Preview
FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
At an IAS Part of the Supreme Court of the
State of New York, held in and for the
County of Kings at the Courthouse thereof,
Supreme Court Building, 360 Adams Street,
15__4
Brooklyn , New York on the day of
9Cerr+er 2016.
P R E S E N T:
Hon. Peter Sweeney
JUSTICE.
__________________________________________________________Ç
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE UNDER THE Index No. 18579/11
POOLING AND SERVICING AGREEMENT
RELATING TO IMPAC SECURED ASSETS
CORP., MORTGAGE PASS-THROUGH ORDER TO DISCONTINUE ACTION
CERTIFICATES, SERIES 2006-1 AND CANCEL LIS PENDENS
Plaintiff.
-against-
JAMES FREDRICK
CAPTIAL ONE BANK (USA) NA
CRIMINAL COURT OF THE CITY OF NEW
YORK
IMPAC FUNDING CORPORATION C/O CT
CORPORATION SYSTEM
NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD
NEW YORK CITY PARKING VIOLATIONS
BUREAU
NEW YORK CITY TRANSIT ADJUDICATION
BUREAU
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE
PEOPLE OF THE STATE OF NEW YORK and
JOHN DOE (Said name being fictitious, itbeing the
intention of Plaintiff to designate any and all
occupants of premises being foreclosed herein, and
any parties, corporations or entities, if any, having or
claiming an interest or lien upon the mortgaged
premises.)
Defendants.
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
On reading and filing the notice of motion and annexed affirmation of Donna Akinrele, Esq.,
both dated August , 2016, with exhibits annexed, and due deliberation having been had
Î
thereon, itis hereby
ORDERED, that said motion hereby is granted, and itis further
ORDERED, that the above entitled action be and the same is hereby discontinued
without costs to either party as against the other; and itis further
ORDERED, that the County Clerk of Kings County is directed, upon payment of
the proper fees, if any, to cancel and discharge of record a certain Notice of Pendency
filed in this action on August 15, 2011 against property known as Block 4075 Lot 44,
and said Clerk is hereby directed to enter upon the margin of the record of same a Notice
of Cancellation referring to this Order; and itis further
ORDERED, that the Clerk of Kings County be served with a copy of this order
with Notice of Entry and execute same accordingly.
J.S.C.
Q
FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
Exhibit A
FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF KINGS
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE
COPY
UNDER THE POOLING AND SERVIC1NG.AGREEMENT AFFIDAVI1 UFTTEE1TEXTTTI ?
RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE RPAPL §1303 NOTICE ON
PASS-THROUGH CERTIFICATES, SERIES 2006-1 TENANT
Plaintiff, INDEX NO.: 1-8579/11
vs. Mortgaged Premises:
639 HENDRIX STREET
JAMES FREDERICK, et al. BROOKLYN, NY 11207
Defendant(s).
STATE OF NEW YORK )
COUNTY OF NASSAU ) SS.:
Sabino R. Tandiorio, being duly sworn, deposes and says thathe/she is over 18 years ofage and not a partyto thisaction;
thaton the 23rd day of August, 2011 at639 HENDRIX STREET, BROOKLYN, NY 11207, deponent deliveredthe Notice
required by RPAPL §1303, which Notice, as delivered,was printed on pink paper, thetitleof theNotice appeared tobe in
bold 20-point type, and the textappeared to be in bold, 14-point type,on CONNIE JAMES the Defendant/Tenant named
herein,inthe following manner:
El As the premiseshas less thanfiveunitsand the identityofthe Tenant is known, deliveryof saidNotice was made pursuant
to RPAPL §1303 by depositing,in an official
depository under the exclusivecare and custody ofthe United Statespost office
in the Stateof New York on the 23rd day of August, 2011, a truecopy of saidNotice ina postpaid, properly addressed
envelope, by certifiedmail, return receipt requested, as well as by first-classmail, addressed to the above-named
Defendant/Tenant residingat theproperty listedabove.
Subsc e nd sworn to before m J J ..
this day of 20 / /
S o R.'fanhiorio
SHARON MURATORE
Public Notary Public, Stateof New York
dotary No. 01MU6207738
Qualifiedin NASSAU
Commission Expires, June 15,2013
A&J Process Service, 900 Merchants Concourse Suite 212, Westbury, NY
11590, Phone: 516-408-1200, Fax: 516-565-2425
IIIIIIIIIIIEllilllilllilligillHillillIlliIllIIIIIIIIIIIIII
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF KINGS
DEUTSCHE BANK NATIONAL TRUST AS
COPY
COMPANY, TRUSTEE
UNDER THE POOLING AND SERVICING AGREEMENT AFFIDAVIT 3F VICE ON
RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE AN INDIVIDUAL OR
PASS-THROUGH CERTIFICATES, SERIES 2006-1 CORPORATION
Plaintiff, INDEX NO.: 18579/11
vs. Mortgaged Premises:
639 HENDRIX STREET
JAMES FREDERICK, et al. BROOKLYN, NY 11207
Defendant(s).
STATE OF NEW YORK ) ..
COUNTY OF NASSAU ) SS.:
Greg M Prince, being duly sworn, deposes and says thathe/sheis over 18 years ofage and not a partyto thisaction;thaton
the 19th day of August, 2011 at approximately 9:06 am at 100 CHURCH STREET, NEW YORK, NY 10007 deponent
served the annexed Summons and Complaint bearingIndex Number 18579/11 filedon the15th day of August, 2011, printed
on white paper, on NEW YORK CITY ENVIRONMENTAL CONTROL BOARD the Defendant named herein, inthe
following manner:
CEl By delivering to and leaving with MADELYN SANTANA and he/she knew the person so served to be CLERK
AUTHORIZED ofDefendant corporation.
