On February 19, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Carrington Mortgage Services, Llc,
and
John Doe, Said Name Being Fictitious, It Being 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,
Joseph Borozny,
Suzanne Borozny
A K A Suzanne Penny Borozny,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 12/07/2022 01:51 PM INDEX NO. 603402/2019
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
AFFIRMATION
Carrington Mortgage Services, LLC,
Plaintiff, Index No. 603402/2019
-against-
Foreclosure of:
Suzanne Borozny a/k/a Suzanne Penny Borozny; Joseph 241 Atlantic Place
Borozny, Hauppauge, NY 11788
Defendants. District 0500 Section 025.00
Block 03.00 Lot 013.000
Our File No.: 18-076973
John A. DiCaro, an attorney at law, duly admitted to practice before the Courts of the State
of New York hereby affirms pursuant to CPLR § 2106 that:
1. I am a partner of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the
attorneys of record for the plaintiff herein, and I am fully familiar with the facts and circumstances
underlying this action. This affirmation is submitted in support of the motion to cancel the notice
of pendency and discontinue the action.
2. The instant foreclosure action was commenced on February 19, 2019 when the
summons, complaint, and notice of pendency were filed in the Suffolk County Clerk’s Office. An
additional notice of pendency was filed in the Suffolk County Clerk's Office on January 19, 2022.
3. Subsequent to the entry of the Order of Reference, Counsel was advised that a
settlement was reached between the parties as to the mortgage default herein, as a result of a loan
modification.
4. As a result, the notice of pendency and additional notice of pendency should be
cancelled and the instant action should be discontinued in its entirety.
1 of 2
FILED: SUFFOLK COUNTY CLERK 12/07/2022 01:51 PM INDEX NO. 603402/2019
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/07/2022
5. This application is on notice to the main defendants and all appearing party
defendants, as well as to the appointed Referee.
6. No previous application has been made for the reliefrequested herein.
WHEREFORE, itis respectfully requested that the plaintiff s motion be granted in its
entirety, and such other and further relief as to the Court may seem just and proper.
Dated: December 4 , 2022
Jo in A. DiCaro, Esq.
egional Managing Partner
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
Telephone: (585) 247-9000
Our File No.: 18-076973
2 of 2
Document Filed Date
December 07, 2022
Case Filing Date
February 19, 2019
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: SUFFOLK COUNTY CLERK 12/07/2022 01:51 PM INDEX NO. 603402/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK AFFIRMATION Carrington Mortgage Services, LLC, Plaintiff, Index No. 603402/2019 -against- Foreclosure of: Suzanne Borozny a/k/a Suzanne Penny Borozny; Joseph 241 Atlantic Place Borozny, Hauppauge, NY 11788 Defendants. District 0500 Section 025.00 Block 03.00 Lot 013.000 Our File No.: 18-076973 John A. DiCaro, an attorney at law, duly admitted to practice before the Courts of the State of New York hereby affirms pursuant to CPLR § 2106 that: 1. I am a partner of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the attorneys of record for the plaintiff herein, and I am fully familiar with the facts and circumstances underlying this action. This affirmation is submitted in support of the motion to cancel the notice of pendency and discontinue the action. 2. The instant foreclosure action was commenced on February 19, 2019 when the summons, complaint, and notice of pendency were filed in the Suffolk County Clerk’s Office. An additional notice of pendency was filed in the Suffolk County Clerk's Office on January 19, 2022. 3. Subsequent to the entry of the Order of Reference, Counsel was advised that a settlement was reached between the parties as to the mortgage default herein, as a result of a loan modification. 4. As a result, the notice of pendency and additional notice of pendency should be cancelled and the instant action should be discontinued in its entirety. 1 of 2 FILED: SUFFOLK COUNTY CLERK 12/07/2022 01:51 PM INDEX NO. 603402/2019 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 12/07/2022 5. This application is on notice to the main defendants and all appearing party defendants, as well as to the appointed Referee. 6. No previous application has been made for the reliefrequested herein. WHEREFORE, itis respectfully requested that the plaintiff s motion be granted in its entirety, and such other and further relief as to the Court may seem just and proper. Dated: December 4 , 2022 Jo in A. DiCaro, Esq. egional Managing Partner LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 Telephone: (585) 247-9000 Our File No.: 18-076973 2 of 2