Improper Submissions

download Improper Submissions

of 30

Transcript of Improper Submissions

  • 8/8/2019 Improper Submissions

    1/30

    SHORT FORM ORDER

    COpY

    SUPREME COURT - STATE OFNEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX NO.2797-2009

    PRESENT:

    I-ION. MELVYN TANENBAUM

    Justice

    WELLS "FARGO BANK, NA,

    -against-

    HARVEY C. SANDERS E1'AL.,

    Plaintiff,

    Defendants.

    MonON #001Mot Adj 1-1%-1'R1D, _

    SfD: _

    PLTF'S/PET'S ATTY:

    STEVEN J. BAUM, P.C.

    P.O. BOX 1291

    BUFfALO, NY 14240-1291

    DEFT'S/RESP'S ATTY:

    HARVEY C. SANDERS

    8 Pleasant Drive

    Setauket, NY

    Upon the following papers numbered i10_read on this motion for an order pursuanllo RPAPL Sec.132l

    ___________ Notice of Mation/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other , (and aRe , heal in!: CO U 1l5e1 it , support II:nd

    oppo5cd to the motion) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders ofreference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for a Judgment of Foreclosure and Saleis adjourned

    until January 18, 2011. On or before this date plaintiff's counsel is directed to submit: 1) an affidavit

    or affirmation from plaintiff"WELLS FARGO's" counsel certifying that all prior submissions were

    accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit or affirmation

    from plaintiffs attorney of record, Steven J. Baum, Esq., certifying that the proposed judgment

    submitted by counsel conforms to the Court's requirements; and 3) a proposed judgment of

    foreclosure and sale in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: November 3, 2010M i :! .. W N T A N E N 6 A U l v l

    J.S.C.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    2/30

    SHORT FORM ORDER INDEX NO.3434-2009

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    HSBC BANK USA, N.A ..

    SUPREME COURT - STATE OF NEW YORK

    [AS. PART XIII SUFFOLK COUNTY

    MOTION#001 /l~ 1- U ;--I/RlD: _

    5/0, _

    -against-

    ELVIS RODRIGUEZ T AL.,

    Plaintiff,

    Defendants.

    PLTF'S/PET"S ATTY:

    STEVEN 1. BAUM, P.C.

    P.O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFT'S/RESP'$ ATTY

    S UL LI VA N P A PA IN B LO C K

    55 Mineola Blvd.

    Mineola, NY

    Upon the following papers numbered 1 to _read on this motion for an order pursuant to RPAPI. Sec.1321

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; ( l1nd: after heal jug eOtlllsel ill StlppOl'talld

    opposed to the ilJot;OIl~ it is,

    This Court has repeatedly directed plaintiffs counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiffs application for an Order of Reference is adjourned until January

    18, 201 L On or before this date plaintiffs counsel is directed to submit: 1) an affidavit or

    affirmation from plaintiff "HSBC BANK's" counsel certifying that all prior submissions were

    accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit or affirmation

    from plaintiffs attorney of record, Steven 1.Baum, Esq., certifying that the proposed order submitted

    by counsel conforms to the Court's requirements; and 3) i t proposed order of reference in proper

    form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: November 3, 2010IJieLWN TANEN6AiJM

    JS.Cwww .S top

    Forec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    3/30

    SHORT FORM ORDER

    COpyINDEX NO.S347-2009

    PRESENT:

    H ON M EL VY N T AN EN BA UM

    Justice

    us RANK N.A.,

    SUPREME COURT -STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    MOTION #Otg l\C>zJ 1-18-/1RJD: _

    SIO: _

    -against-

    MARIA A. OSORTQ ET AL.,

    Plaintiff,

    Defendants.

    PLTF'S/PET'S ATrY:

    STEVEN J. BAUM, P.c.

    P.O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFT'SJRESP'S A'ITY:

    MARIA A. OSORTO

    165 Thomas Street

    Brentwood, NY 117! 7

    Upon the following papers numbered 1 to _fead on this motion for an order pursuant to RPAPL Sec.132J

    ___________ Notice of Mation/Order to Show Cause and supportingpapers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers -Replying

    Affidavits and supporting papers Other ; (~nd lI:ftel l,earing eoullsel i l l !appoIt tmd

    opposed to tile nlotion) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiffs application for a Judgment of Foreclosure and Sale is adjourned

    until January IS, 2011. On or before this date plaintiffs counsel is directed to submit: I) an affidavit

    or affirmation from plaintiff "US BANK's" counsel certifying that all prior submissions were

    accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit or affirmation

    from plaintiff's attorney of record, Steven J. Baum, Esq., certifying that the proposed judgment

    submitted by counsel conforms to the Court's requirements; and 3) a proposed judgment of

    foreclosure and sale in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: November 3, 2010

    J.S.c.www .S top

    Forec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    4/30

    S!-IORT FORM ORDER

    SUPREME COURT - STATE OF NEW YORK

    [AS. PART XIII SUFFOLK COUNTY

    INDEX NO. I3588-2009

    PRESENT:

    !-ION_MELVYN TANENBAUM

    Justice

    WELLS FARGO BANK NA,

    -against-

    REGINA R. FLOWERS ET AL,

    Plaintiff,

    Defendants,

    MOTION #001 A - n . : r 1-'8'-11R lD o _

    SIO _

    PI,TF'S/PET'S ATTY:

    STEVEN J. BAUM, P.c.

