attorneys, and to pay the reasonable value of said counsel's services out of the monies received; and it is further
ORDERED, that the Receiver is hereby authorized to employ an agent, who shall be paid a reasonable fee from the rents collected not to exceed 3% of such rents so collected, payable monthly, which fee is to be in addition to and separate and apart from the 5% statutory Receiver's commission on the rents collected to be paid to the Receiver; and the Receiver is authorized from time to time to rent or lease as may be necessary, for terms not exceeding two years, any part of the Property, and to pay any and all taxes, assessments, water charges or sewer rents, premiums on policies of insurance and installments of principal and interest on prior mortgages, if any, superior in lien to the Mortgage, which are or shall become due during the pendency of the Receivership; to pay installments of principal, interest and escrow due under the Mortgage, which are or shall come due during the pendency of the Receivership; to make repairs necessary to the preservation of the Property, but the Receiver shall not make improvements or repairs exceeding $ 4,000.00 for any one repair to the Property without the written consent of the plaintiff or its attorneys or the prior approval of the Court; to purchase fuel for heating the Property and supplying hot water to the tenants thereof; and to comply with the requirements of any municipal department or other authorized municipal; but the Receiver shall not incur obligations in excess of the moneys in his hands without the prior approval of the court or the written consent of the plaintiff or its attorneys; and it is further
ORDERED, that said Receiver is hereby authorized to obtain workers' compensation, disability and general liability insurance insuring him individually and as Receiver and his agent during the pendency of this action and, at the request of the plaintiff's attorneys, to obtain fire insurance and insurance against other risks, if the Property is not so insured; and it is further
ORDERED, that out of the rents collected by him, the Receiver shall retain in the official depository an amount sufficient to pay his legal commissions and attorneys' fees, if any, and shall not incur any obligation in excess of the remainder of said rents collected by him without the written consent of the plaintiff or its attorneys, except upon Order of this Court obtained upon notice to all parties who are entitled to such notice; and it is further
ORDERED, that the Receiver shall deposit all moneys received in his own name as Receiver in a bank insured by the Federal Deposit Insurance Corporation and no withdrawals shall be made therefrom except as directed by the Court or on a draft check signed by the Receiver, and the Receiver shall furnish plaintiff's attorneys with monthly statements of the receipts and expenditures of the Receivership, together with a photocopy of the monthly statements received from said depository; and it is further
ORDERED, that the Receiver shall register with any New York municipal department as provided by applicable law and expend rents and income and profits as described in New York Real Property Actions and Proceedings Law Section 1325(3), except that a priority shall be given to the correction of immediately hazardous violations of housing maintenance laws within the time set by orders of any municipal department, or, if not practicable, the Receiver shall seek a postponement of the time for compliance; and it is further
ORDERED, that the Receiver shall retain the moneys which may come into his hand except the expenditures herein authorized by virtue of his appointment, until further Order of the Court; and it is further
ORDERED, that before entering upon the duties of this trust and within twenty-one days of entry of this order, the Receiver shall file with the Clerk of Court a surety company bond for the faithful discharge of his duties as a Receiver in the sum of $ 35,000, together with an oath executed by him that he will faithfully and fairly discharge the trust committed to him; and it is further
ORDERED, that the Receiver may, at any time, on notice to all parties who are entitled to such notice, apply to this Court for further and other instruction and for further power necessary to enable the Receiver to properly fulfil his duties; and it is further
ORDERED, that the Receivership automatically terminates upon settlement of this action or upon the closing of title pursuant to the Referee's terms of sale in either event subject to the Receiver's final accounting and formal discharge; and it is further
ORDERED, that, to the extent required by 28 U.S.C. § 959(b), the Receiver shall comply with all provisions of Section 6401 through Section 6404 of the New York Civil Practice Law and Rules, and section 35-a of the New York Judiciary Law.
Dated: New York, New York
September 29, 1992
Vincent L. BRODERICK
Honorable Vincent L. Broderick
September 29, 1992
We then telephoned directory assistance to obtain telephone numbers for Spark Tarrytown, Inc., in White Plains, New York, and Port Washington, New York, two addresses contained within our file as places of business of said defendant. Neither location has a listing for Spark Tarrytown, Inc.
We next contacted directory assistance to obtain a telephone number for Mr. Rush at 437 West 16th Street in New York City, a residential address listed in our files, but no such listing existed.
We contacted Steven Schwartz, Esq., of Hertzog, Calamari & Gleason, one of FHLMC's outside bankruptcy counsel, to obtain the name of the attorney who represented Spark Tarrytown, Inc., in a bankruptcy proceeding commenced in January, 1992, under Docket No. 92-B-20132 (HLS). Mr. Schwartz advised us that after the initial filing of the petition, no representative of Spark Tarrytown, Inc., or of its attorneys, Walter Blaich, Esq., made an appearance during the entire proceeding. Mr. Schwartz stated further that he obtained an order granting relief from the automatic stay dated September 22, 1992, on default, and that his numerous efforts to contact Mr. Blaich in connection therewith were unsuccessful.
Finally, we have been advised by a representative of the Secretary of State, that Spark Tarrytown, Inc., a New York corporation formed on July 28, 1986, had been dissolved on December 24, 1991.
In light of the foregoing, we respectfully request that this motion be granted in all respects.
Thomas B. Decea