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FILED: DUTCHESS COUNTY CLERK 05/04/2022 11:49 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOFDUTCHESS
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PARK TREE INVESTMENTS 19, LLC Index No.: 2021-54271
Plaintiff(s),
AFFIRMATION IN
-against- SUPPORT OF ORDER
OF 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).
-------- ------ ---------------------------------Ç
Jennifer R. Brennan, the undersigned, an attorney duly admitted to practice before the
Courts of this State, affirms the following under the penalty of perjury:
1. I am associated with the law firm of Roach & Lin, P.C., the attorneys of record
for Plaintiff PARK TREE INVESTMENTS 19, LLC ("Plaintiff") in the above-entitled action
and, as such, I am fully familiar with the facts hereinafter set forth.
2. This affirmation is submitted in support of Plaintiff's application for the following
relief,an order:
a. Granting Plaintiff leave to issue, file, and serve where necessary a
Supplemental Summons, Amended Complaint, and Amended
"A"
Notice of Pendency in the form annexed hereto as Exhibits
and "B", respectively, upon the New York State Department of
Taxation and Finance in order to join it as a party defendant
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because Defendant MICHAEL KORAN A/K/A MICHAEL D.
KORAN cannot be located and may be deceased thereby causing
estate taxes to be due to the New York State Department of
Taxation and Finance and upon the United States of America -
Internal Revenue Service, in order to join itas a party defendant
because Defendant MICHAEL KORAN A/K/A MICHAEL D.
KORAN cannot be located and may be deceased thereby causing
estate taxes to be due the United States of America - Internal
Revenue Service and/or creating a lien on the real property which
is the subject of this action;
b. Granting Plaintiff leave to issue, file, and serve the aforesaid
Supplemental Summons upon Defendant MICHAEL KORAN
A/K/A MICHAEL D. KORAN and the unknown persons therein
named by publication thereof, together with a notice and brief
statement of the object of the action and a brief description of the
property;
c. Appointing a Guardian Ad Litem and Military Attorney to protect
the interests of those persons who will be served by publication,
who may be infants, absentees, or incompetents;
d. Tolling the running of the time set forth in CPLR 306-b for filing
the Affidavits of Service and Affidavits of Publication; and
e. Granting such other and further relief as this Court may deem just
and proper.
3. On or about August 8, 2007, defendant, MICHAEL KORAN A/K/A MICHAEL
D. KORAN, borrowed the sum of up to $43,000.00 from GMAC MORTGAGE LLC F/K/A
GMAC MORTGAGE CORPORATION, and executed and delivered a certain note dated the
same date. A copy of the Note is annexed hereto as Exhibit "C".
4. In order to collaterally secure the aforesaid obligation, defendant, MICHAEL
KORAN A/K/A MICHAEL D. KORAN, on the same day, duly executed, acknowledged and
delivered to the plaintiff or plaintiffs assignor a mortgage, whereby said defendant mortgaged
the following real property with the appurtenances thereto, described in the mortgage as premises
being known as and by 1 C MILLHOLLAND DRIVE, FISHKILL, NY 12524. The mortgage
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/04/2022
was recorded in the Office of the CLERK of the County of DUTCHESS in Document # 01 2007
113082 on September 18, 2017. A copy of said Mortgage is annexed hereto as Exhibit "D".
5. The subject mortgage was assigned to THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL ASSOCIATION, FKA THE BANK OF NEW YORK
TRUST COMPANY N.A. SUCESSOR TO JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR GMAC HOME EQUITY LOAN TRUST 2006-HEl by
assignment of mortgage dated February 10, 2014 and which was recorded in the Office of the
CLERK of the County of DUTCHESS in Document # 01 2014 1567A on May 28, 2014, which
mortgage was assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY,
NATIONAL ASSOCIATION, FKA THE BANK OF NEW YORK TRUST COMPANY N.A.
SUCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE
FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., GMACM HOME EQUITY
LOAN TRUST 2006-HE1, by a corrective assignment of mortgage dated October 21, 2016 and
which was recorded in the Office of the CLERK of the County of DUTCHESS in Document #
01-2017-201A on January 30, 2017, which mortgage was assigned to PARK TREE
INVESTMENTS 19, LLC, by assignment of mortgage dated October 21, 2016 and which was
recorded in the Office of the CLERK of the County of DUTCHESS in Document # 01 2017
204A on January 30, 2017. Copies of the Assignments are annexed hereto as Exhibit "E".
