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HANDEL
CARLINI, L L P November 15, 2022
ATTORNEYS AT LAW
WWW.HANDELCARLINI.COM
Transmitted Via NYSCEF:
P 845.454.2221 Honorable Maria G. Rosa
F 845.297.2250
New York State Supreme Court
County of Dutchess
M AIN O FFICE
( RESPOND HERE ) 10 Market Street
1984 N EW H ACKENSACK R D Poughkeepsie, NY 12601
P OUGHKEEPSIE , NY 12603
W APPINGERS O FFICE Re: Richard von der Lieth v. Barbara Giordano et al.
62A E AST M AIN S TREET Index No. 2021-51452
W APPINGERS F ALLS , NY 12590
P OUGHKEEPSIE OFFICE Dear Judge Rosa:
P OUGHKEEPSIE JOURNAL
BUILDING
85 C IVIC C ENTER P LAZA
As the Court is aware, this law firm represents the Plaintiff in the above-
S UITE 201A referenced foreclosure matter. On October 13, 2022 the foreclosure sale was
P OUGHKEEPSIE , NY 12601
held and sold to the highest bidder VDL Holding, LLC. On October 31,
N EWBURGH OFFICE 2022 the closing was held and a Deed executed by the Referee to VDL a
372 F ULLERTON A VE copy of which is attached hereto. We want to bring this to the Court's
U PPER L EVEL
N EWBURGH , NY 12550
attention as the Court may agree that certain portions of Defendant's motion
to vacate the Judgment of Foreclosure and Sale, if not the motion in its
entirety, has been mooted by the transfer of the mortgaged premises by
foreclosure sale.
Should the Court require anything further please do not hesitate to contact
the undersigned.
Respectfully submitted,
HANDEL & CARLINI, LLP
By:___________________________________
Anthony C. Carlini, Jr., Esq.
ACC/irb
Enc.
cc: Barbara Giordano-Leonaggeo (via NYSCEF)
Kenneth M. Stenger, Esq. (via NYSCEF)
Karen E. Hagstrom, Esq. (via NYSCEF)
A NTHONY C ARLINI
ANTHO NY @ HAN DELCARLI NI . COM
B
Dutchess County Clerk Recording Page
Record & Return To: Date Recorded: 11/4/2022
Time Recorded: 4:02 PM
QUEEN CITY ABSTRACT CORP, Document #: 02 2022 54032
32 LAGRANGE AVE
POUGHKEEPSIE, NY 12603
Received From: QUEEN CITY ABSTRACT CORP,
Grantor: GIORDANO BARBARA
Grantee: VDL HOLDING LLC
Recorded In: Deed Tax District: Stanford
Instrument Type:
Examined and Charged As Follows :
Recording Charge: $330.00 Number of Pages: 5
Transfer Tax Amount: $800.00
***
Includes Mansion Tax: $0.00 Do Not Detach This Page
***
Transfer Tax Number: 2204 This is Not A Bill
Red Hook Transfer Tax:
RP5217: Y
TP-584: Y
County Clerk By: Sim
Receipt #: 35990
Batch Record: 239
Bradford Kendall
County Clerk
02202254032
Deed - Referee's - Mortgage Foreclosure
THIS DEED, made theMtle day of October, 2022, between
DONALD CAPPILLINO, ESQ., with an address of 7 Broad Street, P.O. Box 390, Pawling, New
York 12564, Referee duly appointed in the action hereinafter mentioned, Grantor, and
VDL HOLDING, LLC, with an address at 1984 New Hackensack Road, Poughkeepsie, New
York 12603, Grantee;
WITNESSETH, that the grantor, the party appointed in an action between
RICHARD VON DER LIETH, Plaintiff, and
BARBARA GIORDANO A/K/A BARBARA LEONAGGEO A/K/A BARBARA GIORDANO-
LEONAGGEO, ROGER LEONAGGEO, 1 M2 RE MQ4DINGS-4,, LLC PORTFOL[OppECQYEVY
ASSOCIATES, LLC, RAZOR CAPITAL II, LLC A/P/O CREDIT ONE BANK, N.A., CATANIA,
foreclosing a Mortgage recorded on February 3, 2016 as Document No. 01-2016-761, in pursuance of a
Judgment entered at a special term of the SUPREME COURT OF THE STATE OF NEW YORK,
COUNTY OF DUTCHESS, on the 1st day of September, 2022, and in consideration of TWO HUNDRED
NINETY-FIVE THOUSAND and 00/100 ($295,000.00) DOLLARS paid by the Grantee, being the
highest sum bid at the sale under said Judgment, does hereby grant and convey unto the Grantee, ALL
THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE TOWN OF
STANFORD, COUNTY OF DUTCHESS AND STATE OF NEW YORK, KNOWN AND
DESIGNATED AS SECTION 6669-, BLOCK 00-, LOT 533189, and more particularly bounded and
"A"
described on Schedule annexed hereto.
