FILED: RICHMOND COUNTY CLERK 08/01/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/01/2019

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND

REFEREE'S REPORT OF

Aspen Shackleton III, LLC,

SALE

Index No. 135068/2016 Plaintiff,

-against-

Marlon Gordon; Anson Street, LLC; The Board of Directors of Heron Pond Homeowners Association; City of

New

York Enviroñmental Control Board; City of

New

York Parking Violations Bureau; City of

New

York Transit Adjudication Bureau; Christopher Oliva; Ashley Bethel; Ernest Randolph;

Diana Oliva,

Defendants.

TO THE SUPREME _COURT, RICHMOND COUNTY:

I, Toni Barone, Esq., the Referee appointed by the judgment of foreclosure and sale of this Court, made and entered in the above captioned action on

May

8, 2019, to make the sale of

the premises therein described,

DO RESPECTFULLY REPORT

as follows:

1. I caused due notice of the sale of said premises in one parcel at public auction on July 18, 2019, to be given and published according to law and the rules and practice of this court, as fully appears by the affidavits annexed hereto.

2. At the time and place for which the sale was noticed as aforesaid, I attended in person, and, in accordance with such notice, offered the premises for sale to the highest bidder. I sold the same to Plaintiff for the sum of $349,900.00 that being the highest sum bid therefore.

3. I have waived the payment by the purchaser of said purchase price.

4. That the plaintiff has been credited and allowed the following:

a) For advertising expenses the sum of $656.00 and a tax search expense of

$81.00, which sums have been advanced by plaintiff.

b) Costs and disbursarnants the sum of $3,101.00.

c) For Shapiro, DiCaro

&

_Barak, _LLC, the attorney for the plaintiff, the sum of $4,950.00 for attorneys fees.

12-015893 Referee's Report of Sale Page 1 of 4

(2)

d) For taxes, assessments, iñsurâñce, and property preservation costs, the sum of $12,544.68.

e) For

my

^Fees as Referee, the sum of $500.00, which I have retained.

5. Pursuant to said judgment of foreclosure and sale, I have made, executed and delivered to Aspen Shackleton III, LLC, a good and sufficient deed of conveyance of said mortgaged lands and premises sold.

6. That annexed hereto and made a part of this,

my

report, is a statement showing the several items aforesaid and the mode of computation, and that the

amont

of the deficiency in the sum of $159,292.06.

This report is respectfully submitted.

Dated: ,

Toni Barone, Esc(.

Referee

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S_TATEMENT OF REFEREE

Amount due on the Note and Mortgage, as per Judgment $441,920.29

Interest thereon from July 1, 2016 to

May

8, 2019

@ ^3%

^37,811.43

Interest thereon from

May

9, 2019 to July 18, 2019

@ ^9%

^7,627.67

Advanced for taxes, assessments, insurance and

property preservation costs 12,544.68

Referee's Fee 500.00

Attorney Fees 4,950.00

Tax search expense 81.00

Advertising expenses 656.00

Plaintiffs costs, allowañces and disbursements 3,101.00

TOTAL DUE

509,192.06

LESS BID

AMOUNT

349,900.00

DEFICIENCY

159,292.06

Dated: ,

Toni Barone, Esq?

Referee

RECEIPT

Received from the Referee, Toni Barone, Esq., appointed by the Judgment of Foreclosure and Sale herein, the sum of $3,101.00 in full fo the costs; $4,950.00 for attorneys fees; and also the sum of $12,544.68 for additional escrow -

añces made since the Referee's Report of

Amount Due, awarded to Plaintiff by said J .

S i a ,

orneys fo 1 nti

12-015893

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STATE OF NEW YORK

₎

COUNTY OF RICHMOND

_{) SS:}

Toni Barone, Esq., being duly sworn, deposes and says:

That I

am

the Referee duly appointed herein to make the sale in the above entitled action, and the officer who made such sale.

That the above report of sale signed by

me

is in all respects true and correct, and said report and statement annexed thereto contains a true, accurate and complete report of the disposition of the proceeds of such sale.

Toni Barone,

E

q.