6. As more fully set forth in the Summons and Complaint filed herein (Exhibit "F")
and the proposed Amended Complaint annexed hereto as Exhibit "A", Defendant is in default
for failing to tender the amount due on the aforesaid note and loan modification agreement no
payment thereof has been made to plaintiff from said despite demand.
7. Given the Defendant's default on the required monthly payments when due,
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Plaintiff ultimately filed itsSummons and Complaint with the Clerk of this Court on October 19,
2021. See Exhibit "F".
8. Plaintiff has been unable to personally serve MICHAEL KORAN A/K/A
MICHAEL D. KORAN. Regarding service on the MICHAEL KORAN A/K/A MICHAEL D.
"G"
KORAN, annexed hereto and marked as Exhibit is the November 22, 2021 Affidavit of
Shaunna Ingrassia, Plaintiff's process server, setting forth the various efforts made to locate the
Defendant in this action. As therein set forth, notwithstanding the due diligence described
therein.
9. At the time the loan was made Plaintiff's records indicated Defendant's residence
and mailing address was 1 C MILLHOLLAND DRIVE, FISHKILL, NY 12524, in the County of
Dutchess.
10. Based on the foregoing, your affirmant, on behalf of Plaintiff, now seeks leave of
this Court to file and serve a Supplemental Summons, Amended Complaint, and Amended
"A"
Notice of Pendency, in the forms annexed hereto as Exhibit and "B".
11. Leave is also sought herein to toll the running of the provisions of CPLR 306-b by
reason of the fact that the Plaintiff may not be able to file the Affidavits of Service and Affidavits
of Publication within the allocated time.
12. The granting of the relief herein sought in no way prejudices any of the
defendants.
13. No one is entitled to notice of this application.
14. No prior application for the same or similar relief requested herein has been made
to this or any other Court.
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WHEREFORE, your affirmant respectfully prays that the relief herein sought be granted
in allrespects, together with such other and further relief as this court deems just and proper.
The undersigned affirms the foregoing statements are true under penalty of perjury.
Dated: Syosset, New York
April 29, 2022
J nnife . Brennan
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Preview
FILED: DUTCHESS COUNTY CLERK 05/04/2022 11:49 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTYOFDUTCHESS -------------- ------- --------------------------Ç PARK TREE INVESTMENTS 19, LLC Index No.: 2021-54271 Plaintiff(s), AFFIRMATION IN -against- SUPPORT OF ORDER OF 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). -------- ------ ---------------------------------Ç Jennifer R. Brennan, the undersigned, an attorney duly admitted to practice before the Courts of this State, affirms the following under the penalty of perjury: 1. I am associated with the law firm of Roach & Lin, P.C., the attorneys of record for Plaintiff PARK TREE INVESTMENTS 19, LLC ("Plaintiff") in the above-entitled action and, as such, I am fully familiar with the facts hereinafter set forth. 2. This affirmation is submitted in support of Plaintiff's application for the following relief,an order: a. Granting Plaintiff leave to issue, file, and serve where necessary a Supplemental Summons, Amended Complaint, and Amended "A" Notice of Pendency in the form annexed hereto as Exhibits and "B", respectively, upon the New York State Department of Taxation and Finance in order to join it as a party defendant 1 of 5 FILED: DUTCHESS COUNTY CLERK 05/04/2022 11:49 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/04/2022 because Defendant MICHAEL KORAN A/K/A MICHAEL D. KORAN cannot be located and may be deceased thereby causing estate taxes to be due to the New York State Department of Taxation and Finance and upon the United States of America - Internal Revenue Service, in order to join itas a party defendant because Defendant MICHAEL KORAN A/K/A MICHAEL D. KORAN cannot be located and may be deceased thereby causing estate taxes to be due the United States of America - Internal Revenue Service and/or creating a lien on the real property which is the subject of this action; b. Granting Plaintiff leave to issue, file, and serve the aforesaid Supplemental Summons upon Defendant MICHAEL KORAN A/K/A MICHAEL D. KORAN and the unknown persons therein named by publication thereof, together with a notice and brief statement of the object of the action and a brief description of the property; c. Appointing a Guardian Ad Litem and Military Attorney to protect the interests of those persons who will be served by publication, who may be infants, absentees, or incompetents; d. Tolling the running of the time set forth in CPLR 306-b for filing the Affidavits of Service and Affidavits of Publication; and e. Granting such other and further relief as this Court may deem just and proper. 