Preview
FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
NEWREZ LLC, F/K/A NEW PENN FINANCIAL, LLC INDEX NO. 2018/0104
D/B/A SHELLPOINT MORTGAOE SERVICING,
LETTER APPIJCATION TO
PlainlitY, CONVERT-P_ENDING
vs. ACTION TO FoFILING
MICHAEL S, MILLER; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE;
ANTHONY BUSKEY; DALE BUSKEY,,
#1" #12,"
'John Doe through "John Doc the tast twelve
itames being lictitious and imknown to plaintiff, the
penons or parties intended the tenants, occupants,
being
persons, or corporations, if any, having or claiming
interest in or lien upon the premises, described in the
complaint,
Defendanis.
I, Nadine D. Smith, Esq. of Robertson, Anschutz, Schneid, Crane & PHtners, PLLC,
counsel in good standing representing a party in this matter, hereby respectfully request that the
Comt ashorim the use of the New York State Courts Electmnic Filing System ("NYSCEF") in
this case and direct the Clerk to convert this matter to electronic form pursuam to
County
202.5-b(bX2Xiv) ofthe Uniform Rules ofthe Trial Cnuris.
Pursuant to 202,5-b(bX2Xiv), 1 have attached pmofof service of this 1citor application to
pil parties. Upon receipt of notification of the conwrsion of this matter to cIcetmnic form by the
county Clerk, I will serve all parties with a notke of comrrsiom.tp e4)ng form and will file
proof ef thal service via NYSCEF.
Dated: January 5, 2023
Nadine D. Smith, Esq.
Robertson, Anschutz. Schneid, Cmne & Partners, PLLC
Attorneys for Platntif
900 Merchants Concourse, Suite 310
Westbury, New York 11590
Tel: (516) 280.7675
Email: N_Y_Efijearas4.corn
IlllIllDIIAIMlEIIIIIIII IIIIIllillilmillEIRIllNII EIIAMIMIINIEglA
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FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023
FOR COURT USE:
] applicanon is APPROVED; and the County Ckrk is directed to convert this mutEar to
cicetronic form.
(O) application is E_OO[ APPROVED, is directed to the
notify
applicant.
February 1, 2023
Dated:
.
Hon. Allison M. McGahay
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FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
NEWREZ LLC, F/K/A NEW PENN LLC INDEX NO. 2018/0104
FINANCIAL,
DiRIA SIlELLPOINT MORTGAGE SERVICING.
PlainiitT, AFFIRMATION
vs. OF SERECE
MICHAEL S. MILLER; NEW YORK 5TATE
DEPARTMENT OF TAXATION AND FINANCE:
ANTHONY BL1SKEY; DALE BUSKEY,,
hi' #i2,"
"John Due through ".iohn Doe Ehe hast iwe]ve
names being fictitious und unknown to plaintiff. the
persons or parties intended being the genants. occupants,
persons, or emperations, if uny, having or claiming
intemst in or lien upon the premises, described in the
complaint,
Defendanis.
Nadinc D. Smith, Esq., an attomey duly admitted to pmctice law before the Courts of the
$1ate of New York, affirms under the penalty of pedury;
1- I am an associate with the law Srm of Robertson. Anschutz, Schneid, Cmne &
Partners, PLLC ("RAS"), altomeys for the Plaintiff, in this foreclosure action. In my capacity as
RAS'
nÀ associate of RAS, t have mecess go business meonis, including alic records of mailings
associal.ed with the above captioned case ("Mailing Remirds").
2. I make this affirmation based upon my review of the Mailing Record.s und from
my own personal knowledge of how they are kept and maintained. The Mulling Records are (i)
created by RAS in the ordinary course of its business: (ii) ure inade us or about the time of the
mailings; (iii) by a person with actual knowledge of the mailings, or frum information
tidn5mitted by B person with actual krowledge of the mailings: (iv) and it is the ordinary course
ofbusiness for RAS to keep and maintain such Mailing Records.
18-234526 - DrG
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FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023
3. The Mailing Records include a emnputer generated record of mailings for cach
'
ease emisled the "Document Send Ong mstory when any documents associated with a ca.se are
served by mail to a party, un entry is mmic in the DocHnent Send Out History indicating what
was maild the date of mailing, and the name and address to which the mail was sent. The
relevant portion of the Document Send out Hision for the above captioned case is nÀnexed
hereto as Exhiha "A". I personally reviewed the Document Serid Out History and confinned
"A"
that Exhibit is a inic and accurale pringout of the Iclevant portion of the Docurnent Send Out
History. The emries in the DueHrient Semi Out History were (i)created in ghcordinary courscof
business; (ii) made al or about the time of the mailings; (iii) by a person with actual knowledge
of the mailings, or from information transmitted by a person with actuni knowledge of the
mailings; (iv) and it is the ordinary course of husiness fur RAS to keep and mainluin such
Mailing Records.
