NYCTL 2018-A Trust v Fifth Latin Am. Pentecostal Church of God, Inc.

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NYCTL 2018-A Trust v Fifth Latin Am. Pentecostal Church of God, Inc. 2019 NY Slip Op 33052(U) October 16, 2019 Supreme Court, New York County Docket Number: 151876/2019 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 10/16/2019 02:21 PM NYSCEF DOC. NO. 25 INDEX NO. 151876/2019 RECEIVED NYSCEF: 10/16/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ARLENE P. BLUTH PART IAS MOTION 32 Justice ---------------------------------------------------------------------------------X NYCTL 2018-A TRUST AND THE BANK OF NEW YORK MELLON AS COLLATERAL AGENT AND CUSTODIAN, INDEX NO.. MOTION DATE 151876/2019 10/03/2019 001 MOTION SEQ. NO. Plaintiff, -vFIFTH LATIN AMERICAN PENTECOSTAL CHURCH OF GOD, INC.,NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, THE PEOPLE OF THE STATE OF NEW YORK, JOHN DOE #1 THROUGH JOHN DOE #100 . DECISION + ORDER ON MOTION, ORDER OF REFERENCE Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 16, 17, 18, 19, 20, 21,22,23 were read on this motion to/for ORDER OF REFERENCE Upon the foregoing documents, it is ORDER.ED that the motion for a default judgment and to appoint a referee is granted without opposition; and it is further ORDERED that ~oseph Buono with an address of 804 Route 9, Suite 4, Fishk~ll, NY 12524, (845) 765-1050 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 RP APL§ 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 151876/2019 NYCTL 2018-A TRUST AND THE vs. FIFTH LATIN AMERICAN Motion No. 001 1 of 4 Page 1 of4 [*FILED: 2] NEW YORK COUNTY CLERK 10/16/2019 02:21 PM NYSCEF DOC. NO. 25 INDEX NO. 151876/2019 RECEIVED NYSCEF: 10/16/2019 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 ariy 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 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 inay sua sponte toll interest depending on whether the ~elays are due to plaintiff's failure to move this litigation forward; and it further ORDERED that the caption be amended to substitute Wilfredo Santiago, John Doe sha John Doe #2, Johll Doe sha John Doe #3, John Doe sha John Doe #4, John Doe sha John Doe #5 for John Doe #1 through #5 and removing John Doe #6 through #100; 151876/2019 NYCTL 2018-A Motion No. 001 TR~ST AND THE vs. FIFTH LATIN AMERICAN Page 2 of4 2 of 4 / [*FILED: 3] NEW YORK COUNTY CLERK 10/16/2019 02:21 PM NYSCEF DOC. NO. 25 INDEX NO. 151876/2019 RECEIVED NYSCEF: 10/16/2019 ORDERED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------)( NYCTL 2018-A TRUST AND THE BANK OF NEW YORK MELLON, AS COLLATERAL AGENT AND CUSTODIAN, Plaintiffs, v. FIFTH LATIN AMERICAN PENTECOSTAL CHURCH OF GOD, INC., NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, THE PEOPLE OF THE STATE OF NEW YORK, WILFREDO SANTIAGO, JOHN DOE SHA JOHN DOE #2, JOHN DOE SHA JOHN DOE #3, JOHN DOE SHA JOHN DOE #4, JOHN DOES.HA JOHN DOE#5, 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. 151876/2019 NYCTL 2018-A TRUST AND THE vs. FIFTH LATIN AMERICAN Motion No. 001 3 of 4 Page 3 of 4 I [*FILED: 4] NEW YORK COUNTY CLERK 10/16/2019 02:21 PM INDEX NO. 151876/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/16/2019 Next Conference: March 24, 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 expiore the reasons for the delay. ARLEN CHECK ONE: CASE DISPOSED GRANTED . NON-FIN.HQ D DENIED APPLICATION: SETTLE ORDER · CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN GRANTED IN T SUBMIT ORDER FIDUCIARY APPOINTMENT 151876/2019 NYCTL 2018-A TRUST AND THE vs. FIFTH LATIN AMERICAN Motion No. 001 · · 4 of 4 ~ . BLUTH, J.s.c_. 11'~LENE p. B LUTH D OTHER D REFERENCE Page 4 of 4 .

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