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Alden State Bank v. Gerald J Desiderio, Robert L Desiderio, Debro, Inc. d/b/a Desiderio's on Broadway, d/b/a Desiderio's Lancaster Ale House, Capital One (Usa) N.A., C.A. Curtze Co. c/o Specialty Steak Service, John Doe, Jane Doe, Doe Corp., Doe Par…
On September 30, 2013 a foreclosure (non-residential mortgage) case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Erie County. Judge Donna Siwek presiding.
Case Details
Case Number
Filing Date
September 30, 2013
Last Refreshed
August 01, 2023
Filing Location
Erie County, NY
Filing Court House
Erie County Supreme Court
Category
Foreclosure (non-residential mortgage)
Practice Area
Property
Matter Type
Foreclosure
Case Outcome Type
Disposed
Status
Judgment of Foreclosure
Parties
Plaintiffs
Alden State Bank
Attorneys for Plaintiffs
Muth, Peter Andrew
Defendants
C.A. Curtze Co. C O Specialty Steak Service
C.A. Curtze Co.
C O Specialty Steak Service
Capital One
Debro, Inc. D B A Desiderio'S On Broadway, D B A Desiderio'S Lancaster Ale House
Debro, Inc.
D B A Desiderio'S On Broadway, D B A Desiderio'S Lancaster Ale House
Doe Corp.
Doe Partnership
Gerald J Desiderio
Jane Doe
John Doe
Robert L Desiderio
Attorneys for Defendants
Tiveron, Diane R.
(HOGAN WILLIG)
Other Parties
Absolute Process Service Llc
(Non Party)
Case Documents
ORDER - DISMISSAL (Motion 003)
Date: Jul 19, 2017
ORDER ( PROPOSED )
Date: Jun 20, 2017
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion 003)
Date: Jun 20, 2017
NOTICE OF MOTION
Date: Jun 20, 2017
JUDGMENT OF FORECLOSURE AND SALE
Date: Jan 13, 2015
JUDGMENT OF FORECLOSURE AND SALE
Date: Jan 12, 2015
JUDGMENT -TO COURT (PROPOSED)
Date: Nov 18, 2014
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
Date: Nov 18, 2014
NOTICE OF MOTION
Date: Nov 18, 2014
LETTER / CORRESPONDENCE TO JUDGE
Date: Oct 07, 2014
ORDER - MOTION - LONG FORM
Date: May 06, 2014
ORDER ( PROPOSED ) (Motion 001)
Date: Mar 19, 2014
MEMORANDUM OF LAW IN SUPPORT (Motion 001)
Date: Feb 20, 2014
MEMORANDUM OF LAW
Date: Feb 18, 2014
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Date: Feb 13, 2014
NOTICE OF MOTION (AMENDED) (Motion 001)
Date: Dec 26, 2013
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Dec 02, 2013
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 001)
Date: Nov 30, 2013
NOTICE OF MOTION
Date: Nov 30, 2013
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Nov 17, 2013
ANSWER
Date: Nov 05, 2013
STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Date: Nov 04, 2013
COMPLAINT
Date: Sep 30, 2013Case Events
| Date | Type | Description | |
|---|---|---|---|
| July 19, 2017 | Docket Event |
ORDER - DISMISSAL (Motion #003) of action post judgment |
|
| July 13, 2017 | hearing |
Fully Submitted - No Opposition (Motion #003) Part 29 
Judge: Siwek, Hon. Donna M. |
|
| June 26, 2017 | Motion |
Dismiss Complaint (Motion #003) Decided: 07/13/2017Granted Before Justice: Siwek, Hon. Donna M. Answer demanded: No
Judge: Siwek, Hon. Donna M. |
|
| June 20, 2017 | Docket Event | ORDER ( PROPOSED ) | |
| June 20, 2017 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #003) affirmation in support of motion to discontinue action |
|
| June 20, 2017 | Docket Event | NOTICE OF MOTION | |
| June 20, 2017 | Docket Event |
EXHIBIT(S) - A (Motion #003) stipulation agreeing to discontinuance |
|
| March 28, 2016 | hearing |
Post Disposition - Conference Held FCP Judge: Part (FCP), Foreclosure |
|
| September 28, 2015 | hearing |
Adjourned FCP Judge: Part (FCP), Foreclosure |
|
| January 13, 2015 | Docket Event | JUDGMENT OF FORECLOSURE AND SALE entered in the office of the County Clerk on January 13, 2015 | |
| January 12, 2015 | Docket Event | JUDGMENT OF FORECLOSURE AND SALE entered in the office of the County Clerk on January 12, 2015 | |
| January 12, 2015 | Docket Event | JUDGMENT - SIGNED BY COURT TO COUNTY CLERK | |
| December 18, 2014 | hearing |
Fully Submitted - No Opposition (Motion #002) Part 29
Judge: Siwek, Hon. Donna M. |
|
| December 08, 2014 | hearing |
Adjourned Part 29
Judge: Siwek, Hon. Donna M. |
|
| November 24, 2014 | Motion |
Judgment - Foreclosure & Sale (Motion #002) Decided: 12/18/2014Decided Before Justice: Siwek, Hon. Donna M. Answer demanded: No
Judge: Siwek, Hon. Donna M. |
|
| November 18, 2014 | Docket Event | JUDGMENT -TO COURT (PROPOSED) | |