Sworn to before

me

this

S4"

day of

Twly

^{, 20_/f}

Notary Public

CLARESPlLLANE Notary Public- Stateof NewYork

N0.015P6032071 (12-015893) Qualifiedin RichmondCounty

My CommissionFroin soe$36 2031

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NOTICE OF SALE

SUPREME COURT COUNTY OF RICHMOND

Aspen Shackleton HI, LLC, Plaintiff

AGAINST

Marion Gordon; et al., Defendant(s)

Pursuant to a Judgment of Foreclosure and Sale duly dated April 30, 2019 I, the undersigned

Referee will sell at public auction at the Richmond County Courthouse, 26 Central Ave.,

Room

111, Staten Island

NY

10301 on July 18, 2019 at 2:00PM, premises known as 158 Pond Way, Staten Island,

NY

10303. All that certain plot piece or parcel of land, with the 5-:!dEp and i=p-ovements erected, situate, lying and being in the Borough of Staten Island, County of

Rich=end, City and State of NY, Block 1278 Lot 128. Approximate amount of judg=ent

$441,920.29 plus interest and costs. Premises will be sold subject to provisions of filed

Judgment Index# 135068/2016.

Toni Barone, Esq., Referee

Shapiro, DiCaro

&

_Barak,

LLC

Attorney(s) for the Plaintiff

175 Mile Crossing Boulevard Rochester,

New

York 14624 (877) 430-4792

Dated:

May

30, 2019

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Staten islanb Abuance I silive.com

Staten Island Advance

STATEN ISLAND MEDIA GROUP LEGAL AFFIDAVIT

Yourconnectiontoourcomrmmity

AD#: 0009202155 Total $656.00

State of New York,) ss County of Richmond)

Roseann Carrera being duly sworn, deposes that he/she is principal clerk of Staten Island Advance; that Staten Island Advance is a public newspaper published in the city of New York, with general circulation in County of Richmond, and this notice is an accurate and true copy of this notice as printed in said newspaper, was printed and published in the regular edition and issue of said newspaper on the following date(s):

Staten Island Advance 06/19/2019, o6/26/2019, 07/03/2019, 07/10/2019

Princip I Clerk of the Publisher

Swom to and subscribed befo me this 10th day of July 2019

N tary ublic

NOTIO OF 5ALE SUPREMECOURTCOUNTYOF RICHMONDAspen Shackleton III, LLC,Plaintiff

AGAINSTMarlon Gordon; et al., Defendant(s) KRISTY CALABRO

Pursuantto a Judgment of Foreclosureand Sale Notary Public, State of New York

duly dated April 30, 2019 I, the undersigned Reg. No. 01CA6354355

Refereewill sell at public auction at the Rich- Qualified in RICHMOND COUNTY

mond County Courthouse, 26 Central Ave., Commission Expires 02/06/2021

Room 111, 5taten Island NY 10301 on July 18, 2019 at 2:00PM, premisesknown as 158 Pond Way, Staten Island, NY 10303. All that certain plot piece or parcel of land, with the buildings and improvements erected, situate, lying and being in the Borough of Staten Island, County of Richmond,City and State of NY, Block 1278 Lot 128. Approximate amount of judgment

$441,920.29 plus interest and costs. Premises will be sold subject to provisionsof filed Judg- ment Index# 135068/2016. Toni Barone, Esq., Referee Shapiro, DiCaro & Barak, LLC Attomey(s) for the Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (877) 430-4792Dated:May 30, 201963660

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND

Aspen Shackleton III, LLC, Index No. 135068/2016

Plaintiff

- against -

AFFIDAVIT OF SERVICE

BY MAIL

Marlon Gordon; Anson Street, LLC; The Board of Directors

of Heron Pond Homeowners Association; City of

New

York Environmental Control Board; City of

New

_York _Parking Violations Bureau; City of

New

Diana Oliva, et al.

Defendant(s)

STATE OF NEW _YORK) COUNTY OF MONROE)

^ss.:

I, Dorothy Daniels, being sworn, say: I

am

not a party to this action; I

am

over 18 years

of age, I reside in Rochester,

New

York.

On

_{, 2019,} I served a Referee's Report of Sale on the following:

Michael J. Motelson, Esq.

109 Winant Place Suite 120

Staten Island,

NY

10309

the address designated for that purpose by deposi6ng a true copy of same eñcleséd in a postpaid,

properly addressed wrapper, in an official depository under, the exclusive care and custody of the

United States Postal Service within the State of

New

York.