TOGETHER with the appurtenances and allthe estate and rights ofthe mortgagors in and to said premises.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party
of the first part will receive the consideration for this conveyance and will hold the right to receive such
consideration as a trust fund to be applied firstto the purpose of paying the cost of the improvement and
will apply the same first to the payment of the cost of the improvement before using any part of the total
of the same for any other purpose.
TO HAVE AND TO HOLD the premises herein granted unto the Grantee, and assigns forever.
IN WITNESS WHEREOF, the Grantor has hereunder set his hand and seal.
In Presence of:
DONALD CAPPILLINO3S ., efeTe'e
STATE OF NEW YORK )
) SS:
COUNTY OF DUTCHESS )
On the 3 bay of October, 2022 before me, the undersigned, a Notary Public in and for said
State, personally appeared DONALD CAPPILLINO, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual or the person upon behalf of which the individual acted, executed the
instrument.
M. WEXLER
REQINA
State ofNew York
Notary Public,
01WE4944513
No.
Qualified in Dutchess County
Expires 11/21/20
Commission
R&R: Anthony C. Carlini, Jr.,Esq.
Handel & Carlini, LLP
1984 New Hackensack Road
Poughkeepsie, NY 12603
Schedule A Description
Title Number RPATS-6390 Page 1
ALL that certain lotpiece or parcel of land, situated in the Town of Stanford,
County of Dutchess, State of New York, bounded and described as follows:
BEGINNING at a point in the southerly side of the highway leading westerly from
Route 82 near McIntryre, at the junction of walls, being the northwesterly comer
of lands of John D. & Geo. M. Russell; thence along the wall and lands of
Russell south 8 degrees 29 minutes 42 seconds west 702.16 feet to a corner of
walls; thence along a wall the line of Vincent and Agnes Flannery, north 85
degrees 05 minutes 51 seconds west 1049.9 feet to a corner of walls; thence
along a wall north 8 degrees 00 minutes 10 seconds east 62.06 feet to a corner
of walls; thence along a wall the line of EM. Corbett; north 86 degrees 14
minutes 25 seconds west 739.64 feet to the easterly side of highway, thence
crossing the highway north 53 degrees 46 minutes 40 seconds west 28.44 feet to
a comer of walk on the westerly side of the highway thence stillalong Corbett;
along wall north 83 degrees 50 minutes 20 seconds west 1070.6 feet to a camer
with a fence; thence along a fence north 81 degrees 28 minutes 30 seconds
west 310.57 feet; thence stillalong a fence south 80 degrees 57 minutes 10
seconds west 144.48 feet to the intersection of the fence and a piece of stone
wall, in the line of Ida Camase; thence along Camase along a piece of wall and
the range thereof north 4 degrees 47 minutes 35 seconds east 554.12 feet to a
point in a wall; thence along a wall; north 6 degrees 13 minutes 50 seconds east
726 46 feet to a point in a wall; thence along a wall north 10 degrees 23 minutes
10 seconds east 625.92 feet; thence along a wall north 10 degrees 02 minutes
20 seconds east 532.43 feet thence along a wall, north 5 degrees 38 minutes 28
seconds east 328.29 feet; to a corner of walls on the southerly side of a highway;
thence along the wall on the southerly side of the highway, the following courses
and distances: south 31 degrees 45 minutes 50 seconds east 90.97 feet; south
