Federal Deposit Insurance Corporation (FDIC) v. Capital Hotel, Inc. et al

Filing 87

ORDER: Granting the # 83 Motion for Approval of the Receiver's Final Accounting and Discharging Receiver. It is Ordered that the final accounting submitted by Jeffrey Kolessar, the receiver appointed by the Order of this Court dated June 2, 20 16, as set forth in his declaration in support of the Plaintiffs motion to Approve the Receiver's Final Accounting and Discharge the Receiver, is hereby approved. It is further Ordered that the Receiver is hereby discharged from his duties as re ceiver for the Mortgaged Premises. It is further Ordered that pursuant to this Order and based upon a finding that the Receiver has faithfully discharged his duties as the receiver of the Mortgaged Property, the undertaking executed by the Receiver o n or about June 3, 2016 in the penal sum of $50,000.00 is hereby cancelled. Signed by Senior Judge Thomas J. McAvoy on 8/3/2017. {Copies of the # 86 Order/Deficiency Judgment and this # 87 Order were sent to Jeffrey Kolessar by regular mail} (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
PHOENIX NPL, LLC,
Plaintiff,
-against-

1:15-CV-00080

CAPITAL HOTEL, INC.; CHIRAG KABRA WALA;
ASHOK DHABUWALA a/k/a ASHOK M.
DHABUWALA a/k/a ASHOK BHABUWALA;
BRANDON LEVIN a/k/a BRANDON LEVINE;
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE; JOHN DOE AND
JANE DOE NO. 1 THROUGH NO. 10, the last ten
(10) names being fictitious and unknown to the
Plaintiff, the persons or parties intended being the
tenants, occupants, persons or parties, if any, having or
claiming an interest in or lien upon the premises
described in the verified complaint.
Defendants.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

ORDER APPROVING RECEIVER'S FINAL
ACCOUNTING AND DISCHARGING RECEIVER
Upon the Declaration of Mark A. Slama, Esq., dated June 20, 2017, the
Declaration of Jeffrey Kolessar, dated June 16, 2017, and all prior proceeding s had
heretofore in this action, it is hereby
ORDERED that Plaintiff’s motion to Approve the Receiver's Final Accounting and
Discharge the Receiver [dkt. # 83] is GRANTED; and it is further
ORDERED, ADJUDGED AND DECREED, that the final accounting submitted by
Jeffrey Kolessar (the "Receiver"), the receiver appointed by the Order of this Court
dated June 2, 2016 (the "Receiver Order"), as set forth in his declaration in support of
the Plaintiffs motion to Approve the Receiver's Final Accounting and Discharge the
Receiver, is hereby approved; and it is further

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ORDERED, ADJUDGED AND DECREED, the Receiver is hereby discharged
from his duties as receiver for the Mortgaged Premises; and it is further
ORDERED, ADJUDGED AND DECREED, that, pursuant to this Order and
based upon a finding that the Receiver has faithfully discharged his duties as the
receiver of the Mortgaged Property, the undertaking executed by the Receiver on or
about June 3, 2016 in the penal sum of $50,000.00 (fifty thousand dollars) is hereby
cancelled.
IT IS SO ORDERED.
Dated:August 3, 2017

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