Preview
FILED: NEW YORK COUNTY CLERK 11/01/2022 02:57 PM INDEX NO. 850133/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 11/01/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
—-X INDEX NO:
HILTON RESORTS CORPORATION, INC., 850133/2018
Plaintiff,
AFFIRMATION IN
-against SUPPORT OF ORDER
EXTENDING TIME
GIOVANNI FRABASILE, HELEN PASEK, TO SET SALE
Defendant.
— ———-X
RONDIENE E. NOVITZ, ESQ., pursuant to CPLR $2106 and under the penalties of
perjury, affirms as follows:
1. I am a partner of the firm CRUSER, MITCHELL, NOVITZ, SANCHEZ,
GASTON 8~, ZIMET, LLP, attorneys for Plaintiff HILTON RESORTS CORPORATION
("Plaintiff'
), and as such, I am fully familiar with all of the pleadings and proceedings
heretofore had herein.
2. I submit this Affirmation in Support of PlaintifFs Request for (i)an extension of
time to proceed to sale on the kactional interest of 0.0271980765638990/0 in the premises at
Block 1006, Lot 1304 on the land and tax map of the County of New York in the State of New
Premises"
York (the "Subject ), originally filed on May 11, 2018 in the Office of the Clerk of
New York County, and (ii)granting such other and further relief as may be just, proper, and
equitable.
3. CPLR $ 2004 states in pertinent part that, "...the court may extend the time fixed
by any statute, rule or order... upon such terms as may be just and upon good cause shown,
fixed."
whether the application for extension is made before or after the expiration of the time
(Firm/727/00581/MOTIONS/03775740.DOCX }
1 of 4
FILED: NEW YORK COUNTY CLERK 11/01/2022 02:57 PM INDEX NO. 850133/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 11/01/2022
4. A Judgment of Foreclosure and Sale ("Judgment") was signed by the Hon. Francis
Kahn, IH, J.S.C. and entered in the New York County Clerk's Office on August 30, 2021 (the
"Judgment of Foreclosure and Sale"), a copy of which is annexed hereto as Exhibit A.
5. Pursuant to the Judgment Plaintiff was required to set sale within 180 days from
the date of entry. That is, Plaintiff was required to hold a foreclosure auction and sale on or
before February 20, 2022.
6. Plaintiff was unable to meet this deadline, and previously moved this court for an
extension of time to sale by Notice of Motion dated March 17, 2022.
7. By Decision and Order on Motion dated April 12, 2022 (Hon. Francis Kahn, HI,
J.S.C.) Plaintiff's motion was granted to the extent that Plaintiff was directed to hold a
foreclosure auction and sale on or before October 12, 2022. A copy of the April 12, 2022,
Decision and Order is annexed hereto as Exhibit B.
8. Due to the ongoing COVID-19 pandemic and resulting stay of auctions, Plaintiff
was unable to meet this deadline. However, Plaintiff is now ready, willing, and able to proceed
with the sale, subject to the auction part's availability.
9. Plaintiff respectfully requests that the time to auction the mortgaged premises be
extended at least one (1) year from the entry of this Order.
10. One prior application has been made for the relief requested in the annexed Order,
as described above and in Exhibit B.
{Firm/727/00581/MOTIONS/03775740.DOCX }
2 of 4
FILED: NEW YORK COUNTY CLERK 11/01/2022 02:57 PM INDEX NO. 850133/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 11/01/2022
WHEREFORE, your Affirmant respectfully prays for the relief requested in the annexed Order,
and for such other and further relief as this Court may deem just and proper.
Dated: Farmingdale, New York
October 28, 2022
on iene E. Novitz, Esq.
{Firm/727/00581/MOTIONS/03775740.DOCX }
3 of 4
FILED: NEW YORK COUNTY CLERK 11/01/2022 02:57 PM INDEX NO. 850133/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 11/01/2022
CERTIFICATION
In accordance with Rule 202.8-b of the Uniform Civil Rules for the Supreme Court and
the County Court, the undersigned certifies that the word count in this affirmation (excluding the
signature and this as established the word count on the word-
caption, block, certification), using
processing system used to prepare it,is 525 words.