| November 18, 2014 | Docket Event | AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION | |
| November 18, 2014 | Docket Event | NOTICE OF MOTION | |
| November 18, 2014 | Docket Event |
EXHIBIT(S) - A reference to earlier filed Referee's Oath |
|
| November 18, 2014 | Docket Event |
OATH Referee's Report of Computations |
|
| November 18, 2014 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE | |
| November 18, 2014 | Docket Event |
EXHIBIT(S) - A photographs of mortgaged premises |
|
| November 18, 2014 | Docket Event |
AFFIDAVIT *Corrected* Plaintiff's Affidavit of Amount Due on Mortgage |
|
| November 18, 2014 | Docket Event |
EXHIBIT(S) - 1 (Motion #002) copies of invoices and bill to support attorney fees and bill of costs |
|
| November 18, 2014 | Docket Event |
BILL OF COSTS (Motion #002) proposed Bill of Costs to accompany proposed Judgment |
|
| November 18, 2014 | Docket Event |
EXHIBIT(S) - B county tax bills and payment records |
|
| October 07, 2014 | Docket Event | LETTER / CORRESPONDENCE TO JUDGE | |
| October 07, 2014 | hearing |
Adjourned Part 29
Judge: Siwek, Hon. Donna M. |
|
| August 07, 2014 | hearing |
Adjourned Part 29
Judge: Siwek, Hon. Donna M. |
|
| May 19, 2014 | Docket Event | Oath of Referee to Compute | |
| May 06, 2014 | Docket Event | ORDER - MOTION - LONG FORM | |
| May 01, 2014 | hearing |
Fully Submitted - No Opposition (Motion #001) Part 29
Judge: Siwek, Hon. Donna M. |
|
| March 19, 2014 | Docket Event |
ORDER ( PROPOSED ) (Motion #001) Proposed Order of Reference |
|
| February 20, 2014 | Docket Event |
MEMORANDUM OF LAW IN SUPPORT (Motion #001) In Support of Denial of Plaintiff's Summary Judgment Motion |
|
| February 20, 2014 | hearing |
Adjourned (Motion #001) Part 29
Judge: Siwek, Hon. Donna M. |
|
| February 18, 2014 | Docket Event | MEMORANDUM OF LAW | |
| February 13, 2014 | Docket Event | AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION | |
| February 13, 2014 | Motion |
Order of Reference/Referee to Compute (Motion #001) Decided: 05/01/2014Granted Before Justice: Siwek, Hon. Donna M. Answer demanded: No
Judge: Siwek, Hon. Donna M. |
|
| January 23, 2014 | hearing |
Adjourned (Motion #001) Part 29
Judge: Siwek, Hon. Donna M. |
|
| December 26, 2013 | Docket Event |
NOTICE OF MOTION (AMENDED) (Motion #001) contains exact return date |
|
| December 26, 2013 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE | |
| December 02, 2013 | Docket Event | STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING | |
| December 02, 2013 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE | |
| November 30, 2013 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001) Affidavit in support of amount due |
|
| November 30, 2013 | Docket Event | NOTICE OF MOTION | |
| November 30, 2013 | Docket Event |
EXHIBIT(S) - B (Motion #001) affidavits of service |
|
| November 30, 2013 | Docket Event |
EXHIBIT(S) - A (Motion #001) Notice of Pendency |
|
| November 30, 2013 | Docket Event | AFFIRMATION / AFFIDAVIT OF REGULARITY | |
| November 30, 2013 | Docket Event |
EXHIBIT(S) - 1 affidavits of service attached to addendum |
|
| November 30, 2013 | Docket Event | EXHIBIT(S) - 3 | |
| November 30, 2013 | Docket Event |
EXHIBIT(S) - 2 (Motion #001) copy of Answer |
|
| November 30, 2013 | Docket Event | ADDENDUM - FORECLOSURE (840F) | |
| November 30, 2013 | Docket Event |
EXHIBIT(S) - 1a (Motion #001) part 2 of Exhibit 1 - copy of complaint |
|
| November 30, 2013 | Docket Event |
RJI -RE: OTHER(SPECIFY IN DESCRIPTION AREA) RJI to appoint judge to hear motion for summary judgment |
|
| November 30, 2013 | Docket Event |
EXHIBIT(S) - 1 (Motion #001) part 1 of Exhibit 1 - copy of complaint |
|
| November 17, 2013 | Docket Event | STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING | |
| November 17, 2013 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE | |
| November 05, 2013 | Docket Event | ANSWER | |
| November 04, 2013 | Docket Event | STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING | |
| November 04, 2013 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE | |
| September 30, 2013 | Docket Event | COMPLAINT | |
| September 30, 2013 | Docket Event | NOTICE OF PENDENCY | |
| September 30, 2013 | Docket Event | EXHIBIT(S) - G-K | |
| September 30, 2013 | Docket Event | EXHIBIT(S) - A-F | |
| September 30, 2013 | Docket Event | SUMMONS |
