On July 14, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Nationstar Mortgage Llc,
and
Bethany L. Zautner,
David M. Mosher
Individually And As Administrator Cta Of The Estate Of Donald L. Mosher A K A Donald Mosher,
John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed
Herein, And Any Parties, Corporations Or Entities, If Any, Having Or Claiming An Interest Or Lien Upon The Mortgaged Premises,
State Of New York,
Thomas E. Mosher,
Velocity Investments Llc,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Rensselaer County.
Preview
FILED: RENSSELAER COUNTY CLERK 05/14/2024 08:48 AM INDEX NO. EF2023-274456
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/14/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
_________________________________________
Nationstar Mortgage LLC INDEX NO. EF2023-274456
Plaintiff(s), NOTICE
— OF MOTION FOR
A DEFAULT JUDGMENT
v. AND ORDER OF
REFERENCE
David M. Mosher, Individually and as Administrator CTA of
the Estate of Donald L. Mosher a/k/a Donald Mosher; MORTGAGED PROPERTY:
Thomas E. Mosher; Bethany L. Zautner; Velocity 4371 New York Route 150
Investments LLC; State of New York and “JOHN DOE”, West Sand Lake, NY 12196
said name being fictitious, it being the intention of Plaintiff
to designate any and all occupants of premises being
foreclosed herein, and any parties, corporations or entities, if
any, having or claiming an interest or lien upon the
mortgaged premises
Defendant(s). COUNTY: Rensselaer
_________________________________________ SBL #: Section: 146.2 Block: 4
Lot: 39
PLEASE TAKE NOTICE that, upon the affirmation of Nicole DiStasio dated May 13,
2024, the affidavit of Talya Harris, sworn to September 29, 2023, the exhibits attached thereto,
and all prior proceedings in this case, Plaintiff Nationstar Mortgage LLC will move this court at
9:30 am on June 28, 2024, at the Supreme Court, Rensselaer County, Rensselaer County
Courthouse, 72 Second Street, Troy, NY 12180, or as soon thereafter as the parties may be heard,
for an order:
1. Appointing a referee to compute the amount due to Plaintiff, examine whether the
mortgaged property known as 4371 New York Route 150, West Sand Lake, NY
12196 may be sold in parcels, and make his/her computation and report with all
convenient speed pursuant to RPAPL §1321;
23-092981 Notice of Motion Page 1 of 3
1 of 4
FILED: RENSSELAER COUNTY CLERK 05/14/2024 08:48 AM INDEX NO. EF2023-274456
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/14/2024
2. Removing “JOHN DOE” as a party defendant in this action as no tenants reside at
the property and amending the caption to reflect the removal of “JOHN DOE” as a
party defendant;
3. Declaring that all non-appearing and non-answering defendants are in default
pursuant to CPLR 3215; and
4. Granting such additional relief as to the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214 (b), answering
papers and notice of cross-motion, with supporting papers, if any, must be served upon the
undersigned at least seven (7) days prior to the return date of this motion.
Dated: May 13, 2024
________________________
Nicole DiStasio, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
To: David M. Mosher
348 Shufelt Road
Nassau, NY 12123
Bethany L. Zautner
6211 Copperfield House #1
Albany, NY 12203
Velocity Investments LLC
c/o Secretary of State
99 Washington Avenue
Albany, NY 12231
23-092981 Notice of Motion Page 2 of 3
2 of 4
FILED: RENSSELAER COUNTY CLERK 05/14/2024 08:48 AM INDEX NO. EF2023-274456
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/14/2024
State of New York
Office of the Attorney General
The Justice Building
Albany, NY 12224
Bryan Goldberger, Esq.
Goldberger and Kremer
Attorney for the Defendant Thomas E. Mosher
50 Beaver Street
Suite 204
Albany, NY 12207
23-092981 Notice of Motion Page 3 of 3
3 of 4
FILED: RENSSELAER COUNTY CLERK 05/14/2024 08:48 AM INDEX NO. EF2023-274456
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/14/2024
ATTORNEY'S CERTIFICATION
I, Nicole DiStasio, am an attorney duly admitted to the practice of law in the State of New
York. I am an associate of LOGS Legal Group LLP, the attorneys for the Plaintiff, Nationstar
Mortgage LLC, in the above captioned civil action.