The person served would be described as approximately 31 to 39 years of age, 125 to 149 lbs,5-4 to5-7 ft,female, black
hair,brown skin
. th of (1 . 20
Greg M ce
1347937
Notary Public
A&J ProcessService, 900 Merchants ConcourseSuite 212, Westbury, NY
11590, Phone: 516-408-1200, Fax: 516-565-2425
AMAUA TAMBURELLO
Notary Public,State of NEW YORK .
01TA6214163
Qualified in
N
5*
QUEENS ---·
Commission expires NOV. 30,2013
E
.. r-
l|115111111111111|I111R11111111111Ill111111E151AA11111111
FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
AFFIDAVIT OF SERVICE
COPY
15/2011
STATE OF: NEW YORK DATE FILED: 8/
KINGS SUPREME
. COUNTY OF: COURT INDEX # 18579/11
DEUTSCHE BANK NATIONAL TRUST-COMPANY, ETC.
. . Plainti)s)/Petitioner(s)
against co
JAMES FREDERICK, ET AL.
Defendant(s)/Respondent(s) 3: o
State of NY
County of Albany SS
Christopher OBrien being duly sworn , deposes and says:thatdeponent is nota partyto this is over
action, 18
years ofage and resides in thestate
of New York.
That on 8/17/2011 at 4:18 PM
at W .A. HARRIMAN STATE CAMPUS, BLDG 9, ALBANY NY 12227
..
Deponent served the within SUMMONS AND COMPLAINT
upon: NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE .
A sta e agency, thereat
by deliverlrtg a true copy of each to
Amanda Morris
personallydeponentknew said entitó so served
to be the entity described
in sameas said recipient
and knew said individual
to be
keyboard specialist duly authorized
thereof, legal process
to accept . .
DESCRIPTION:
Sex Skin Color Hstir Color Approx.Age Approx.Ht Approx. Wt. Other
5'S" 125
female white black 27
Documents were pYoperly endorsed
with Index number
and date of filing.
S orn to before mé on: 8/17/2 1
hristolsherOBrien
Notary Public LightningLegal Services,
LLC
P.O. Box 9132, Albany,
NY 12209
Nancy E. Gunner Keny Gunner . JessicaM. DeVoe
NotaryPublic,State of NY NotaryPublic,Stateof NY NotaryPublic,StateofNY
No 01GU6179812 No 01GU5038710 No 01DE6042657
Qualified
in AlbanyCounty Qualified
In Albany,County In Albany
Qualified County
Commission expires 2/4/12 Commission expires2/6/15 Commission Expires5/30/14
195050
SHERIEA.SEARLES
NotaryPublic, Stateof NewYork
Qualified In AlbanyCo.,No:01SE6179623
CommissionExpiresDec. 17, 2011
.
FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
STATE OF NEW YORK .
SUPREME COURT: COUNTY OF KINGS
MSCHE BANK NATIONAL TRUST COMM, AS TRUSTEE
COPY
UNDER THE POOLING AND SERVICING AGREEMENT AFFIDAVD trSERY1tTUN
RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE AN IND1VIDUAL OR
PASS-THROUGH CERTIFICATES, SERIES·2006-1 CORPORATION
Plaintiff, INDEX.NO.: 18579/11
vs. Mortgaged Premises:
639 HENDRIX STREET
JAMES FREDERICK, et al. BROOKLYN, NY 11207
Defendant(s).
STATE OF NEW YORK )
COUNTY OF NASSAU ) SS.:
Alan Feldman, being duly sworn, deposes and says that
he/she is over 18 years ofage and not a partyto thisaction;thaton
the 20th day ofAugust, 2011 atapproximately 2:02 pm at 639 HENDRIX STREET, APT 2, BitOOKLYN, NY 11207
deponent served the annexed Summons and Complaint bearing Index Number 18579/11 filedon the 15thday of August,
white on Doe" the Defendant named
2011, printed on paper, STEPHANIE JENNINGS as "John herein,in the following
manner:
El By deliveringtoand leavingwith said STEPHANIE JENNINGS personally a truecopy thereof, and thathe/sheknew the
person so served to beSTEPHANIE JENNINGS theperson mentioned and desenbed insaid Summons and Complaint.
. El Ueponent asked the indicatedperson whether the defendant and/or present occupant was presently inthe militaryservice
of the United States Government or on active duty in the militaryservice in the State of New York or a dependant of
anybody in the military
and was told thedef ndant and/¬r presentoccupant was not.
The person served would be described as approximately 40 to 49 yeárs of age, 100 to 124 lbs,5-4 to 5-7ft,female, black
other·
hair,blackskin, GLASSES
*
Sub d orn tobe e e
yof 0 .
aiixeldman
. 094.6641
LIVIA M. REDONDO
otary ublic Notary Public,State of New York
01RE4957300
Qualified in NASSAU
Commission expiresOCT. 16,2013 -- 5:
A&J Process Service, 900 Merchants Concourse Suite 212, Wesfbuty, NY
11590, Phone: 516-408-1200, Fax: 516-565-242
*
Ill||111A111111111111111111E1111111111111Il11111111111111
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF KINGS
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE
COPY
UNDER THE POOLING AND SERVICING AGREEMENT AFFIDAVD UF17EEIVERYU 7
RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE RPAPL §1303 NOTICE ON
PASS-THROUGH CERTIFICATES, SERIES 2006-1 TENANT
Plaintiff, INDEX NO.: 18579/11
vs. Mortgaged Premises:
639 HENDRIX STREET
JAMES FREDERICK, et al. BROOKLYN, NY 11207
Defendant(s).
