Preview
FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
CHESWOLD (TL), LLC, STIPULATION TO
CANCEL NOTICE
Plaintiff, OF PENDENCY
AND
v. DISCONTINUANCE
OF ACTION
STEVEN W. GORDON;
ASSET ACCEPTANCE, LLC; Index No.
THE PEOPLE OF THE STATE OF NEW YORK EF008381-2017
#1"
AND "JOHN DOE THROUGH "JOHN DOE #100",
Defendants.
IT IS HEREBY AGREED AND STIPULATED by the attorneys for the plaintiff
and by the attorneys for the defendant who has appeared, answered-or made a motion in the
above-entitled action that the notice of pendency in the above-entitled action filed in the
Orange County Clerk's Office on October 17, 2017 shall be cancelled and discharged of
record pursuant to CPLR § 6514 (d) and that the action bearing the above-described caption
and index number be discontinued pursuant to CPLR § 3217 upon filing this stipulation and
the annexed affirmation of the attorney for the plaintiff with the Clerk of the County of
Orange and the Clerk of the Court.
Dated: August , 2018
PHILLIPS LYT LLP
By:
RichardqL Evans, tr.
Attorneys for Plaintiff
Cheswold (TL), LLC,
28 East Main Street, Suite 1400
Rochester, New York 14614
Telephone No. (585) 758-2110
revans@phillipslytle.com
Filedin Orange County 09/12/2018 12:08:38 PM $0.00 1
Bk: of
51265 Pg: 1909 Index: # EF008381-2017 Clerk: DK
FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
CHESWOLD (TL), LLC, ATTORNEY'S
AFFIRMATION
Plaintiff,
v. Index No.
EF008381-2017
STEVEN W. GORDON;
ASSET ACCEPTANCE, LLC;
THE PEOPLE OF THE STATE OF NEW YORK
#1" "
AND "JOHN DOE THROUGH JOHN DOE #100",
Defendants.
Richard J. Evans, Jr.,Esq., the undersigned, an attorney admitted to practice in the
courts of New York, duly affirms and says the following statements.to be true under the
penalties of perjury pursuant to CPLR 2106:
1. I am special counsel with the firm of Phillips Lytle LLP, the attorneys of
record for the Plaintiff in the above-entitled action which was commenced to foreclose a tax
lien on the real property known as 9 Smith Street, City of Middletown, New York.
2. The summons, complaint and notice of pendency were filed in the Office of
the Clerk of the County of Orange on October 17, 2017.
3. Only defendant, Steven W. Gordon, has appeared, ans wered or made any
motion with respect to the complaint in this action and said defendant has, by his attorney,
stipulated and agreed to the discontinuance of this action and to the cancellation of the
notice of pendency. The executed stipulation is attached hereto.
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FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018
4. The time for all remaining defendants to appear .has expired and such
defendants have failed to appear. Steven W. Gordon has received notice of this
cancellation and discontinuance pursuant to the affidavit of service by mail attached
hereto.
5. No judgment of foreclosure and sale has been entered herein.
6. This action is being discontinued and the notice(s) of pendency cancelled
because the tax lien has redeemed.
7. This affirmation is made pursuant to CPLR § 6514 (d) in order to effectuate
thè cancellation of the notice of pendency filed in this action and pursuant to CPLR §
3217(a)(1) for the purpose of discontinuing the action herein. Pursuant to CPLR §
3217(a)(2), no party is an infant, incompetent person for whom a committee has been
appointed or conservatee and no person not a party has an interest in the subject matter of
the action.
Dated: August N , 2018
Richard J. Evans, Jr.
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FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018
Index No. EF008381-2017
Cheswold (TL), LLC vs. Gordon
.
Zerilli & Assedates, P.C.
o p . ecker, Esq.
A eys for Defendant
Steven W Gordon
20 South Main St., Suite 5
New City, New York 10956
(845)638-6666
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FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
CHESWOLD (TL), LLC,
Plaintiff, AFFIDAVIT OF
SERVICE BY MAIL
v.
STEVEN W. GORDON, et al. Index No.
EF008381-2017
Defendants.
STATE OF NEW YORK)
COUNTY OF MONROE) ss.:
The undersigned being duly sworn, deposes and says:
Deponent is not a party to the action, is over 18 years of age and works in Rochester, New
York. On the 12th day of September, 2018, Deponent served a copy of the Stipulation to
Cancel Notice of Pendency and Discontinuance of Action on the following party:
Steven W. Gordon
9 Smith Street
Middletown, New York 10940
-and-
7 Smith Street
Middletown, New York 10940
at the address(es) designated by said attorney(s) and/or parties for that purpose by
depositing true copies of same enclosed in postpaid properly addressed wrappings, in an
official post office depository under the exclusive care and custody of the United States
Postal Service within the State of New York.
