On June 10, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Trustco Bank,
and
Anne M. Kuroly,
Catherine A. Schwabe,
John Doe,,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Rensselaer County.
Preview
FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2021
"A"
EXHIBIT
FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 18 RECEIVED
INDEX.NO. NYSCEF: 11/01/2021
EF2021-269048
fli'ILED: RENSSELAER COUNTY CLERK 06/10/2021 11:47 AM
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021
SUPREMECOURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
------------------------------ ----- CERTI FICATE OF MERIT
TRUSTCO BANK PURSUANT TO CPLR
3012-b
Plaintiff
INDEX NO.:
-against -
MORTGAGED PROPERTY:
ANNE M. KUROLY; CATHERINE A. SCHWABE; and 11 Rhode Island Ave
DOE,"
"JOHN (said name being fictitious, itbeing the Rensselaer, NY 12144
intention of the plaintiff to designate any and all COUNTY: Reneselaer
persons in possession of the mortgaged premises) SBL #: 155.9-15-10
Defendant(s)
_........--.___..__.____..------- _..--...---
Melissa M. Tobrooke, pursuant to CPLR §3012-b (a) and under the pøGaltias of
perjury, affirms as follows:
1. I am an attomey at law duly licensed to practice in the State of New York
and am a partner with the Law Firm of Overton, Russell, Doerr & Donovan, LLP, the
attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As
such, I am fully aware of the underlying action, as well as the proceedings had.hereln.
2. On May 31, 2021, I communicated with the following representatives of
Plaintiff, who informed me that he (a) personally reviewed plaintiff's documents and
records relating to this case for factual accuracy; and (b) confirmed the factual accuracy
of the allegations set forth in the Complaint and any supporting affidavits or affirmations
filed with the Court, as well as the accuracy of the notarizations contained in the
supporting documents filed therewith:
NAME TITLE
Michelle Simmonds Administrative Vice
President
3. Based upon my communication with Michelle Simmonds, as well as upon
my own inspection and other reasonable inquiry under the circumstances, 1 affirm that,
to the best of my knowledge, information and belief, the Summons, Complaint and all
other papers filed or submitted to the Count in this matter contain no false statements of
fact or law. I understand my continuing obligation to amend this Affirmation in light of
newly discovered material facts following itsfiling.
H$ASDOCSlLINDAlFORECLOSURES\TRUSTCOlKuroly, Gatherlr1aicaitlilcEtecimart.doc
Anne5Schy,Ebs,
1 of 2
FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 18 RECEIVED
INDEX NYSCEF:
NO. 11/01/2021
EF2021-269048
[FILED : RENŠ¯SELAER COUNTY CLERK 06/10 /2021 11: 47 Ab_2
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021
4. I am aware of my obligations under New York Rules of Professional
Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.
DATED: u®91
ÏJlelissa M. Tobrocke, Esq.
OVERTON, RUSSELL, DOERR & DONOVAN, LLP
Attorney for Plaintiff
19 Executive Park Drive
Clifton Park, New York 12065
(518) 383-4000
HivéüüG Eiú.INDAIFOFIECI
nut mESlTRUSTOOMrroy,
Ame & Schwabs,CatherinnicardEcate
ofmaril.doo
2 of 2
Document Filed Date
November 01, 2021
Case Filing Date
June 10, 2021
Category
Real Property - Mortgage Foreclosure - Residential
Status
Disposed-Court Date/Application Pending
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Preview
FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2021 "A" EXHIBIT FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 18 RECEIVED INDEX.NO. NYSCEF: 11/01/2021 EF2021-269048 fli'ILED: RENSSELAER COUNTY CLERK 06/10/2021 11:47 AM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021 SUPREMECOURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER ------------------------------ ----- CERTI FICATE OF MERIT TRUSTCO BANK PURSUANT TO CPLR 3012-b Plaintiff INDEX NO.: -against - MORTGAGED PROPERTY: ANNE M. KUROLY; CATHERINE A. SCHWABE; and 11 Rhode Island Ave DOE," "JOHN (said name being fictitious, itbeing the Rensselaer, NY 12144 intention of the plaintiff to designate any and all COUNTY: Reneselaer persons in possession of the mortgaged premises) SBL #: 155.9-15-10 Defendant(s) _........--.___..__.____..------- _..--...--- Melissa M. Tobrooke, pursuant to CPLR §3012-b (a) and under the pøGaltias of perjury, affirms as follows: 1. I am an attomey at law duly licensed to practice in the State of New York and am a partner with the Law Firm of Overton, Russell, Doerr & Donovan, LLP, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had.hereln. 2. On May 31, 2021, I communicated with the following representatives of Plaintiff, who informed me that he (a) personally reviewed plaintiff's documents and records relating to this case for factual accuracy; and (b) confirmed the factual accuracy of the allegations set forth in the Complaint and any supporting affidavits or affirmations filed with the Court, as well as the accuracy of the notarizations contained in the supporting documents filed therewith: NAME TITLE Michelle Simmonds Administrative Vice President 3. Based upon my communication with Michelle Simmonds, as well as upon my own inspection and other reasonable inquiry under the circumstances, 1 affirm that, to the best of my knowledge, information and belief, the Summons, Complaint and all other papers filed or submitted to the Count in this matter contain no false statements of fact or law. I understand my continuing obligation to amend this Affirmation in light of newly discovered material facts following itsfiling. H$ASDOCSlLINDAlFORECLOSURES\TRUSTCOlKuroly, Gatherlr1aicaitlilcEtecimart.doc Anne5Schy,Ebs, 1 of 2 FILED: RENSSELAER COUNTY CLERK 11/01/2021 04:11 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 18 RECEIVED INDEX NYSCEF: NO. 11/01/2021 EF2021-269048 [FILED : RENŠ¯SELAER COUNTY CLERK 06/10 /2021 11: 47 Ab_2 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/10/2021 4. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. DATED: u®91 ÏJlelissa M. Tobrocke, Esq. OVERTON, RUSSELL, DOERR & DONOVAN, LLP Attorney for Plaintiff 19 Executive Park Drive Clifton Park, New York 12065 (518) 383-4000 HivéüüG Eiú.INDAIFOFIECI nut mESlTRUSTOOMrroy, Ame & Schwabs,CatherinnicardEcate ofmaril.doo 2 of 2