STATE OF NEW YORK )
COUNTY OF NASSAU ) SS.:
Sabino R. Tandiorio,being duly sworn, deposes and says thathe/she is over 18 years of age and not a partyto thisaction;
thaton the 23rd day of August, 2011 at639 HENDRIX STREET, BROOKLYN, NY 11207, deponent deliveredthe Notice
required by RPAPL §1303, which Notice, as delivered,was printed on pink paper, the title
of theNotice appeared tobe in
bold 20-point type, and the text appeared to be in bold, 14-pointtype, on SHAREMAH LAMONT the Defendant/Tenant
named herein,in thefollowing manner:
El As the premises has less thanfiveunitsand the identityofthe Tenant is known, deliveryof saidNotice was made pursuant
to RPAPL §1303 by depositing,in an official
depository under the exclusivecare and custody ofthe United Statespost office
in the Stateof New York on the23rd day of August, 2011, a truecopy of saidNotice ina postpaid, properly addressed
envelope, by certifiedmail, return receipt requested, as well as by first-classmail, addressed to the above-named
Defendant/Tenant residingatthe property listedabove.
. Subscribed and sworn to before
this day of 20 / / .
Sa o 1. tancGorio
. .
SHARON MURATORE
Public,State of New York
Public Notaiy
otary No. 01MU6207738
Qualifiedin NASSAU
Commission Expires, June 15,2013
A&J ProcessService, 900 Merchants Concourse Suite 212, Westbury, NY
11590, Phone: 516-408-1200, Fax: 516-565-2425
IllAIAMIAIIIllADIllAllIllglAllllllA1EIllAllIIIII
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF KINGS
DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE
COPY
COMPANY,
UNDER THE POOLING AND SERVICING AGREEMENT AFFIDAVIT 3È3EkTT TGT
RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE AN INDIVIDUAL OR
PASS-THROUGH CERTIFICATES, SERIES 2006-1 CORPORATION
. Plaintiff, INDEX NO.: 18579/11
vs. Mortgaged Premises:
639 HENDRIX STREET
JAMES FREDERICK, et al. BROOKLYN, NY 11207
.. .
Defendant(s).
STATE OF NEW YORK )
COUNTY OF NASSAU ) SS.:
Greg M Prince, being duly sworn, deposes and says thathe/she isover 18 years ofage and not a partyto thisaction;thaton
the 19th day of August, 2011 atapproximately 8:40 am at111 EIGHTH·AVENUE, C/O CT CORPORATION SYSTEM,
NEW YORK, NY 10011 deponent served the annexed Summons and Complaint bearing Index Number 18579/11 filedon
the 15th day ofAugust, 2011, printed on white paper,on IMPAC FUNDING CORPORATION the Defendant named herein,
inthe following manner:
R] By delivering to and leaving with PAULA KASH and he/she knew the person so served to be PROCESS
CLERK/AUTHORIZED TO ACCEPT ofDefendant corporation.
The personserved would be described as approximately 40 to 49 years ofage, 125 to 149 lbs,5-4 to 5-7ft,female,blonde
hair,white skin
Subscribed and sworn to e me
this 21 day of t , 20
Greg nce
1347937
Notary Public
A&J ProcessService, 900 Merchants ConcourseSuite 212, Westbury, NY -11590, Phone: 516-408-1200, Fax: 516-565-2425
..
. AMALIA TAMBURELLO
Notary Public, State ofNEW YORK
01TA6214163
Qualified inQUEENS
Commission expires NOV. 30,2013
111111111111111111111III111111111111111111111111111111III1111111111
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
S PREME COURT THE STATE OF NEW YORK: 0RIGINAL
C TY OF KINGS
___ _______________________________________________________Ç
UTSCHE BANK NATIONAL TRUST Index No. 18579/11
OMPANY, AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT RELATING TO NOTICE OF MOTION
IMPAC SECURED ASSETS CORP., MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2006-1 Oral Argument
is Requested.
Plaintiff.
-against- Name of Assigned
Judge: Peter Sweeney
JAMES FREDRICK
CAPTIAL ONE BANK (USA) NA
CRIMINAL COURT OF THE CITY OF NEW YORK
IMPAC FUNDING CORPORATION C/O C
CORPORATION SYSTEM
NEW YORK CITY ENVIRONMENTAL CONTRO
BOARD
NEW YORK CITY PARKING VIOLATIONS
BUREAU
NEW YORK CITY TRANSIT ADJUDICATION
BUREAU
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE
PEOPLE OF THE STATE OF NEW YORK
and JOHN DOE (Said name being fictitious, itbeing the
intentDn of Plaintiff to designate any and alloccupants
of preipises being foreclosed herein,-and any parties,
corpõYations or entities, if any, having or d>aiming an
interest or lien upon the mortgaged premises.)
Defendants.
___________________________________________________________Ç
TAKE NOTICE that, upon the annexed attorney's statement of Donna Akinrele, Esq.
dated August , 2016, the exhibits annexed thereto, and upon all of the pleadings and prior
proceedings heretofore had herein, we shall make a motion at a IAS Part of this Court, to be held
at the Kings County Courthouse, Supreme Court Building, 360 Adams Street, Brooklyn , New
York on the 14th day of September, 2016 at 09:30 a.m. or as soon thereafter as counsel can be
heard for an order (i)discontinuing the instant action; (ii) canceling the lispendens filed against
the premises which are the subject of the instant foreclosure action and (iii)and for such other
relief as the Court deems just and equitable.