    P.O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFT'S/RESP'S ATTY:

    Upon the following papers numbered I to _read on this motion for an order pursuant to RPAPL Sec.132]

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supponing papers Other ; (alid aftel 1Iel1liligCOUliSel ill ~ctpPOlt !llid

    tlPPo~t:d to the lilotiolI) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fTomnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiffs application for an Order of Reference is adjourned until January

    18,2011. On or before this date plaintiff's counsel is directed to submit: 1) an affidavit or

    affirmation from plaintiff"WELLS FARGO BANK's" counsel certifying that all prior submissions

    were accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit or

    affirmation from plaintiffs attorney of record, Steven .J . Baum, Esq., certifying that the proposed

    order submItted by counsel conforms to the Court's requirements; and 3) a proposed order of

    reference in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: November 3, 2010M E lV Y N " 1'A N E N B AU M

    J.S.c.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    5/30

    C O P Y

    SHORT FORM ORDER INDEX NO.14199-2009

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    MOTJON#OOI llDJ"I-IS-II

    RJD: _

    S ID : _ _

    PRESENT:

    I-ION MELVYN TANENBAUM

    Justice

    US RANK N.A,

    -against-

    Plaintiff,

    PLTF'$/PET'S ATTY:

    STEVEN 1. BAUM, P.c.

    P.O. BOX 1191

    BUFFALO, NY 14240-1291

    JOSE A. HERNANDEZ ET AL.,

    Defendants.

    DEFT' SIR ESP'S AlTY:

    JOSE A. HERNANDEZ

    11 Belgrave Avenue

    Bay Shore, NY 11706

    Upon the following papers numbered 1 to _read on this motion for an order pursuant to RPAPL Sec.1321

    Notice of Motion/Order to Show Cause and supporting papers __ Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers .Replying

    Affidavits and supporting papers Olher; (and linel he~l jn~ COUll5d in ~upport lI:!ld

    opposed to the motion) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fyomnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for an Order of Reference is adjourned until January

    18,2011. On or before this date plaintiffs counscl is directed to submit: t) an affidavit or

    affirmation from plaintiff"US BANK's" counsel certifying that all prior submissions were accurate

    and correct in the underlying mortgage foreclosure action; 2) an affidavit or affirmation from

    plaintiffs attorney ofrecord, Steven 1. Baum, Esq., certifying that the proposed order submitted by

    counsel conforms to the Court's requirements; and 3) a proposed order of reference in proper form,

    and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked oifthe active calendar by the Clerk oftbe Court.

    Dated: November 3, 2010" J ia . \'V N T A N E N B A U M

    l .S .Cowww .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    6/30

    S1l0RT FORM ORDER

    COpy

    SUPREME COURT - STATE OF NEW YORK

    lAS. PART XIlI SUFFOLK COUNTY

    INDEX NQ.24491-2008

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    AURORA LOAN SERVICES LLC,

    -againsl-

    JOSEPHINE DEMAR ET AL,

    Plaintitl

    MOTION #001 AbT ,- i8-1}RJD _

    SID: _

    PLTF'S/PET'$ AlTY:

    STEVEN J. BAUM, P.C.

    P.O. BOX 1291

    BUFFALO, NY 14240-1291

    DeFendants.

    DEFT'S/RESP'S ATTY:

    JOSEPHINE DEMAR

    8 Pepi Court

    Hampton Bays, NY

    Upon the following papers numbered I to _read on this motion for an order pursuant to RP APL Sec. 1321

    ___________ Notice of Motion/Order to Show Cause and supporting p apers __ ; Notic e of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; (al,d aftel heal ing eotllisel ill 3UPPOIt !l:lid

    opposed to tile IllotiolJ) it is,

    This Court has repeatedly directed plaintiffs counsel to submit proposed orders of reference

    andjudgrnents offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiff's

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiffs application for a Judgment of Foreclosure and Sale is adjourned

    until January 18,2011. On or before this date plaintiffs counsel is directed to submit: 1) an affidavit

    or affirmation from plaintiff "AURORA LOAN SERVICES's" counsel certifying that all prior

    submissions were accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit

    or affirmation from plaintiffs attorney of record, Steven J. Baum, Esq., certifying that the proposed

    judgment submitted by counsel conforms to the Court's requirements; and 3) a proposed judgment

    of foreclosure and sale in proper [arm, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: November 3, 2010M E L V Y N T A N E N B A U M

    J.se.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    7/30

    SHORT FORM ORDER

    COpy

    SUPREME COURT - STATE OF NEW YORK

    IAS. PART XIII SUFFOLK COUNTY

    INDEX NO.24749-2008

    PRESENT:

    H U N, M E LV YN T A NE N I3 AU MJustice

    BANK OF AMERICA N.A.,

    -againsl-

    MICHAEL F. DALY ET AL.,

    Plaintiff,

    Defendants.

    MOTION #00 I "l).T 1-18- I ,

    R!D:__ ~ __ SID:~__ ~_

    PLTF'S/PET'S A1TY:

    STEVEN J. BAUM, P.c.

    P.O, BOX 129]

    RUFFALO, NY 14240-1291

    DEFT'S/RESP'S ATIY:

    MICHAEL F. DALY

    283 Ferry Road

    Sag HarbQr, NY 11963

    Upon the following papers numbered 1 to _read on this motion for an order pursuant to RPAPL SeC.l321

    _______ ~ .Notice of Motion/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers _~ __ A nswering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; (ll:ud aRc! hall lu g C

  • 8/8/2019 Improper Submissions

    8/30

    SHORT FORM ORDER

    ~OpyINDEX NO.28564-2008

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    SUPREME COURT - STATE OF NEW YORK

    IAS. PART XIII SUFFOLK COUNTY

    MOTION #002 At>TH8- IIRlD: _

    5/0: _

    us BANK N.A.,

    Plaintiff,

    -agninst-

    ANDREA E. CANNA VINA ET AL.,

    Defendants.

