New York Eastern District Court
Judge:Joan M Azrack
Referred: Gary R Brown
Case #: 2:17-cv-03760
Nature of Suit220 Real Property - Foreclosure
Cause28:1332 Diversity-(Citizenship)
Case Filed:Jun 22, 2017
Terminated:Jan 02, 2019
Last checked: Tuesday Dec 19, 2017 4:04 AM EST
Defendant
Capital One Bank USA, N.A.
Defendant
Rosanna M. Gleixner
Defendant
L.I. Oral & Maxillofacial Surgery
Defendant
Southampton Hospital
Plaintiff
CIT Bank, N.A.
Represented By
Andrew Lawrence Jacobson
Windels Marx Lane & Mittendorf
contact info
Sean Kevin Monahan
Windels Marx Lane & Mittendorf, LLP
contact info


Docket last updated: 04/17/2024 11:59 PM EDT
Thursday, January 09, 2020
25 25 notice Notice of Consent to Change Attorney Thu 01/09 11:09 AM
NOTICE of Consent to Change Attorney by Erina Fitzgerald (Fitzgerald, Erina)
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Thursday, May 09, 2019
24 24 notice Notice(Other) Thu 05/09 3:38 PM
NOTICE by CIT Bank, N.A. Affidavit of Service of Notice of Sale (Monahan, Sean)
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Thursday, January 17, 2019
23 23 misc Affidavit/Affirmation Thu 01/17 3:17 PM
AFFIDAVIT/AFFIRMATION re22 Decree of Foreclosure,,,, Affidavit of Service of Judgment of Foreclosure and Sale by CIT Bank, N.A. (Monahan, Sean)
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Wednesday, January 02, 2019
22 22 9 pgs order Order - Decree of Foreclosure Wed 01/02 4:10 PM
JUDGMENT OF FORECLOSURE AND SALE: ORDERED, ADJUDGED AND DECREED that the mortgaged premises, commonly known as 30 Winnie Rd, Center Moriches, New York 11934, and more particularly described in Schedule "A" annexed hereto (the "Premises") be sold, in one parcel, at public auction in the lobby of the United States Courthouse, 100 Federal Plaza, Central Islip, NY 11722, on any day of the week the courthouse if open at a time selected by the Referee, by, and under the direct of Special Master Katheryn, C. Cole, eSQ., 1320 RXR Plaza, Uniondale, NY 11556, who is hereby appointed Referee for that purpose (hereinafter "Referee"), that the said Referee set the date of sale and give public notice of the time and place of such sale in accordance with New York Real Property Actions and Proceedings Law ("RPAPL") §231 in the Newsday published in Suffolk County, New York; and it is further ORDERED, ADJUDGED AND DECREED: (PLEASE SEE ORDER FOR FURTHER DETAILS). So Ordered by Judge Joan M. Azrack on 1/2/2019. (Ortiz, Grisel) (c/m to referee)
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order Order on Motion to Vacate Wed 01/02 3:47 PM
ORDER granting21 Motion to Vacate and Reissue Decree of Foreclosure. The Judgment of Foreclosure and Sale dated September 19, 201820 is hereby vacated. See Judgment of Foreclosure and sale dated January 2, 2019 for further details. So Ordered by Judge Joan M. Azrack on 1/2/2019. (Ortiz, Grisel)
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Friday, December 07, 2018
21 21 motion Vacate Fri 12/07 11:11 AM
Letter MOTION to Vacate20 Decree of Foreclosure,,,,,,, Add and Terminate Parties,,,,,, and Reissue Judgment of Foreclosure and Sale by CIT Bank, N.A.. (Monahan, Sean)
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Att: 1 Proposed Judgment Judgment of Foreclosure and Sale
Friday, September 21, 2018
20 20 9 pgs order Order - Decree of Foreclosure ~Util - Add and Terminate Parties Fri 09/21 12:22 PM