25 degrees 23 minutes 40 seconds east 127.10 feet; south 57 degrees 26
minutes 00 seconds east 23.45 feet; south 68 degrees 42 minutes 20 seconds
east 46.01 feet; south 85 degrees 01 minutes 42 seconds east 111.58 feet;
south 57 degrees 16 minutes 40 seconds east 192.66 feet; north S 3 degrees 16
minutes 50 seconds east 169,39 feet; south 84 degrees 12 minutes 42 seconds
east 39.56 feet; south 67 degrees 56 minutes 50 seconds east 214.93 feet;
thence south 58 degrees 43 minutes 50 seconds east 69.08 feet; thence
crossing the highway north 31 degrees 16 minutes 10 seconds east 43.69 feet to
a corner of walls; thence along lands of Reister and Kochler, along a wall, north
34 degrees 21 minutes 0 seconds east 208.46 feet to a corner, thence along a
wall south S 5 degrees 24 minutes 41 seconds east 226.62 feet; thence along a
wall south 74 degrees 47 minutes 10 seconds east 208.68 feel to a corner;
thence along a wall north 21 degrees 29 minutes 50 seconds east 217.48 feet;
thence along a wall north 28 degrees 19 minutes 0 seconds east 112.09 feet;
Continued On Next Page
Schedule A Description - continued
TitleNumber RPATS-6390 Page 2
thence along a wall north 32 degrees 51 minutes 10 seconds east 278.82 feet;
thence along a wall north 51 degrees 27 minutes 00 seconds east 174.16 feet;
thence along a wall north 49 degrees 12 minutes 30 seconds east 157.04 feet;
thence along a wall north 49 degrees 49 minutes 50 seconds east 204.35 feet;
thence along a wall north 49 degrees 27 minutes 10 seconds east 253.74 feet to
the end of an old dam; thence in a straight line, the fence running from tree to
tree, north 24 degrees 59 minutes 20 seconds east 336.79 feet; thence north 23
degrees 40 minutes 50 seconds east 103.77 feet; thence along a wall, north 20
degrees 37 minutes 40 seconds east 217.48 feet; thence along a wall north 12
degrees 08 minutes 50 seconds east 72.94 feet to a comer of walls in the line of
lands of Frank and Emma Schryer, thence along same along a wall, south 85
degrees 23 minutes 46 seconds east 295.01 feet; thence along a wall; south 89
degrees 25 minutes 25 seconds east 76.54 feet to a corner of walls; thence
along lands of James and Lucy Collins, along a fence, south 4 degrees 54
minutes 45 seconds west 1129.16 feet to a point in a wall; thence along a wall,
south 3 degrees 2 minutes 07 seconds west 160.16 feet; thence along a wall
south 4 degrees 31 minutes 22 seconds west 213.42 feet; thence along a wall
south 8 degrees 52 minutes 10 seconds west 367.82 feet thence along a fence,
south 11 degrees 01 minutes 30 seconds west 86.70 feet; thence along a fence
south 4 degrees 27 minutes 56 seconds west 79,63 feet to a corner with a wall;
thence along a wall, south 85 degrees 00 minutes 59 seconds east 214.57 feet;
thence along a wall, south 84 degrees 26 minutes 16 seconds east 197.77 feet;
thence along a wall south 86 degrees 33 minutes 12 seconds east 108.62 feet to
a corner of walls; thence along lands of N.B. and Gail Norman, along a wall
south 9 degrees 24 minutes 40 seconds west 547.07 feet; thence along a wall
south 8 degrees 29 minutes 40 seconds west 1170.12 feet to the corner of walls
on the northerly side of the highway, thence crossing the highway south 11
degrees 58 minutes 40 seconds west 32.14 feet to the place of beginning.