MREC OSM
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The above-entitled action is for the foreclosure of a mortgage.
TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b) that answer affidavits, if
any, must be served so that they will arrive at our offices at least seven (7) days before the time
at which this motion is noticed to be heard.
Dated: Melville, New York
August , 2016
McCABE, WEIS ERG & CONWAY, P.C.
By: f)
DONNA AKINRELE, ESQ.
Attorneys for Plaintiff
145 Huguenot St.,Suite 210
New Rochelle, New York 10801
914-636-8900
914-636-8901 facsimile
To:
James Fredrick
Pro Se
1307 Sterling Pl, 1st Floor
Brooklyn, New York 11213-000
Captial One Bank (USA) NA
Pro Se
800 Montauk Hwy
Shirley, New York 11967
Criminal Court of the City of New York
Pro Se
25 Beaver Street
New York, New York 10004
IMPAC Funding Corporation C/O CT Corporation System
Pro Se
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
111 Eighth Avenue
New York , New York 10011
New York City Environmental Control Board
Pro Se
100 Church Street
New York, New York 10007
New York City Parking Violations Bureau
Pro Se
100 Church Street
New York , New York 10007
New York City Transit Adjudication Bureau
Pro Se
130 Livingston Street
Brooklyn , New York 11201
Alan Gitter, Esq.
Attorney for defendant New York State Department of Taxation and Finance
W.A. Harriman Campus, Building 9
Albany, New York 12227
People of the State of New York
Pro Se
350 Main Street
Main Place Tower, Suite 300ABuffalo, New York 14202
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fNYSCEF( DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
STATE OF NEW YORK, AFFIDAVIT OF SERVICE
COUNTY OF SUFFOLK BY MAIL
Jesse Cozzetti being duly sworn, says: that I am over the a e f eighteen years and am not a
party herein, that I reside in Suffolk County and that on the day of August, 2016 served a
copy of the within
NOTICE OF MOTION TO DISCONTINUE ACTION, VACATE
JUDGMENT AND CANCEL LIS PENDENS
upon the parties hereinafter named at the places hereinafter stated and set opposite their name by
certified mail return receipt requested and same to be enclosed in a post-
depositing properly
paid, properly addressed wrapper, and deposited in an official depository under the exclusive
care and custody of the United States Post Office Department within the City and State of New
York, directed to be said parties at their last known addresses given below.
Je s Cozzetti
To:
James Fredrick
Pro Se
1307 Sterling Pl, 1st Floor
Brooklyn, New York 11213-000
Captial One Bank (USA) NA
Pro Se
800 Montauk Hwy
Shirley, New York 11967
Criminal Court of the City of New York
Pro Se
25 Beaver Street
New York, New York 10004
IMPAC Funding Corporation C/O CT Corporation System
Pro Se
111 Eighth Avenue
New York , New York 10011
New York City Environmental Control Board
Pro Se
100 Church Street
New York. New York 10007
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
New York City Parking Violations Bureau
Pro Se
100 Church Street
New York , New York 10007
New York City Transit Adjudication Bureau
Pro Se
130 Livingston Street
Brooklyn , New York 11201
Alan Gitter, Esq.
Attorney for defendant New York State Department of Taxation and Finance
W.A. Harriman Campus, Building 9
Albany, New York 12227
People of the State of New York
Pro Se
350 Main Street
Main Place Tower, Suite 300ABuffalo, New York 14202
Sworn to me on this
day of , 2016
NOTARY PUBLIC
Sahar Hamlani
of New York
Public State
Notary
No.01HA6293331
Suffolk County
Qualified in
December 23, 2017
Commission Expires
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF KINGS
___________________________________________________________Ç
DEUTSCHE BANK NATIONAL TRUST Index No. 18579/1I
COMPANY, AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT RELATING TO AFFIRMATION IN SUPPORT OF
IMPAC SECURED ASSETS CORP., MORTGAGE MOTION TO DISCONTINUE
PASS-THROUGH CERTIFICATES, SERIES 2006-1 ACTION AND CANCEL LIS
PENDENS
Plaintiff.
-against-
JAMES FREDRICK
CAPTIAL ONE BANK (USA) NA
CRIMINAL COURT OF THE CITY OF NEW YORK
IMPAC FUNDING CORPORATION C/O CT
CORPORATION SYSTEM
NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD
NEW YORK CITY PARKING VIOLATIONS
BUREAU
NEW YORK CITY TRANSIT ADJUDICATION
BUREAU
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE
PEOPLE OF THE STATE OF NEW YORK
and JOHN DOE (Said name being fictitious, itbeing the
intention of Plaintiff to designate any and all occupants
of premises being foreclosed herein, and any parties,
corporations or entities, if any, having or claiming an
interest or lien upon the mortgaged premises.)
Defendants.
___________________________________________________________Ç
DONNA AKINRELE, ESQ., to CPLR Section 2106[NYCLS] and under the penalties of perjury
affirms as follows:
1. Iam an attorney at law and am an associate the firm of McCabe, Weisberg & Conway,
P.C., the attorneys of record for the plaintiff in the within action, and as such am fully familiar
with the facts of this case and the proceedings heretofore had herein. I submit this affirmation in
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022
support of an order pursuant to CPLR Section 6514(d)[NYCLS] to cancel the notice of
pendency heretofore filed herein and to discontinue the within action without prejudice.