Judgment of Foreclosure and Sale: ORDERED, ADJUDGED AND DECREED that the mortgaged premises, commonly known as 30 Winnie Rd, Center Moriches, New York 11934, and more particularly described in Schedule "A" annexed hereto (the "Premises") be sold, in one parcel, at public auction in the lobby of the United States Courthouse, 100 Federal Plaza, Central Islip, NY 11722, on any day of the week the courthouse if open at a time selected by the Referee, by, and under the direct of Special Master Katheryn, C. Cole, eSQ., 1320 RXR Plaza, Uniondale, NY 11556,, who is hereby appointed Referee for that purpose (hereinafter "Referee"), that the said Referee set the date of sale and give public notice of the time and place of such sale in accordance with New York Real Property Actions and Proceedings Law ("RPAPL") §231 in the Newsday published in Suffolk County, New York. Referee shall then pay to Plaintiff or to Plaintiffs attorneys the sum of $345,138.34, the said amount so reported due as aforesaid, together with interest thereon as of October 1, 2017, the date the interest was calculated to in said Report at the Note rate, to the date of entry of this Judgment, and thereafter at the statutory postjudgment rate to the date of transfer of title, or so much thereof as the purchase money of the Premises will pay of the same, together with $5,368.00 awarded to Plaintiff as reasonable legal fees, together with $3,165.20 award to Plaintiff as reimbursement for disbursements. Ordered by Judge Joan M. Azrack on 9/19/2018. (CM to referee) (Florio, Lisa)
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Wednesday, September 19, 2018
order Order on Motion for Default Judgment Fri 09/21 12:07 PM
ORDER granting18 Motion for Default Judgment. Ordered by Judge Joan M. Azrack on 9/19/2018. (See judgment of foreclosure and sale dated 9/19/2018 for further details) (Florio, Lisa)
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Tuesday, February 13, 2018
19 19 misc Corporate Disclosure Statement Tue 02/13 4:13 PM
Corporate Disclosure Statement by CIT Bank, N.A. identifying Corporate Parent CIT Group Inc. for CIT Bank, N.A.. (Monahan, Sean)
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Tuesday, December 12, 2017
18 18 motion Default Judgment Tue 12/12 2:15 PM
Notice of MOTION for Default Judgment , Computation of Sums Due, and Judgment of Foreclosure and Sale by CIT Bank, N.A.. (Monahan, Sean)
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Att: 1 Affidavit in Support Affirmation of Attorney,
Att: 2 Exhibit Affirmation of Attorney Ex A,
Att: 3 Exhibit Affirmation of Attorney Ex B,
Att: 4 Exhibit Affirmation of Attorney Ex C,
Att: 5 Exhibit Affirmation of Attorney Ex D,
Att: 6 Exhibit Affirmation of Attorney Ex E,
Att: 7 Exhibit Affirmation of Attorney Ex F,
Att: 8 Exhibit Affirmation of Attorney Ex G,
Att: 9 Memorandum in Support Memorandum of Law,
Att: 10 Affidavit of Service Affidavit of Service
Friday, November 17, 2017
order Order(Other) Fri 11/17 10:33 AM
ORDER. Plaintiff is ordered to file its motion for default judgment by 12/17//2017. Per the Court's individual rules, the Plaintiff shall serve its notice of motion and all supporting papers on Defendants. Ordered by Judge Joan M. Azrack on 11/17/2017. (Aravand, Pouneh)
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Monday, October 02, 2017
17 17 notice Notice of Appearance Mon 10/02 5:13 PM
NOTICE of Appearance by Andrew Lawrence Jacobson on behalf of CIT Bank, N.A. (aty to be noticed) (Jacobson, Andrew)
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Friday, September 29, 2017
16 16 misc Proposed Scheduling Order Fri 09/29 12:43 PM
Proposed Scheduling Order by CIT Bank, N.A. (Monahan, Sean)
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Friday, September 08, 2017
15 15 order Clerks Entry of Default Fri 09/08 9:20 AM
Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants Capital One Bank USA, N.A., Rosanna M. Gleixner, L.I. Oral & Maxillofacial Surgery, and Southampton Hospital have failed to appear or otherwise defend this action, the defaults of defendants Capital One Bank USA, N.A., Rosanna M. Gleixner, L.I. Oral & Maxillofacial Surgery, and Southampton Hospital are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Toritto, Jim)
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Wednesday, August 30, 2017
14 14 misc Request for Certificate of Default Wed 08/30 12:36 PM