EXCEPTING therefrom so much of the above described premises as was
conveyed to Jack J. Giordano and Josephine Giordano, his wife, by deed dated
January 6, 1975 and recorded January 16, 1975 in Liber 1399 of conveyances at
page 883.
EXCEPTING therefrom so much of the above described premises as was
conveyed to H&L Equine, LLC by Deed dated 11/17/2005 and recorded
04/21/2010 at Document No. 02-2010/1860 in the Dutchess County Clerk's
Office.
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HANDEL CARLINI, L L P November 15, 2022 ATTORNEYS AT LAW WWW.HANDELCARLINI.COM Transmitted Via NYSCEF: P 845.454.2221 Honorable Maria G. Rosa F 845.297.2250 New York State Supreme Court County of Dutchess M AIN O FFICE ( RESPOND HERE ) 10 Market Street 1984 N EW H ACKENSACK R D Poughkeepsie, NY 12601 P OUGHKEEPSIE , NY 12603 W APPINGERS O FFICE Re: Richard von der Lieth v. Barbara Giordano et al. 62A E AST M AIN S TREET Index No. 2021-51452 W APPINGERS F ALLS , NY 12590 P OUGHKEEPSIE OFFICE Dear Judge Rosa: P OUGHKEEPSIE JOURNAL BUILDING 85 C IVIC C ENTER P LAZA As the Court is aware, this law firm represents the Plaintiff in the above- S UITE 201A referenced foreclosure matter. On October 13, 2022 the foreclosure sale was P OUGHKEEPSIE , NY 12601 held and sold to the highest bidder VDL Holding, LLC. On October 31, N EWBURGH OFFICE 2022 the closing was held and a Deed executed by the Referee to VDL a 372 F ULLERTON A VE copy of which is attached hereto. We want to bring this to the Court's U PPER L EVEL N EWBURGH , NY 12550 attention as the Court may agree that certain portions of Defendant's motion to vacate the Judgment of Foreclosure and Sale, if not the motion in its entirety, has been mooted by the transfer of the mortgaged premises by foreclosure sale. Should the Court require anything further please do not hesitate to contact the undersigned. Respectfully submitted, HANDEL & CARLINI, LLP By:___________________________________ Anthony C. Carlini, Jr., Esq. ACC/irb Enc. cc: Barbara Giordano-Leonaggeo (via NYSCEF) Kenneth M. Stenger, Esq. (via NYSCEF) Karen E. Hagstrom, Esq. (via NYSCEF) A NTHONY C ARLINI ANTHO NY @ HAN DELCARLI NI . COM B Dutchess County Clerk Recording Page Record & Return To: Date Recorded: 11/4/2022 Time Recorded: 4:02 PM QUEEN CITY ABSTRACT CORP, Document #: 02 2022 54032 32 LAGRANGE AVE POUGHKEEPSIE, NY 12603 Received From: QUEEN CITY ABSTRACT CORP, Grantor: GIORDANO BARBARA Grantee: VDL HOLDING LLC Recorded In: Deed Tax District: Stanford Instrument Type: Examined and Charged As Follows : Recording Charge: $330.00 Number of Pages: 5 Transfer Tax Amount: $800.00 *** Includes Mansion Tax: $0.00 Do Not Detach This Page *** Transfer Tax Number: 2204 This is Not A Bill Red Hook Transfer Tax: RP5217: Y TP-584: Y County Clerk By: Sim Receipt #: 35990 Batch Record: 239 Bradford Kendall County Clerk 02202254032 Deed - Referee's - Mortgage Foreclosure THIS DEED, made theMtle day of October, 2022, between DONALD CAPPILLINO, ESQ., with an address of 7 Broad Street, P.O. Box 390, Pawling, New York 12564, Referee duly appointed in the action hereinafter mentioned, Grantor, and VDL HOLDING, LLC, with an address at 1984 New Hackensack Road, Poughkeepsie, New York 12603, Grantee; WITNESSETH, that the grantor, the party appointed in an action between RICHARD VON DER LIETH, Plaintiff, and BARBARA GIORDANO A/K/A BARBARA LEONAGGEO A/K/A BARBARA GIORDANO- LEONAGGEO, ROGER LEONAGGEO, 1 M2 RE MQ4DINGS-4,, LLC PORTFOL[OppECQYEVY ASSOCIATES, LLC, RAZOR CAPITAL II, LLC A/P/O CREDIT ONE BANK, N.A., CATANIA, foreclosing a Mortgage recorded on February 3, 2016 as Document No. 01-2016-761, in pursuance