On March 27, 2018 a Stipulation,Agreement was filed involving a dispute between Nyctl 2017-A Trust And The Bank Of New York Mellon, As Collateral Agent And Custodian For Nyctl 2017-A Trust, and And Generally All Persons Having Or Claiming Under, By, Or Through Any Of The Aforesaid Individual Captioned Defendants, If Any, If They Be Dead, Whether By Purchase, Inheritance, Lien Or Otherwise, Including Any Right, Title Or Interest In And To The Real Property Described In The Complaint Herein, All Of Who And Whose Names And Places Of Residence Are Unknown To The Plaintiffs, And Generally All Persons Having Or Claiming Under, By, Or Through Any Of The Aforesaid Individual Captioned Defendants, If Any, If They Be Dead, Whether By Purchase, Inheritance, Lien Or Otherwise, Including Any Right, Title Or Interest In And To The Real Property Described In The Complaint Herein, All Of Who And Whose Names And Places Of Residence Are Unknown To The Plaintiffs, Bank Of America, N.A., Successor By Merger To Bac Home Loans Servicing Lp Fka Countrywide Home Loans Servicing, Lp, Bank Of America, N.A., Successor By Merger To Bac Home Loans Servicing Lp Fka Countrywide Home Loans Servicing, Lp, City Of New York Department Of Housing Preservation And Development, City Of New York Environmental Control Board, Cityscape Corp., John Doe #1 Through John Doe #100, John Doe #1 Through John Doe #100, Luzby S. Gallego, New York State Department Of Taxation And Finance, The Last 100 Names Being Fictitious And Unknown To Plaintiffs, The Persons Or Parties Intended Being The Owners, Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises, Described In The Complaint, And If Any Of The Aforesaid Individual Captioned Defendants, If Any, Be Dead, Their Respective Heirs-At-Law, Next Of Kin, Executors, Administrators, Trustees, Devisees, Legatees, Assignees, Lienors, Creditors, And Successors In Interest, The Last 100 Names Being Fictitious And Unknown To Plaintiffs, The Persons Or Parties Intended Being The Owners, Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises, Described In The Complaint, And If Any Of The Aforesaid Individual Captioned Defendants, If Any, Be Dead, Their Respective Heirs-At-Law, Next Of Kin, Executors, Administrators, Trustees, Devisees, Legatees, Assignees, Lienors, Creditors, And Successors In Interest, United States Of America, for Real Property - Tax Foreclosure in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 02/24/2019 05:26 PM INDEX NO. 704593/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/24/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------- -------------------------x NYCTL 2017-A TRUST AND THE BANK OF NEW YORK INDEX NO: 704593/2018 MELLON, AS COLLATERAL AGENT AND CUSTODIAN FOR NYCTL 2017-A TRUST, AFFIRMATION TO DISCONTINUE ACTION Plaintiffs, AND CANCEL LIS PENDENS -against- LUZBY S. GALLEGO; UNITED STATES OF AMERICA; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; CITYSCAPE CORP.; BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP; CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT; CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, 1" "JOHN DOE # through "JOHN DOE # 100", the last 100 names being fictitious and unknown to plaintiffs, the persons or parties intended being the owners, tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, and if any of the aforesaid individual captioned defendants, if any, be dead, their respective heirs-at-law, next of kin, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest, and generally all persons having or claiming under, by, or through any of the aforesaid individual captioned defendants, if any, ifthey be dead, whether by purchase, inheritance, lien or otherwise, including any right, titleor interest in and to the real property described in the complaint herein, all of who and whose names and places of residence are unknown to the plaintiffs; Defendants. ---________________-------------__________________---------------- X STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) JOSHUA LEVY, an attorney duly admitted to practice in the Courts of this State, affirms the following to be true under the penalties of perjury: 1 of 3 FILED: QUEENS COUNTY CLERK 02/24/2019 05:26 PM INDEX NO. 704593/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/24/2019 1. I am a member of the firm of the attorney of record for the plaintiffs in the above entitled action, and make this affirmation pursuant to CPLR §6514 for the purpose of canceling the notice of pendency of action and discontinuing this action. 2. This action was commenced to foreclose a certain tax lien in the amount of $9,203.84. 3. The premises affected by said tax lien are known as and by: Block: 10064 Lot: 245 Said premises also known as and by: 107-10 142ND STREET, JAMAICA, NY. 4. The summons, complaint and lis pendens were filed in the office of the Clerk of the County of Queens on March 27, 2018. 5. All of the necessary party defendants were served with copies of the summons and complaint, or the time to do so has expired, and none have answered, moved, or appeared with respect thereto, although the time within which to do so has expired and has not been extended by court order or otherwise, except the following defendant: CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT that has appeared. 6. The consent of the appearing defendant CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT is annexed hereto. 7. No referee has been appointed in this action. 8. No receiver has been appointed in this action. 9. The tax lien that was the subject of this action has been satisfied in full, or declared defective by the City of New York, and accordingly, the action has been discontinued. WHEREFORE, itis respectfully requested that the County Clerk mark the subject lis pendens canceled pursuant to CPLR §6514(e). Dated: Great Neck, NY February 24, 2019 J(1$14Td A/lEVY 2 of 3 FILED: QUEENS COUNTY CLERK 02/24/2019 05:26 PM INDEX NO. 704593/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 02/24/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------_________--____--------X NYCTL 2017-ATRUST AND THE BANK OF NEW YORK MELLON, AS COLLATERAL AGENT AND CUSTODIAN FOR NYTCL 2017-A TRUST, INDEX NO.: Plaintiffs, 704593/2018 -against- CONSENT LUZBY S. GALLEGO, ET AL., Defendants. ----______---------______________------__...._ .. -------------------X The undersigned, the attorney for the defendant, CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, hereby consents that the above entitled action may be discontinued without costs in favor of any party, and that the notice of pendency of action filed in this action in the office of the Clerk of the County of Queens on March 27, 2018 be canceled and discharged of record. Dated: January , 2019 REF ROSS, ESQ. A TORNEY FOR DEFENDANT CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT 3 of 3