Brianna M. Smith
Sworn before m
this _ day of Se t er, 2 18
Notary Public
ANDREA P. CHAMBERLAIN
NOTA RY PUBLIC, State of New York
Qualifiedin Monroe County
Registration No. 01CH6346502
Commission Expires August 15,2020
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Preview
FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE CHESWOLD (TL), LLC, STIPULATION TO CANCEL NOTICE Plaintiff, OF PENDENCY AND v. DISCONTINUANCE OF ACTION STEVEN W. GORDON; ASSET ACCEPTANCE, LLC; Index No. THE PEOPLE OF THE STATE OF NEW YORK EF008381-2017 #1" AND "JOHN DOE THROUGH "JOHN DOE #100", Defendants. IT IS HEREBY AGREED AND STIPULATED by the attorneys for the plaintiff and by the attorneys for the defendant who has appeared, answered-or made a motion in the above-entitled action that the notice of pendency in the above-entitled action filed in the Orange County Clerk's Office on October 17, 2017 shall be cancelled and discharged of record pursuant to CPLR § 6514 (d) and that the action bearing the above-described caption and index number be discontinued pursuant to CPLR § 3217 upon filing this stipulation and the annexed affirmation of the attorney for the plaintiff with the Clerk of the County of Orange and the Clerk of the Court. Dated: August , 2018 PHILLIPS LYT LLP By: RichardqL Evans, tr. Attorneys for Plaintiff Cheswold (TL), LLC, 28 East Main Street, Suite 1400 Rochester, New York 14614 Telephone No. (585) 758-2110 revans@phillipslytle.com Filedin Orange County 09/12/2018 12:08:38 PM $0.00 1 Bk: of 51265 Pg: 1909 Index: # EF008381-2017 Clerk: DK FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE CHESWOLD (TL), LLC, ATTORNEY'S AFFIRMATION Plaintiff, v. Index No. EF008381-2017 STEVEN W. GORDON; ASSET ACCEPTANCE, LLC; THE PEOPLE OF THE STATE OF NEW YORK #1" " AND "JOHN DOE THROUGH JOHN DOE #100", Defendants. Richard J. Evans, Jr.,Esq., the undersigned, an attorney admitted to practice in the courts of New York, duly affirms and says the following statements.to be true under the penalties of perjury pursuant to CPLR 2106: 1. I am special counsel with the firm of Phillips Lytle LLP, the attorneys of record for the Plaintiff in the above-entitled action which was commenced to foreclose a tax lien on the real property known as 9 Smith Street, City of Middletown, New York. 2. The summons, complaint and notice of pendency were filed in the Office of the Clerk of the County of Orange on October 17, 2017. 3. Only defendant, Steven W. Gordon, has appeared, ans wered or made any motion with respect to the complaint in this action and said defendant has, by his attorney, stipulated and agreed to the discontinuance of this action and to the cancellation of the notice of pendency. The executed stipulation is attached hereto. 2 of 5 FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018 4. The time for all remaining defendants to appear .has expired and such defendants have failed to appear. Steven W. Gordon has received notice of this cancellation and discontinuance pursuant to the affidavit of service by mail attached hereto. 5. No judgment of foreclosure and sale has been entered herein. 6. This action is being discontinued and the notice(s) of pendency cancelled because the tax lien has redeemed. 7. This affirmation is made pursuant to CPLR § 6514 (d) in order to effectuate thè cancellation of the notice of pendency filed in this action and pursuant to CPLR § 3217(a)(1) for the purpose of discontinuing the action herein. Pursuant to CPLR § 3217(a)(2), no party is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action. Dated: August N , 2018 Richard J. Evans, Jr. 3 of 5 FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018 Index No. EF008381-2017 Cheswold (TL), LLC vs. Gordon . Zerilli & Assedates, P.C. o p . ecker, Esq. A eys for Defendant Steven W Gordon 20 South Main St., Suite 5 New City, New York 10956 (845)638-6666 4 of 5 FILED: ORANGE COUNTY CLERK 09/12/2018 12:08 PM INDEX NO. EF008381-2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE CHESWOLD (TL), LLC, Plaintiff, AFFIDAVIT OF SERVICE BY MAIL v. STEVEN W. GORDON, et al. Index No. EF008381-2017 Defendants. STATE OF NEW YORK) COUNTY OF MONROE) ss.: The undersigned being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age and works in Rochester, New York. On the 12th day of September, 2018, Deponent served a copy of the Stipulation to Cancel Notice of Pendency and Discontinuance of Action on the following party: Steven W. Gordon 9 Smith Street Middletown, New York 10940 -and- 7 Smith Street Middletown, New York 10940 at the address(es) designated by said attorney(s) and/or parties for that purpose by depositing true copies of same enclosed in postpaid properly addressed wrappings, in an official post office depository under the exclusive care and custody of the United States Postal Service within the State of New York. Brianna M. Smith Sworn before m this _ day of Se t er, 2 18 Notary Public ANDREA P. CHAMBERLAIN NOTA RY PUBLIC, State of New York Qualifiedin Monroe County Registration No. 01CH6346502 Commission Expires August 15,2020 5 of 5