Opinion
INDEX NO. 153485/2018
04-10-2019
NYCTL 2017-A TRUST, Plaintiff, v. FAUAD SHARIFF, SAMEEN SHARIFF, TWENTIETH CENTURY FOX FEDERAL CREDIT UNION, THE BOARD OF MANAGERS OF THE SYCAMORE CONDOMINIUM, JOHN DOE, THE NAMES OF THE LAST 100 DEFENDANTS BEING UNKNOWN TO PLAINTIFF, IT BEING INTENDED TO DESIGNATE FEE OWNERS, TENANTS OR OCCUPANTS OF THE TAX LIEN PREMISES AND/OR PERSONS OR PARTIES HAVING OR CLAIMING AN INTEREST IN OR A LIEN UPON THE SUBJECT PROPERTY, LIENORS, CREDITORS AND SUCCESSORS IN INTEREST OF THEM, AND GENERALLY ALL PERSONS HAVING OR CLAIMING UNDER, BY, THROUGH, OR AGAINST THE SAID DEFENDANTS NAMED AS A CLASS, Defendants.
NYSCEF DOC. NO. 26 PRESENT: HON. ARLENE P. BLUTH Justice MOTION DATE 04/02/2019 MOTION SEQ. NO. 001
DECISION AND ORDER OF REFERENCE
The following e-filed documents, listed by NYSCEF document number (Motion 001) 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 were read on this motion to/for APPOINT - REFEREE.
Upon the Summons, Complaint, and Notice of Pendency filed in this action on April 17, 2018, the affirmation of plaintiff's counsel, and the exhibits annexed thereto, the affidavit of merit and amount due by Kenneth LaVine, a Senior 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 with the required notices; and
And it appearing that the time for defendants 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 250 East 30th Street, Unit 6G, New York, New York, Block 910, Lot 1028, it is hereby
ORDERED that the motion for a default judgment against all defendants is granted without opposition; and it is further
ORDERED that __________ with an address of __________ 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 No. 1" through "John Doe. No. 100" be removed as party defendants in this action and the caption of this action be amended to reflect the removal of these defendants; 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 2017-A TRUST, Plaintiff,
v. FAUAD SHARIFF, SAMEEN SHARIFF, TWENTIETH CENTURY FOX FEDERAL CREDIT UNION, THE BOARD OF MANAGERS OF THE SYCAMORE CONDOMINIUM, 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 added 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)].
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. 4·10·19
DATE
/s/ _________
ARLENE P. BLUTH, J.S.C.