    PLTF'S/PET'S ATTY:

    STEVEN 1. BAUM, P.C.

    P.O. BOX 1291

    BUFFALO, NY 14240-\291

    DEFT'S/RESP'S An-y:

    ANDREA E. CANNA VINA

    1 1 W cst 16th Street

    Huntington Station, NY 11746

    Upon the following papers numbered 1 to _read on this motion for an order pursuant to RPAPL Sec.1321

    ___________ Notice of Motion/Order t o Show Cause and supporting papers __ > Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; (and liRe! heal iug COtlil~e1 ill StlPP0l't lllid

    ~pposcd 1

  • 8/8/2019 Improper Submissions

    9/30

    SHORT FORM ORDER

    COpy

    SUPREMIC COURT - STATIC OF NEW YORK

    IAS. PART XIII SUFFOLK COUNTY

    INDEX N0,35384-2009

    PRESENT:

    HON MELVYN TANENBAUM

    Justice

    DEUTSCHE BANK NATIONAL TRUST CO.,

    Plaintiff,

    -agamst-

    DANIEL I-IAYNES ET AL.,

    Defendants.

    MOTION #001 hl5S 1-15'11

    R/D: _

    SID : _

    PLTr'S/PET'S ATTY-

    STEVEN J BAUM, PC,

    P.O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFT'S/RESP'S ATTY

    Upon the following papers numbered 1 to _read on this motion for an order pursuant to RPAPL Sec.1321

    ___________ Notice of Mation/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Olher ; (ltlid after lint! ill/:>eOtil,sel ill $tlpptJl"t and

    opposed to the lliotiolJ) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders of reference

    andjudgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the COM and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for an Order of Reference is adjourned until January

    18, 2011. On or before this date plaintiff's counsel is directed to submit 1) an affidavit or

    affirmation horn plaintiff"DEUTSCHE BANK's" counsel certifying that all prior submissions were

    accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit or affirmation

    from plamtifrs attorney of record, Steven J. Raum, Esq., ceJiifying that the proposed order submitted

    by counsel conforms to the Court's requirements; and 3) a proposed order of reference in proper

    form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: November 3, 2010 MEDrtN T.t\NENBt>,UM

    J.S C.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    10/30

    COpy

    SHORT FORM ORDER INDEX N0.37004-2009

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    MOTION U002.Mot Adj /-18-1/RID _

    SID:

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    WELLS FARGO BANK, N.A.,

    -against-

    Plaintiff,

    PLTF'S/PET'S ATTY:

    STEVEN J BAUM, P.c.

    P.O. BOX 129\

    BUFFALO, NY 14240-1291

    RAFAEL TAVERAS ET AL.,

    Defendants.

    DEFT'S/RESP'S ATTY:

    RAFAEL TAVERAS

    86 Maple Drive

    Amityville, NY 1170 I

    Upon the following papers numbered I to _read on this motion for an order pursuant to RPAPL Sec.1321

    ___________ Notice of Motion/Order t o Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers .Answering Affidavits and supporting papers .Replying

    Affidavits and supporting papers Other ; (tI:nd aftcl hCi!l1iug eOtlll3el in ~t1ppon alid

    opposed tl"l the lIlotiem) it is,

    This Court has repeatedly directed plaintiffs counsel to submit proposed orders of reference

    andjudgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDEREJ) that plaintifrs application for a Judgment offoreclosure and Sale is adjourned

    until January 18,2011. On or before this date plaintiffs counsel is directed to submit: l) an affidavit

    or affinnation from plaintiff"WELLS FARGO's" counsel certifying that all prior submissions were

    accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit or affirmation

    from plaintiff's attorney of record, Steven 1. Baum, Esq., certifying that the proposed judgment

    submitted by counsel conforms to the Court's requirements; and 3) a proposed judgment of

    foreclosure and sale in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    M E L V Y N T A N E N BA U MDated: November 3, 2010

    l.S.Cowww .S top

    Forec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    11/30

    SHORT FORM ORDER INDEX NO.37680-2009

    PRESENT:

    HON. MELVYN TANENDAUM

    Justice

    ONEWEST BANK FSB,

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    MOTION #001 AI}:) 1-11?-IIRID , _

    SIO, _

    -agaillst-

    ROBERT GARNER E1' AL.,

    Plaintiff,

    Defendants.

    PLTF'SfPET'S ATTY:

    MCCABE, WEISBERG & CONW/\ Y

    145 Huguenot Street, Suite 499

    New Rochelle, NY 1080 I

    DEFT'S/RESP'$ ATTY:

    Upon the following papers numbered] to _read on this motion for an order pursuant to RPAPL Sec.1321

    ___________ Notice of Marion/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Rcplying

    Affidavits and supporting papers Orher ; (and alte, !leming eoullse1 ill suppon 1I1ld

    opposed to the 1llotiol1) it is,

    This Court has repeatedly directed plaintiffs counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submiUing improper and inadequate submissions.Accordingly it is

    ORDERED that plaintiff's application for an Order of Reference is adjourned until January

    18,2011. On or before this date plaintiff's counsel is directed to submit: 1) an affinl1ation in

    compliance with the Order ofthc Chief Judge dated October 20, 2010; 2)ao affidavit or affirmation

    from plaintiff"ONEWEST BANK's" counsel certifying that all prior submissions were accurate and

    correct in the underlying mortgage foreclosure action; 3) an affidavit or affirmation from plaintiff's

    attorneys of record, MCCABE, WEISBERG & CONWAY certifying that the proposed order

    submitted by counsel conforms to the Court's requirements; and 4) a proposed order of reference in

    proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk o[the Court.

