Federal National Mortgage Association Fannie Mae, a corporation organized and existing under the laws of the United States of America v. Theresa Cobbs et al, 507382/2014, 65 (N.Y. Sup. Ct., Kings Coun (2024)

law Offices of
`‘
`l
`'
`,
`.
`.
`-
`v
`-
`r
`‘
`r
`V
`Shapn o, DICdJ o & Bdl alt, LLC
`I75 Mile (‘mssiuu Boulevard
`Rochester, New York 116211
`(585) 247.9000
`FAX (.733) 217-738“
`
`July M , 2017
`
`Hon. Noach Dear, J.S.C.
`
`Kings County Courthouse
`360 Adams Street
`
`Brooklyn, NY 1 1201
`
`RE:
`
`Federai National Mortgage Association ("Fannie Mae '9, a corporation organized and existing under the
`laws of the United States ofAmerica vs. Theresa Cobbs, er a].
`Index No.: 50 7382/2014
`Oar File Number: 14—035 776
`
`Dear Justice Dear:
`
`Our office represents the Plaintiff in the above-referenced foreclosure action.
`
`1 am writing to follow up on the Court‘s Long Form Order with respe=ct to Plaintiff‘s Motion for Summary Judgment in this
`action, which was orally granted at an appearance on July 22, 2015 (Motion Seq. 001), where we were directed by the Court to
`submit a Settle Order on Notice. Our office complied with said directive, however, to date, the formal Long Fonn Order
`appointing the referee has still not been entered. A copy of the filed Notice of Settlement is enclosed herewith.
`
`Our office kindly requests that this matter be reviewed as soon as possible by the Conn. [f Plaintiff's Long Form Order has been
`misplaced, enclosed herewith is a new Proposed Long Form Order for the Court to sign and enter.
`
`Thank you for your consideration in this matter. Should you wish to discuss this matter further and/or need additional
`information with respect to same, please feel free to contact the undersigned.
`
`Respectfully Submitted,
`
`Jasongenisio, ésq
`
`Associate Attorney
`
`cc:
`
`Theresa Cobbs
`
`44 Georgetown Lane
`Brooklyn, NY 11234
`
`Hon. Mark Partnow, J.S.C.
`
`Kings County Courthouse
`360 Adams Street
`
`Brooklyn, NY 11201
`
`Abraham Hoschander, Esq
`777 Kent Avenue, Suite 202
`Brooklyn, NY 11205
`
`.-\'l'l'( )RNICYS .\'l' I..-\\-\'
`
`Jason Diminisio. .‘\ssm'intt‘ Attorney
`
`l)il‘c<'t {585) 770-21117
`
`jrlitutisin‘i-‘ilnnsn'oni
`
`1.0V“ lH];\N])(Jl-'I-'IL‘1-
`
`()m- limnnnaun Qllfltllflnglt‘. Sunt- “V0.7
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`
`{AX tlillt'l Kl 141-723
`
`

`

`of the Supreme Court of the
`At Part
`State of New York held in and for the
`
`County of Kings at the Courthouse thereof,
`located at, 360 Adams Street, Brooklyn, NY
`11201,on
`,2017.
`
`Present:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`Federal National Mortgage Association ("Fannie Mae"), a
`corporation organized and existing under the laws of the
`United States of America,
`
`SUMMARY/DEFAULT
`JUDGMENT AND ORDER
`OF REFERENCE
`
`ORDER GRANTING
`
`Plaintiff,
`
`Index No. 507382/2014
`
`-against-
`
`Theresa Cobbs; Lewis Avenue Realty Management 111, Inc.;
`City of New York Enviromnental Control Board; City of
`New York Parking Violations Bureau; City of New York
`Transit Adjudication Bureau; State of New York, and
`“JOHN DOE”, said name being fictitious, it being the
`intention of Plaintiff to designate any and all occupants of
`premises being foreclosed herein, and any parties,
`corporations or entities, if any, having or claiming an interest
`or lien upon the mortgaged premises,
`Defendants.
`
`
`On reading the (i) Notice of Motion dated April 28, 2015, to dismiss the Answer, drop
`
`Defendants, amend title and appoint a referee to compute, filed by Federal National Mortgage
`
`Association ("Fannie Mae"), a corporation organized and existing under the laws of the United
`
`States of America the Plaintiff herein, (ii) the Plaintiff‘s Affidavit in Support thereof dated
`
`January 16, 2015 and (iii) the Affirmation, dated April 28, 2015, of Alexander Phengsiaroun,
`
`Esq. of Shapiro, DiCaro & Barak, LLC, theattomeys for Plaintiff; and on all the pleadings,
`
`papers and proceedings heretofore had herein; and the Plaintiff‘s Motion having come on to be
`
`14-035776
`
`

