Preview
FILED: NEW YORK COUNTY CLERK 03/17/2022 09:59 AM INDEX NO. 850133/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/17/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------X
HILTON RESORTS CORPORATION, Index No.: 850133/2018
Plaintiff, NOTICE OF MOTION
-against- TO EXTEND SALE
DATE AND AMEND
GIOVANNI FRABASILE and HELEN PASEK., THE JUDGMENT OF
FORECLOSURE AND
Defendant(s). SALE, NUNC PRO
TUNC
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PLEASE TAKE NOTICE, upon the Affirmations in Support of BRIAN A. CAMPBELL,
Esq. dated the 17th day of March 2022, and the pleadings and proceedings heretofore had herein,
the Plaintiff, Hilton Resorts Corporation, will move this Court in the Motions Submission Part,
Room 130, of the Supreme Court, New York County, located at 60 Centre Street, New York,
NY, on the 11th day of April 2022, at 9:30 a.m., or as soon thereafter as counsel may be heard,
for an Order: i) extending the time fixed by RPAPL § 1351[1] for the referee to conduct the
foreclosure sale of the mortgaged premises; and ii) amending the Judgment of Foreclosure and
Sale, nunc pro tunc, to incorporate by reference the Auction Part Rules governing the location of
the sale and the manner in which said sale must be conducted by the referee, together with such
other and further relief as this Court may deem just and proper.
Dated: Farmingdale, New York
March 17, 2022
________________________________
BRIAN A. CAMPBELL, ESQ.
CRUSER, MITCHELL & NOVITZ,
SANCHEZ, GASTON, & ZIMET LLP
341 Conklin Street
Farmingdale, New York 11735
{Firm/727/00581/MOTIONS/03430766.DOCX }
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FILED: NEW YORK COUNTY CLERK 03/17/2022 09:59 AM INDEX NO. 850133/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/17/2022
To: GIOVANNI FRABASILE
306-4290 Boulevard Des Sources
Dollard-Des-Ormeaux
QC, HBY 4AI
HELEN PASEK
306-4290 Boulevard Des Sources
Dollard-Des-Ormeaux
QC, HBY 4AI
PAUL SKLAR, ESQ.
Referee
th
551 5 Avenue, Suite 2200
New York, NY 10176
{Firm/727/00581/MOTIONS/03430766.DOCX }
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FILED: NEW YORK COUNTY CLERK 03/17/2022 09:59 AM INDEX NO. 850133/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/17/2022
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: 850133/2018
COUNTY OF NEW YORK
HILTON RESORTS CORPORATION,
Plaintiff,
-against-
GIOVANNI FRABASILE and HELEN PASEK,
Defendant(s).
MOTION FOR EXTENSION OF TIME TO SELL
CRUSER, MITCHELL, NOVITZ, SANCHEZ, GASTON & ZIMET, LLP
ATTORNEYS AT LAW
Attorneys for Plaintiff
HILTON RESORTS CORPORATION
341 Conklin Street
Farmingdale, New York 11735
Telephone (516) 586-8513
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State,
certifies that, upon information and belief and reasonable inquiry, the contention contained in the annexed document
are not frivolous.
Dated: March 17, 2022 Signature:______________________________
Print Signer’s name: BRIAN A. CAMPBELL, ESQ.
Service of a copy of the within is hereby admitted.
Dated: ____________________________________
Attorneys for:
Please Take Notice
that the within is a (certified) true copy of a
Notice of entered in the office of the clerk of the within named Court on 20__.
Entry
that an Order of which the within is a true copy will be presented for settlement to the
Notice of Hon. One of the judges of the within named Court,
Settlement at
On 20__, at am.
Dated:
{Firm/727/00581/MOTIONS/03430766.DOCX }
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Preview
FILED: NEW YORK COUNTY CLERK 03/17/2022 09:59 AM INDEX NO. 850133/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X HILTON RESORTS CORPORATION, Index No.: 850133/2018 Plaintiff, NOTICE OF MOTION -against- TO EXTEND SALE DATE AND AMEND GIOVANNI FRABASILE and HELEN PASEK., THE JUDGMENT OF FORECLOSURE AND Defendant(s). SALE, NUNC PRO TUNC ----------------------------------------------------------------X PLEASE TAKE NOTICE, upon the Affirmations in Support of BRIAN A. CAMPBELL, Esq. dated the 17th day of March 2022, and the pleadings and proceedings heretofore had herein, the Plaintiff, Hilton Resorts Corporation, will move this Court in the Motions Submission Part, Room 130, of the Supreme Court, New York County, located at 60 Centre Street, New York, NY, on the 11th day of April 2022, at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order: i) extending the time fixed by RPAPL § 1351[1] for the referee to conduct the foreclosure sale of the mortgaged premises; and ii) amending the Judgment of Foreclosure and Sale, nunc pro tunc, to incorporate by reference the Auction Part Rules governing the location of the sale and the manner in which said sale must be conducted by the referee, together with such other and further relief as this Court may deem just and proper. Dated: Farmingdale, New York March 17, 2022 ________________________________ BRIAN A. CAMPBELL, ESQ. CRUSER, MITCHELL & NOVITZ, SANCHEZ, GASTON, & ZIMET LLP 341 Conklin Street Farmingdale, New York 11735 {Firm/727/00581/MOTIONS/03430766.DOCX } 1 of 3 FILED: NEW YORK COUNTY CLERK 03/17/2022 09:59 AM INDEX NO. 850133/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/17/2022 To: GIOVANNI FRABASILE 306-4290 Boulevard Des Sources Dollard-Des-Ormeaux QC, HBY 4AI HELEN PASEK 306-4290 Boulevard Des Sources Dollard-Des-Ormeaux QC, HBY 4AI PAUL SKLAR, ESQ. Referee th 551 5 Avenue, Suite 2200 New York, NY 10176 {Firm/727/00581/MOTIONS/03430766.DOCX } 2 of 3 FILED: NEW YORK COUNTY CLERK 03/17/2022 09:59 AM INDEX NO. 850133/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/17/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: 850133/2018 COUNTY OF NEW YORK HILTON RESORTS CORPORATION, Plaintiff, -against- GIOVANNI FRABASILE and HELEN PASEK, Defendant(s). MOTION FOR EXTENSION OF TIME TO SELL CRUSER, MITCHELL, NOVITZ, SANCHEZ, GASTON & ZIMET, LLP ATTORNEYS AT LAW Attorneys for Plaintiff HILTON RESORTS CORPORATION 341 Conklin Street Farmingdale, New York 11735 Telephone (516) 586-8513 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contention contained in the annexed document are not frivolous. Dated: March 17, 2022 Signature:______________________________ Print Signer’s name: BRIAN A. CAMPBELL, ESQ. Service of a copy of the within is hereby admitted. Dated: ____________________________________ Attorneys for: Please Take Notice that the within is a (certified) true copy of a Notice of entered in the office of the clerk of the within named Court on 20__. Entry that an Order of which the within is a true copy will be presented for settlement to the Notice of Hon. One of the judges of the within named Court, Settlement at On 20__, at am. Dated: {Firm/727/00581/MOTIONS/03430766.DOCX } 3 of 3