    Dated: November 3, 2010MEL\I'/NTANENBAUM

    JSCwww .S top

    Forec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    12/30

    SHORT fORM ORDER

    c o P Y

    SUPREME COURT - STATE OFNEW YORK

    I.A.s. PART XIII SUFFOLK COUNTY

    INDEX NO.428 I7-2009

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    W E LL S F AR GO B AN K N ,A ..

    ~against-

    ELIZABETH HAMEL ET AL.,

    Plaintiff,

    Defendants.

    MOTION #001 An:} 1-'8~IIRlD' _

    S ID " o _

    PI;rF'S/PET'S ATTY.

    STEVEN J. BAUM, P.c.

    P.O. BOX ]291

    BUFFALO, NY 14240-1291

    DEFT'SIRESP'S An"Y:

    Upon the following papers numbered I to _read on this motion for an order pursuant to RPAPL Sec.132l

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and Suppol11ngpapers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other _ __; (and I'lfkl I ,e", illg eouli~el ill suppal! ti:nd

    opposed 10tile lIlOljOIl) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiff's

    counsel's actions to be an intentional failure to comply with the directions of the Cornt and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plamtiff's application for an Order of Reference is adjourned until January

    18, 2011. On or before this date plaintiffs counsel is directed to submit: 1) an affidavit or

    affirmation from p[aintiff"WELLS FARGO BANK's" counsel certifying that all prior submissions

    were accurate and correct in the underlying mortgage foreclosrne action; 2) an affidavit or

    affirmation from plaintiff's attorney of record, Steven 1. Bau111,Esq., certifying that the proposed

    order submitted by counsel conforms to the Court's requirements; and 3) a proposed order of

    reference in proper fOfm, and it is further

    ORDERED that upon failrne of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: November 3, 20 J 0

    lSCwww .S top

    Forec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    13/30

    SHORT FORM ORDER

    COpy

    SUPREME COURT - STATE OF NEW YORK

    IAS. PART XIII SUFFOLK COUNTY

    INDEX N0.43016-20c#f

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    WELLS FARGO BANK N.A.,

    -against-

    FRJ\NCISCO HUEZO ET AL.,

    Plaintifj~

    Defendants.

    MOTION#002 AbJ , - (

  • 8/8/2019 Improper Submissions

    14/30

    COpySHORT FORM ORDER INDEX N0,4361 0-2009

    SUPREME COURT - STATE Ot' NEW YORK

    I.A.S.PART XJJJ SUFFOLK COUNTY

    MOTION #002 Atif 1-/iS - /IRlD: _

    SIO: _

    PRESENT

    HON. MCLV'{N TANENBAUM

    Justice

    AURORA LOAN SERVICES LLC,

    -against-

    Plaintit{

    PLTF'S/PET'S ATTY:

    STEVEN 1. BAUM, P.C.

    P.O. BOX 129]

    BUFFALO, NY 14240-1291

    GREGORY PUNDA E1' AI.,.,

    Defendants.

    DEFT'S/RESP'S ATTY

    GREGORY PUNDA

    158 Cambridge Drive

    Port Jefferson Station, NY 11771

    Upon the following papers numbered I to _read on this motion for an order pursuant to RPAPL Sec.1321

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ , Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other , (ltlld Il:fl:et ItC

  • 8/8/2019 Improper Submissions

    15/30

    SHORT FORM ORDER

    coP'i

    SUPREMJ;: COURT - STATE OF NEW YORK

    LA.S. PART xrn SUFFOLK COUNTY

    INDEX N0,49718-2009

    PRESENT:

    HON. MELVYN TANENBAUMJustice

    HSBC BANK USA, NA,

    -against-

    KENNETH S. OAVIS ET AL.,

    Plaintiff,

    Defendants.

    MOTION ff002 4"'" /-Ilr' IiRJD: _

    5/0: _

    PLTF'S/PET'S ATTY:

    STEVEN J..BAUM, P_c.

    P.O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFT'S!RESP'S ATTY:

    KENNETH S_OAVIS

    17 Teller Avenue

    Coram, NY 11727

    Upon the following papers numbered I to _read on this motion for an order pursuant to RPAPL Sec. I321

    ___________ Notice of Mati on/Order to Show Cause and supporting p apers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; (ami .,.fiel hUll iug Cf'lIn$e1 ill StlppOrl: and

    opposed to the n,orion) it is,

    This Court has repeatedly directed plaintiffs counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for an Order of Reference is adjourned until January

    18, 2011. On or before this date plaintiffs cQunsel is directed to submit: 1) an affidavit or

    affirmation from plaintiff "I-ISBC BANK's" counsel certifying that all prior submissions were

    accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit or affirmation

    from plaintiff's attorney of record, Steven J. Baum, Esq., certifying that the proposed order submitted

    by counsel conforms to the Court's requirements; and 3) a proposed order of reference in proper

    form, and it is further

    ORDERED that upon failure of counsel to, comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: November 3, 2010MElVYN TANENBAUM

    .r.s .c .www .S top

    Fo rec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    16/30

    SHORT FORM ORDER

    cop y

    SUPREME COURT STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX NO.6653-2009

    PRESENT:

    H ON MELV YN TAN EN BA UM

    Justice

    AMERICAN HOME MORTGAGE SERVICING, fNC.,

    Plaintifl:

    -against-

    TONI-ANNE CARULLI ET AL.,

    Defendants.

    MOTION fi002

    RID:-----

    S/D- _

    PLTF'S/PET'S AITY:

    STEVEN 1. BAUM, P.c.