`

`heard before this Court on July 22, 2015; and due deliberation having been had on all the issues
`
`and matters raised therein; it is
`
`ORDERED, that the Answer of Defendant, Lewis Avenue Realty Management 111, Inc.,
`
`be stricken and dismissed and the appearance of such Defendant be limited to a notice of
`
`appearance and waiver of service of all papers and of notices of all proceedings in said action
`
`except copy of Referee's Oath and Report of Amount Due, copy of Judgment of Foreclosure and
`
`Sale, Notice of Entry of Judgment, Notice of Sale, copy of Referee's Report of Sale, and notice
`
`of proceedings to obtain surplus moneys; and it is further
`
`ORDERED, that
`
`, Esq. with an address of
`
`
`
`
`
`is hereby appointed as Referee to ascertain and compute the amount due except for attorney’s
`
`fees upon the Bond/Note and Mortgage upon which this action was brought, to examine and
`
`report whether the mortgaged premises (Block 8076 Lot 19) as further described in the Complaint
`
`in this action and hereinafter described, should be sold in one or more parcels, and that the
`
`Referee make his/her report no later than 60 days of the date of this order and that, except for
`
`good cause shown, the Plaintiff shall move for judgment no later than 60 days of the date of the
`
`Referee’s report; and it is further
`
`ORDERED, that, if required, the Referee take testimony pursuant to RPAPL § 1321; and
`
`it is further
`
`ORDERED, that by accepting this appointment the referee certifies that he/she is in
`
`compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
`
`14-035776
`
`

`

`limited to,
`
`section 36.2(c)
`
`("Disqualifications from appointment"), and section 36.2 ((1)
`
`("Limitations on appointments based upon compensation"); and it is further
`
`ORDERED, that the caption of this action be amended by substituting Richard Lyons,
`
`Cheryl Mitchell, Richard Lyons, Jr., Alvaro Romero, Kathy Hackney, Luis Ramos and Carmen
`
`Ramos in place of “John Doe”, as necessary parties, who were served with a copy of the
`
`Summons and Complaint without prejudice to the proceedings heretofore had herein; and it is
`
`further
`
`ORDERED, that the caption of this action, as amended, shall read as follows:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`Federal National Mortgage Association ("Fannie Mae"), a
`corporation organized and existing under the laws of the
`United States of America,
`
`-against-
`
`Plaintiff,
`
`Index No. 5073 82/2014
`
`Theresa Cobbs; Lewis Avenue Realty Management 111, Inc.;
`City of New York Environmental Control Board; City of
`New York Parking Violations Bureau; City of New York
`Transit Adjudication Bureau; State of New York; Richard
`Lyons; Cheryl Mitchell; Richard Lyons, Jr.; Kathy Hackney;
`Luis Ramos; Carmen Ramos,
`
`Defendants.
`
`
`and it is further
`
`ORDERED, that a default judgment in favor of the Plaintiff and against all of the non-
`
`answering Defendants is granted as to all of the facts and issues described in the Plaintiff’s
`
`Complaint herein; and it is further
`
`14-035776
`
`

`

`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 parties
`
`entitled to notice; and it is further
`
`ORDERED, that pursuant to CPLR 8003(a)(the statutory fee of $50.00)(in the discretion
`
`of the Court, a fee of $
`
`), shall be paid to the Referee for the Computation Stage and upon
`
`the filing of his/her report; and it is further
`
`ORDERED, that the Referee appointed herein is subject to the requirements of Rule
`
`362(0) 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 Appointing Judge forthwith.
`
`ENTER,
`
`Attorney certification pursuant
`to 22NYCRR§130-l.l-a
`is affixed to inside cover.
`
`14-035776
`
`

