On September 15, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Lakeview Loan Servicing, Llc,
and
Capital One Bank,
Corissa Casso,
John Doe,
Michael G. Sage,
United States Of America Acting Through The Secretary Of Housing And Urban Development,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Schenectady County.
Preview
FILED: SCHENECTADY COUNTY CLERK 12/16/2022 03:04 PM INDEX NO. 2021-1905
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHENECTADY
----------------------------------------------------------------X
LAKEVIEW LOAN SERVICING, LLC NOTICE OF MOTION FOR A
DEFAULT JUDGMENT, ORDER
OF REFERENCE, AND
JUDGMENT OF FORECLOSURE
AND SALE
Plaintiff,
vs
INDEX #: 2021-1905
CORISSA CASSO, MICHAEL G. SAGE,
UNITED STATES OF AMERICA ACTING MORTGAGED PREMISES:
THROUGH THE SECRETARY OF HOUSING 1814 JEROME AVENUE
AND URBAN DEVELOPMENT, CAPITAL SCHENECTADY, NY 12306
ONE BANK (USA), N.A.
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
----------------------------------------------------------------X
PLEASE TAKE NOTICE that, upon the affirmation of Anthony J. Rooney dated
December 15 2022, the affidavit of Antoine Hurdle, sworn to December 13, 2022, the exhibits
attached thereto, and all prior proceedings in this case, Plaintiff LAKEVIEW LOAN
9:30am 01/06/2023
SERVICING, LLC will move this court at ___________________ on _______________ before
Honorable Mark L. Powers, at the Supreme Court of Schenectady County, 612 State Street,
Schenectady, NY 12305 or as soon thereafter as the parties may be heard, for an order:
1. Granting Plaintiff’s motion for Default Judgment and Judgment of Foreclosure
and Sale pursuant to Administrative Order 356/17.
2. Declaring that all non-appearing and non-answering defendants are in default
pursuant to CPLR 3215;
1 of 3
FILED: SCHENECTADY COUNTY CLERK 12/16/2022 03:04 PM INDEX NO. 2021-1905
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022
3. Determining the amount due to Plaintiff in accordance with RPAPL §1321;
4. Granting a judgment of foreclosure and sale pursuant to RPAPL §1351;
5. Appointing a referee to conduct an auction sale pursuant to applicable law;
6. Directing the distribution of the sale proceeds pursuant to RPAPL §1354;
7. Removing "John Doe" as a party defendant in this action as no tenants reside
at the property and amending the caption to reflect the removal of "John
Doe" as a party defendant; and
8. Such additional relief as the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering
papers, if any, are to be served upon the undersigned no later than seven (7) days prior to
the return date of the within motion.
DATED: December 15, 2022
Williamsville, New York
s/ Anthony J. Rooney
Anthony J. Rooney
Gross Polowy, LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Tel.: (716) 204-1700
2 of 3
FILED: SCHENECTADY COUNTY CLERK 12/16/2022 03:04 PM INDEX NO. 2021-1905
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022
LAKEVIEW LOAN SERVICING, LLC
vs.
CORISSA CASSO AND MICHAEL G. SAGE, et al.
INDEX NO. : 2021-1905
*****************************************************************************
Name and Address of Party Served Mode of Service
CORISSA CASSO Regular mail via USPS
1814 JEROME AVENUE Certified mail/RR
SCHENECTADY, NY 12306 E-mail
Notice of Electronic Filing (NYSCEF)
United Parcel Service
FedEX
MICHAEL G. SAGE Regular mail via USPS
1814 JEROME AVENUE Certified mail/RR
SCHENECTADY, NY 12306 E-mail
Notice of Electronic Filing (NYSCEF)
United Parcel Service
FedEX
3 of 3
Document Filed Date
December 16, 2022
Case Filing Date
September 15, 2021
Category
Real Property - Mortgage Foreclosure - Residential
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FILED: SCHENECTADY COUNTY CLERK 12/16/2022 03:04 PM INDEX NO. 2021-1905 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SCHENECTADY ----------------------------------------------------------------X LAKEVIEW LOAN SERVICING, LLC NOTICE OF MOTION FOR A DEFAULT JUDGMENT, ORDER OF REFERENCE, AND JUDGMENT OF FORECLOSURE AND SALE Plaintiff, vs INDEX #: 2021-1905 CORISSA CASSO, MICHAEL G. SAGE, UNITED STATES OF AMERICA ACTING MORTGAGED PREMISES: THROUGH THE SECRETARY OF HOUSING 1814 JEROME AVENUE AND URBAN DEVELOPMENT, CAPITAL SCHENECTADY, NY 12306 ONE BANK (USA), N.A. JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). ----------------------------------------------------------------X PLEASE TAKE NOTICE that, upon the affirmation of Anthony J. Rooney dated December 15 2022, the affidavit of Antoine Hurdle, sworn to December 13, 2022, the exhibits attached thereto, and all prior proceedings in this case, Plaintiff LAKEVIEW LOAN 9:30am 01/06/2023 SERVICING, LLC will move this court at ___________________ on _______________ before Honorable Mark L. Powers, at the Supreme Court of Schenectady County, 612 State Street, Schenectady, NY 12305 or as soon thereafter as the parties may be heard, for an order: 1. Granting Plaintiff’s motion for Default Judgment and Judgment of Foreclosure and Sale pursuant to Administrative Order 356/17. 2. Declaring that all non-appearing and non-answering defendants are in default pursuant to CPLR 3215; 1 of 3 FILED: SCHENECTADY COUNTY CLERK 12/16/2022 03:04 PM INDEX NO. 2021-1905 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022 3. Determining the amount due to Plaintiff in accordance with RPAPL §1321; 4. Granting a judgment of foreclosure and sale pursuant to RPAPL §1351; 5. Appointing a referee to conduct an auction sale pursuant to applicable law; 6. Directing the distribution of the sale proceeds pursuant to RPAPL §1354; 7. Removing "John Doe" as a party defendant in this action as no tenants reside at the property and amending the caption to reflect the removal of "John Doe" as a party defendant; and 8. Such additional relief as the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering papers, if any, are to be served upon the undersigned no later than seven (7) days prior to the return date of the within motion. DATED: December 15, 2022 Williamsville, New York s/ Anthony J. Rooney Anthony J. Rooney Gross Polowy, LLC Attorneys for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Tel.: (716) 204-1700 2 of 3 FILED: SCHENECTADY COUNTY CLERK 12/16/2022 03:04 PM INDEX NO. 2021-1905 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022 LAKEVIEW LOAN SERVICING, LLC vs. CORISSA CASSO AND MICHAEL G. SAGE, et al. INDEX NO. : 2021-1905 ***************************************************************************** Name and Address of Party Served Mode of Service CORISSA CASSO Regular mail via USPS 1814 JEROME AVENUE Certified mail/RR SCHENECTADY, NY 12306 E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX MICHAEL G. SAGE Regular mail via USPS 1814 JEROME AVENUE Certified mail/RR SCHENECTADY, NY 12306 E-mail Notice of Electronic Filing (NYSCEF) United Parcel Service FedEX 3 of 3