2. Heretofore, this action was instituted by service of a summons and complaint upon all
defendants, allof which more fully appears from the affidavits of service heretofore filed herein.
(Exhibit A).
3. Plaintiff avers that itis in the best interests of all parties and in the interests of judicial
economy to discontinue the action and cancel the notice of pendency heretofore filed in the
Office of the County Clerk of the County of Kings on August 15, 2011 (Exhibit B). The
foreclosure has been discontinued due to inability to verify compliance with pre-acceleration
notice requirements.
4. The within action is not on the calendar.
5. No similar requests have been made for the relief sought herein.
WHEREFORE, itis
Preview
FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 At an IAS Part of the Supreme Court of the State of New York, held in and for the County of Kings at the Courthouse thereof, Supreme Court Building, 360 Adams Street, 15__4 Brooklyn , New York on the day of 9Cerr+er 2016. P R E S E N T: Hon. Peter Sweeney JUSTICE. __________________________________________________________Ç DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE Index No. 18579/11 POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE PASS-THROUGH ORDER TO DISCONTINUE ACTION CERTIFICATES, SERIES 2006-1 AND CANCEL LIS PENDENS Plaintiff. -against- JAMES FREDRICK CAPTIAL ONE BANK (USA) NA CRIMINAL COURT OF THE CITY OF NEW YORK IMPAC FUNDING CORPORATION C/O CT CORPORATION SYSTEM NEW YORK CITY ENVIRONMENTAL CONTROL BOARD NEW YORK CITY PARKING VIOLATIONS BUREAU NEW YORK CITY TRANSIT ADJUDICATION BUREAU NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE PEOPLE OF THE STATE OF NEW YORK and JOHN DOE (Said name being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises.) Defendants. FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 On reading and filing the notice of motion and annexed affirmation of Donna Akinrele, Esq., both dated August , 2016, with exhibits annexed, and due deliberation having been had Î thereon, itis hereby ORDERED, that said motion hereby is granted, and itis further ORDERED, that the above entitled action be and the same is hereby discontinued without costs to either party as against the other; and itis further ORDERED, that the County Clerk of Kings County is directed, upon payment of the proper fees, if any, to cancel and discharge of record a certain Notice of Pendency filed in this action on August 15, 2011 against property known as Block 4075 Lot 44, and said Clerk is hereby directed to enter upon the margin of the record of same a Notice of Cancellation referring to this Order; and itis further ORDERED, that the Clerk of Kings County be served with a copy of this order with Notice of Entry and execute same accordingly. J.S.C. Q FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 Exhibit A FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF KINGS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE COPY UNDER THE POOLING AND SERVIC1NG.AGREEMENT AFFIDAVI1 UFTTEE1TEXTTTI ? RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE RPAPL §1303 NOTICE ON PASS-THROUGH CERTIFICATES, SERIES 2006-1 TENANT Plaintiff, INDEX NO.: 1-8579/11 vs. Mortgaged Premises: 639 HENDRIX STREET JAMES FREDERICK, et al. BROOKLYN, NY 11207 Defendant(s). STATE OF NEW YORK ) COUNTY OF NASSAU ) SS.: Sabino R. Tandiorio, being duly sworn, deposes and says thathe/she is over 18 years ofage and not a partyto thisaction; thaton the 23rd day of August, 2011 at639 HENDRIX STREET, BROOKLYN, NY 11207, deponent deliveredthe Notice required by RPAPL §1303, which Notice, as delivered,was printed on pink paper, thetitleof theNotice appeared tobe in bold 20-point type, and the textappeared to be in bold, 14-point type,on CONNIE JAMES the Defendant/Tenant named herein,inthe following manner: El As the premiseshas less thanfiveunitsand the identityofthe Tenant is known, deliveryof saidNotice was made pursuant to RPAPL §1303 by depositing,in an official depository under the exclusivecare and custody ofthe United Statespost office in the Stateof New York on the 23rd day of August, 2011, a truecopy of saidNotice ina postpaid, properly addressed envelope, by certifiedmail, return receipt requested, as well as by first-classmail, addressed to the above-named Defendant/Tenant residingat theproperty listedabove. Subsc e nd sworn to before m J J .. this day of 20 / / S o R.'fanhiorio SHARON MURATORE Public Notary Public, Stateof New York dotary No. 01MU6207738 Qualifiedin NASSAU Commission Expires, June 15,2013 A&J Process Service, 900 Merchants Concourse Suite 212, Westbury, NY 11590, Phone: 516-408-1200, Fax: 516-565-2425 IIIIIIIIIIIEllilllilllilligillHillillIlliIllIIIIIIIIIIIIII FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF KINGS DEUTSCHE BANK NATIONAL TRUST AS COPY COMPANY, TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT AFFIDAVIT 3F VICE ON RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE AN INDIVIDUAL OR PASS-THROUGH CERTIFICATES, SERIES 2006-1 CORPORATION Plaintiff, INDEX NO.: 18579/11 vs. Mortgaged Premises: 639 HENDRIX STREET JAMES FREDERICK, et al. BROOKLYN, NY 11207 Defendant(s). STATE OF NEW YORK ) .. COUNTY OF NASSAU ) SS.: Greg M Prince, being duly sworn, deposes and says thathe/sheis over 18 years ofage and not a partyto thisaction;thaton the 19th day of August, 2011 at approximately 9:06 am at 100 CHURCH STREET, NEW YORK, NY 10007 deponent served the annexed Summons and Complaint bearingIndex Number 18579/11 filedon the15th day of August, 2011, printed on white paper, on NEW YORK CITY ENVIRONMENTAL CONTROL BOARD the Defendant named herein, inthe following manner: CEl By delivering to and leaving with MADELYN SANTANA and he/she knew the person so served to be CLERK AUTHORIZED ofDefendant corporation. The person served would be described as approximately 31 to 39 years of age, 125 to 149 lbs,5-4 to5-7 ft,female, black hair,brown skin . th of (1 . 