Preview
At
the
IAS
State
Part
of
_
New
of the Supreme
held in and
Court
for
of
the
York,
County of Dutchess, at the Courthouse
thereof, 10 Market St., Poughkeepsie New
York, on the day of
, 2022.
Present:
Justice
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PARK TREE INVESTMENTS 19, LLC Index No.: 2021-54271
Plaintiff(s),
ORDER OF
-against- PUBLICATION OF
SUPPLEMENTAL
MICHAEL KORAN A/K/A MICHAEL D. KORAN SUMMONS AND
UNIFUND CCR PARTNERS APPOINTMENT OF
ST. FRANCIS HOSPITAL GUARDIAN AD LITEM
MIDLAND FUNDING LLC A/P/O CITIBANK (SOUTH
DAKOTA), N.A.
BOARD OF MANAGERS OF GREEN HILLS AT GLENHAM
CONDOMINIUM
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve
names being fictitious and unknown to plaintiff, the persons or
parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien
upon the premises, described in the complaint,
Defendant(s).
----------------- ------------------ ------------x
UPON reading and filing the Affirmation of Jennifer R. Brennan, of Roach & Lin, P.C.,
attorneys of record for Plaintiff PARK TREE INVESTMENTS 19, LLC ("Plaintiff"), dated
April 29, 2022, and the exhibits annexed thereto, including the Supplemental Summons,
Amended Complaint, and Amended Notice of Pendency;
AND UPON reading the Summons and Complaint in this action, duly filed with the
Clerk of this Court and establishing a good and sufficient cause of action against Defendant
MICHAEL KORAN A/K/A MICHAEL D. KORAN("Defendant");
AND UPON reading and filing the annexed affidavits of attempted service of Shaunna
Ingrassia, sworn to on November 22, 2021, from all of which it appears to the satisfaction of this
Court that Plaintiff has been and will be unable to, with due diligence, serve the Summons and
Complaint in this action upon Defendant MICHAEL KORAN A/K/A MICHAEL D. KORAN
personally within the State of New York, and Plaintiff having thereby made proof to the Court's
satisfaction that the location of said Defendant or her personal representatives cannot with due
diligence be ascertained, and that the Plaintiff has been and will be unable in the exercise of due
diligence to make personal service of the summons herein or by any other prescribed method on
the said Defendant within the State;
NOW, on application of Roach & Lin, P.C., attorneys for Plaintiff, it is
ORDERED, that this application is in all respects granted; and itis further
ORDERED, that Plaintiff is hereby granted leave to issue, file, and serve where required
the Supplemental Summons, Amended Complaint, and Amended Notice of Pendency in the form
annexed to the supporting Affirmation, and that the title of this action is hereby amended to
conform with the title as shown on said Supplemental Summons, Amended Complaint, and
Amended Notice of Pendency without prejudice to any of the proceedings had herein; and it is
further
ORDERED, that service of the Supplemental Summons in this action upon Defendant
MICHAEL KORAN A/K/A MICHAEL D. KORAN and the unknown persons named therein, be
made by publication thereof, together with a notice and brief statement of the object of the action
and a brief description of the property in two (2) newspapers in the English language, to wit:
(1) the which is published in the County of
DUTCHESS and,
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(2) the which is published in the County of
DUTCHESS, most likely to give notice to said Defendants, once a week for four consecutive
weeks, the first of such publications to be made within thirty (30) days after entry of this Order
shall be deemed good and proper service upon said Defendants; and itis further
that the Supplemental Summons and Amended Complaint in the above-
ORDERED,
entitled action be delivered on behalf of the Defendants who may be served by publication
pursuant to this Order to of
who is hereby authorized, empowered, and designated to appear in this action as
Guardian ad Litem on behalf of any of said Defendants who may be infants, incompetents,
and/or absentees and to protect and defend the interests of said Defendants in this action, upon
filing of his/her acknowledged consent and duly qualifying affirmation; and itis further
ORDERED, that the Guardian ad Litem is hereby also appointed as special attorney
under the Military Law and shall also act for said Defendant(s) should they be in default and be
in the military service of the United States of America, for the purpose of representing them and