12-015893 Affidavit of Service by Mail Page 1 of 2

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Please be advised that no other parties have answered, appeared or are otherwise entitled

to notice of this application.

Date: I

2O/

_C/

orothy

Dalitis"

Foreclosure Assistant

SHAPIRO, DICARO

&

_BARAK,

LLC

Attorneys for Plaintiff

New

York 14624 Telephone: (585) 247-9000 Fax: (585) 247-7380

Sworn to before

me

this

day of

KSt,

²⁰

1.

Notary Pubhe

CHELSEA A.MATLOCK Notary Public, State of New York

No. 01MA6342346 Qualified in Monroe County Commission Expires May 23,

201

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SUPREME COURT

OF THE STATE OF NEW YORK COUNTY OF RICHMOND

Plaintiff,

-VS-

Marion Gordon , et al,

Defendants.

REFEREE'S

REPORT OF SALE

SHAPIRO, DICARO & _BARAK,

LLC

ATTORNEYS FOR PLAINTIFF 175 Mile Crossing Boulevard Rochester,

New

York 14624

(585) 247-9000

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND

Plaintiff(s),

TERMS OF SALE

v. Index No. 135068/2016

Marlon Gordon; Anson Street, LLC; The Board of Directors of Heron Pond Homeowñers Associatioñ, City of

New

Diana Oliva,

Defendant(s).

The Premises, known as 158 Pond Way, Staten Island,

NY

10303 (Block 1278 Lot 128), and described in the advertisement of the sale and in Exhibit

A

annexed hereto, will be sold in one parcel by the Referee, Toni Barone, Esq., upon the following terms:

1. Ten percent of the purchase price for the Premises will be required to be paid for

in cash or by a certified check to the Referee at the time and the place of the sale, and for which a receipt will be given.

2. The balance of said purchase price will be required to be paid in cash or by a

certified check to the Referee at his office at 43

New

_Dorp _Plz, Staten Island,

NY

_10306, on

August 19, 2019, at 10:00 a.m., or any other location agreed to by the referee when the Referee's Deed will be delivered. This sale is "Time of the Essence"

in regard to Purchaser only. The

Referee is not required to send any notice to the Purchaser; and if purchaser fails to call at the time and place above specified to pay the balance of the purchase price and receive the deed, the Purchaser shall be in default. The Plaintiff shall have the option, in its sole discretion and

without leave of court, to: (1) adjourn the closing at the request of the purchaser at which time the purchaser will be charged with interest at the prevailing judgment rate from the original sale

12-015893 Terms of Sale Page 1 of 6

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date (when the final bid was accepted by the referee) through the eventual closing date on the

whole amount of the purchase price as well as assuming responsibility for any and all costs incurred as a result of any adjournment of the closing, or (2) elect to re-schedule the foreclosure sale and the ten percent (10%) deposit given by purchaser to the Referee will be retained by the

Referee and applied to the proceeds of the rescheduled foreclosure.

3. The Purchaser of the Premises, at the time and the place of sale, shall sign a Memorandum of his purchase, and an Agreement to comply with the terms and conditions of the Time is of the Essence sale herein contained, and if a closhg is required and the Referee seeks and is awarded additional fees for said closing, those fees shall be paid by the purchaser.

4. The bidding will be kept open after the premises are struck down, and, in case any purchaser shall fail to comply with any of the above conditions of the sale, the premises so struck down to him will be again put up for sale, under the direction of the Referee, under these same Terms of Sale, without application to this Court (unless the Attomeys for the Plaintiff shall elect to make such application); and, such purchaser will be held liable for any deficiency there may be

between the sum for which the said pra=ises shall be struck down upon the sale, and the price for which the premises may be purchased on the resale, plus any costs or expenses incurred for such

resale, and, upon the purchaser's default, the bid deposit shall automatically be forfeited and applied

to the aforesaid deficiency, if any. Such forfeiture shall not be a waiver of any of the rights of the Plaintiff to seek and obtain damages from the defaulhg Bidder.