    P.O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFT'S/RESP'S AITY:

    TONI-ANNE CARULLJ

    54 West 20d Street

    RonkonkolllJ, NY 11779

    Upon the following papers numbered 1 to _read on this motion for an order pursuant to RPAPL Sec.1321

    ___________ Notice of Mation/Order to Show Cause and supporting papcrs __ , Notice of Crass

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other , fanthtftet Iie

  • 8/8/2019 Improper Submissions

    17/30

    SHORT FORM ORDER

    COPY

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX NO.7013-2010

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    THE BANK OF NEW YORK MELLON,

    Plaintiff,

    -against-

    MARK GUERRA ET AL.,

    Defendants.

    MOTION #001RID: _

    S/D: _

    PLTF'S/PET'S ATTY:

    STEVEN 1. BAUM, P.C.

    P.O. Box 1291

    Buffalo, NY 14240-1291

    DEFT'S/RESP'S ATTY'

    MARK GUERRA

    ]92 Madison Street

    Mastic, NY 11950

    MElWNTANENBAUM

    Upon the following papers numbered I to _read on this motion for an order pursuant to RPAPL Sec.1321

    ___________ Notice of Motion/Orderto Show Cause and supporting papers __ , Notice of Crass

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; (find "Iter hearing eoUMeI ill~Upptlll i!lld

    opposed to the 1'M otion) it is,

    This Court has repeatedly directed plaintiffs counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court from

    non-attorney employees with improper and inadequate submissions. The Court deems plaintiffscounsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiffs application for an Order of Reference is adjourned until

    December 9, 2010. On or before this date plaintiffs counsel is directed to submit: 1) an affidavit

    or affirmation from plaintiff"THE BANK OF NEW YORK MELLON's" counsel certifying that all

    prior submissions were accurate and correct in the underlying mortgage foreclosure action; 2) an

    affidavit or affirmation from plaintiffs attorneys of record, STEVEN 1. BAUM, ESQ., certifying

    that the proposed order of reference submitted by counsel conforms to the Court's requirements; and

    3) a proposed order of reference in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: October 14, 2010

    J.S.c.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    18/30

    SHORT FORM ORDER

    cOPY

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX NO.8l] 0-2008

    PRESENT:

    H O N. M E LV Y N T A NE N BA U M

    Justice

    CHASE HOME FINANCE, LLC.,

    -against-

    JAY COHEN ET AL,

    Plaintiff:

    Defendants.

    MOTION fl0021 < .1 0 : _

    S!D: _

    PLTf'S/PET'S ArTY:

    STEVEN J 8AUM, P.C.

    P _O _ B OX 1 29 1

    BUFFALO, NY 14240-1291

    DEFT'S/RESP'S ATTY

    lAY COJ-[EN

    6 Samnscl Raall North

    Amityville, NY 11701

    Upon the following papers numbered 1 to _read on this motion for an ol"d(l" purSU311t to RPAPt SeC.1321

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ ; Notice aferas.'>

    Motion and SuppOliing papers Answering Affidavits and supporting papers ~Rcplying

    Affidavits and supporting papers Other , (tmthtftet liedl ilt::>eotJmel ill ~tlPPOI11l1Id

    oppo.,ed to tIle l'IOtiol1) it is,

    This Court has repeatedly directed plaintiffs counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously' failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments \vhich would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiff's

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for a Judgment ofForcclosurc and Sale is adjourned

    until December 9, 2010. On or before this date plaintiff's counsel IS directed to submit: 1) an

    affidavit or affirmation from plaintiff "CHASE HOME FINANCE, LLe's" counsel certifying that

    all prior submissions \vere accurate and correct in the underlying mortgage foreclosure action; 2) an

    affidavit or affirmation from plaintiff's attorney of record, Steven 1. Baum. Esq., certifying that the

    proposed judgment submitted by counsel conforms to the Court's requirements; and 3) a proposed

    judgment of foreclosure in sale in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: October 13.2010

    J.S.c.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    19/30

    SHORT FORM ORDER

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX NO.I0436~2009

    PRESENT:

    HON. MELVYN TANENBAUMJustice

    'WELLS FARGO BANK, N.A.,

    ~against

    MICHELE CHESTER ET AL.,

    Plaintiff,

    Defendants.

    I'dOTION #003

    RiD: _S/D' _

    PLTF.'S/PET'S ATTY:

    STEVEN J _ BAUM, P.c.

    P.O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFT'SIRESP'-S ATTY:

    MICHELE CHESTER

    42 HolllIes StreetSayville, NY 11782

    Upon the following papers numbered 1 to _,,"ead on this motion for an order pursuant to RPAPL Sec.] 321

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers .Answering Affidavits and supporting papcrs ~ ,Replying

    Affidavits and supporting papers Other ; (trnd-1tflC, iteM illg counsel in 5Uppo,t aiid

    opposed to tlte ",otion) it is,

    This Court has repeatedly directed plaintiff's counsel to submil proposed orders of reference

    ~d judgments offoreclosure in proper form and counsel has cominuouslyfailed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court from

    non-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with lhe directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for a Judgment of Foreclosure and Sale is adjourned

    until December 9, 2010. On or before this date plaintiff's counsel is directed to submit 1) an

    affidavit or affirmation from plaintiff "WELLS FARGO's" counsel certifying that all prior

    submissions were accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit

    or affirmation from plaintiffs attorney of record, Steven J. Baum. Esq .. certifying that the proposed

    judgment submitted by counsel conforms to the Court's requirements: and 3) a proposed judgment

    of foreclosure in sale in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Orderthis action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: October 15, 2010M E L V Y N 1 f i, N E N B A ll l v ,

    J.S.c.www .S top

    Forec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    20/30

    S HO RT F OR M O RD ER

    C O P Y

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUHOLK COUNTY

    INDEX NO. 12037-2009

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    WELLS FARGO BANK, N.A.,

    -against-

    WOON A.E. KIM ET AL,

    Plaintiff,

    Defendants.