`

`ATTORNEY'S CERTIFICATION
`
`1, Jason Dionisio, am an attorney duly admitted to the practice of law in the State of New
`
`York.
`
`I am an associate of Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff,
`
`Federal National Mortgage Association ("Fannie Mac"), a corporation organized and existing
`
`under the laws of the United States of America, in the above captioned civil action.
`
`I HEREBY CERTIFY, pursuant to § 130-1.1-a ofthe Rules ofthe Chief Administrator
`
`(22 NYCRR), to the best of my knowledge, infonnation and belief, formed after an inquiry
`
`reasonable under the circ*mstances, that the presentation of the papers in this action checked
`
`below, or the contentions therein, are not frivolous as defined in subsection (c) of § 130-1.1 of
`
`the Rules ofthe ChiefAdministrator (22 NYCRR):
`
`{
`
`{
`
`{
`
`}
`
`}
`
`}
`
`Summons & Complaint
`
`Answer or Reply
`
`Attorney‘s Affirmation
`
`{X}
`
`Other: Order Granting Summary Judgment and Order of Reference
`
` ionisio, Esq.
`
`Associate Attorney
`SHAPIRO, DICARO & BARAK, LLC
`Attorneys for Plaintiff
`175 Mile Crossing Boulevard
`Rochester, NY 14624
`
`(585) 247-9000
`Fax: (585) 247-7380
`
`
`DATED: July 1‘!
`
`,2017
`
`14-035776
`
`

`

`NYSCEF - Kings 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:
`
`Federal National Mortgage Association Fannie Mae, a corporation organized and existing under the
`laws of the United States of America - v. - Theresa Cobbs et al
`
`507382I2014
`
`Assigned Judge: DEAR-FOR.RESOLUTION PT 1
`
`Documents Received on 08/14/2015 01:27 PM
`
`Doc #
`59
`
`Document Type
`NOTICE OF SETTLEMENT WIPROPOSED JDGMT/COUNTER
`JDGMT
`
`Motion #
`1
`
`Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e)
`
`60
`
`AFFIDAVIT
`
`1
`
`Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e)
`
`Filing User
`
`«Name:
`
`JOHN A DI CARO
`
`Phone #:
`
`585-247-9000
`
`E-mail Address:
`
`ROCe-filing@logs.com
`
`Fax #:
`
`Work Address:
`
`175 Mile Crossing Blvd.
`Rochester, NY 14624
`
`Authorized Agent
`
`Name:
`
`Arlene Nelson
`
`Phone #: 631-981-4400
`
`E-mail Address:
`
`efiIe@nationwidecourtservice.com
`
`Fax #:
`
`Firm/Business Name: Natlonwlde Court Servlces. Inc.
`
`Work Address:
`
`761 Koehler Avenue
`Suite A
`Ronkonkoma, NY 11779
`
`______—_____________————
`
`Hon. Nancy T. Sunshine, Kings County Clerk and Clerk of the Supreme Court - kcco-efile@nycourts.gov
`Phone: Phone: 347-404-9766 or 347—404-9762 Website: httpszllwww.nycourts.gov/courts/Zjd/kingsclerk/index.shtml
`_____—_____—____________———
`
`NYSCEF Resource Center - EFile@nycourts.gov
`Phone: (646) 386-3033
`Fax: (212) 401-9146 Website: www.nycourts.gov/efile
`
`Page] of 2
`
`

