Preview
FILED: SCHUYLER COUNTY CLERK 07/14/2021 01:22 PM INDEX NO. e2021-0110c
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHUYLER
CITIMORTGAGE, INC., SUCCESSOR BY MERGER Index No. E2021/0110C
TO ABN AMRO MORTGAGE GROUP, INC.,
Plaintiff,
-against- STIPULATION CANCELLING
NOTICE OF PENDENCY
RICHARD GLEASON A/K/A RICHARD L. GLEASON,
SHANNA BACKNER A/K/A SHANNA P. BACKNER
A/K/A SHANNA GLEASON, HOMESTEAD FUNDING
Doe" Doe"
CORP., and "John and/or "Jane # 1-10 inclusive,the last
ten narnes being fictitious
and unknown to plaintiff,the persons or
partiesintended being the tenants,ecspëts, persons,corporations or
heirsat law, ifany, having or claiming an interestin or lienupon the
pismises described inthe complaint,
Defendants.
__
WHEREAS, no party served herein is an infant or incompetêñt person for whom a committee
has been appointed, or a person in the service of the military,
IT IS HEREBY STIPULATED AND AGREED by:
a) the attorney for the Plaintiff,
b) the attorney for the Defeñdant(s) who have appeared or answered the
including
Defendants who have waived allnotices,
c) the Defendants who have been served with process and have not appeared but whose
time to do so has not expired,
d) the Defendants who have appeared in person or by an attorney,
THAT the notice of pendency of this action filed in the Office of the County Clerk of
TOMPKINS County on February 21st, 2019 be canceled and discharged of record.
The Premises affected by this notice of pêñdcacy is known as premises 6132 UPDYKE RD,
TRUMANSBURG COUNTY OF TOMPKINS, STATE OF NY 14886 (the "Premises"), (SECTION:
15 BLOCK: 1 LOT: 62.2 ).
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This stipulation may be executed in one or more counterparts, each of which shall constitute an
original documcat, and when taken together shall constitute a single instrument.
Dated: May 21, 2021
/s/David A. Gallo
DAVID A. GALLO & ASSOCIATES LLP 1 IAX R. BROWN, ESQ.
By: David A. Gallo, Esq. Attorney for Richard Gleason
Attorneys for Plaintiff 308 N. Tioga St
David A. Gallo & Associates LLP Ithaca, NY 14850
47 Hillside Avenue - 2nd Floor 207-4071
(607)
Manhasset, NY 11030
(516) 583-5330
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHUYLER
CITIMORTGAGE, INC., SUCCESSOR BY MERGER Index No. E2021/0110C
TO ABN AMRO MORTGAGE GROUP, INC.,
Plaintiff,
-against- ATTORNEY'S AFFIRMATION
RICHARD GLEASON A/K/A RICHARD L. GLEASON,
SHANNA BACKNER A/K/A SHANNA P. BACKNER
A/K/A SHANNA GLEASON, HOMESTEAD FUNDING
Doe" Doe"
CORP., and "John and/or "Jane # 1-10 inclusive,the last
ten names being fictitiousand unknown to the
plaintiff, persons or
partiesintended being the tenants,occupants, persons,corporations or
heirsat law, ifany, having or clairsir an interestinor lien upon the
premises described inthe complaint,
Defendants.
STATE OF NEW YORK,
COUNTY OF NASSAU
I,David A. Gallo, Esq., an attorney duly admitted to the practice of law in the State of New
York, hereby affirm the following:
1. David A. Gallo & Associates LLP are the attorneys of record for CITIMORTGAGE,
INC., SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC., (the "Plaintiff") in
thisaction, and I am fully familiar with all of the proceedings had herein.
2. This afL mation is made pursuant to CPLR Section for the purpose of
6514(e) cañccling
the notice of pendency of this action filed in the Office of the County Clerk of TOMPKINS on
County
February 21st, 2019, and discontinuing this action.
3. All defëñ±nts have been served with the summons and verified complaint within the
State of New York more than thirty (30) days ago from the completion of service, as more particularly
appears from the annexed proof of service. See, a copy of the affidavit of service on file attached
hereto as Exhibit A.
