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At IAS 1,1) CP of the Supreme Court of the State of New York, held in and for the County of Richmond at the Courthouse thereof, 21e

A „ c_ Staten Island, NY 10301 on

,.-;z.6 day of :3- u ,2017.

PRESENT: Honorable Hon. Judith N. McMahon

J.S.C. J.S.C.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND INDEX NO.: 135021/2016

X

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS ORDER OF REFERENCE

TRUSTEE FOR NOVASTAR MORTGAGE FUNDING

1,

TRUST, SERIES 2007-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-

Premises:

Plaintiff, 47 ROCKVILLE AVENUE, STATEN ISLAND, NY 10314

-against-

MARC ROSENFELD; CAPITAL ONE BANK; UNITED STATES OF AMERICA — INTERNAL REVENUE SERVICE; MIDLAND FUNDING LLC; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU ; WORKERS COMPENSATION BORAD OF NEW YORK STATE; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD,

"JOHN DOE 41" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the Complaint,

Defendants.

UPON reading and filing the annexed Attorney's Statement of RAS BORISKIN, LLC,

the Affidavit of Indebtedness, the exhibits annexed thereto, and upon the pleadings previously

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had herein, and it appearing that the Defendants having been duly served with the Summons and

Complaint, and that all the Defendants herein have defaulted in pleading or served a notice of

appearance, and no Answer or Motion having been directed to the sufficiency of the Complaint

has been timely interposed by any of the Defendants and their time to do so has expired; Except

for UNITED STATES OF AMERICA — INTERNAL REVENUE SERVICE AND WORKERS'

COMPENSATION BORAD OF NEW YORK STATE who has appeared through a Notice of

Appearance but waived notice of this application.

FURTHER, it appearing that the Complaint has been amended in any manner

whatsoever; and

FURTHER, it appearing that none of the Defendants herein is an infant, incompetent or

absentee, and that all parties entitled to receive, have received to notice of this application;

FURTHER, upon application by RAS BORISKIN, LLC, its attorneys for Plaintiff it is

ORDERED, that Plaintiff's application is hereby granted against Defendants in its

entirety; and it is further

ORDERED, that pursuant to CPLR § 3215 that the Plaintiff be granted a Default

Judgment for the relief demanded in the Complaint for those Defendants who were served and

have not appeared; and it is further

ORDERED, that the County Clerk of the County of Richmond is hereby directed to

accept as original a copy of the loan modification dated February 2, 2015 for purposes of

recording; and it is further

ORDERED, that the caption be amended by substituting HOLLY "DOE" (REFUSED

LAST NAME) AND MICHAEL "DOE" (REFUSED LAST NAME), by and in place of "John

Doe #1." and "John Doe #2"; and it is further

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ORDERED, that fictitious defendants captioned as "John Doe 43" through "John Doe

412", be maintained in the event of any later discovered defendants; and it is further

ORDERED, that the caption shall be amended to read as follows:

X DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-1,

Plaintiff, -against-

MARC ROSENFELD; CAPITAL ONE BANK; UNITED STATES OF AMERICA — INTERNAL REVENUE SERVICE; MIDLAND FUNDING LLC; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU; WORKERS' COMPENSATION BORAD OF NEW YORK STATE; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; HOLLY "DOE" (REFUSED LAST NAME); MICHAEL "DOE" (REFUSED LAST NAME),

"JOHN DOE 43" through "JOHN DOE #12," the last ten names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the Complaint,

Defendant.

and it is further

ORDERED, that this action be and the same is hereby referred

H all , Esq., of

,41 '

Log, Lit ,

telephone number

,

as Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest,

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ENTER:

Hon. Judith N. Mc Administrative Judge Supreme Court, Richmond County Civil Term

and other disbursements advanced as provided for in the Note and Mortgage, excluding

attorneys' fees, upon which this action as brought, to examine and report whether or not the

Mortgaged premises can be sold in parcels, and that the Referee make his/her report to the Court

with all convenient speed; and it is further

ORDERED, that the referee's computation may be had in any county of the State of

New York; and it is further

- • -

•

ORDERED, that the Referee is prohibited from accepting or returning any funds for

him/herself 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 by accepting this appointment the referee certifies that he/she is in

compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not

limited to, section 36.2(c) ("Disqualifications from appointment"), and section 36.2(d)

("Limitations on appointments based on compensation").

ORDERED, that plaintiff shall serve a copy of this order upon the referee, together with the referee's compensation in the sum of $250.00 pursuant to CPLR 8003(a).

C t-

e/V

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upreme aloud of the

tate of sTeill 'Nark

JUSTICES' CHAMBERS 26 CENTRAL AVE.

STATEN ISLAND, NY 10301 (718) 675-8630

JUDITH N. McMAHON ADMINISTRATIVE JUDGE

June 20, 2017

CIVIL MATTERS RICHMOND COUNTY

Michael Gaffney, Esq. 1164 Victory Blvd. Staten Island, NY 10301

Re: Deutsche Bank National Trust Company v.

Marc Rosenfeld, et al. Index Number: 135021/2016

Dear Counselor:

With regard to the above captioned matter, please be advised that on June 20, 2017, Judge Judith N. McMahon signed an Order of Reference and named you as Referee.

Further, due to a new regulation recently promulgated, all auctions shall take place at the Richmond County Supreme Court with a Clerk and must be scheduled on the third Thursday of every month unless otherwise scheduled by the Clerk. Please call 718-675-8632 and speak to Jonathan Burdman, the Clerk of the Foreclosure Part, in order to schedule the auction. The auction shall be scheduled subsequent to the Judgment of Foreclosure and Sale Order being signed by the Court.

If additional fees are requested by motion and granted, please be aware that Part 36 requirements may apply.

If you have any questions, please feel free to call. Thank you very much.

Very truly yours, (5'1 lion. Judith N. McMahon

J.S.C. HON. JUDITH N. McMAHON Administrative Judge of Richmond County Civil Term

JNM:jrric enclosure

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