    MOTION /f002

    RlD: _

    SID:__ ~ __

    PLTF'S/PET'S ATTY:

    STEVEN 1. BAUM, P.c.

    P.O, BOX 1291

    BUFFALO, NY 14240~1291

    DEFT'S/RESP'S ATTY:

    WOON A.E. KIM

    525 Cakdonia Road

    D ix H il ls , N Y I 1 74 6

    Upon the following papers numbered 1 to _fcad on this motion for an order pllrsuant to RPAPL Sec.1321

    ___________ Notice of Motion/Orderto Show Cause and supporting papers __ ; Notice of Cross

    MOlion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and sUPPOlting papers Other ; (auJ aftci litaJ iug counsel ill supptll1 Itlid

    opptlscd to tlie niotitm) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court from

    non-attorney employees with improper and inadequate submissions. The Court deems plaintiff's

    cOlUlsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiffs application for a Judgment of Foreclosure and Sale is adjourned

    until December 9, 2010. On or before this date plaintiff's counsel is directed to submit: 1) an

    affidavit or affirmation from plaintiff "WELLS FARGO's" counsel certifying that all prior

    submissions were accurate and correct in the underlymg mortgage foreclosure action; 2) an anidavit

    or affirmation from plaintiff's attorney of record, Steven 1. Baum, Esq., certif)'ing that the proposed

    judgment submitted by counsel conforms to the Court's requirements; and 3) a proposed judgment

    of foreclosure in sale in proper fOlm, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: October 13,2010M E L V Y N T A N E N B A U M

    J .s .c .www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    21/30

    SHORT FORM ORDERCOpy

    SUPREME COURT -STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX NO.15475~2009

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    US BANK, NA,

    -against-

    THOMAS KOSAK ET AL.,

    Plaintiff,

    Defendants_

    )'vl0TION #001RIO: _

    S,f): _

    PLTF'S/PET'S ATTY

    STEVEN.I BAUM, P.c.

    P.O. Box 1::91

    Buffalo. NY 14240-1291

    DEFT'S/RESP'S A1TY:

    THOMAS KOSAK

    105 West I'nrkview Drive.

    Shirley, NY I 1967

    Upon the following papers numbered 1 to _read on this motion for an on.lcr pursuant to RPAPL See 1321

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ : Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers .Replying

    Affidavits and supporting papers Other ; {:arttl-ltflCl l,ell, iug eouMd in support llnd

    opposed to the lllotio,l) it is,

    This Court has repeatedly directed plaintiffs counsel to submil proposed orders of reference

    andjudgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the COUl}. from

    non-attorney employees 'with improper and inadequate submissions. The Court deems plaintiffscounsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for an Order of Reference is adjourned until

    December 9, 2010. On or before this date plaintiff's counsel is directed to submit: I) an affidavit

    or afflrmation from plaintiff "US BANK's" counsel certifying that all prior submiSSIOns were

    accurate and correct in the underlying mortgage foreclosure action: 1) an affidavit or affirmation

    from plaintiffs attorneys of record, STEVEN J. BAUM, ESQ .. certifying that the proposed order

    of reference submitted by counsel conforms to the Court's requirements; and 3) a proposed order of

    reference in proper form. and it is further

    ORDERED that upon failure of counsel to comply with Ihis Order this action shall be

    marked off the active calendar by the Clerk of the Coun.

    Dated: October 14,2010fJiELVffl lANENBAUM

    J.S.c.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    22/30

    SHORT FORM ORDER COpy

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX NO.I7205-2009

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    AURORA LOAN SERVICES, LLC,

    Plaintiff,

    -against-

    LEONARDO VICENTE III ET AL,

    Defendants.

    MOTION #002RlD: _

    S/D: _

    PLTF'SfPET'S ATTY:

    STEVEN 1. BAUM, P.c.

    P.O. BOX 1291

    BUFFALO, NY ]4240-1291

    DEFT'S/RESP'S AlTY:

    LEONARDO VICENTE III

    162 Caldwell Avenue

    SI. James, NY 11780

    Upon the following papers numbered 1 to _read on this mOlion for an order pursuant to RPAPL Sec.1321

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ , Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Olher ; (ltlld aAe. licit, illg eoullsel ill 3Upp0l1 alid

    opposed to the lilOlioll) it is,

    This Court has repeatedly directed plaintif-rs counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so-.The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court from

    non-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiffs application for a JudgmentofForcclosure and Sale is adjourned

    until December 9, 2010. On or before this date plaintiffs counsel is directed to submit: 1) an

    affidavit or affirmation from plaintiff"AURORA LOAN SERVICES, LLC's" counsel certifying that

    all prior submissions were accurate and correct in the underlying mortgage foreclosLlIe action; 2) an

    affidavit or affirmation fTomplaintiff s attorney of record, Steven 1. BaLlm,Esq., certifying that the

    proposed judgment submitted by counsel conforms to the Court's requirements; and 3) a proposed

    judgment of foreclosure in sale in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court. MelVYN TANENBAUM

    Dated: October 13. 2010

    J.S.c.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    23/30

    SHORT FORM ORDER

    C O P Y

    SUPREME COURT - STATE OF NEW YORKIAS. PART XIII SUFFOLK COUNTY

    i%55/ D'lINDEX NO.z791I 1888

    PRESENT:

    HON MELVYN TANENBAUM

    Justice

    US BANK NA,

    -againsl-

    RAFAEL VALDE$PINO ET AL.,

    Plaintiff,

    Defendants.