Members'
protecting their interests in this action, pursuant to the provisions of the Service Civil
Relief Act, and the Military Laws of the State of New York; and itis further
ORDERED, that the NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE be added as a defendant herein and that the caption of this action is hereby amended
accordingly, without prejudice to allthe proceedings heretofore had herein, and itis further
that the UNITED STATES OF AMERICA - INTERNAL REVENUE
ORDERED,
SERVICE be added as a defendant herein and that the caption of this action is hereby amended
accordingly, without prejudice to allthe proceedings heretofore had herein, and itis further
ORDERED, that the caption of this action shall be amended to read as follows:
3
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OFRENSSELAER
---------------------------___---___-----------x
PARK TREE INVESTMENTS 19, LLC Index No.: 2021-54271
Plaintiff(s),
-against -
MICHAEL KORAN A/K/A MICHAEL D. KORAN, if living,
and if he be dead, any and all persons unknown to plaintiff,
claiming, or who may claim to have an interest in, or generally or
specific lien upon the real property described in this action; such
unknown persons being herein generally described and intended
to be included in the following designation, namely: the wife,
widow, husband, widower, heirs-at-law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors, trustees,
committees, lienors, and assignees of such deceased, any and all
persons deriving interest in or lien upon, or title to said real
property by, through, or under them and their respective wives,
widows, husbands, widowers, heirs-at-law, next of kin,
descendants, executors, administrators, devisees, legatees,
creditors, trustees, committees, lienors, and assigns, all of whom
and whose names, except as stated, are unknown to plaintiff,
UNIFUND CCR PARTNERS
ST. FRANCIS HOSPITAL
MIDLAND FUNDING LLC A/P/O CITIBANK (SOUTH
DAKOTA), N.A.
BOARD OF MANAGERS OF GREEN HILLS AT GLENHAM
CONDOMINIUM
NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE
UNITED STATES OF AMERICA - INTERNAL REVENUE
SERVICE
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve
names being fictitious and unknown to plaintiff, the persons or
parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien upon
the premises, described in the complaint,
Defendant(s).
--------------------- --------------------------x
and itis further,
ORDERED, that the 120-day period provided for in CPLR 306-b for filing the Affidavits
4
of Service and Affidavits of Publication in this action is hereby tolled to the extent that the first
day of said period shall commence running on the date of the entry of this Order; and itis further
ORDERED, that the date of entry of this Order with the County Clerk shall be and
hereby is deemed to be the date of granting this order for the purpose of compliance with CPLR
316; and it isfurther
ORDERED, that any appointee named herein shall comply with Section 35-a of the
Judiciary Law of the State of New York, and itis further
ORDERED, that this Order and the papers upon which the same are based shall be filed
with the Clerk of this Court on or before the firstday of publication.
E N T E R:
J.S.C.
5
Index No.: 2021-54271
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
PARK TREE INVESTMENTS 19, LLC
Plaintiff(s),
-against-
MICHAEL KORAN A/K/A MICHAEL D. KORAN, et al.,
Defendant(s).
ORDER OF PUBLICATION OF SUPPLEMENTAL SUMMONS
AND APPOINTMENT OF GUARDIAN AD LITEM
ROACH & LIN, P.C.
Attorneys for Plaintiff
6851 Jericho Turnpike, Suite 185
Syosset, NY 11791
Ph: 516-938-3100
Pursuant to 22 NYCRR 130-1.1-a. the undersigned, an attorney admitted
to practice in the courts of New York State, certifies that, upon infbrmation
and belief and reasonable inquiry, (1) the contentions contained in the
annexed document are not fi ivolous and that (2) if the annexed document
is an initiating pleading, (i) the matter was not obtained through illegal
conduct, or that if itwas, the attorney or other persons responsible fby the
illegal conduct are not participating in the matter or sharing in any fee
earned therefi-om and that (ii) if the matter involves potential claims for
personal injury or wrongful death, the matter was not obtained in
violation of 22 NYCRR 1200.41-a.
Dated: April 29, 2022 R
Jennifer R. Brennan
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