Request for Certificate of Default by CIT Bank, N.A. (Monahan, Sean)
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Att: 1 Affirmation in Support,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Proposed Order
Tuesday, August 15, 2017
13 13 service Summons Returned Executed Tue 08/15 10:01 AM
SUMMONS Returned Executed by CIT Bank, N.A.. Southampton Hospital served on 7/10/2017, answer due 7/31/2017. (Monahan, Sean)
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12 12 service Summons Returned Executed Tue 08/15 10:00 AM
SUMMONS Returned Executed by CIT Bank, N.A.. L.I. Oral & Maxillofacial Surgery served on 7/14/2017, answer due 8/4/2017. (Monahan, Sean)
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11 11 service Summons Returned Executed Tue 08/15 9:59 AM
SUMMONS Returned Executed by CIT Bank, N.A.. Capital One Bank USA, N.A. served on 7/11/2017, answer due 8/1/2017. (Monahan, Sean)
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10 10 service Summons Returned Executed Tue 08/15 9:57 AM
SUMMONS Returned Executed by CIT Bank, N.A.. Rosanna M. Gleixner served on 7/10/2017, answer due 7/31/2017. (Monahan, Sean)
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Tuesday, July 18, 2017
9 9 misc Affidavit/Affirmation Tue 07/18 5:11 PM
AFFIDAVIT/AFFIRMATION Affidavit of Service by CIT Bank, N.A. (Monahan, Sean)
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8 8 misc Affidavit/Affirmation Tue 07/18 5:10 PM
AFFIDAVIT/AFFIRMATION Affidavit of Service by CIT Bank, N.A. (Monahan, Sean)
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7 7 misc Affidavit/Affirmation Tue 07/18 5:09 PM
AFFIDAVIT/AFFIRMATION Affidavit of Service by CIT Bank, N.A. (Monahan, Sean)
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6 6 misc Affidavit/Affirmation Tue 07/18 4:57 PM
AFFIDAVIT/AFFIRMATION Affidavit of Service by CIT Bank, N.A. (Monahan, Sean)
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Friday, June 23, 2017
5 5 service Summons Issued Fri 06/23 9:27 AM
Summons Issued as to All Defendants. (Flanagan, Doreen)
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Att: 1 Summons-Southampton Hospital,
Att: 2 Summons-L.I. Oral & Maxillofacial Surgery,
Att: 3 Summons-Capital One Bank USA, N.A.
4 4 misc Clerks Notice of Rule 73 Fri 06/23 9:14 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen)
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utility Incorrect Case-Document Information Fri 06/23 9:02 AM
Incorrect Document Entry Information. Document Entry No. 1 (Complaint, Civil Cover Sheet and Proposed Summonses) was entered as against Plaintiff. Deleted Document Entry No. 1 and re-entered as against all Defendants. (Flanagan, Doreen)
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utility Case Assigned/Reassigned Fri 06/23 9:13 AM
Case Assigned to Judge Joan M. Azrack and Magistrate Judge Gary R. Brown. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen)
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Thursday, June 22, 2017
3 3 misc Quality Control Check - Attorney Case Opening Thu 06/22 4:06 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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2 2 notice Notice(Other) Thu 06/22 11:23 AM
NOTICE by CIT Bank, N.A. Certificate of Merit (Monahan, Sean)
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1 1 cmp Complaint Thu 06/22 11:21 AM
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by CIT Bank, N.A.. (Flanagan, Doreen) Modified on 6/23/2017 (Flanagan, Doreen)
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Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons,
Att: 3 Proposed Summons,
Att: 4 Proposed Summons,
Att: 5 Proposed Summons
misc Filing Fee Received Fri 06/23 8:53 AM
FILING FEE: $ 400.00, receipt number 0207-9625468 (Flanagan, Doreen)
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