of a Judgment entered at a special term of the SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF DUTCHESS, on the 1st day of September, 2022, and in consideration of TWO HUNDRED NINETY-FIVE THOUSAND and 00/100 ($295,000.00) DOLLARS paid by the Grantee, being the highest sum bid at the sale under said Judgment, does hereby grant and convey unto the Grantee, ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE TOWN OF STANFORD, COUNTY OF DUTCHESS AND STATE OF NEW YORK, KNOWN AND DESIGNATED AS SECTION 6669-, BLOCK 00-, LOT 533189, and more particularly bounded and "A" described on Schedule annexed hereto. TOGETHER with the appurtenances and allthe estate and rights ofthe mortgagors in and to said premises. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied firstto the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. TO HAVE AND TO HOLD the premises herein granted unto the Grantee, and assigns forever. IN WITNESS WHEREOF, the Grantor has hereunder set his hand and seal. In Presence of: DONALD CAPPILLINO3S ., efeTe'e STATE OF NEW YORK ) ) SS: COUNTY OF DUTCHESS ) On the 3 bay of October, 2022 before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD CAPPILLINO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. M. WEXLER REQINA State ofNew York Notary Public, 01WE4944513 No. Qualified in Dutchess County Expires 11/21/20 Commission R&R: Anthony C. Carlini, Jr.,Esq. Handel & Carlini, LLP 1984 New Hackensack Road Poughkeepsie, NY 12603 Schedule A Description Title Number RPATS-6390 Page 1 ALL that certain lotpiece or parcel of land, situated in the Town of Stanford, County of Dutchess, State of New York, bounded and described as follows: BEGINNING at a point in the southerly side of the highway leading westerly from Route 82 near McIntryre, at the junction of walls, being the northwesterly comer of lands of John D. & Geo. M. Russell; thence along the wall and lands of Russell south 8 degrees 29 minutes 42 seconds west 702.16 feet to a corner of walls; thence along a wall the line of Vincent and Agnes Flannery, north 85 degrees 05 minutes 51 seconds west 1049.9 feet to a corner of walls; thence along a wall north 8 degrees 00 minutes 10 seconds east 62.06 feet to a corner of walls; thence along a wall the line of EM. Corbett; north 86 degrees 14 minutes 25 seconds west 739.64 feet to the easterly side of highway, thence crossing the highway north 53 degrees 46 minutes 40 seconds west 28.44 feet to a comer of walk on the westerly side of the highway thence stillalong Corbett; along wall north 83 degrees 50 minutes 20 seconds west 1070.6 feet to a camer with a fence; thence along a fence north 81 degrees 28 minutes 30 seconds west 310.57 feet; thence stillalong a fence south 80 degrees 57 minutes 10 seconds west 144.48 feet to the intersection of the fence and a piece of stone wall, in the line of Ida Camase; thence along Camase along a piece of wall and the range thereof north 4 degrees 47 minutes 35 seconds east 554.12 feet to a point in a wall; thence along a wall; north 6 degrees 13 minutes 50 seconds east 726 46 feet to a point in a wall; thence along a wall north 10 degrees 23 minutes 10 seconds east 625.92 feet; thence along a wall north 10 degrees 02 minutes 20 seconds east 532.43 feet thence along a wall, north 5 degrees 38 minutes 28 seconds east 328.29 feet; to a corner of walls on the southerly side of a highway; thence along the wall on the southerly side of the highway, the following courses and distances: south 31 degrees 45 minutes 50 seconds east 90.97 feet; south 25 degrees 23 minutes 40 seconds east 127.10 feet; south 57 degrees 26 minutes 00 seconds east 