`

`NYSCEF - Kings County Supreme Court
`
`
`
`Confirmation Notice
`
`Federal National Mortgage Association Fannie Mae, a corporation organized and existing under the
`laws of the United States of America - v. - Theresa Cobbs et al
`
`50738212014
`
`Assigned Judge: DEAR-FOR.RESOLUTION PT 1
`
`Email Notifications
`
`An e-mail notification regarding this filing has been sent to the following address(es) on
`08/14/2015 01:27 PM:
`
`DI CARO, JOHN A - ROCe-filing@logs.com
`
`GARY, CHARLES EDWARD - charles.gary@ag.ny.gov
`
`HOSCHANDER, ABRAHAM - hoschlaw@gmail.com
`
`NOTE: If 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.
`_—___—_——.———_————————
`
`Hon. Nancy T. Sunshine, Kings County Clerk and Clerk of the Supreme Court - kcco-efile@nycourts.gov
`Phone: Phone: 347-404-9766 or 347-404-9762 Website: https://www.nycourts.gov/courts/2jd/kingsclerklindexshtml
`
`NYSCEF Resource Center - EFile@nycourts.gov
`Phone: (646) 386-3033
`Fax: (212) 401-9146 Website: www.nycourts.gov/eflle
`
`Page 2 of 2
`
`

`

`COURT SERVICE REQUEST
`
`FNMA LOAN
`
`FROM:
`
`Kaila R. Cavicchioli
`
`Shapiro, DiCan & Barak, LLC
`
`COUNTY COURT:
`
`Kings County
`
`DATE TO BE COMPLETED:
`
`ASAP
`
`PLAINTIFF:
`
`Federal National Mortgage Association (“Fannie Mae"), a
`corporation organized and existing under the laws ofthe
`United States of America
`
`DEFENDANT:
`
`'
`
`Theresa Cobbs
`
`INDEX NUMBER:
`
`507382/2014
`
`OUR FILE N0.:
`
`14-035776
`
`PROPERTY ADDRESS:
`
`1336 East 86th Street, Brooklyn, NY 11236
`
`TODAY'S DATE:
`
`August 10, 2015
`
`(1) Please file the attached letters and Affidavit of Senice, serving the Notice of Settlement for
`Order to Defendant Attorney.
`(2) Once filed, please send time stamped copy to my attention.
`
`Should you have any questions or comments, I can be reached at (585) 247-9000.
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`Federal National Mortgage Association ("Fannie Mac"), a corporation
`.
`d
`.
`.
`th
`.
`f
`.
`organized on cansnng under the laws of
`e United States 0 America,
`Plaintiff,
`
`Index No. 507382I2014
`NOTICE OF SETTLEMENT
`Block 8076 Lot 19
`
`against-
`
`Theresa Cohhs; Lewis Avenue Realty Management 111, Inc.; City ofNew
`York Enn'mnmenml Control Board; City ofNew York Parking Violations
`Bureau; City ofNew York Transit Adjudication Bureau; State of New
`York,
`
`Defendanus).
`
`REDACTION COVER PAGE
`
`CHECK ALL THAT APPLY:
`
`I:
`
`E]
`
`CI
`
`E]
`
`The document filed contains no confidential personal information. as defined in 22 NYCRR 202.5(o).
`
`The document filed in REDACI'ED in accordance with 2 NYCRR 202.503).
`
`The document filed is LIN-REDACTED in accordance with 2 NYCRR 202.5(e).
`
`(n) The document filed contains SSN (as authorized by the order specified below).
`
`E]
`(b) The dommcnt filed contains confidential personal information as defined under 22 NYCRR 202.5(e) (as authorized by the order
`specified below).
`
`This document “as previously filed REDACTED.
`
`This document Win previously filed UN-REDACI'ED.
`
`Date:
`
`Date:
`
`ElElDElEl Additional information:
`
`The document filed seeks a remedy under 22 NYCRR 202.5(e)(2).
`
`The document filed seeks a remedy under 22 NYCRR 202.5(e)(3).
`
`There is it previously filed order of the Court regarding this detriment: I] Yes] 1:] No
`
`D Date of order.
`
`C! Date order filed:
`
`I] Other identifying infometion for such order:
`
`The order of the court in being filed with the redacted/un-rcdnctcd document: El Yes! D No
`
`El Date oforder:
`
`El OtheridentifyinginformationforWSignatureof("EL—«£3
`
`Print Name: Elli: M. Outer, Esq.
`Counsel appearing for: Federal National Mortgnge Association ("Fannie Mac"), I corporation organized and existing under the lawn of
`the United States ofAmer-icn
`Filer is Un
`n
`to u: III Yes! No
`Date:
`
`14-035776
`
`