    MOTION #002R/D:~ _

    SiD:-----

    PLTF'S/PET'S Arrv:

    STEVEN J. BAUM. P.C.

    P.O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFT'SJRESP'$ ATIY:

    RAFAEL VALDESPINO

    72 Wiltshitc Street

    Southampton, NY 11968

    Upon the following papers numbered I to _read on this m O lion fo r an order pursuant to RPAPL Sec.1321

    ___________ Notice of Mati on/Order to Show Cause and supporting p apcrs __ ; Notice of Cross

    Morion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; fltnd-ttfICi liC

  • 8/8/2019 Improper Submissions

    24/30

    SHORT FORM ORDER

    C O P 'V

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX N0.21739-2008

    PRESENT:

    HON. MELVYN TANENBAUM

    Juslice

    COUNTRYWIDE HOME LOANS, INC.,

    Plaintiff,

    -against-

    ARNOLDO MARTINEZ ET AL.,

    Defendants.

    MOTION #002RlD: _

    SID: _

    PLTF'$/PET'S kITY:

    STEVEN J _ BAUM, P.c.

    P.O. BOX 1291

    BUFFALO. NY 14140-1291

    DEFT'SfRESP'S ATTY:

    ARNOLDQ MARTINEZ

    214 Bark 1\venue

    Central Islip, NY 11722

    Upon the following papers numbered I to _fead on this motion for an order pursuant to RPAPL Sec.132!

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ , Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; fttm.htft~rilig ("alloSe!illsupport and

    oppt'lsed to tlie illotioil) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously j~\jledto do so. The Court

    provided counsel's office directly with copies of orders and judgments \'vhich would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court from

    non-attorney employees with improper and inadequate submissions. The Court deems plaintifrs

    counsel's actions to be an intentional failure to comply with the directIons of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for a Judgment of Foreclosure and Sale is adjourned

    until December 9, 2010. On or before this date plaintiffs counsel is directed to submit: 1) an

    affidavit or affirmation from plaintiff "COUNTRYWIDE HOME LOANS, INC.'s" counsel

    certifying that all prior submissions were accurate and correct in the underlying mortgage foreclosure

    action; 2) an affidavit or affirmation from plaintiffs attorney of record, Steven J. Baum, Esq.,

    certifying that the proposed judgment submitted by counsel conforms 10 the Court's requirements;

    and 3) a proposed judgment of foreclosure in sale in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    M ELVYN TAN E: N 6AU M

    Dated: October 13,2010

    J.S.c.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    25/30

    SHORT FORM ORDER

    SUPREME COURT - STATE OF NEW YORK

    LA.S. PART XlII SUFFOLK COUNTY

    INDEX NO.22S36-200S

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    THE BANK OF NEW YORK,

    -against-

    GARY LEE BROWN T AL.,

    Plaintiff,

    Defendants.

    MOTION #003 R/D: _

    SID:

    PLTF'SfPET'S AllY:

    STEVEN 1. BAUM, P.C.

    P_O. Box 1291

    Buffalo, NY 14240-1291

    DEFT'S/RESP'S ATTY:

    G AR Y L EE B RO W N

    54 Casement Avenue

    Central Islip, NY 11722

    Upon the following papers numbered I to _read on this motion for an order pursuant to RPAPL Sec.1321

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and ~upporting papers Other ; (and "Itel hCIUillg ee.ull~el in !tlpptllt aile!

    opposed to the lltotion) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court from

    non-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiffs application for an Order of Reference is adjourned until

    December 9, 2010. On or before this date plaintiff's counsel is directed to submit: 1) an affidavit

    or afftrrnation from plaintiff "THE BANK OF NEW YORK's" counsel certifying that all prior

    submissions were accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit

    or affirmation from plaintiffs attorneys of record, STEVEN 1. BAUM, ESQ., certifYing that the

    proposed order of reference submitted by counsel conforms to the Court's requirements; and 3) a

    proposed order of reference in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated: October 14,2010M E L V Y N TANENBAUM

    J.SC.www .S top

    Forec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    26/30

    SHORT FORM ORDER

    COPY

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX NO.26648-2009

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    WELLS FARGO BANK, N.A..

    -against-

    ROBERT R. GOLDER E1'AL.,

    Plaintiff,

    Defendants.

    MOTION #002RlD, _

    SJD, _

    PLTF'S/PET'S ATTY:

    STEVEN J. BAUM, P.C.

    P.O. BOX 1291

    BUFFALO. NY 14240-1291

    DEFT'S/RESP'S An'Y:

    ROBERT R. GOLDER

    1457 Lincoln Boulevard

    Bay Shore, NY 11706

    Upon the following papers numbered 1 to _read on this motion for an order pursuant to RPAPL See.1321

    ___________ Notice of Mati on/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Aflidavits and supporting papers Other ; (Illid afie, hetn ing eOlliisel in WppOi t slid

    opposed to the liiOlioli) it is,

    This Court has repeatedly directed plaintiff's counsel to submit proposed orders of reference

    and judgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for a Judgment of Foreclosure and Sale is adjourned

    until December 9, 2010. On or before this date plaintiffs counsel is directed to submit: I) an

    affidavit or affirmation from plaintiff "WELLS FARGO's" counsel certifying that all prior

    submissions were accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit

    or affirmation from plaintiff's attorney of record, Steven J. Baum, Esq., certifying that the proposed

    judgment submitted by counsel conforms to the Court's requirements; and 3) a proposed judgment

    of Coredosurc in sale in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    Dated, October 12,2010~WNTANENB",UM

    JSC.www .StopF

    orec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    27/30

    SHORT FORM ORDER

    COPY

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART Xlil SUFFOLK COUNTY

    INDEX NO.27921-2008

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    MIDFIRST BANK,

    -against-

    JOEL L. OSPINO ET AL.,

    Plaintiff:

    Defendants.