4. The plaintiff accepted a Loss Mitigation on or about November 10, 2020. In view of the
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loss mitigation, plaintiff hereby stipulates to discontinue the action and cancel the notice of peñdêñcy
previously filed herein.
The undersigned affirms that the foregoing statements are true, under penalty of perjury.
Dated: 21 stday of May, 2021
/s/ David A. Gallo
David A. Gallo, Esq.
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EXHIBIT A
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NYSCEF SUPREME
DOC. NO. 4 COURT OF THE a. RECEIVED NYSCEF: 07/14/2021
STATEE OF NEW YORK 1 52
COUNTY OF SCHUYLER
2721785
AFRDAVIT OF SERVICE
index no i19.39
Date Index Number Purchased: 02/21/2019
Plaintiff(s): Citimortgage, Inc successor by merger to ABN Amro Mortgage Group, Inc
Defendant(s): Richard Gleason A/K/A Richard L Gleason; et at
STATE OF NEW YORK .
COUNTY OF CATTARAUGUS asa
Brnee Kenney, the tmdersigned, being duly swom, deposes and says that I was at the time of service over the age of
eighteen and not a party to this action. Ireside in the STATE OF NEW YORK.
On 03/22/2019 at 11:45 AM, Iserved the within SUMMON8 AND VERIFIED COMPI.A fNT bearing index
number and fiUng date endorsed thereon; Nodce of Pendency; ADDITIONAL NOTICE PURSUANT TO
RPAPL SECTION 1303 ON BLUE PAPER; CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b on
Richard Gleason A/K/A Richard L. Gleason at 6132 Updyke Road, Trumausburg, NY14886 in the manner
indicated below:
SUITABLE AGE: by delivering therent a ime copy of each toShanna Backner A/K/A Shanna P. Backner, W1FE of
Richard Gleason A/K/A Richard LsGleason, a person of suitable age and discretion. Said premises isRichard
Gleeson A/K/A Richard L. Gleason's dwelling place or usual place of abode within the state
On 03/23/2019, deponent enclosed a copy of same in a firstclass postpaid envelope bearing the words "Personal &
Confidential"
properly addressed todefemiant and defendants lastknown residence, at6132 Updyke Road,
Trumansburg, NY14886 and deposited said envelope in an official depository under the exclusive care and custody of
the U.S. Postal Service within New York State. The envelope did not indicate on the outside thereof, by rentrn address
or otherwise, that the communication was from an attomey or concerned an action against the defendånt.
A description of the Recipient or other person served on behalf of the Recipient is asfollows:
Sex Color of skinfrace Color of hair Age .. Height . Weight.
5$"-S'3"
Female Caucasian . Brown 30-39 13M60]hs
Other Features: . .
I asked the person spoken towhether Defendant(s) was in the active millmry service or financially dependent upon any
one who is in the military service of the United States or of the State of New York inany capacity whatever and
received a negative reply. The source of my informat¼on and belief are the conversations above narrated. Upon
information and beliët Iaver that the recipient isnot inibe military service of New York State or of the United States as
that term is defined in either the State orin the Federal statutes.
Sworn to and subscribed before me on 03/25/2019 X
Bruce Kenney
Quen in Anegany 60 Burt Drive
county p
Conmmon Expireu 22-292D Deer ParitNY I1729
Notary Public, . 631-667-1 800
Atly File#: 2721785
e
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/14/2021
SUPREME COURT OF THE STATE OF NEW YORK - - --- --- -- ----- -== • •*
COUNTY OF SCHUYLER
42721785*
INDEX 4f 19-39
CITIMORTGAGE, INC., SUCCESSOR BY MERGER TO ABN AFFIDAVff OF
AMRO MORTGAGE GROUP, INC, SERVICE BY MAIL
PLAINTIFF(S)
RICHARQ GLEASON A/K/A RICHARD L GLEASON, ET AL
DEFENDAN.T(S)
STATE OF NEW YORK
COUNTY OF SUFFOLK ss:
Kerryanne Yeikofsky being duly sworn, deposes and says :
I am not a party to thisaction,, am over the age of eighteen years, and residein the State of New York.
