On January 11, 2021 a
Motion-Secondary
was filed
involving a dispute between
Coleen Meagher Schofield,
Douglas Paul Schofield Mr,
and
Planet Home Lending Llc,
Rosalind Brooks-Harris,
Sue Buck,
for Real Property - Other (Property taxes)
in the District Court of Monroe County.
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FILED: MONROE COUNTY CLERK 01/07/2022 03:51 PM INDEX NO. E2021000215
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/07/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt #
Book Page
Return To: No. Pages: 3
County of Monroe Department of Law
39 West Main St. Instrument: MEMO IN OPPOSITION
307 County Offcie Building
Rochester, NY 14614 Control #: Unrecorded #8786991
Index #: E2021000215
Date:
Schofield, Douglas Paul Mr Time:
Schofield, Coleen Meagher
Planet Home Lending LLC
Buck, Sue
Brooks-Harris, Rosalind
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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FILED: MONROE COUNTY CLERK 01/07/2022 03:51 PM INDEX NO. E2021000215
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/07/2022
SUPREME COURT
COUNTY OF MONROE STATE OF NEW YORK
DOUGLAS SCHOFIELD,
Plaintiff,
v. Memorandum
PLANET HOME LENDING, LLC, In Opposition to
SUE BUCK, and Plaintiff’s Request
ROSALIND BROOKS-HARRIS, For Reconsideration
Index No.: E2021000215
Defendants.
The Court did not err in its determination of Defendant Sue Buck’s Motion to Dismiss.
Defendant Sue Buck incorporates herein and relies upon the law and argument in her Motion to
Dismiss in now opposing Plaintiff’s request for reconsideration (reargument).
Additionally, Defendant Sue Buck joins in Defendant Planet Home Lending’s response to
Plaintiff’s “request to reconsider decision,” and urges the Court to deny the request outright. As
Defendant Planet Home Lending notes, Plaintiff has not alleged that the Court “overlooked or
misapprehended a matter of law or fact,” as is required in a motion to reargue pursuant to CPLR
§ 2221(d). Rather, Plaintiff merely disagrees with the Court’s application of the law in this case,
and motions to renew simply are not meant to provide a second bite at the proverbial apple.
Additionally, Plaintiff has not alleged any new facts or a change in the law, as required in a
motion for leave to renew, under CPLR § 2221(e).
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FILED: MONROE COUNTY CLERK 01/07/2022 03:51 PM INDEX NO. E2021000215
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/07/2022
For the foregoing reasons, Defendant Sue Buck respectfully asks that this court reaffirm
its Decision and Order of December 6, 2021.
JOHN P. BRINGEWATT
MONROE COUNTY ATTORNEY
Attorney for the Defendant Sue Buck
Dated: January 7, 2022 /s Brian P. Green
Brian P. Green, Esq. of Counsel
Deputy County Attorney
307 County Office Building
39 West Main Street, Rochester
New York 14614
Telephone: 585.753.1472
briangreen@monroecounty.gov
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Document Filed Date
January 07, 2022
Case Filing Date
January 11, 2021
Category
Real Property - Other (Property taxes)
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FILED: MONROE COUNTY CLERK 01/07/2022 03:51 PM INDEX NO. E2021000215 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/07/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # Book Page Return To: No. Pages: 3 County of Monroe Department of Law 39 West Main St. Instrument: MEMO IN OPPOSITION 307 County Offcie Building Rochester, NY 14614 Control #: Unrecorded #8786991 Index #: E2021000215 Date: Schofield, Douglas Paul Mr Time: Schofield, Coleen Meagher Planet Home Lending LLC Buck, Sue Brooks-Harris, Rosalind Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 3 FILED: MONROE COUNTY CLERK 01/07/2022 03:51 PM INDEX NO. E2021000215 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/07/2022 SUPREME COURT COUNTY OF MONROE STATE OF NEW YORK DOUGLAS SCHOFIELD, Plaintiff, v. Memorandum PLANET HOME LENDING, LLC, In Opposition to SUE BUCK, and Plaintiff’s Request ROSALIND BROOKS-HARRIS, For Reconsideration Index No.: E2021000215 Defendants. The Court did not err in its determination of Defendant Sue Buck’s Motion to Dismiss. Defendant Sue Buck incorporates herein and relies upon the law and argument in her Motion to Dismiss in now opposing Plaintiff’s request for reconsideration (reargument). Additionally, Defendant Sue Buck joins in Defendant Planet Home Lending’s response to Plaintiff’s “request to reconsider decision,” and urges the Court to deny the request outright. As Defendant Planet Home Lending notes, Plaintiff has not alleged that the Court “overlooked or misapprehended a matter of law or fact,” as is required in a motion to reargue pursuant to CPLR § 2221(d). Rather, Plaintiff merely disagrees with the Court’s application of the law in this case, and motions to renew simply are not meant to provide a second bite at the proverbial apple. Additionally, Plaintiff has not alleged any new facts or a change in the law, as required in a motion for leave to renew, under CPLR § 2221(e). 2 of 3 FILED: MONROE COUNTY CLERK 01/07/2022 03:51 PM INDEX NO. E2021000215 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 01/07/2022 For the foregoing reasons, Defendant Sue Buck respectfully asks that this court reaffirm its Decision and Order of December 6, 2021. JOHN P. BRINGEWATT MONROE COUNTY ATTORNEY Attorney for the Defendant Sue Buck Dated: January 7, 2022 /s Brian P. Green Brian P. Green, Esq. of Counsel Deputy County Attorney 307 County Office Building 39 West Main Street, Rochester New York 14614 Telephone: 585.753.1472 briangreen@monroecounty.gov 3 of 3