    MOTION #002

    RID. _

    S/D: _

    PLTF'S/PEl'S ;\TTY:

    STEVEN J. BAUM. P,C,

    P,O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFT'S/RESP'S i\TTY:

    JOEL LOSPINO

    39 Ash Street

    Central Islip, NY [1722

    Upon the following papers numbered 1 to _read 011 this motion for an order pursuant to RPAPL Sec, 1321

    ___________ Notice of Motion/Order to Show Cause and supporting papers __ , Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; (jmd-Ittk, he". ill,? tOdltlt! ill $t1ppOlt

  • 8/8/2019 Improper Submissions

    28/30

    SHORT FORM ORDER

    CO P Y

    SUPREME COURT - STATE OF NEW YORK

    (AS. PART XllI SUFFOLK COUNTY

    INDEX N035374-2009

    PRESENT:

    HON, MELVYN TANENBAUM

    Justice

    WELLS FARGO BANK, N.A.,

    -against-

    GILMA CARRANZA ET AL.,

    Plaintiff,

    Defendants.

    MOTION #002R!D: _

    5/0: _

    PLTF'SIPET'S A TTY:

    STEVEN J. BAUM. P.c.

    P.O. BOX 1291

    BUFFALO, NY [42401291

    DEFT'S/RESP'S A-nV:

    G I LM A C A R RA N Z A

    35 Madison Avenue

    Babylon, NY 1170 I

    Upon the following papers numbered I LO_read on this motion for an order pursuant to RPAPL Sec.1321

    ___________ N.otice of Mati on/Order 10 Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Othcr ; (tllld f1:ftCt hel'lli"b couwse1 in StlppOl1 tllld

    opposed to tlte 1110tioll) it is,

    This Court has repeatedly directed plaintiffs counsel to submit proposed orders of reference

    andjudgments offoreclosure in proper form and counsel has continuously failed to do so. The Court

    provided counsel's office directly with copies of orders and judgments which would satisfy the

    requirements and counsel has responded by submitting correspondence addressed to the Court fromnon-attorney employees with improper and inadequate submissions. The Court deems plaintiffs

    counsel's actions to be an intentional failure to comply with the directions of the Court and a

    dereliction of professional responsibility. Accordingly it is

    ORDERED that plaintiff's application for a Judgment of Foredosure and Sale is adjourned

    until December 9, 2010. On or before this date plaintiffs counsel is directed to submit: l) an

    affidavit or affirmation from plaintiff 'WELLS FARGO's" counsel certifying that all prior

    submissions \vere accurate and correct in the underlying mortgage foreclosure action; 2) an affidavit

    or affirmation fTomplaintiffs attorney of record, Steven 1. Baum, Esq., certifying that the proposed

    judgment submitted by counsel conforms to the Court's requirements; and 3) a proposed judgment

    of foreclosure in sale in proper form, and it is further

    ORDERED that upon failure of counsel to comply with this Order this action shall be

    marked off the active calendar by the Clerk of the Court.

    MELVVNTANEN13AUM

    Dated: October 13,2010

    J.S.c.www .S top

    Forec los

    u reFraud

    .com

  • 8/8/2019 Improper Submissions

    29/30

    SHORT FORM ORDER

    C O P) '

    SUPREME COURT - STATE OF NEW YORK

    I.A.S. PART XIII SUFFOLK COUNTY

    INDEX N0.37183-2009

    PRESENT:

    HON. MELVYN TANENBAUM

    Justice

    GMAC MORTGAGE, LLC,

    -against-

    RICHARD PROTANO ET AL.,

    Plaintiff,

    Defendants.

    MOTION #001RJD: _

    Sll): _

    PLTr'S/Pf-T'S ATTY:

    STEVEN.l BAUM, P.C.

    P.O. Box 1291

    Buffalo, N Y 14240-1291

    DEFT'SIRYSP'S ATTY:

    RICHARD PROT ANO

    833 Soulh 'l'h Street

    Lindenhurst, NY 11757

    MElWN TANENBAUM

    Upon the following papers numbered 1 to _read on this motion for an order pursuant to RPAPL Sec.132\

    ___________ N.otice of Motion/Order to Show Cause and supporting papers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers Replying

    Affidavits and supporting papers Other ; ftlntl-

  • 8/8/2019 Improper Submissions

    30/30

    SHORT FORM ORDER

    COpy

    SUPREME COURT - STATE OF NEW YORK

    LA.5. PART XIII SUFFOLK COUNTY

    IN D EX N O .23 16-20 10

    PRESENT:

    HON. MELVYN TANENBAUMJustice

    ONEWEST BANK, FSB,

    -against-

    SUSAN ECHEL ET AL,

    Plaintiff,

    Defendants.

    MOTION#001liDS 1-18"-11

    R /D o _S/D: _

    PLTF'S/PET'S ATTY:

    STEVEN 1. BAUM, P.c.

    P,O. BOX 1291

    BUFFALO, NY 14240-1291

    DEFr'S/RESP'S ATTY:

    SUSAN ECHEL

    710 Nicholls Road

    Deer Park, NY 11729

    Upon the following papers numbered I to _read on this motion for an order pursuant to RPAPL Sec.I32l

    ___________ Notice of Mation/Order to Show Cause and supporting p apers __ ; Notice of Cross

    Motion and supporting papers Answering Affidavits and supporting papers .Replying

    Affidavits and supporting papers Other ; (