20 Greg M ce 1347937 Notary Public A&J ProcessService, 900 Merchants ConcourseSuite 212, Westbury, NY 11590, Phone: 516-408-1200, Fax: 516-565-2425 AMAUA TAMBURELLO Notary Public,State of NEW YORK . 01TA6214163 Qualified in N 5* QUEENS ---· Commission expires NOV. 30,2013 E .. r- l|115111111111111|I111R11111111111Ill111111E151AA11111111 FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 AFFIDAVIT OF SERVICE COPY 15/2011 STATE OF: NEW YORK DATE FILED: 8/ KINGS SUPREME . COUNTY OF: COURT INDEX # 18579/11 DEUTSCHE BANK NATIONAL TRUST-COMPANY, ETC. . . Plainti)s)/Petitioner(s) against co JAMES FREDERICK, ET AL. Defendant(s)/Respondent(s) 3: o State of NY County of Albany SS Christopher OBrien being duly sworn , deposes and says:thatdeponent is nota partyto this is over action, 18 years ofage and resides in thestate of New York. That on 8/17/2011 at 4:18 PM at W .A. HARRIMAN STATE CAMPUS, BLDG 9, ALBANY NY 12227 .. Deponent served the within SUMMONS AND COMPLAINT upon: NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE . A sta e agency, thereat by deliverlrtg a true copy of each to Amanda Morris personallydeponentknew said entitó so served to be the entity described in sameas said recipient and knew said individual to be keyboard specialist duly authorized thereof, legal process to accept . . DESCRIPTION: Sex Skin Color Hstir Color Approx.Age Approx.Ht Approx. Wt. Other 5'S" 125 female white black 27 Documents were pYoperly endorsed with Index number and date of filing. S orn to before mé on: 8/17/2 1 hristolsherOBrien Notary Public LightningLegal Services, LLC P.O. Box 9132, Albany, NY 12209 Nancy E. Gunner Keny Gunner . JessicaM. DeVoe NotaryPublic,State of NY NotaryPublic,Stateof NY NotaryPublic,StateofNY No 01GU6179812 No 01GU5038710 No 01DE6042657 Qualified in AlbanyCounty Qualified In Albany,County In Albany Qualified County Commission expires 2/4/12 Commission expires2/6/15 Commission Expires5/30/14 195050 SHERIEA.SEARLES NotaryPublic, Stateof NewYork Qualified In AlbanyCo.,No:01SE6179623 CommissionExpiresDec. 17, 2011 . FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 STATE OF NEW YORK . SUPREME COURT: COUNTY OF KINGS MSCHE BANK NATIONAL TRUST COMM, AS TRUSTEE COPY UNDER THE POOLING AND SERVICING AGREEMENT AFFIDAVD trSERY1tTUN RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE AN IND1VIDUAL OR PASS-THROUGH CERTIFICATES, SERIES·2006-1 CORPORATION Plaintiff, INDEX.NO.: 18579/11 vs. Mortgaged Premises: 639 HENDRIX STREET JAMES FREDERICK, et al. BROOKLYN, NY 11207 Defendant(s). STATE OF NEW YORK ) COUNTY OF NASSAU ) SS.: Alan Feldman, being duly sworn, deposes and says that he/she is over 18 years ofage and not a partyto thisaction;thaton the 20th day ofAugust, 2011 atapproximately 2:02 pm at 639 HENDRIX STREET, APT 2, BitOOKLYN, NY 11207 deponent served the annexed Summons and Complaint bearing Index Number 18579/11 filedon the 15thday of August, white on Doe" the Defendant named 2011, printed on paper, STEPHANIE JENNINGS as "John herein,in the following manner: El By deliveringtoand leavingwith said STEPHANIE JENNINGS personally a truecopy thereof, and thathe/sheknew the person so served to beSTEPHANIE JENNINGS theperson mentioned and desenbed insaid Summons and Complaint. . El Ueponent asked the indicatedperson whether the defendant and/or present occupant was presently inthe militaryservice of the United States Government or on active duty in the militaryservice in the State of New York or a dependant of anybody in the military and was told thedef ndant and/¬r presentoccupant was not. The person served would be described as approximately 40 to 49 yeárs of age, 100 to 124 lbs,5-4 to 5-7ft,female, black other· hair,blackskin, GLASSES * Sub d orn tobe e e yof 0 . aiixeldman . 094.6641 LIVIA M. REDONDO otary ublic Notary Public,State of New York 01RE4957300 Qualified in NASSAU Commission expiresOCT. 