HNY Club Suites Owners Assn. Inc. v Ferrer

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HNY Club Suites Owners Assn. Inc. v Ferrer 2019 NY Slip Op 33226(U) October 28, 2019 Supreme Court, New York County Docket Number: 850084/2019 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 10/29/2019 12:16 PM NYSCEF DOC. NO. 17 INDEX NO. 850084/2019 RECEIVED NYSCEF: 10/29/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. ARLENE P. BLUTH IAS MOTION 32 Justice ---------------------------------------------------------------------------------X HNY CLUB SUITES OWNERS ASSOCIATION INC.,BY AND THROUGH ITS BOARD OF DIRECTORS, INDEX NO. MOTION DATE 850084/2019 10/24/2019 MOTION SEQ. NO. Plaintiff, 001 -vELIZABETH FERRER, NYH CONDOMINIUM, JOHN DOE 1 · TO JOHN DOE 25, SAID NAMES BEING FICTITIOUS, THE PERSONS OR PARTIES INTENDED BEING THE PERSONS, PARTIES, CORPORATIONS OR ENTITIES, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE MORTGAGED PREMISES DESCRIBED IN THE COMPLAINT DECISION + ORDER ON MOTION, ORDER OF REFERENCE Defendant. -------------------------------------------------------------..,-------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 ORDER OF REFERENCE were read on this motion to/for Upon the foregoing documents, it is hereby ORDERED that the motion for default judgment by plaintiff is granted without opposition; and it is further is hereby appointed Referee in accordance with RP APL § 21 to compute the amount due to Plaintiff for principal, interest and other disbursements advanced as provided for in the note and mortgage upon ~hich this action is brought, and to examine whether the p~operty 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 · 850084/2019 HNY CLUB SUITES OWNERS vs. FERRER, ELIZABETH Motion No. 001 · · 1 of 4 Page 1 of4 [*FILED: 2] NEW YORK COUNTY CLERK 10/29/2019 12:16 PM NYSCEF DOC. NO. 17 INDEX NO. 850084/2019 RECEIVED NYSCEF: 10/29/2019 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 compensl;ltion"), 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 witl:i CPLR 8003(b); and it is further; ORDERED that the Referee is prohibited from accepting or retaining any funds for . . 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 fo 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 foreciosure 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 ofreference 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 the John Doe defendants; and it is 850084/2019 HNY CLUB SUITES OWNERS vs. FERRER, ELIZABETH Motion No. 001 ' Page 2 of4 (\ 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 10/29/2019 12:16 PM NYSCEF DOC. NO. 17 INDEX NO. 850084/2019 RECEIVED NYSCEF: 10/29/2019 further; ORDERED that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------)( HNY CLUB SUITES OWNERS ASSOCIATION INC.,BY AND THROUGH ITS BOARD OF DIRECTORS, Plaintiff, v. ELIZABETH FERRER, NYH 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 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: March 24, 2020 at 2: 15 p.m. If a motion for a judgment of foreclosure and sale has been made prior to the conference, then an adjournment may be obtained; consult 850084/2019 HNY CLUB SUITES OWNERS vs. FERRER, ELIZABETH Motion No. 001 Page 3 of 4 / 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 10/29/2019 12:16 PM NYSCEF DOC. NO. 17 INDEX NO. 850084/2019 RECEIVED NYSCEF: 10/29/2019 the foreclosure rules of this Part in order to obtain an adjournment. ference is necessary, come prepared to explain the reasons for the delay. ARLEN ' Nc:WQ.Nf) . BLUTH, J.S.C. , ~NE P. BLUTH CHECK ONE: CASE DISPOSED APPLICATION: SETTLE ORDER SUBMIT ORDER INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT GRANTED CHECK IF APPROPRIATE: . D DENIED GRANTED IN PART D D OTHER REFERENCE Ii ... 850084/2019 HNY CLUB SUITES OWNERS vs. FERRER, ELIZABETH Motion No. 001 4 of 4 Page 4 of 4

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