4. My review of the DocumenI Send Out History reveals thu1 on January 18, 20U n
copy of the Letter Application to Convert Pending Action to E-Filing wus served upon the
following parties by depositing a true copy ofsame enclosed in a post-paid wrapper, addressed 10
the address designated for the service of papers or to the inst known address if no such address
has been so designat4 in n post office-ofticial depository under the exclusive care and custody
of the United States Postal Serviccas follows:
MICHAEL S. MILLER
259 STATfi ROLrTE 374
CADYVILLE, NY 12918
NEW YORK STATE DEPARTNIENT OF TAXATION AND FINANCE
W.A. HARRINAN STATE CAMPUS, BUILDING 9
ALBANY, NY 12227
(8-234526 - DrG
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FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023
#1"
ANTHONY B1JSKEY SH A "JOHN DOE
259STATE ROUTE 374 A/K/A 259 ROUTE 374
CADYV1LLE, NY 12918
#2"
DALE BUSKEY S·‰/A "JOHN DOE
259 STATE ROUTE 347 A%/A 259 ROUTE 374
CADYVlLLE, NY I2918
Datal: January 18, 2023
Robertson, Anschuu, Selmeid,
C rane & Partnep
Naline D. smith, Esq.
ROBERTSON, ANSCHUT2, SCIINElD,
CRANE & PARTNERS, PLLC
Attumey for Plaintiff
900 Merchants Conumm Suite 310
Westbury, NY 11590
Telephone: $16-280-767$
18-234526 - DrG
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FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023
EXHIBIT A
18-234526 - DKi
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FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023
send ot Date Sent 0u1 Defendaru Aû!rew Noin
Tsit
M i]ed t LLet Appfica1ion I:15 2023 DALE BU5KEY 259 5TA FE hena Wele $csi:
o Caw-rt io E- 13:41 S.4liA "JOHN DOE ROUTE 347 A/K'A 0u1 Lty Mall Gri
filing tr 259 ROLTE374, Date: I 15·2013
CADYVILLL NY 2·0146 PM
Makd Islier Application 1,170023 ANTIiONY 259 5fiTE . ]1cms Were Sent
to Conven r.n E. 2$ $2 BUsKLY 5/H'A ROUTF 374 AKiA Oug By Matl On
st" 250 ROUTE374.
flhap "JOHN DOE Dale. 1.]z?û2.3
CADYVFLLE NY 10:0]:40 A.M
12918
Malled clier Appl e 1son .'l7/2t123 NEW YORK STATE W A HAK RIMAN Emm Wuc Sent
lo Ovwers ga E- 15:52 DEPARTMENT OF SIA]E · Chi
CAMPUS,. By Mzil On
filing TAXATl0N ANf} LIUILDIM) 9, Dat: I/18.·2023
F]NANCE ALBANY NY 1.0:0t;01 AM
MaE[td lxiter App]kation 171772013 MICHAEl.5. 259 5TATE ]ielia Wcce Sen1
to Conven to E· 13:$2 MILL1jn ROUTE 374., Out By Matl On
flling CADYVIl-L.E NY Da.1e: ]i1R0023
'
I2918 10.00:24 AM
B-234526 - DrG
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FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023
index N 2018/0I04
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
NEWREZ LLC, F!K/A NEW PENN FINANCIAL LLC
D®A SHEU.POINT MORTGAGE SERVICING,
PImintitY.
vs.
MICHAEL S. MII.I.ER; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE;
ANTHONY BUSKEY. DALE BUSKEW
#I" #12,"
*John Doc thmugh "Jolm Doc the Inst twche
numes bcIng tictitious and unknown to plaintiff. the persons
or panics intended being the tenants, occupants. per×ms, or
corporations, if any, having or cImimmg interest in ur lien
upon the premises, described in the complaint.
Defendants.
