceedings and I hereby request that
`
`they be dropped as party defendants herein and that the name
`
`
`
`
`"JANE DOE" #2-10, be stricken
`nm these proceedings and
`II
`n
`n
`
`O V) \OF
`JOHN DOE
`#1 and 3 and
`JANEWDOE
`ER JACKSON,
`SIGNATURE PROPERTY MANAGEMENT,
`Pr)" 4‘
`
`d all papers .- amended accordingly Without prejudice‘to
`Qfik
`
`'
`
`n
`
`the Mortgaged premises may be sold in separate parcels, and the
`
`ReferEe.complete his report to the Court with all convenient speed;
`LV;”21
`the referee”
`
`I
`and it is further
`ORDERED,
`that by aCCepting this appointment
`
`certifies that he/she is in Compliance with Part 36 of the Rules of
`
`the Chief Judge (22 NYCRR Part 36),
`
`including but not limited to,
`
`action 36.2 (c)
`
`("Disqualifications from appointment"), and sectibn
`
`' 36.2 (d)
`
`("Limitations on appointments based upon compensation“)
`
`and it is further
`
`ORDERED, that pursuant to CPLR 8003(a),
`
`(the s atutory feeof
`
`$80799+—(In the discretion of the court fee 0
`
`paid to the Referee for the computation stage an
`
`vpen the filing
`
`20f3
`
`
`(If/
`(L
`
`i
`
`the proceedings had herein.
`,Esq of_._;.1,«4;.,
`ORDERED,
`that ROAM)! GINS 3979-5:
`if:
`93 /
`-
`,
`90 015716- CUUWD 8‘) 3!!!
`Telephone& 1'7 l
`.
`gluon/Iva 70% NV WW}
`e and he hereby is appointed Referee to ascertain and compute. the
`amount due except for attorney' 3 fees to the Plaintiff on ts§;36£a
`and mortgage upon which this action is brought, and to report if
`
`
`
`
`
`
`
`FILED: UEENS COUNTY CLERK 051112017 03:57 PM
`NYSCEF "DOC. NQ. 16
`.
`3'0
`
`INDEX N0. 7129059/2016
`RECEIVED NYSCEF:
`,05ZlZ/2017'.
`
`
`~fin~=a;:—-<~m::a,..~::rir:nwr
`
`\.r,_;.;nm~%:&<m9}lxfl:i:r'vg‘
`
`«new;gum—2:15;:
`
`.
`12'
`
`of his/her report; and it is further
`
`ORDERED,
`
`that
`
`the Referee is prohibited from accepting-or
`
`retaining any funds for him\herself or paying funds to him\herself
`
`cgmpliance with. Part
`without
`,2
`.
`.1
`Administrative Judge
`
`36 of
`
`the Rules of
`
`the Chief
`.
`
`fi I
`
`ENTER :
`
`
`
`‘
`
`ORDERED, ADRIDGFDm DEC}!33.21). am the Bethe: mu not be held mama fin
`the pa}mz=1;ofs»:r:altics or fess pursmn: to this. '9p‘ain
`.
`.
`'
`Emmi, Purchaser or
`title
`fund 11,- tew. purchaser shall he teaponsiblc for an: pcrmlfibs «mummy; "worm
`payment 01: my :23. a.» mluimi by City Adminigb‘sfive Code l9‘RCNY 23-68(a'u'vhiéh mqulmé' C LEQK
`[31)an mam: 30 days. Tm purchaser shall hold the Refcmehmnlcss flow my’sud: Witt
`assessed :5 {I'msfiit .55 the in payment of that taxes,
`'
`'
`"
`‘
`
`
`
`MAY 1 2 2017
`
`ENTERED
`
`FILED & RECdRDED
`
`
`1 21017-
`MA '
`
`
`COUNTY CLERIS U
`
`ouseuscouuxv
`
`fi‘éfi‘é‘fi‘ffii‘v
`
`
`
`
`
`3of3
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`BAYVIEW LOAN SERVICING, LLC, A DELAWARE
`
`LIMITED LIABILITY COMPANY,
`Plaintiff,
`
`INDEX NO. 712009/2016
`
`—against-
`
`AFFIDAVIT OF SERVICE
`
`SHAZAM HUSAIN; et al.,
`
`Defendantgsz
`
`STATE OF NEW YORK)
`COUNTY OF QUEENS )
`
`SS:
`
`Elizabeth John, being duly sworn, deposes and says:
`That deponent is not a part to this action and is over eighteen
`(18) years and resides at 213—44 38th Avenue, Bayside, N.Y.
`
`That on May 18, 2017, deponent served a copy of the Notice of Entry
`for Order of Reference upon the following attorney(s)
`for the following
`defendants in this action:
`
`
`
`3
`
`SHAZAM HUSAIN
`10 SOUTH DRIVE
`
`BALDWIN, NEW YORK 11510
`
`BETH P. SCHWARTZ, ESQ.
`
`ATTORNEY FOR DEFENDANT, UNITED STATES OF AMERICA
`271 CADMAN PLAZA EAST
`‘
`
`BROOKLYN, NEW YORK 11201
`
`RONNI GINSBERG, ESQ.