5. In case the Plaintiff shall be the purchaser, or in the event that the rights of the purchaser shall be assigned to and be acquired by the Plaintiff, and a valid Assignment thereof filed

with the Referee, the provisions of the Judgment of Foreclosure and Sale entered herein, insofar as

they relate to such a purchase by or Acsignment to the Plaintiff, shall be deemed heluded in these Terms of Sale, with the same force and effect as if fully set forth at length.

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6. The Premises shall be sold in an "as is"

physical conditioñ and subject to:

(a) The terms and provisions of the Judgment of Foreclosure and Sale are

incorporated by reference herein, with the same effect as fully set forth herein;

(b) Any state of facts an accurate Survey would show;

(c) Covenants, restrictions and Easements, if any, of record affecting said mortgaged Premises;

(d) Any violation of record thereof, and to Zoning Regulations and Ordinances of the City, Town, or Village in which said mortgaged Premises lie, and any violations of record thereof, or prior liens, if any;

(e) The rights, if any, of the United States of Americs pursuant to Title 28, Section 2410 of the United States Code;

(f) Any and all tenacies, possessory interests and/or leases affecting said premises whether or not they were made party defendants; and

(g) The rights of any defendants pursuant to

CPLR

_§317,

CPLR

§2003 and

CPLR

_§5015, if any.

7.

No

Abstract of Title, stub search, or survey will be furnished. All Title and/or

Abstract recreation or redating charges are the respor-eibili'y of the Purchaser. All of the expenses of recording the Referee's Deed, including, but not limited to, all of the Deed stamps, transfer taxes, and recording fees, if any, shall be paid for by the Purchaser.

8. The Title Insurance, if any, shall be paid for by the Purchaser. In the event that the Purchaser raises any written objections to the Title, the Plaintiff shall have the option of providiñg Fee Title Insurance from a Title Insurance Company of its choice, ensuring insurable Title. The premium for such a Fee Title Insurance Policy shall be paid for by the Purchaser.

9. At or before the time of making a bid, the Bidder, if other than the Plaintiff, shall

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evlibit to the Referee cash or certified check(s) for at least ten percent (10%) of the amount of the

bid and also identify themselves with name, address, and phone number.

10. Any sums advanced by Plaintiff or its agents after the sale and prior to the recording of the Deed for taxes, inspections, maintenece, preservation, etc., shall be reimbursed to Plaintiff at

the time of the sale by the purchaser of the property.

11. Plaintiff or its assignees shall not be resposible for any damage occurring to the

property after the foreclosure sale.

Dated:

d /

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MEMORANDUM OF SALE

has this date agreed to purchase the Premises

described in the annexed printed advertisement of the sale for the sum of $ •

, for

which a deposit of $ has been received, and hereby promises and agrees to

comply with the terms and conditions of the sale of said Premises, as above-mentioned and set

forth.

Dated:

Purchaser (print name)

Purchaser's signature

Purchaser's Telephone Number

thaser's Email Address

t r's dr : s

(

urchaser'

o uy

Print

N

ne

Attomey's Telephone Number

Attomey's Email Address

(15)

RECEIPT

Received from , the sum of $

being ten percent o the bid for the property sold by

me

under the Judgment in the

abovc-entitled action.

Dated:

7 W

^\

PLAINTIFF'S RECEIPT

The ten percent deposit is waived.

o Esq.,

rint

Name

piro, DiC o

&

Barak,

LLC

Atto s for e Plaintiff

(16)

NOTICE OF SALE

SUPREME COURT COUNTY OF RICHMOND

Aspen Shackleton III, LLC, Plaintiff

AGAINST

Marlon Gordon; et al., Defendant(s)

Room

111, Staten Island

NY

10303. All that certain plot piece or parcel of land, with the t·d!dings and improvements erected, situate, lying and being in the Borough of Staten Island, County of

Rich=end, City and State of NY, Block 1278 Lot 128. Approximate amount of judgment

Shapiro, DiCaro

&

_Barak,

LLC

New

York 14624 (877) 430-4792

Dated:

May

30, 2019

(17)

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND

Index # 135068/2016 Aspen Shackleton III,

LLC

Plaintiff

-against-

AFFIDAVIT OF SERVICE

BY MAIL

Marion Gordon; Anson Street, LLC; The Board of

Directors of Heron Pond Homeowners Association; City of

New

York Transit Adjudication Bureau; Christopher Oliva; Ashley Bethel;

Ernest Randolph; Diana Oliva

Defendant(s)

STATE OF NEW _YORK) COUNTY OF MONROE)

^ss.:

I, Christine Mills, being sworn, say: I

am

over 18 years of

age, I reside in Rochester,

New

York.