On / 20 , Ienclosed a copy of theSUMMONS AND VERIFIBD AND
COMPLAINT
NOTICE OF PENDENCY; CERTIFICATE OF MERFR E303 NOTICE-Help for Homeowners inForeclosure hi bold
fourteen-point sype and printed on colored papet thatis other than thecolorof the summons and verifiedcomplaint,
and the taleof the notice printed in bold twenty-point type in compliance with RPAPL Sect 1303. in thisaction in a
confideonal"
firstclass mail post-scaled envelope bearing the legend "personal and and not indicating on the outside of
the envelope that the communicahon is from an attorney or cobcerns an nileged debt and deposited the envelope in an
officiardepository imder die exclusive care and custody of the U.S Pomal Service within New York State,addiessed to
the following defendant at the lastknown address set forthbelow:
Námet RICHARD GLEASON A/K/A RICHARD J, GLEASON
Address 6132 'PDYKE ROAD , TROMANSBURG NY 14886
Sworn to before me on .
DOLORES GRON ERT
O of Public,
State of New Yoy
No. Of GR6246285
.QuMed in suffolk
County
Commission E×@res Aug. 8, 20t9
. t O
Alstate Pmcess Service Inc. - 60 Bun Drive Deer Park, NY 11729 - Tel:631/667-1800 - Fax: S -E rr
631/667-0302
DAVID A. GALLO & ASSOCIATES Il.P - 99 POWERHOUSE ROAD ROSLYN HElGHTS Nfe 577
516-2?7-6900
Client File:8243.336
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/14/2021
|l|11101111111Ill1111111ll111llOll11
2721785
18MdédMaimpestu½tabi d02 pned
TMfemrayW brokrd ¼nk ) i
FROM.: O
AA829209
ALSTATE
60 BURT DRIVE
DEER PARK, NY 11729 oo
RFCHARD GLEASON A/K/A RICHARD J,. GLEASON,
6132 UPDYKE ROAD
TRUMANSBURG, NY 1.4886
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c 1111111 I 11111011 I Illi 111111111111
*2721785*
2019 APR -3 PM I 4 8
Affidavit of S rviE }4iMM
PURSUANT TO CPLR.3215
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHUVLER
CITIMORTGAGE, INC, SUCCESSOR BY MERGER TO ABN ilotemal id:2721785
AMRO MORTGAGE GROUP, INC, ilndex: 19-39
S 8 C Filed: 02/21/201EL......
-against-
RICHARD GLEASON A/K/A RICHARD L GLEASON, ET AL
State of New York
County of Suffolk as.:
Kerryanne Yetkofsky being duly swom, deposes and says deponent is not a party to thisaction and is over
the age of eighteen years and tesides in the State of New York.
That on March 29, 2019 Deponent mailed a
copy
of the SUMMONS and 1303 Notice in thisaction on
those defendants listed below by firstclass inaihn an envelope bearing the legend "personal and
confidentiaF and not Indicating on the outside of the envelope that the communicanon is from an attomey or
concems an alleged debt
Defendant(s): RFCHARD GLEASON A/K/A RICHARD J GLEASON
6132 UPDYKE ROAD , TRUMANSBURG, NY I4886
Said was made to the Defendant(s) place of residence.
mailing(s)
The toregoing SWemen s a
Sworn to etore n
DOLORES
GRONERT
Notany PuNic, State ofNew York
No.01GR6246285
Qualifiedin Suffolk
County
Commission Expres Aug. 8,2010
Alstate Semice Inm - 60Burt DriveDeer Pe, NY 11729 . Tel:
631/G87-1800 - Pax:631/667-D302
Process
DAVID A, GALiO & ASSOGIATES LLP ¬ 99 POWERHOUSE ROAD ROSLYN HEIGHTS, NY 11577 516-277-6900
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NYSCEF SUPREME
DOC. NO. 4 COURT OF THE n. RECEIVED NYSCEF: 07/14/2021
STATE OF NEW YORK
COUNTY OF SCHUYLER
AFFIDAVIT OF SERVICE
index no :19-39
Date Index Number Purchased:
02/21/2019
Plaintiff(s): Citimortgagedne, successor by merger to ABN Amro Mortgage Group, Inc.