23.45 feet; south 68 degrees 42 minutes 20 seconds east 46.01 feet; south 85 degrees 01 minutes 42 seconds east 111.58 feet; south 57 degrees 16 minutes 40 seconds east 192.66 feet; north S 3 degrees 16 minutes 50 seconds east 169,39 feet; south 84 degrees 12 minutes 42 seconds east 39.56 feet; south 67 degrees 56 minutes 50 seconds east 214.93 feet; thence south 58 degrees 43 minutes 50 seconds east 69.08 feet; thence crossing the highway north 31 degrees 16 minutes 10 seconds east 43.69 feet to a corner of walls; thence along lands of Reister and Kochler, along a wall, north 34 degrees 21 minutes 0 seconds east 208.46 feet to a corner, thence along a wall south S 5 degrees 24 minutes 41 seconds east 226.62 feet; thence along a wall south 74 degrees 47 minutes 10 seconds east 208.68 feel to a corner; thence along a wall north 21 degrees 29 minutes 50 seconds east 217.48 feet; thence along a wall north 28 degrees 19 minutes 0 seconds east 112.09 feet; Continued On Next Page Schedule A Description - continued TitleNumber RPATS-6390 Page 2 thence along a wall north 32 degrees 51 minutes 10 seconds east 278.82 feet; thence along a wall north 51 degrees 27 minutes 00 seconds east 174.16 feet; thence along a wall north 49 degrees 12 minutes 30 seconds east 157.04 feet; thence along a wall north 49 degrees 49 minutes 50 seconds east 204.35 feet; thence along a wall north 49 degrees 27 minutes 10 seconds east 253.74 feet to the end of an old dam; thence in a straight line, the fence running from tree to tree, north 24 degrees 59 minutes 20 seconds east 336.79 feet; thence north 23 degrees 40 minutes 50 seconds east 103.77 feet; thence along a wall, north 20 degrees 37 minutes 40 seconds east 217.48 feet; thence along a wall north 12 degrees 08 minutes 50 seconds east 72.94 feet to a comer of walls in the line of lands of Frank and Emma Schryer, thence along same along a wall, south 85 degrees 23 minutes 46 seconds east 295.01 feet; thence along a wall; south 89 degrees 25 minutes 25 seconds east 76.54 feet to a corner of walls; thence along lands of James and Lucy Collins, along a fence, south 4 degrees 54 minutes 45 seconds west 1129.16 feet to a point in a wall; thence along a wall, south 3 degrees 2 minutes 07 seconds west 160.16 feet; thence along a wall south 4 degrees 31 minutes 22 seconds west 213.42 feet; thence along a wall south 8 degrees 52 minutes 10 seconds west 367.82 feet thence along a fence, south 11 degrees 01 minutes 30 seconds west 86.70 feet; thence along a fence south 4 degrees 27 minutes 56 seconds west 79,63 feet to a corner with a wall; thence along a wall, south 85 degrees 00 minutes 59 seconds east 214.57 feet; thence along a wall, south 84 degrees 26 minutes 16 seconds east 197.77 feet; thence along a wall south 86 degrees 33 minutes 12 seconds east 108.62 feet to a corner of walls; thence along lands of N.B. and Gail Norman, along a wall south 9 degrees 24 minutes 40 seconds west 547.07 feet; thence along a wall south 8 degrees 29 minutes 40 seconds west 1170.12 feet to the corner of walls on the northerly side of the highway, thence crossing the highway south 11 degrees 58 minutes 40 seconds west 32.14 feet to the place of beginning. EXCEPTING therefrom so much of the above described premises as was conveyed to Jack J. Giordano and Josephine Giordano, his wife, by deed dated January 6, 1975 and recorded January 16, 1975 in Liber 1399 of conveyances at page 883. EXCEPTING therefrom so much of the above described premises as was conveyed to H&L Equine, LLC by Deed dated 11/17/2005 and recorded 04/21/2010 at Document No. 02-2010/1860 in the Dutchess County Clerk's Office.