16,2013 -- 5: A&J Process Service, 900 Merchants Concourse Suite 212, Wesfbuty, NY 11590, Phone: 516-408-1200, Fax: 516-565-242 * Ill||111A111111111111111111E1111111111111Il11111111111111 FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF KINGS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE COPY UNDER THE POOLING AND SERVICING AGREEMENT AFFIDAVD UF17EEIVERYU 7 RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE RPAPL §1303 NOTICE ON PASS-THROUGH CERTIFICATES, SERIES 2006-1 TENANT Plaintiff, INDEX NO.: 18579/11 vs. Mortgaged Premises: 639 HENDRIX STREET JAMES FREDERICK, et al. BROOKLYN, NY 11207 Defendant(s). STATE OF NEW YORK ) COUNTY OF NASSAU ) SS.: Sabino R. Tandiorio,being duly sworn, deposes and says thathe/she is over 18 years of age and not a partyto thisaction; thaton the 23rd day of August, 2011 at639 HENDRIX STREET, BROOKLYN, NY 11207, deponent deliveredthe Notice required by RPAPL §1303, which Notice, as delivered,was printed on pink paper, the title of theNotice appeared tobe in bold 20-point type, and the text appeared to be in bold, 14-pointtype, on SHAREMAH LAMONT the Defendant/Tenant named herein,in thefollowing manner: El As the premises has less thanfiveunitsand the identityofthe Tenant is known, deliveryof saidNotice was made pursuant to RPAPL §1303 by depositing,in an official depository under the exclusivecare and custody ofthe United Statespost office in the Stateof New York on the23rd day of August, 2011, a truecopy of saidNotice ina postpaid, properly addressed envelope, by certifiedmail, return receipt requested, as well as by first-classmail, addressed to the above-named Defendant/Tenant residingatthe property listedabove. . Subscribed and sworn to before this day of 20 / / . Sa o 1. tancGorio . . SHARON MURATORE Public,State of New York Public Notaiy otary No. 01MU6207738 Qualifiedin NASSAU Commission Expires, June 15,2013 A&J ProcessService, 900 Merchants Concourse Suite 212, Westbury, NY 11590, Phone: 516-408-1200, Fax: 516-565-2425 IllAIAMIAIIIllADIllAllIllglAllllllA1EIllAllIIIII FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF KINGS DEUTSCHE BANK NATIONAL TRUST AS TRUSTEE COPY COMPANY, UNDER THE POOLING AND SERVICING AGREEMENT AFFIDAVIT 3È3EkTT TGT RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE AN INDIVIDUAL OR PASS-THROUGH CERTIFICATES, SERIES 2006-1 CORPORATION . Plaintiff, INDEX NO.: 18579/11 vs. Mortgaged Premises: 639 HENDRIX STREET JAMES FREDERICK, et al. BROOKLYN, NY 11207 .. . Defendant(s). STATE OF NEW YORK ) COUNTY OF NASSAU ) SS.: Greg M Prince, being duly sworn, deposes and says thathe/she isover 18 years ofage and not a partyto thisaction;thaton the 19th day of August, 2011 atapproximately 8:40 am at111 EIGHTH·AVENUE, C/O CT CORPORATION SYSTEM, NEW YORK, NY 10011 deponent served the annexed Summons and Complaint bearing Index Number 18579/11 filedon the 15th day ofAugust, 2011, printed on white paper,on IMPAC FUNDING CORPORATION the Defendant named herein, inthe following manner: R] By delivering to and leaving with PAULA KASH and he/she knew the person so served to be PROCESS CLERK/AUTHORIZED TO ACCEPT ofDefendant corporation. The personserved would be described as approximately 40 to 49 years ofage, 125 to 149 lbs,5-4 to 5-7ft,female,blonde hair,white skin Subscribed and sworn to e me this 21 day of t , 20 Greg nce 1347937 Notary Public A&J ProcessService, 900 Merchants ConcourseSuite 212, Westbury, NY -11590, Phone: 516-408-1200, Fax: 516-565-2425 .. . AMALIA TAMBURELLO Notary Public, State ofNEW YORK 01TA6214163 Qualified inQUEENS Commission expires NOV. 30,2013 111111111111111111111III111111111111111111111111111111III1111111111 FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 S PREME COURT THE STATE OF NEW YORK: 0RIGINAL C TY OF KINGS ___ _______________________________________________________Ç UTSCHE BANK NATIONAL TRUST Index No. 18579/11 OMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT RELATING TO NOTICE OF MOTION IMPAC SECURED ASSETS CORP., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-1 Oral Argument is Requested. Plaintiff. -against- Name of Assigned Judge: Peter Sweeney JAMES FREDRICK CAPTIAL ONE BANK (USA) NA CRIMINAL COURT OF THE CITY OF NEW YORK IMPAC FUNDING CORPORATION C/O C CORPORATION SYSTEM NEW YORK CITY ENVIRONMENTAL CONTRO BOARD NEW YORK CITY PARKING VIOLATIONS BUREAU NEW YORK CITY TRANSIT ADJUDICATION BUREAU NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE PEOPLE OF THE STATE OF NEW YORK and JOHN DOE (Said name being fictitious, itbeing the intentDn of Plaintiff to designate any and alloccupants of preipises being foreclosed herein,-and any parties, corpõYations or entities, if any, having or d>aiming an interest or lien upon the mortgaged premises.) Defendants. ___________________________________________________________Ç TAKE NOTICE that, upon the annexed attorney's statement of Donna Akinrele, Esq. dated August , 2016, the exhibits annexed thereto, and upon all of the pleadings and prior proceedings heretofore had herein, we shall make a motion at a IAS Part of this Court, to be held at the Kings County Courthouse, Supreme Court Building, 360 Adams Street, Brooklyn , New York on the 14th day of September, 2016 at 09:30 a.m. or as soon thereafter as counsel can be heard for an order (i)discontinuing the instant action; (ii) canceling the lispendens filed against the premises which are the subject of the instant foreclosure action and (iii)and for such other relief as the Court deems just and equitable. MREC OSM FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 The above-entitled action is for the foreclosure of a mortgage. TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b) that answer affidavits, if any, must be served so that they will arrive at our offices at least seven (7) days before the time at which this motion is noticed to be heard. Dated: Melville, New York August , 2016 McCABE, WEIS ERG & CONWAY, P.C. By: f) DONNA AKINRELE, ESQ. Attorneys for Plaintiff 145 Huguenot St.,Suite 210 New Rochelle, New York 10801 914-636-8900 914-636-8901 facsimile To: James Fredrick