On

_July _{8, 2019,} I served a Notice of Sale on the following:

Marion Gordon

352 Pelhamdale Avenue Pelham,

NY

10803

(18)

The address designated by

^said attorney(s) for that

purpose by

depositing a true

copy of same

enclosed

in a postpaid,

properly addressed wrapper,

ⁱⁿ

an

official depository under, the exclusive

care

and custody of

the

United

States Postal Service

within

the State

of New York.

Date: July 8,

2019

Christine Mills

Foreclosure

Paralegal

Shapiro,

DiCaro & _Barak, LLC

Attorneys

for Plaintiff

175 Mile Crossing Boulevard

Rochester,

New York 14624

Telephone: (585) 247-9000 Fax: (585) 247-7380

Sworn before me

this 8th

day of

_July,

2019.

Notary

^Public

CHELSEA

A.

MATLOCK

Notary Public, State of

New

^York

No. 01MA6342346

Qualified in Monroe County

Commission Expires May 23, 20

18 of 22

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND

Index # 135068/2016 Aspen Shackleton III,

LLC

Plaintiff

-against-

AFFIDAVIT OF SERVICE

BY MAIL

Marion Gordon; Anson Street, LLC; The Board of

Directors of Heron Pond Homeowners Associatioñ; City of

New

York Transit Adjudication Bureau; Christopher Oliva; Ashley Bethel;

Ernest Randolph; Diana Oliva

Defendant(s)

STATE OF NEW _YORK) COUNTY OF MONROE)

^ss.:

I, Christine Mills, being sworn, say: I

am

over 18 years of

age, I reside in Rochester,

New

York.

On June/1,

2019, I served a Notice of Sale on the following:

Toni Barone, Esq.

43

New

_Dorp Plz Staten Island,

NY

10306

Marlon Gordon

352 Pelhamdale Avenue Staten Island,

NY

10303

Anson Street,

LLC

99 Washington Avenue Albany,

NY

12231

Christopher Oliva 158 Pond

Way

1st

&

2nd floor

Staten Island,

NY

10303

(20)

Ashley Bethel 158 Pond

Way

1st

&

2nd floor

Staten Island,

NY

10303

Ernest Randolph 158 Pond

Way

Basement

Staten Island,

NY

10303

Diana Oliva 158 Pond

Way

1st

&

2nd floor

Staten Island,

NY

10303

Michael J. Motelson, Esq.

Attorney for the Defendant, The Board of Directors of Heron Pond Homeowners Association, Inc.

109 Winant Place Suite 120

Staten Island,

NY

10309

Current Occupant 158 Pond

Way

Staten Island,

NY

10303

12-015893 Affidavit of Service by Mail Page 2 of3

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The address designated by said attorney(s) for that purpose by depositing a true copy of same

enclosed in a postpaid, properly addressed wrapper, in an official depository under, the exclusive care and custody of the United States Postal Service within the State of

New

York.

Date:

Christine Mills Foreclosure Paralegal

Shapiro, DiCaro

&

Barak,

LLC

Attorneys for Plaintiff

New

York 14624 Telephone: (585) 247-9000 Fax: (585) 247-7380

Sworn

me

this

day o , 2019.

Notary Public

ROBIN M.CELLURA Notar y Public, State of New York

No.01CE6020370 Qualified In Monroe County Commisalon Expires March1,20..

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NOTICE OF SALE

SUPREME COURT COUNTY OF RICHMOND

Aspen Shackleton III, LLC, Plaintiff

AGAINST

Marlon Gordon; et al., Defendant(s)

Room

111, Staten Island

NY

10303. All that certain plot piece or parcel of land, with the buiMings and improvements erected, sid2ate, lying and being in the Borough of Staten Island, County of

Ricb_mond, City and State of NY, Block 1278 Lot 128. Approximate amount of judgment

Shapiro, DiCaro