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FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
WELLS FARGO BANK, N.A.,
Plaintiff, AFFIRMATION IN
-against- SUPPORT
PAULINE LOVELACE; NEW YORK CITY TRANSIT Index No: 704716/2021
ADJUDICTION BUREAU; NEW YORK CITY PARKING
VIOLATIONS BUREAU; GLENN A. BECKER, M.D.;
NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD,
Defendants.
STATE OF NEW JERSEY )
COUNTY OF BERGEN ) ss:
Louis A. Levithan, Esq., an attorney duly admitted to practice law before the Courts of the
State of New York, affirms pursuant to CPLR § 2106 and under penalties of perjury as follows:
1. I am an associate attorney in the law firm of Knuckles, Komosinski & Manfro,
LLP, attorneys for Wells Fargo Bank, N.A. (hereinafter "Plaintiff"), and as such I am fully familiar
with the facts and circumstances of this action and the proceedings herein.
2. I submit this Affirmation seeking the court to vacate a court Order entered on
August 8, 2022 which Order appointed a successor referee.
STATEMENT OF RELEVEANT FACTS & PROCEDURAL HISTORY
3. Plaintiff commenced the above-captioned action by filing a Summons and
Complaint with Notice of Pendency with the Queens County Clerk on August 12, 2013. The
Complaint seeks, inter alia, to foreclose on a mortgage loan given by defendant, Pauline Lovelace
1280'
(hereinafter "Defendant") which was secured against the real property located at 161-19
Avenue, Jamaica, NY 11434 (hereinafter the "Subject Premises").
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/24/2022
4. On June 30, 2022, Plaintiff filed a Motion for Appointing Successor Referee. A
copy of Plaintiff's motion papers is annexed hereto as Exhibit A.
5. On August 8, 2022, an Order Appointing a Successor Referee was entered. A copy
of the entered Order is annexed hereto as Exhibit B.
6. However, unbeknownst to the Plaintiff, on May 6, 2022 defendant filed a Chapter
7 Bankruptcy. This bankruptcy is stillactive. A copy of the Defendant's bankruptcy docket is
annexed hereto as Exhibit C.
Defendants'
7. As soon as Plaintiff became aware of the bankruptcy, Plaintiff notified
the court that the matter should have been stayed and requested that the August 8, 2022 Order be
vacated. A copy of the Plaintiff's letter is annexed hereto as Exhibit D.
8. Plaintiff's instant motion then follows.
ARGUMENT
9. USCS §362 (1), states that that continuation of a judicial proceeding against a
debtor operates as a stay.
10. Additionally, the Automatic stay statute (USCS §362) is applicable to any act to
obtain possession of the property of the estate or of property from the estate or to exercise control
over property of the estate. S_ee USCS 4362 (3). Further, the statute applies to any act to perfect,
or enforce any lien against property of the estate or any act to create, perfect, or enforce against
property of the debtor any lien to the extent that such lien secures a claim that arose before the
commencement of the case under this title.See USCS §362 (4)-(5). When there is an Automatic
stay, there can be no act to collect or recover a claim against a debtor that arose before the
commencement of the case under this title.S_e_eUSCS S362 (6).
11. The defendant in this matter filed a bankruptcy on May 6, 2022. See_Exhibit C.
defendants'
Due to the bankruptcy filing, the foreclosure matter was stayed.
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12. Since the Court and Plaintiff were unaware of the bankruptcy stay, the Court issued
an Order Appointing a Successor Referee on August 8, 2022. See Exhibit B
13. As the order Plaintiff's Motion for Appointing a Successor Referee was
granting
improperly entered during the automatic bankruptcy stay, Plaintiff respectfully requests that that
Order entered on August 8, 2022 Appointing a Successor Referee be vacated.
WHEREFORE, Plaintiff respectfully requests a decision and order: (i) Vacating the
August 8, 2022 Order Appointing a Successor Referee and (ii) granting such other and further
relief as to this Court deems just and proper.
Dated: Upper Saddle River, NJ
August 24, 2022
Respectfully submitted,
Knuckles, omosinski & a fro, LLP
By:
Louis A. Levithan, Esq.