Pro Se 1307 Sterling Pl, 1st Floor Brooklyn, New York 11213-000 Captial One Bank (USA) NA Pro Se 800 Montauk Hwy Shirley, New York 11967 Criminal Court of the City of New York Pro Se 25 Beaver Street New York, New York 10004 IMPAC Funding Corporation C/O CT Corporation System Pro Se FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 111 Eighth Avenue New York , New York 10011 New York City Environmental Control Board Pro Se 100 Church Street New York, New York 10007 New York City Parking Violations Bureau Pro Se 100 Church Street New York , New York 10007 New York City Transit Adjudication Bureau Pro Se 130 Livingston Street Brooklyn , New York 11201 Alan Gitter, Esq. Attorney for defendant New York State Department of Taxation and Finance W.A. Harriman Campus, Building 9 Albany, New York 12227 People of the State of New York Pro Se 350 Main Street Main Place Tower, Suite 300ABuffalo, New York 14202 FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 fNYSCEF( DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 STATE OF NEW YORK, AFFIDAVIT OF SERVICE COUNTY OF SUFFOLK BY MAIL Jesse Cozzetti being duly sworn, says: that I am over the a e f eighteen years and am not a party herein, that I reside in Suffolk County and that on the day of August, 2016 served a copy of the within NOTICE OF MOTION TO DISCONTINUE ACTION, VACATE JUDGMENT AND CANCEL LIS PENDENS upon the parties hereinafter named at the places hereinafter stated and set opposite their name by certified mail return receipt requested and same to be enclosed in a post- depositing properly paid, properly addressed wrapper, and deposited in an official depository under the exclusive care and custody of the United States Post Office Department within the City and State of New York, directed to be said parties at their last known addresses given below. Je s Cozzetti To: James Fredrick Pro Se 1307 Sterling Pl, 1st Floor Brooklyn, New York 11213-000 Captial One Bank (USA) NA Pro Se 800 Montauk Hwy Shirley, New York 11967 Criminal Court of the City of New York Pro Se 25 Beaver Street New York, New York 10004 IMPAC Funding Corporation C/O CT Corporation System Pro Se 111 Eighth Avenue New York , New York 10011 New York City Environmental Control Board Pro Se 100 Church Street New York. New York 10007 FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 New York City Parking Violations Bureau Pro Se 100 Church Street New York , New York 10007 New York City Transit Adjudication Bureau Pro Se 130 Livingston Street Brooklyn , New York 11201 Alan Gitter, Esq. Attorney for defendant New York State Department of Taxation and Finance W.A. Harriman Campus, Building 9 Albany, New York 12227 People of the State of New York Pro Se 350 Main Street Main Place Tower, Suite 300ABuffalo, New York 14202 Sworn to me on this day of , 2016 NOTARY PUBLIC Sahar Hamlani of New York Public State Notary No.01HA6293331 Suffolk County Qualified in December 23, 2017 Commission Expires FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 SUPREME COURT THE STATE OF NEW YORK: COUNTY OF KINGS ___________________________________________________________Ç DEUTSCHE BANK NATIONAL TRUST Index No. 18579/1I COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT RELATING TO AFFIRMATION IN SUPPORT OF IMPAC SECURED ASSETS CORP., MORTGAGE MOTION TO DISCONTINUE PASS-THROUGH CERTIFICATES, SERIES 2006-1 ACTION AND CANCEL LIS PENDENS Plaintiff. -against- JAMES FREDRICK CAPTIAL ONE BANK (USA) NA CRIMINAL COURT OF THE CITY OF NEW YORK IMPAC FUNDING CORPORATION C/O CT CORPORATION SYSTEM NEW YORK CITY ENVIRONMENTAL CONTROL BOARD NEW YORK CITY PARKING VIOLATIONS BUREAU NEW YORK CITY TRANSIT ADJUDICATION BUREAU NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE PEOPLE OF THE STATE OF NEW YORK and JOHN DOE (Said name being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises.) Defendants. ___________________________________________________________Ç DONNA AKINRELE, ESQ., to CPLR Section 2106[NYCLS] and under the penalties of perjury affirms as follows: 1. Iam an attorney at law and am an associate the firm of McCabe, Weisberg & Conway, P.C., the attorneys of record for the plaintiff in the within action, and as such am fully familiar with the facts of this case and the proceedings heretofore had herein. I submit this affirmation in FILED: KINGS COUNTY CLERK 11/18/2022 05:41 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/18/2022 support of an order pursuant to CPLR Section 6514(d)[NYCLS] to cancel the notice of pendency heretofore filed herein and to discontinue the within action without prejudice. 2. Heretofore, this action was instituted by service of a summons and complaint upon all defendants, allof which more fully appears from the affidavits of service heretofore filed herein. (Exhibit A). 3. Plaintiff avers that itis in the best interests of all parties and in the interests of judicial economy to discontinue the action and cancel the notice of pendency heretofore filed in the Office of the County Clerk of the County of Kings on August 15, 2011 (Exhibit B). The foreclosure has been discontinued due to inability to verify compliance with pre-acceleration notice requirements. 4. The within action is not on the calendar. 5. No similar requests have been made for the relief sought herein. WHEREFORE, itis