Document for Bates Holdings Ii Llc, Acting By And Through Its Servicer Field Point Servicing, Llc v. 921 St. Marks Realty, Llc, Zalmen Biederman, Issm Protective Services Inc., Department Of Housing Preservation And Development, New York City Housing Authority, New York Environmental Control Board, New York City Department Of Finance, New York State Department Of Taxation And Finance, U.S. Small Business Administration, John Doe 1 -12

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                                FILED: KINGS COUNTY CLERK 08/09/2023 03:40 PM                                                      INDEX NO. 522597/2023
NYSCEF DOC. NO. 35                                                                         RECEIVED NYSCEF: 08/09/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF KINGS
          BATES HOLDINGS II LLC, acting by and through its
          servicer Field Point Servicing, LLC,             Index No.: 522597/2023

                                          Plaintiff,                   AFFIRMATION OF
                                                                       ANDREW L. BUCK
                   -against-                                           SUPPORTING
                                                                       APPLICATION FOR
          921 ST. MARKS REALTY, LLC, ZALMEN                            THE APPOINTMENT
          BIEDERMAN, ISSM PROTECTIVE SERVICES                          OF A RECEIVER
          INC.,       DEPARTMENT              OF        HOUSING
          PRESERVATION AND DEVELOPMENT, NEW
          YORK CITY HOUSING AUTHORITY, CITY OF
          NEW YORK ENVIRONMENTAL CONTROL
          BOARD, NEW YORK CITY DEPARTMENT OF
          FINANCE, NEW YORK STATE DEPARTMENT OF
          TAXATION AND FINANCE, U.S. SMALL
          BUSINESS ADMINISTRATION, and “JOHN DOE
          #1” through “JOHN DOE #12,” the last twelve names
          being fictitious and unknown to the Plaintiff, the
          persons or parties, if any, having or claiming an interest
          in or lien upon the premises, described in the
          Complaint,

                                                  Defendants.

                 ANDREW L. BUCK, an attorney duly admitted to practice law before the Courts of the

          State of New York, hereby affirms the following to be true under penalties of perjury pursuant to

          CPLR § 2106.

                 1.      I am counsel with the law firm of Reed Smith LLP, attorneys for Plaintiff, Bates

          Holdings II LLC (“Plaintiff”), acting by and through its servicer Field Point Servicing, LLC (“FPS”).

                 2.      This affirmation is respectfully submitted in support of Plaintiff’s ex parte application

         for the appointment of a receiver, which application should be granted for the reasons set forth in the

         accompanying affidavit of Sean P. Barry, sworn to on August 8, 2023 (the “Barry Affidavit”), the

          exhibits annexed thereto, and the Memorandum of Law submitted in support of Plaintiff’s application

         for the appointment of a receiver, dated August 8, 2023 (the “Memo of Law”).




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FILED: KINGS COUNTY CLERK 08/09/2023 03:40 PM                                                       INDEX NO. 522597/2023
NYSCEF DOC. NO. 35                                                                          RECEIVED NYSCEF: 08/09/2023




                  3.      Upon granting, and/or otherwise in connection with, Plaintiff’s application for the

         appointment of a receiver, Plaintiff respectfully requests that this Court select David Wallace of Trigild

         IVL Group, LLC (the “Proposed Receiver”) to serve as the receiver of the Mortgaged Property.

                  4.      Annexed hereto as Exhibit 15 is a true and accurate copy of the curriculum vitae of Mr.

          Wallace (the “CV”). As evidenced by the CV, Proposed Receiver has substantial experience and

          expertise serving as a receiver of real estate.

                  5.      Therefore, Mr. Wallace is more than well qualified to serve as the receiver of the

          Mortgaged Property and to protect the Plaintiff’s collateral.

                  6.      Proposed Receiver is on this Court’s Part 36 list of eligible receivers. As of the date of

          this affirmation, I have searched the New York Court’s Part 36 eligibility list at

          https://iapps.courts.state.ny.us/fiduciary/appointee/EligibilityListPage?2 (the “Eligibility List”) to

          verify that Mr. Wallace is on the Eligibility List as a receiver in Kings County. As evidenced by the

         document annexed hereto as Exhibit 16, Mr. Wallace is on the Eligibility List as an eligible receiver for

          Kings County, FID Number 125874.

                  7.      Further annexed hereto as Exhibit 17 is a Copy of the Summons and Verified Complaint

          previously filed in this foreclosure action (NYSCEF Doc. No. 1).

                  8.      Pursuant to CPLR § 2217(b), I affirm that no prior application for the relief requested

          herein has been made by Plaintiff to this Court, or to any other court.




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FILED: KINGS COUNTY CLERK 08/09/2023 03:40 PM                                        INDEX NO. 522597/2023
NYSCEF DOC. NO. 35                                                             RECEIVED NYSCEF: 08/09/2023




          Dated:   New      York,   New   York
                   August      8, 2023




                                                          Andrew   L.   Buck




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