Attorneys for Plaintiff
600 East Crescent Ave., Suite 201
Upper Saddle River, NJ 07458
(201) 391-0370
MainOffice
565 Taxter Road, Suite 590
Elmsford, NY 10523
(914) 345-3020
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Preview
FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS WELLS FARGO BANK, N.A., Plaintiff, AFFIRMATION IN -against- SUPPORT PAULINE LOVELACE; NEW YORK CITY TRANSIT Index No: 704716/2021 ADJUDICTION BUREAU; NEW YORK CITY PARKING VIOLATIONS BUREAU; GLENN A. BECKER, M.D.; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. STATE OF NEW JERSEY ) COUNTY OF BERGEN ) ss: Louis A. Levithan, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, affirms pursuant to CPLR § 2106 and under penalties of perjury as follows: 1. I am an associate attorney in the law firm of Knuckles, Komosinski & Manfro, LLP, attorneys for Wells Fargo Bank, N.A. (hereinafter "Plaintiff"), and as such I am fully familiar with the facts and circumstances of this action and the proceedings herein. 2. I submit this Affirmation seeking the court to vacate a court Order entered on August 8, 2022 which Order appointed a successor referee. STATEMENT OF RELEVEANT FACTS & PROCEDURAL HISTORY 3. Plaintiff commenced the above-captioned action by filing a Summons and Complaint with Notice of Pendency with the Queens County Clerk on August 12, 2013. The Complaint seeks, inter alia, to foreclose on a mortgage loan given by defendant, Pauline Lovelace 1280' (hereinafter "Defendant") which was secured against the real property located at 161-19 Avenue, Jamaica, NY 11434 (hereinafter the "Subject Premises"). -3- 1 of 3 FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/24/2022 4. On June 30, 2022, Plaintiff filed a Motion for Appointing Successor Referee. A copy of Plaintiff's motion papers is annexed hereto as Exhibit A. 5. On August 8, 2022, an Order Appointing a Successor Referee was entered. A copy of the entered Order is annexed hereto as Exhibit B. 6. However, unbeknownst to the Plaintiff, on May 6, 2022 defendant filed a Chapter 7 Bankruptcy. This bankruptcy is stillactive. A copy of the Defendant's bankruptcy docket is annexed hereto as Exhibit C. Defendants' 7. As soon as Plaintiff became aware of the bankruptcy, Plaintiff notified the court that the matter should have been stayed and requested that the August 8, 2022 Order be vacated. A copy of the Plaintiff's letter is annexed hereto as Exhibit D. 8. Plaintiff's instant motion then follows. ARGUMENT 9. USCS §362 (1), states that that continuation of a judicial proceeding against a debtor operates as a stay. 10. Additionally, the Automatic stay statute (USCS §362) is applicable to any act to obtain possession of the property of the estate or of property from the estate or to exercise control over property of the estate. S_ee USCS 4362 (3). Further, the statute applies to any act to perfect, or enforce any lien against property of the estate or any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title.See USCS §362 (4)-(5). When there is an Automatic stay, there can be no act to collect or recover a claim against a debtor that arose before the commencement of the case under this title.S_e_eUSCS S362 (6). 11. The defendant in this matter filed a bankruptcy on May 6, 2022. See_Exhibit C. defendants' Due to the bankruptcy filing, the foreclosure matter was stayed. -4- 2 of 3 FILED: QUEENS COUNTY CLERK 08/24/2022 10:10 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 08/24/2022 12. Since the Court and Plaintiff were unaware of the bankruptcy stay, the Court issued an Order Appointing a Successor Referee on August 8, 2022. See Exhibit B 13. As the order Plaintiff's Motion for Appointing a Successor Referee was granting improperly entered during the automatic bankruptcy stay, Plaintiff respectfully requests that that Order entered on August 8, 2022 Appointing a Successor Referee be vacated. WHEREFORE, Plaintiff respectfully requests a decision and order: (i) Vacating the August 8, 2022 Order Appointing a Successor Referee and (ii) granting such other and further relief as to this Court deems just and proper. Dated: Upper Saddle River, NJ August 24, 2022 Respectfully submitted, Knuckles, omosinski & a fro, LLP By: Louis A. Levithan, Esq. Attorneys for Plaintiff 600 East Crescent Ave., Suite 201 Upper Saddle River, NJ 07458 (201) 391-0370 MainOffice 565 Taxter Road, Suite 590 Elmsford, NY 10523 (914) 345-3020 -5- 3 of 3