JMendan Richard Gleason A/K/A Richard L. et al
Gleason;
STATE OF NEW YORK
COUNTY OF CATTARAUGUS ss. I r¬
Bruce Kenney, the undersigni, being duly sworn, deposes and says that I was at the time of service over the age of
aighteen and not a pany to this action. I reside in the STATE OF NEW YORK.
On 03/22/2019 at 11:45 AM, I served the within SUMMONS AND VERJFIED COMPLAINT beadag index
number and filing date endorsed thereon; Notice of Pendency; ADDITIONAL NOTICE P1JRSUANT TO
RPAPL SECTION 1303 ON.BLUE PAPER; CERTIFICATE OF MERIT PORSUANT TO CPLR3012-b on
Shanna Backner A/K/A Shanna P. Backner at 6132 Updyke Road, Trumansburg, NY14886 in the manner
indicated below:
INDMDUAL: by delivering thereat a truecopy ofeach to said recipient personally; deponent knew the person so
served to be the.person described herein by deponent asking the person if he.or she is the named Recipient and the
person responding that he or she isin fact the person narned in thisaction as the Recipient.
A description of the Recipient, or other person served on behalf of the Recipient isas follows:
Sex Color of skin/race Color of hair ÃŽAge Height . Weight
Female Caucasian Bown .. . 60-39 5'0SS'3 131-160 Ibr
Other Features:
I asked the person spoken to whether Defendant(s) was inthe active military service or f nancially dependent upon any
one who is in the military service of theUnited States or of the State of New York in say capacity whatevér and
received a negative reply. The source of ray infonnatìon and behef are the conversations above narrated. Upon
information and belief I aver that the recipient isnot in the military service of New York State or of the United States as
that terrn isdefined in enher the State or in the Federal statutes
Sworn to and subscribed before me on 03/25/2019 X
Bruce Kenney
Led E. Littte Alstate Process Service, Inc.
Pubile State
of New York 60 Burt DIjVC
Nciary
Queimed in megany county Deer Park,NY11729
C®™'S5i°n S 12 22-20- 631-667 1800
Notary Public,
Atty File#: 272091
C-
$f) :1 Wd WV 5102
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/14/2021
INDEX # e2021-0110c
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHUYLER
CITIMORTGAGE, INC.
Plaintiff,
-against-
RICHARD GLEASON, et at
Defendant(s)
NOTICE OF DISCONTINUANCE OF ACTION AND STIPULATION CANCELLING
NOTICE OF PENDENCY, ATTORNEY'S AFFIRMATION WITH ANNEXED EXHIBITS
Signature (Rule 130-1.1-a)
/s/ David A. Gallo
David A. Gallo, Esq.
DAVID A. GALLO & ASSOCIATES LLP
Attorneys for Plaintiff
47 HillsideAvenue - 2nd Floor
Manhasset, NY I 1030
(516) 583-5330
Our file#: 8243.336
To:
Attorney(s)for
Serviceof a copyof the within is herebyadmitted.
Dated:
Attorney'sfor:
take notice
Sir:-Please
O NOTICE OF ENTRY
that the within
is a (certified)
true copyof a
dulyenteredin the office
of the clerk
of the within
named courton 2020
O NOTICE OF SETTLEMENT
that an order of which the within copy will
is a true be pzesented for
settlement
to the HON. one of the judges
of the within at
named court,
on 2020 at M.
Dated,
Yours,etc.
DAVID A. GALLO & ASSOCIATES LLP
Office& P.O. Address
47 Hillside
Avenue - 2nd Floor
Manhasset,NY 11030
(5 16) 583-5330
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