U.S. Bank Trust, N.A. v Flynn

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U.S. Bank Trust, N.A. v Flynn 2019 NY Slip Op 33381(U) November 13, 2019 Supreme Court, New York County Docket Number: 850300/2015 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. [* 1] INDEX NO. 850300/2015 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/13/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ARLENE P. BLUTH PART Justice --------------------------------------------------------------------------------X U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST, Plaintiff, INDEX NO. 850300/2015 MOTION DATE N/A MOTION SEQ. NO. 002 -vSANDRA FLYNN AKA SANDRA M. FLYNN, BOARD OF MANAGERS OF THE HARDENBROOK HOUSE CONDOMINIUM, NYC ENVIRONMENTAL CONTROL BOARD, JOHN DOE, JANE DOE DECISION + ORDERON MOTION, ORDER OF REFERENCE Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, liste.d by NYSCEF document number (Motion 002) 46, 47, 48, 49, 50, 51,52,53,54,55,56,57,58, 59,60,61,62,63,64,65,66,67,68 were read on this motion to/for JUDGMENT - SUMMARY The motion by plaintiff for summary judgment and to appoint a referee is granted without opposition. The Court also restores this action as it was inadvertently marked disposed and the case shall now proceed before the undersigned. Accordingly, it is hereby ORDERED that plaintiffs motion for summary judgment against Sandra Flynn aka Sandra M. Flynn is granted and her answer and affirmative defenses are hereby severed and dismissed; and it is further ORDERED that plaintiff is awarded a default judgment against all non-appearing defendants; and it is further . ORDERED that 7 lCCt,r()/ L:j/.tri{t,!{ ts5. SD 0 i-r) A-v&i~ S'v fk 2 'f()/ # Y ;Vy f ()()/l with an address of is hereby appointed Referee in 850300/2015 U.S. BANK TRUST, N.A., AS vs. SANDRA FLYNN AKA SANDRA M. Motion No. 002 1 of 4 Page 1of4 [* 2] INDEX NO. 850300/2015 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/13/2019 accordance with RP APL § 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 shall hold no hearing and take no testimony or evidence other than by written submission; the Court is the ultimate arbiter and the Referee's report is merely an advisory finding; 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 and to defendants who have appeared in this case 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 2 of AKA 4 SANDRA M. 850300/2015 U.S. BANK TRUST, N.A., AS vs. SANDRA FLYNN Mntinn Nn~ 002 Page 2 of 4 [* 3] INDEX NO. 850300/2015 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/13/2019 ORDERED that if defendant(s) have objections, they must submit them to the referee within 14 days of the mailing of plaintiffs submissions; and include these objections to the Court if opposing the motion for a judgment of foreclosure and sale; and it is further ORDERED the failure by defendants to submit objections to the referee shall be deemed a waiver of objections before the Court on an application for a judgment of foreclosure and sale; 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 tnay 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 Louis Garcia be substituted for John Doe and that Jane Doe be removed in this action and the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------)( U.S. BANK TRUST, NA, AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST Plaintiff, v. SANDRA FLYNN AKA SANDRA M. FLYNN, BOARD OF MANAGERS OF THE HARDENBROOK HOUSE CONDOMINIUM, NYC ENVIRONMENTAL CONTROL BOARD, LOUIS GARCIA, Defendant(s). ----------------------------------------------------------------)( and it is further 850300/2015 U.S. BANK TRUST, N.A., AS vs. SANDRA FLYNN AKA SANDRA M. Motion No. 002 3 of 4 Page 3 of4 [* 4] INDEX NO. 850300/2015 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/13/2019 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 substituted and removed 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.nyco~rts.gov/supctmanh)]; and it is further ORDERED that Plaintiff shall serve a copy of this Order wlth notice of entry on all parties and persons entitled to notice, including the Referee appointed herein. Next Conference: March 31, 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 explore the reasons for the delay .. DATE CHECK ONE: ARLENE P. BLUTt,f, J.S.C. ·~ x APPLICATION: CHECK IF APPROPRIATE: CASE DISPOSED GRANTED NON-FINAL D DENIED D19ctl1r1~RLErtE P. BLUTH GRANTED IN PART SEITLEORDER SUBMIT ORDER INCLUDES FIDUCIARY APPOINTMENT TR AN~l=FR/RFA~~ll'lN D D OTHER r REFERENCE I I I i ,I l I I I /' 850300/2015 U.S. BANK TRUST, N.A., AS vs. SANDRA FLYNN AKA SANDRA M. Motion No. 002 4 of 4 . Page4 of4 \I I

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