`40 OAKWOOD RD.,
`3N
`HUNTINGTON, NEW YORK 11743
`
`PETER JACKSON S/H/A JOHN DOE #1
`
`2ND FLOOR
`132—18 ROCKAWAY BLVD.,
`SOUTH OZONE PARK, N.Y. 11420
`
`SIGNATURE PROPERTY MANAGEMENT S/H/A JOHN DOE #3
`132—18 ROCKAWAY BLVD.,
`lST FLOOR
`SOUTH OZONE PARK, N.Y. 11420
`
`NICOLE S/H/A JANE DOE #1
`132-18 ROCKAWAY BLVD.,
`2ND FLOOR
`SOUTH OZONE PARK, N.Y. 11420
`
`‘
`'»%R
`
`‘
`
`§
`-
`
`~
`
`,'
`
`1
`:
`
`.
`
`5
`
`for that purpose by
`said address being designated by said attorney(s)
`depositing a true copy of same enclosed in a post paid properly addressed
`wrapper in an Official depository under the exclusive care and custody of
`the United states Post Office Department within the
`tate of New York.
`
` Elizabeth ohn
`
`Sworn to before me on
`
`Ma y
`8 I
`2 O 1 7
`
` NOTARY PUBLIC
`
`ZAK
`'m.
`NNCHE
`-
`Notary Psblic, State Of New York
`N o. 01CH6034224
`QuaIified Ir} Queens County
`
`/-7/
`
`
`
`Index No. 712009/2016
`
`Year — 20
`
`SUPREME COURT OF THE STATE OF NEW YORK:
`
`COUNTY OF QUEENS:
`
`BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY,
`PLAINTIFF,
`-AGAINST—
`
`SHAZAM HUSAIN,
`
`THE UNITED STATES OF AMERICA INTERNAL REVENUE
`
`TAXATION AND FINANCE,
`NEW YORK STATE DEPARTMENT OF
`SERVICE,
`AMERICAN EXPRESS BANK FSB, CITIBANK, N.A.,
`NYC DEPARTMENT OF
`FINANCE, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, and "JOHN DOE"
`#1—10,
`"MARY DOE"
`#1—10,
`and "JANE DOE"
`#1—10,
`the name being
`fictitious,
`their true names being unknown to plaintiff, persons
`intended being persons in possession of portions of the premises
`described in the complaint in this action,
`-
`DEFENDANTS.
`
`NOTICE OF ENTRY OF ORDER OF REFERENCE
`
`'ffi“
`
`
`
`DeROSE & SURICO
`Attorneys for Plaintiff
`213—44 38th Avenue
`Bayside, New York 11361
`(718) 279—2000
`Fax (718) 279—2048
`
`the undersigned, an attorney admitted to practice inr
`Pursuant to 22 NYCCR 130—1.1a,
`the courts of New York State, certifies that, upon information and belief_and
`reasonable inquiry,
`(1)
`the contentions contained in the annexed document are n65
`
`frivolous and that
`(2)if the annexed document is an initialing leading,
`(i)
`the
`matter was not obtained through illegal conduct, of that if it
`as,
`the attorney or
`the persons responsible for the illegal conduct are not part'
`ipating in the matter
`or sharing in any fee earned therefrom.and that (ii)if the
`ter involves potential
`claims for personal
`injury or wrongful deat
`,
`er was not obtained in
`violation of 22 NYCRR 1200.41—a.
`
`
`
`
`Dated: May 16, 2017
`v
`
`
`Signature ..........................
`
`
`Vincent P. Surico, Esq.
`
`Signer's Na
`
`5w?
`
`
`
`
`
`ADJUSTABLE RATE PROMISSORY NOTE
`
`{NEW YORK}
`
`$502,500.00
`
`DATE: August 7, 2006
`
`MATURES: September 1, 202]
`
`FOR VALUE RECEIVED, Shazam Husain, as maker, whose address is 121-12 133rd Street, South
`Ozone Park, NY 11420 (the "Borrower"), hereby unconditionally, jointly and severally (if more than
`one), promises to pay to the order of Metwest Commercial Lender, Inc., A California Corporation as
`payee, having an address at 13191 Crossroads Pkwy, N #275, City of Industry, CA 91746 (the
`"Lender“), or at such other place as the holder hereof may from time to time designate in writing, the
`principal sum of Five Hundred Two Thousand Five Hundred and No/lOO Dollars ($502,500.00), in
`lawful money of the United States of America with interest thereon to be computed from the date of
`this Promissory Note ("Note") at the Applicable Interest Rate (defined below) in accordance with the
`terms of this Note.
`
`1. ADJUSTABLE INTEREST. Interest on the unpaid principal balance due hereunder shall accrue
`at an initial interest rate equal to Twelve And Seven Eighths Percent (12.875%) per annum (the
`"Applicable Interest Rate“). Thereafter the Applicable Interest Rate will be adjusted as follows:
`on a date which is twenty-four (24) months from the first day of the first calendar month
`preceding the initial Payment Date (defined below), and thereafter on a date six (6) months from
`the previous change date (each, a "Change Date"),
`the Applicable Interest Rate will adjust to
`refl
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