Dated: Farmingdale, New York
October 28, 2022 . .
ndiene E. Novitz, Esq.
{Firm/727/00581/MOTIONS/03775740.DOCX }
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 11/01/2022 02:57 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 11/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK —-X INDEX NO: HILTON RESORTS CORPORATION, INC., 850133/2018 Plaintiff, AFFIRMATION IN -against SUPPORT OF ORDER EXTENDING TIME GIOVANNI FRABASILE, HELEN PASEK, TO SET SALE Defendant. — ———-X RONDIENE E. NOVITZ, ESQ., pursuant to CPLR $2106 and under the penalties of perjury, affirms as follows: 1. I am a partner of the firm CRUSER, MITCHELL, NOVITZ, SANCHEZ, GASTON 8~, ZIMET, LLP, attorneys for Plaintiff HILTON RESORTS CORPORATION ("Plaintiff' ), and as such, I am fully familiar with all of the pleadings and proceedings heretofore had herein. 2. I submit this Affirmation in Support of PlaintifFs Request for (i)an extension of time to proceed to sale on the kactional interest of 0.0271980765638990/0 in the premises at Block 1006, Lot 1304 on the land and tax map of the County of New York in the State of New Premises" York (the "Subject ), originally filed on May 11, 2018 in the Office of the Clerk of New York County, and (ii)granting such other and further relief as may be just, proper, and equitable. 3. CPLR $ 2004 states in pertinent part that, "...the court may extend the time fixed by any statute, rule or order... upon such terms as may be just and upon good cause shown, fixed." whether the application for extension is made before or after the expiration of the time (Firm/727/00581/MOTIONS/03775740.DOCX } 1 of 4 FILED: NEW YORK COUNTY CLERK 11/01/2022 02:57 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 11/01/2022 4. A Judgment of Foreclosure and Sale ("Judgment") was signed by the Hon. Francis Kahn, IH, J.S.C. and entered in the New York County Clerk's Office on August 30, 2021 (the "Judgment of Foreclosure and Sale"), a copy of which is annexed hereto as Exhibit A. 5. Pursuant to the Judgment Plaintiff was required to set sale within 180 days from the date of entry. That is, Plaintiff was required to hold a foreclosure auction and sale on or before February 20, 2022. 6. Plaintiff was unable to meet this deadline, and previously moved this court for an extension of time to sale by Notice of Motion dated March 17, 2022. 7. By Decision and Order on Motion dated April 12, 2022 (Hon. Francis Kahn, HI, J.S.C.) Plaintiff's motion was granted to the extent that Plaintiff was directed to hold a foreclosure auction and sale on or before October 12, 2022. A copy of the April 12, 2022, Decision and Order is annexed hereto as Exhibit B. 8. Due to the ongoing COVID-19 pandemic and resulting stay of auctions, Plaintiff was unable to meet this deadline. However, Plaintiff is now ready, willing, and able to proceed with the sale, subject to the auction part's availability. 9. Plaintiff respectfully requests that the time to auction the mortgaged premises be extended at least one (1) year from the entry of this Order. 10. One prior application has been made for the relief requested in the annexed Order, as described above and in Exhibit B. {Firm/727/00581/MOTIONS/03775740.DOCX } 2 of 4 FILED: NEW YORK COUNTY CLERK 11/01/2022 02:57 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 11/01/2022 WHEREFORE, your Affirmant respectfully prays for the relief requested in the annexed Order, and for such other and further relief as this Court may deem just and proper. Dated: Farmingdale, New York October 28, 2022 on iene E. Novitz, Esq. {Firm/727/00581/MOTIONS/03775740.DOCX } 3 of 4 FILED: NEW YORK COUNTY CLERK 11/01/2022 02:57 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 11/01/2022 CERTIFICATION In accordance with Rule 202.8-b of the Uniform Civil Rules for the Supreme Court and the County Court, the undersigned certifies that the word count in this affirmation (excluding the signature and this as established the word count on the word- caption, block, certification), using processing system used to prepare it,is 525 words. Dated: Farmingdale, New York October 28, 2022 . . ndiene E. Novitz, Esq. {Firm/727/00581/MOTIONS/03775740.DOCX } 4 of 4