Flushing Bank v Alijaj

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Flushing Bank v Alijaj 2019 NY Slip Op 31788(U) June 20, 2019 Supreme Court, New York County Docket Number: 850057/2018 Judge: Arlene P. Bluth Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 06/20/2019 03:58 PM NYSCEF DOC. NO. 41 INDEX NO. 850057/2018 RECEIVED NYSCEF: 06/20/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ARLENE P. BLUTH PART IAS MOTION 32 Justice ---------------------------------:.----------------------------------------------X FLUSHING BANK F/K/A FLUSHING SAVINGS BANK, FSB, IND EX N0. MOTION DATE 850057/2018 06/13/2019 Plaintiff, MOTION SEQ. NO. 001 -vENVER ALIJAJ, SKENDER ALIJAJ, BOARD OF MANAGERS OF 75 WALL STREET CONDOMINIUM, NEW YORK CITY PARKING VIOLATIONS BUREAU, JOHN SISK, JOHN DOE NO. I THROUGH JOHN DOE NO. XXX SAID NAMES BEING FICTITIOUS, THE PERSONS OR PARTIES INTENDED BEING THE PERSONS, PARTIES, CORPORATIONS OR ENTITIES, DECISION AND ORDER OF REFERENCE Defendants. , -------------------------------------------------------------------------·-------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 18, 19, 20, 21, 22, 23,24,25,26,27,28,29, 30, 31, 32, 33, 34, 35, 36,37,40 ORDER OF REFERENCE/REFERENCE TO COMPUTE were read on this motion to/for Upon the Summons and Complaint filed on March 9, 2018 and the Notice of Pendency filed in this action on March 30, 2018, the Notice of Motion dated September 5, 2018, together with all the papers filed in support of the motion and the exhibits annexed 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 it appearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 75 Wall Street, Unit 20M, New York, NY 10005 it is hereby ORDERED that the branch of plaintiffs motion for a default judgment against all defendants who were served is granted without opposition; and it is further 850057/2018 FLUSHING BANK F/K/A FLUSHING vs. ALIJAJ, ENVER Motion No. 001 1 of 4 Page 1 of4 [*FILED: 2] NEW YORK COUNTY CLERK 06/20/2019 03:58 PM NYSCEF DOC. NO. 41 INDEX NO. 850057/2018 RECEIVED NYSCEF: 06/20/2019 ORDERED that a CPLR 3408 conference is not required .as the defendant borrower (Enver Alijaj) no longer owns the property as a result of a separate foredosure action; and it is further ORDEREDthat !0013 D/1£MJ ~ 'Ui, Lil- ~U:r l{qz,~ . /ffJJ &a.117_,,A)/Mj . . is hereby appointed Referee in accordance with RP APL § 1321 to compute the amount due to Plaintiff for principal, interest and other disbursements advanced as provided for in the note and mortgage upon which this action is brought, 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 RP APL § 1321; and it is further ORDERED that by accepting this appointment the Referee certifies that she/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 her/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 85005712018 FLUSHING BANK FIKIA FLUSHING vs. ALIJAJ, ENVER Motion No. 001 2 of 4 Page 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 06/20/2019 03:58 PM NYSCEF DOC. NO. 41 INDEX NO. 850057/2018 RECEIVED NYSCEF: 06/20/2019 herself/himself or paying funds to him/herself 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 ofreceipt 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 plaintiffs failure to move this litigation forward; and it further ORDERED that the caption be amended to removing John Doe #1 through #XXX and John Sisk, and the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X FLUSHING BANK FIKIA FLUSHING SAVINGS BANK, FSB, Plaintiff, v. ENVER ALIJAJ, SKENDER ALIJAJ, BOARD OF MANAGERS OF 75 WALL STREET CONDOMINIUM, NEW YORK CITY PARKING VIOLATIONS BUREAU Defendant(s). ---------------------------------------~------------------------X 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 850057/2018 FLUSHING BANK F/K/A FLUSHING vs. ALIJAJ, ENVER Motion No. 001 3 of 4 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 06/20/2019 03:58 PM NYSCEF DOC. NO. 41 INDEX NO. 850057/2018 RECEIVED NYSCEF: 06/20/2019 Street, Room 119), who are directed to mark the court's records to reflect the parties being removed; 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 atthe "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; and it is further Next Conference: December 3, 2019 at 2:15 p.m. Ifplaintiffhas moved for a:judgment ' of foreclosure and sale before the conference, then plaintiff can seek an adjournment. Please consult the part's rules for information about how to obtain an adjournment. An appearance is required if a motion for a JFS has not been made; counsel appearing for plaintiff must come prepared to explain the delay or interest may be tolled. . LENE P. l~ti:"f3~·P. BLUTH Dt\q~bN CHECK ONE: CASE DISPOSED APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT GRANTED . D · DENIED 850057/2018 FLUSHING BANK F/K/A FLUSHING vs. ALIJAJ, ENVER Motion No. 001 / 4 of 4 NON-Fl L GRANTED IN PART D D OTHER REFERENCE Page4 of4 .

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