`

`Law Offices of
`Shapiro, DiCan & Barak, LLC
`175 Mile CmssingBoulevani
`Rochester, New York 14524
`(535) 247-9000
`FAX (585) 247-7380
`
`August 10, 2015
`
`Abraham Hoschander, Esq
`Attorneyfor Defendant Lewis Avenue Really Management 111, Inc.
`777 Kent Avenue
`
`Suite 202
`
`Brooklyn, NY 11205
`
`RE:
`
`Federal National Mortgage Association ("Fannie Mae '9, a corporation organized and
`evicting under the laws ofthe United States ofAmerica vs. Theresa Cobbs, et at.
`Index No.: 507382/2014
`Our File Number: 14-035776
`
`Dear Counselor:
`
`Please find enclosed a copy of the Settlement Order and Proposed Order, relating to the Motion
`heard on July 22, 2015.
`
`If you have any questions, please do not hesitate to contact our office.
`
`Sincerely,
`
`aw7? ”Wm
`
`Litigation Assistant
`
`Enc.
`
`ATTORNEYS AT LAW
`
`
`Ellis M. Osler. Senior Associate, Director of litigation Direct (585) 770-2148 eoster®logs.com
`
`
`wNG ISLAND OFFICE One meinson Quadrangle. Suite ENDS Mdfillc, NY 11747
`
`PHONE (631) 844-961]
`
`FAX(I1)Bfl-9525
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
` COUNTY OF KINGS
`
`Federal National Mortgage Association ("Fannie Mae“), a corporation AFFIDAVIT OF SERVICE BY
`organized and existing under the laws of the United States of
`MAIL
`America,
`
`Index No. 5073820014
`
`Plaintiff,
`
`against-
`
`Theresa Cobbs; Lewis Avenue Realty Management III, Inc.; City of
`New York Environmental Control Board; City ofNew York Parking
`Violations Bureau; City of New York Transit Adjudication Bureau;
`State of New York,
`
`Defendants.
`
`STATE OF NEW YORK
`COUNTY OF MONROE
`
`I, Kaila K Cavicchioli being sworn, says:
`in Rochester, New York.
`On August 10, 2015, I served the Notice of Settlement and Order on the following attomey(s)/defendant(s):
`
`I am not a party to this action; I am over 18 years of age, I reside
`
`Abraham Hoschander, Esq
`Anarneyfor Defendant Lewis Avenue Realty Management HI, Inc.
`777 Kent Avenue
`Suite 202
`
`Brooklyn, NY 11205
`
`the address designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a postpaid,
`properly addressed wrapper, in an official depository under, the exclusive care and custody of the United States
`Postal Service within the State ofNew York.
`
`
`
`SHAPlRO, DICARO & BARAK, LLC
`Attorneys for Plaintiff
`175 Mile Crossing B oulevard
`Rochester, New York 14624
`(585) 247-9000
`Fax: (585) 247-7380
`
`Sworn to before me this
`
`A a day ofAugust, 2015
`
`
`
`14'035775
`
`MARY L. GOLDEN
`NOTARY PUBLIC, State 01 New York
`Reg. No. 01605013514
`Monroe County
`Commission Expires July 15. 2017—
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`NOTICE OF SETTLEMENT
`Federal National Mortgage Association ("Famie Mae“), a corporation FOR ORDER OF ORDER
`organized and existing under the laws of the United States of
`GRANTING
`America,
`SUMIVIARYIDEFAULT
`JUDGIVIENT AND ORDER OF
`REFERENCE
`Index No. 5073 82/2014
`
`Plaintiff,
`
`,
`~agamst-
`
`Theresa Cobbs; Lewis Avenue Realty Management HI, Inc.; City of
`New York Environmental Control Board; City of New York Parking
`Violations Bureau; City ofNew York Transit Adjudication Bureau;
`State of New York,
`
`Defendants.
`
`SIRS:
`
`PLEASE TAIGE NOTICE that the annexed proposed Order will presented to the Honorable Mark I.
`
`Partnow, J.S.C., Justice of the Supreme Court, to be held at the courthouse thereof, located at Kings County
`
`Supreme Court, 360 Adams Street, Brooklyn, NY 1120], on the 20"I day ofAugust, 2015 at 9:30 am for the
`
`settlement and signature of the Order.
`
`DATED:
`
`August 10, 2015
`Rochester, New York
`
`Ellis M. Oster, Esq.
`Sr. Associate, Director of Litigation
`SHAPIRO, DICARO & BARAK, LLC
`Attorneys for Plaintiff
`175 Mile Crossing Boulevard
`Rochester, New York 14624
`(585) 247-9000
`Fax: (585) 247-7380
`
`To:
`
`Abraham Hoschander, Esq
`Aflameyfor Defendant Lewis Avenue Realty Management [I], Inc.
`777 Kent Avenue
`Suite 202
`
`Brooklyn, NY 11205
`
`14-035776
`
`

