Opinion
INDEX NO. 153940/2018
09-13-2019
FIRST REPUBLIC BANK, Plaintiff, v. SPRINGS FIREPLACE PROPERTIES LLC,MICHAEL DUBIN, UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF RANDI T. DUBIN, BOARD OF MANAGERS OF 444 EAST 57TH STREET CONDOMINIUM, STATE SAVINGS, F.A., LUXURY MORTGAGE CORP., NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, UNITED STATES OF AMERICA (SOUTHERN DISTRICT), NEW YORK CITY REGISTER, "JOHN DOE #1 through JOHN DOE #12, the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants.
NYSCEF DOC. NO. 76 PRESENT: HON. ARLENE P. BLUTH Justice MOTION DATE 08/08/2019 MOTION SEQ. NO. 002
DECISION AND ORDER ON MOTION + ORDER OF REFERENCE
The following e-filed documents, listed by NYSCEF document number (Motion 002) 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 were read on this motion to/for ORDER OF REFERENCE/REFERENCE TO COMPUTE.
Upon the foregoing documents, it is
ORDERED that the motion by plaintiff for a default judgment against all non-answering defendants and restore this case to the active calendar is granted; and it is further
ORDERED that Mark McKew with an address of 1725 York Ave Suite 29A New York, NY 10128 is hereby appointed Referee in accordance with RPAPL § 1321 to compute the amount due to Plaintiff and to examine whether the mortgaged property can be sold in parcels; and it is further
ORDERED that the Referee may take testimony pursuant to RPAPL § 1321; and it is further
ORDERED that by accepting this appointment the Referee certifies that he is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2 (c) ("Disqualifications from appointment"), and §36.2 (d) ("Limitations on appointments based upon compensation"), and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and it is further
ORDERED that, pursuant to CPLR 8003(a), and in the discretion of the court, a fee of $350 shall be paid to the Referee for the computation of the amount due and upon the filing of his report and the Referee shall not request or accept additional compensation for the computation unless it has been fixed by the court in accordance with CPLR 8003(b); and it is further;
ORDERED that the Referee is prohibited from accepting or retaining any funds for himself or paying funds to himself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further
ORDERED that plaintiff shall forward all necessary documents to the Referee within 30 days of the date of this order and shall promptly respond to every inquiry made by the referee (promptly means within two business days); and it is further
ORDERED that plaintiff must bring a motion for a judgment of foreclosure and sale within 30 days of receipt of the referee's report; and it is further
ORDERED that if plaintiff fails to meet these deadlines, then the Court may sua sponte vacate this order and direct plaintiff to move again for an order of reference and the Court may sua sponte toll interest depending on whether the delays are due to plaintiff's failure to move this litigation forward; and it further
ORDERED that the caption be amended to remove JOHN DOE # 1 through JOHN DOE #12 as party defendants in this action; and it is further
ORDERED that this action is discontinued against defendant the UNKOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF RANDI T. DUBIN and that this defendant be removed from the caption and the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK FIRST REPUBLIC BANK, Plaintiff,
v. SPRINGS FIREPLACE PROPERTIES LLC,MICHAEL DUBIN, BOARD OF MANAGERS OF 444 EAST 57TH STREET CONDOMINIUM, STATE SAVINGS, F.A., LUXURY MORTGAGE CORP., NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, UNITED STATES OF AMERICA (SOUTHERN DISTRICT), NEW YORK CITY REGISTER Defendant(s).
and it is further
ORDERED that counsel for plaintiff shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre Street, Room 141B) and the General Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect the parties being removed and substituted pursuant hereto; and it is further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website at the address (ww.nycourts.gov/supctmanh)]; and it is further
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein.
Next Conference: February 25, 2020 @ 2:15 p.m. If a motion for judgment of foreclosure and sale has been filed, plaintiff may seek an adjournment of the conference. Please consult this part's rules for information on how to obtain an adjournment. If a motion has been made, then a conference is required to explore the reasons for the delay. 9/13/19
DATE
/s/ _________
ARLENE P. BLUTH J.S.C.