Opinion
INDEX NO. 157503/2018
04-08-2019
NYCTL 1998-2 TRUST AND THE BANK OF NEW YORK MELLON, AS COLLATERAL AGENT AND CUSTODIAN AND, NYCTL 2016-A TRUST AND THE BANK OF NEW YORK MELLON, AS COLLATERAL AGENT AND CUSTODIAN AND, NYCTL 2017-A TRUST AND THE BANK OF NEW YORK MELLON, AS COLLATERAL AGENT AND CUSTODIAN, Plaintiffs, v. JACOB & JERRY INVESTMENTS LLC,NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, AND JOHN DOE 1 THROUGH JOHN DOE 100, THE NAMES OF THE LAST 100 DEFENDANTS BEING FICTITIOUS, THE TRUE NAMES OF SAID DEFENDANTS BEING UNKNOWN TO PLAINTIFFS, IT BEING INTENDED TO DESIGNATE FEE OWNERS, TENANTS OR OCCUPANTS OF THE LIENED PREMISES AND/OR, PERSONS OR, PARTIES HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE LIENED PREMISES, IF THE AFORESAID INDIVIDUAL DEFENDANTS ARE LIVING, AND IF ANY OR ALL OF SAID INDIVIDUAL DEFENDANTS ARE DEAD, THEIR HEIRS AT LAW, NEXT OF KIN, DISTRIBUTEES, EXECUTORS, ADMINISTRATORS, TRUSTEES, COMMITTEES, DEVISEES, LEGATEES, AND THE ASSIGNEES, LIENORS, CREDITORS AND SUCCESSORS IN INTEREST OF THE THEM, AND GENERALLY ALL PERSONS HAVING OR CLAIMING UNDER, BY, THROUGH, OR AGAINST THE SAID DEFENDANTS NAMED AS A CLASS, OF, ANY, RIGHT, TITLE OR INTEREST IN OR LIEN UPON THE PREMISES DESCRIBED IN THE COMPLAINT HEREIN Defendants.
NYSCEF DOC. NO. 32 PRESENT: HON. ARLENE P. BLUTH Justice MOTION DATE __________ MOTION SEQ. NO. 001
DECISION AND ORDER OF REFERENCE
The following e-filed documents, listed by NYSCEF document number (Motion 001) 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 were read on this motion to/for APPOINT - REFEREE.
Upon the Summons, Complaint, and Notice of Pendency filed in this action on August 13, 2018, the affirmation of plaintiff's counsel, and the exhibits annexed thereto, the affidavit of merit and amount due by Marie Triolo, an Asset Manager of MTAG Services, LLC, servicer for Plaintiffs, together with the exhibits attached thereto, and all prior papers filed in this action and prior proceedings had herein; and
Upon proof that each of the defendants herein has been duly served with the Summons and Complaint in this action and required notices; and
Upon a Notice of Appearance by Jacob & Jerry Investments LLC, New York City Department of Finance and New York City Department of Housing Preservation and Development; and upon defendants New York City Department of Housing Preservation and Development and the New York City Department of Finance waiving notice of this motion, which has waived notice of this application;
And it appearing that the time for defendants New York State Department of Taxation and Finance; New York City Environmental Control Board, and New York City Parking Violations Bureau to answer the complaint has expired;
And it appearing to the satisfaction of this court that this action was brought to foreclose a tax lien on the property known as 160 West 121 Street, New York, New York, Block 1905, Lot 158 it is hereby
ORDERED that the motion for a default judgment against all defendants granted without opposition; and it is further
ORDERED that Edward Lehner with an address of 180 Cabrini Boulevard, New York, NY 10033, (212) 928-4402, is hereby appointed Referee in accordance with RPAPL § 1321 to compute the amount due to Plaintiff and to examine whether the tax parcel 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 "John Doe" be removed as a party defendant in this action and the caption of this action be amended to reflect the removal of "John Doe" as a party defendant; and it is further
ORDERED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NYCTL 1998-2 TRUST AND THE BANK OF NEW YORK MELLON, AS COLLATERAL AGENT AND CUSTODIAN AND, NYCTL 2016-A TRUST AND THE BANK OF NEW YORK MELLON, AS COLLATERAL AGENT AND CUSTODIAN AND, NYCTL 2017-A TRUST AND THE BANK OF NEW YORK MELLON, AS COLLATERAL AGENT AND CUSTODIAN, Plaintiffs, v. JACOB & JERRY INVESTMENTS LLC,NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT Defendant(s). INDEX NO: 157503/2018
TAXED PARCEL: 160 West 121 Street, New York, New York Block: 1905
Lot: 158
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: July 30, 2019 @ 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. 4·8·19
DATE
/s/ _________
ARLENE P. BLUTH, J.S.C.