`

`of the Supreme Court of the
`At Part
`State ofNew York held in and for the
`
`County of Kings at the Courthouse thereof,
`located at, 360 Adams Street, Brooklyn, NY
`11201, on
`,2015.
`
`Present: Hon. Mark I. Partnow, J .S.C.
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF KINGS
`
`Federal National Mortgage Association (“Fannie Mac"), a
`corporation organized and existing under the laws ofthe
`United States of America,
`
`SUMMARY/DEFAULT
`JUDGMENT AND ORDER
`OF REFERENCE
`
`ORDER GRANTING
`
`Plaintiff,
`
`Index No. 507382/2014
`
`-against-
`
`Theresa Cobbs; Lewis Avenue Realty Management 111, Inc.;
`City ofNew York Environmental Control Board; City of
`New York Parking Violations Bureau; City ofNew York
`Transit Adjudication Bureau; State ofNew York, and
`“JOHN DOE”, said name being fictitious, it being the
`intention of Plaintiff to designate any and all occupants of
`premises being foreclosed herein, and any parties,
`corporations or entities, if any, having or claiming an interest
`or lien upon the mortgaged premises,
`Defendants.
`
`On reading the (i) Notice of Motion dated April 28, 2015, to dismiss the Answer, drop
`
`Defendants, amend title and appoint a referee to compute, filed by Federal National Mortgage
`
`Association ("Fannie Mae"), a corporation organized and existing under the laws of the United
`
`States of America the Plaintiff herein, (ii) the Plaintiff‘s Affidavit in Support thereof dated
`
`January 16, 2015 and (iii) the Affirmation, dated April 28, 2015, of Alexander Phengsiaroun,
`
`Esq. of Shapiro, DiCaro & Barak, LLC, the attorneys for Plaintiff; and on all the pleadings,
`
`papers and proceedings heretofore had herein; and the Plaintiff‘s Motion having come on to be
`
`

`

`heard before this Court on July 22, 2015; and due deliberation having been had on all the issues
`
`and matters raised therein; it is
`
`ORDERED, that the Answer of Defendant, Lewis Avenue Realty Management 111, Inc.,
`
`be stricken and dismissed and the appearance of such Defendant be limited to a notice of
`
`appearance and waiver of service of all papers and of notices of all proceedings in said action
`
`except copy of Referee's Oath and Report of Amount Due, copy of Judgment of Foreclosure and
`
`Sale, Notice of Entry of Judgment, Notice of Sale, copy of Referee‘s Report of Sale, and notice
`
`ofproceedings to obtain surplus moneys; and it is fithher
`
`ORDERED, that
`
`Esq. with an address of
`
`is hereby appointed as Referee to ascertain and compute the amount due except for attorney’s
`
`fees upon the Bond/Note and Mortgage upon which this action was brought, to examine and
`
`report whether the mortgaged premises (Block 8076 Lot 19) as further described in the Complaint
`
`in this action and hereinafter described, should he sold in one or more parcels, and that the
`
`Referee make his/her report no later than 60 days of the date of this order and that, except for
`
`good cause shown, the Plaintiff shall move for judgment no later than 60 days of the date of the
`
`Referee’s report; and it is further
`
`ORDERED, that, if required, the Referee take testimony pursuant to RPAPL § 1321; and
`
`it is further
`
`ORDERED, that by accepting this appointment the referee certifies that he/she is in
`
`compliance with Part 36 ofthe Rules of the Chief Judge (22 NYCRR Part 36), including, but not
`
`