3. On or about August 8, 2007, defendant, MICHAEL KORAN A/K/A MICHAEL D. KORAN, borrowed the sum of up to $43,000.00 from GMAC MORTGAGE LLC F/K/A GMAC MORTGAGE CORPORATION, and executed and delivered a certain note dated the same date. A copy of the Note is annexed hereto as Exhibit "C". 4. In order to collaterally secure the aforesaid obligation, defendant, MICHAEL KORAN A/K/A MICHAEL D. KORAN, on the same day, duly executed, acknowledged and delivered to the plaintiff or plaintiffs assignor a mortgage, whereby said defendant mortgaged the following real property with the appurtenances thereto, described in the mortgage as premises being known as and by 1 C MILLHOLLAND DRIVE, FISHKILL, NY 12524. The mortgage 2 of 5 FILED: DUTCHESS COUNTY CLERK 05/04/2022 11:49 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/04/2022 was recorded in the Office of the CLERK of the County of DUTCHESS in Document # 01 2007 113082 on September 18, 2017. A copy of said Mortgage is annexed hereto as Exhibit "D". 5. The subject mortgage was assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, FKA THE BANK OF NEW YORK TRUST COMPANY N.A. SUCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR GMAC HOME EQUITY LOAN TRUST 2006-HEl by assignment of mortgage dated February 10, 2014 and which was recorded in the Office of the CLERK of the County of DUTCHESS in Document # 01 2014 1567A on May 28, 2014, which mortgage was assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, FKA THE BANK OF NEW YORK TRUST COMPANY N.A. SUCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., GMACM HOME EQUITY LOAN TRUST 2006-HE1, by a corrective assignment of mortgage dated October 21, 2016 and which was recorded in the Office of the CLERK of the County of DUTCHESS in Document # 01-2017-201A on January 30, 2017, which mortgage was assigned to PARK TREE INVESTMENTS 19, LLC, by assignment of mortgage dated October 21, 2016 and which was recorded in the Office of the CLERK of the County of DUTCHESS in Document # 01 2017 204A on January 30, 2017. Copies of the Assignments are annexed hereto as Exhibit "E". 6. As more fully set forth in the Summons and Complaint filed herein (Exhibit "F") and the proposed Amended Complaint annexed hereto as Exhibit "A", Defendant is in default for failing to tender the amount due on the aforesaid note and loan modification agreement no payment thereof has been made to plaintiff from said despite demand. 7. Given the Defendant's default on the required monthly payments when due, 3 3 of 5 FILED: DUTCHESS COUNTY CLERK 05/04/2022 11:49 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/04/2022 Plaintiff ultimately filed itsSummons and Complaint with the Clerk of this Court on October 19, 2021. See Exhibit "F". 8. Plaintiff has been unable to personally serve MICHAEL KORAN A/K/A MICHAEL D. KORAN. Regarding service on the MICHAEL KORAN A/K/A MICHAEL D. "G" KORAN, annexed hereto and marked as Exhibit is the November 22, 2021 Affidavit of Shaunna Ingrassia, Plaintiff's process server, setting forth the various efforts made to locate the Defendant in this action. As therein set forth, notwithstanding the due diligence described therein. 9. At the time the loan was made Plaintiff's records indicated Defendant's residence and mailing address was 1 C MILLHOLLAND DRIVE, FISHKILL, NY 12524, in the County of Dutchess. 10. Based on the foregoing, your affirmant, on behalf of Plaintiff, now seeks leave of this Court to file and serve a Supplemental Summons, Amended Complaint, and Amended "A" Notice of Pendency, in the forms annexed hereto as Exhibit and "B". 11. Leave is also sought herein to toll the running of the provisions of CPLR 306-b by reason of the fact that the Plaintiff may not be able to file the Affidavits of Service and Affidavits of Publication within the allocated time. 12. The granting of the relief herein sought in no way prejudices any of the defendants. 13. No one is entitled to notice of this application. 14. No prior application for the same or similar relief requested herein has been made to this or any other Court. 4 4 of 5 FILED: DUTCHESS COUNTY CLERK 05/04/2022 11:49 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/04/2022 WHEREFORE, your affirmant respectfully prays that the relief herein sought be granted in allrespects, together with such other and further relief as this court deems just and proper. The undersigned affirms the foregoing statements are true under penalty of perjury. Dated: Syosset, New York April 29, 2022 J nnife . Brennan 5 5 of 5