I HEREBY CERTIFY, pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator
(22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, that the presentation of the papers in this action checked
below, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of
the Rules of the Chief Administrator (22 NYCRR):
{ } Summons & Complaint
{X} Notice of Motion
{ } Attorney’s Affirmation
{ } Other:
DATED: May 13, 2024
________________________
Nicole DiStasio, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
23-092981
4 of 4
Preview
FILED: RENSSELAER COUNTY CLERK 05/14/2024 08:48 AM INDEX NO. EF2023-274456 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER _________________________________________ Nationstar Mortgage LLC INDEX NO. EF2023-274456 Plaintiff(s), NOTICE — OF MOTION FOR A DEFAULT JUDGMENT v. AND ORDER OF REFERENCE David M. Mosher, Individually and as Administrator CTA of the Estate of Donald L. Mosher a/k/a Donald Mosher; MORTGAGED PROPERTY: Thomas E. Mosher; Bethany L. Zautner; Velocity 4371 New York Route 150 Investments LLC; State of New York and “JOHN DOE”, West Sand Lake, NY 12196 said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises Defendant(s). COUNTY: Rensselaer _________________________________________ SBL #: Section: 146.2 Block: 4 Lot: 39 PLEASE TAKE NOTICE that, upon the affirmation of Nicole DiStasio dated May 13, 2024, the affidavit of Talya Harris, sworn to September 29, 2023, the exhibits attached thereto, and all prior proceedings in this case, Plaintiff Nationstar Mortgage LLC will move this court at 9:30 am on June 28, 2024, at the Supreme Court, Rensselaer County, Rensselaer County Courthouse, 72 Second Street, Troy, NY 12180, or as soon thereafter as the parties may be heard, for an order: 1. Appointing a referee to compute the amount due to Plaintiff, examine whether the mortgaged property known as 4371 New York Route 150, West Sand Lake, NY 12196 may be sold in parcels, and make his/her computation and report with all convenient speed pursuant to RPAPL §1321; 23-092981 Notice of Motion Page 1 of 3 1 of 4 FILED: RENSSELAER COUNTY CLERK 05/14/2024 08:48 AM INDEX NO. EF2023-274456 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/14/2024 2. Removing “JOHN DOE” as a party defendant in this action as no tenants reside at the property and amending the caption to reflect the removal of “JOHN DOE” as a party defendant; 3. Declaring that all non-appearing and non-answering defendants are in default pursuant to CPLR 3215; and 4. Granting such additional relief as to the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214 (b), answering papers and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: May 13, 2024 ________________________ Nicole DiStasio, Esq. Associate Attorney LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 To: David M. Mosher 348 Shufelt Road Nassau, NY 12123 Bethany L. Zautner 6211 Copperfield House #1 Albany, NY 12203 Velocity Investments LLC c/o Secretary of State 99 Washington Avenue Albany, NY 12231 23-092981 Notice of Motion Page 2 of 3 2 of 4 FILED: RENSSELAER COUNTY CLERK 05/14/2024 08:48 AM INDEX NO. EF2023-274456 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/14/2024 State of New York Office of the Attorney General The Justice Building Albany, NY 12224 Bryan Goldberger, Esq. Goldberger and Kremer Attorney for the Defendant Thomas E. Mosher 50 Beaver Street Suite 204 Albany, NY 12207 23-092981 Notice of Motion Page 3 of 3 3 of 4 FILED: RENSSELAER COUNTY CLERK 05/14/2024 08:48 AM INDEX NO. EF2023-274456 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/14/2024 ATTORNEY'S CERTIFICATION I, Nicole DiStasio, am an attorney duly admitted to the practice of law in the State of New York. I am an associate of LOGS Legal Group LLP, the attorneys for the Plaintiff, Nationstar Mortgage LLC, in the above captioned civil action. I HEREBY CERTIFY, pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the papers in this action checked below, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of the Rules of the Chief Administrator (22 NYCRR): { } Summons & Complaint {X} Notice of Motion { } Attorney’s Affirmation { } Other: DATED: May 13, 2024 ________________________ Nicole DiStasio, Esq. Associate Attorney LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 23-092981 4 of 4