`

`limited to, section 36.2(c)
`
`("Disqualifications from appointment"), and section 36.2 (d)
`
`("Limitations on appointments based upon compensation“); and it is further
`
`ORDERED, that the caption of this action be amended by substituting Richard Lyons,
`
`Cheryl Mitchell, Richard Lyons, Jr., Alvaro Romero, Kathy Hackney, Luis Ramos and Carmen
`
`Ramos in place of “John Doe”, as necessary parties, who were served with a copy of the
`
`Summons and Complaint without prejudice to the proceedings heretofore had herein; and it is
`
`further
`
`ORDERED, that the caption of this action, as amended, shall read as follows:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF KINGS
`
`Federal National Mortgage Association ("Fannie Mae"), a
`corporation organized and existing under the laws of the
`United States of America,
`
`-against-
`
`Plaintiff,
`
`Index No. 5073 82/2014
`
`Theresa Cobbs; Lewis Avenue Realty Management 111, Inc.;
`City ofNew York Environmental Control Board; City of
`New York Parking ViolatiOns Bureau; City ofNew York
`Transit Adjudication Bureau; State ofNew York; Richard
`Lyons; Cheryl Mitchell; Richard Lyons, Jr.; Kathy Hackney;
`Luis Ramos; Carmen Ramos,
`
`Defendants.
`
`and it is fin'ther
`
`ORDERED, that a default judgment in favor of the Plaintiff and against all ofthe non-
`
`answering Defendants is granted as to all ofthe facts and issues described in the Plaintiff's
`
`Complaint herein; and it is further
`
`[4-035776
`
`

`

`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 parties
`
`entitled to notice; and it is further
`
`ORDERED, that pursuant to CPLR 8003 (a)(the statutory fee of $50.00)(in the discretion
`
`of the Court, a fee of $__), shall be paid to the Referee for the Computation Stage and upon
`
`the filing of his/her report; 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 fi'om receiving an appointment
`
`pursuant to the provisions ofthat Rule, the Referee shall notify the Appointing Judge forthwith.
`
`ENTER,
`
`Attorney certification pursuant
`to 22NYCRR §130-l.l-a
`is affixed to inside cover.
`
`14~035776
`
`

`

`ATTORNEY'S CERTIFICATION
`
`1, Ellis M. Oster, am an attorney duly admitted to the practice of law in the State ofNew
`
`York. I am an associate of Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff,
`
`Federal National Mortgage Association ("Fannie Mac"), a corporation organized and existing
`
`under the laws ofthe United States of America, in the above captioned civil action.
`
`I HEREBY CERTIFY, pursuant to §130-1.l-a of the Rules of the ChiefAdministrator
`
`(22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry
`
`reasonable under the circ*mstances, that the presentation of the papers in this action checked
`
`below, or the contentions therein, are not frivolous as defined in subsection (c) of §130-l.1 ofthe
`
`Rules of the ChiefAdministrator (22 NYCRR):
`
`{
`
`{
`
`}
`
`}
`
`Summons & Complaint
`
`Answer or Reply
`
`{ }
`
`Attorney’s Affirmation
`
`{X}
`
`
`
`Other: Notice of Settlement for Order of Order Grantin S IDefault
`
`Judgment and Order of Reference
`
`DATED: August 10, 2015
`
`14-035776
`
`
`;%
`
`Ellis M. Oster, Esq.
`Sr. Associate, Director of Litigation
`SHAPIRO, DICARO & BARAK, LLC
`Attorneys for Plaintiff
`175 Mile Crossing Boulevard
`Rochester, New York 14624
`(585) 247-9000
`Fax: (585) 247-73 80
`
`

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Federal National Mortgage Association Fannie Mae, a corporation organized and existing under the laws of the United States of America v. Theresa Cobbs et al, 507382/2014, 65 (N.Y. Sup. Ct., Kings Coun (2024)

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