Hilton Resorts Corp. v Evelyn

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Hilton Resorts Corp. v Evelyn 2020 NY Slip Op 30382(U) January 27, 2020 Supreme Court, New York County Docket Number: 850084/2018 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 01/27/2020 04:35 PM NYSCEF DOC. NO. 44 INDEX NO. 850084/2018 RECEIVED NYSCEF: 01/27/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. ARLENE P. BLUTH IAS MOTION 32 Justice --------------------------------------------------------------------------------X HILTON RESORTS CORPORATION, INDEX NO. MOTION DATE Plaintiff; MOTION SEQ. NO. 850084/2018 01/23/2020 001 -vMICHAEL E. EVELYN, THERESA EVELYN, BOARD OF DIRECTORS, 57TH ST. VACATION OWNERS ASSOCIATION, INC.,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 Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 31, 32, 33, 34, 35, 36, 37, 38, 39,40,41,42 · ORDER OF REFERENCE were read on this motion to/for Upon the foregoing documents, it is ORDERED that the motion for a default judgment against the non-appearing defendants is granted; and it is further ORDERED that Joseph Buono, with an address at 804 Route 9, Suite 4, Fishkill, NY 1254 (845) 765-1050 is hereby appointed Referee in accordance with RPAPL § 1321 to compute the amount due to Plaintiff and to examine whet.her 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 850084/2018 HILTON RESORTS CORPORATION vs. EVELYN, MICHAELE. Motion No. 001 1 of 4 Page 1 of4 [*FILED: 2] NEW YORK COUNTY CLERK 01/27/2020 04:35 PM NYSCEF DOC. NO. 44 INDEX NO. 850084/2018 RECEIVED NYSCEF: 01/27/2020 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 ~n 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 itis 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 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 850084/2018 HILTON RESORTS CORPORATION vs. EVELYN, MICHAELE. Motion No. 001 2 of 4 Page 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 01/27/2020 04:35 PM NYSCEF DOC. NO. 44 INDEX NO. 850084/2018 RECEIVED NYSCEF: 01/27/2020 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 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 the John Doe defendants and the Board ofDirectors, 57th St. Vacation Owners Associatoin be removed in this action, the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------)( HILTON RESORTS CORPORATION, Plaintiff, v. MICHAEL E. EVELYN, THERESA EVELYN 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 pursuant hereto; and it is further 850084/2018 HILTON RESORTS CORPORATION vs. EVELYN, MICHAEL E. Motion No. 001 3 of 4 Page 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 01/27/2020 04:35 PM NYSCEF DOC. NO. 44 INDEX NO. 850084/2018 RECEIVED NYSCEF: 01/27/2020 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 (www.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: May 19, 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 mo~ion has been made, then a conference is required to explore the reasons for the delay. CHECK ONE: CASE DISPOSED GRANTED APPLICATION: CHECK IF APPROPRIATE: D NON-FINAL DISP. OSITION DENIED SETTLE ORDER GRANTED IN PART SUBMIT ORDER INCLUDES FIDUCIARY APPOINTMENT TRANSFFR/RFASSl<::N 850084/2018 HILTON RESORTS CORPORATION vs. EVELYN, MICHAELE. Motion No. 001 4 of 4 D D OTHER REFERENCE Page 4 of 4

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