AFFIRMATION OF SERVICE
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PI.LC
Attomeys for PlaintitT
900 Merchants Concourse, Suite 310
Westbury, NY I1590
S16-2804675
18-234526 - DrG
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Preview
FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON NEWREZ LLC, F/K/A NEW PENN FINANCIAL, LLC INDEX NO. 2018/0104 D/B/A SHELLPOINT MORTGAOE SERVICING, LETTER APPIJCATION TO PlainlitY, CONVERT-P_ENDING vs. ACTION TO FoFILING MICHAEL S, MILLER; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; ANTHONY BUSKEY; DALE BUSKEY,, #1" #12," 'John Doe through "John Doc the tast twelve itames being lictitious and imknown to plaintiff, the penons or parties intended the tenants, occupants, being persons, or corporations, if any, having or claiming interest in or lien upon the premises, described in the complaint, Defendanis. I, Nadine D. Smith, Esq. of Robertson, Anschutz, Schneid, Crane & PHtners, PLLC, counsel in good standing representing a party in this matter, hereby respectfully request that the Comt ashorim the use of the New York State Courts Electmnic Filing System ("NYSCEF") in this case and direct the Clerk to convert this matter to electronic form pursuam to County 202.5-b(bX2Xiv) ofthe Uniform Rules ofthe Trial Cnuris. Pursuant to 202,5-b(bX2Xiv), 1 have attached pmofof service of this 1citor application to pil parties. Upon receipt of notification of the conwrsion of this matter to cIcetmnic form by the county Clerk, I will serve all parties with a notke of comrrsiom.tp e4)ng form and will file proof ef thal service via NYSCEF. Dated: January 5, 2023 Nadine D. Smith, Esq. Robertson, Anschutz. Schneid, Cmne & Partners, PLLC Attorneys for Platntif 900 Merchants Concourse, Suite 310 Westbury, New York 11590 Tel: (516) 280.7675 Email: N_Y_Efijearas4.corn IlllIllDIIAIMlEIIIIIIII IIIIIllillilmillEIRIllNII EIIAMIMIINIEglA 1 of 8 FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023 FOR COURT USE: ] applicanon is APPROVED; and the County Ckrk is directed to convert this mutEar to cicetronic form. (O) application is E_OO[ APPROVED, is directed to the notify applicant. February 1, 2023 Dated: . Hon. Allison M. McGahay 2 of 8 FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON NEWREZ LLC, F/K/A NEW PENN LLC INDEX NO. 2018/0104 FINANCIAL, DiRIA SIlELLPOINT MORTGAGE SERVICING. PlainiitT, AFFIRMATION vs. OF SERECE MICHAEL S. MILLER; NEW YORK 5TATE DEPARTMENT OF TAXATION AND FINANCE: ANTHONY BL1SKEY; DALE BUSKEY,, hi' #i2," "John Due through ".iohn Doe Ehe hast iwe]ve names being fictitious und unknown to plaintiff. the persons or parties intended being the genants. occupants, persons, or emperations, if uny, having or claiming intemst in or lien upon the premises, described in the complaint, Defendanis. Nadinc D. Smith, Esq., an attomey duly admitted to pmctice law before the Courts of the $1ate of New York, affirms under the penalty of pedury; 1- I am an associate with the law Srm of Robertson. Anschutz, Schneid, Cmne & Partners, PLLC ("RAS"), altomeys for the Plaintiff, in this foreclosure action. In my capacity as RAS' nÀ associate of RAS, t have mecess go business meonis, including alic records of mailings associal.ed with the above captioned case ("Mailing Remirds"). 2. I make this affirmation based upon my review of the Mailing Record.s und from my own personal knowledge of how they are kept and maintained. The Mulling Records are (i) created by RAS in the ordinary course of its business: (ii) ure inade us or about the time of the mailings; (iii) by a person with actual knowledge of the mailings, or frum information tidn5mitted by B person with actual krowledge of the mailings: (iv) and it is the ordinary course ofbusiness for RAS to keep and maintain such Mailing Records. 18-234526 - DrG 3 of 8 FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023 3. The Mailing Records include a emnputer generated record of mailings for cach ' ease emisled the "Document Send Ong mstory when any documents associated with a ca.se are served by mail to a party, un entry is mmic in the DocHnent Send Out History indicating what was maild the date of mailing, and the name and address to which the mail was sent. The relevant portion of the Document Send out Hision for the above captioned case is nÀnexed hereto as Exhiha "A". I personally reviewed the Document Serid Out History and confinned "A" that Exhibit is a inic and accurale pringout of the Iclevant portion of the Docurnent Send Out History. The emries in the DueHrient Semi Out History were (i)created in ghcordinary courscof business; (ii) made al or about the time of the mailings; (iii) by a person with actual knowledge of the mailings, or from information transmitted by a person with actuni knowledge of the mailings; (iv) and it is the ordinary course of husiness fur RAS to keep and mainluin such Mailing Records. 4. My review of the DocumenI Send Out History reveals thu1 on January 18, 20U n copy of the Letter Application to Convert Pending Action to E-Filing wus served upon the following parties by depositing a true copy ofsame enclosed in a post-paid wrapper, addressed 10 the address designated for the service of papers or to the inst known address if no such address has been so designat4 in n post office-ofticial depository under the exclusive care and custody of the United States Postal Serviccas follows: MICHAEL S. MILLER 259 STATfi ROLrTE 374 CADYVILLE, NY 12918 NEW YORK STATE DEPARTNIENT OF TAXATION AND FINANCE W.A. HARRINAN STATE CAMPUS, BUILDING 9 ALBANY, NY 12227 (8-234526 - DrG 4 of 8 FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023 #1" ANTHONY B1JSKEY SH A "JOHN DOE 259STATE ROUTE 374 A/K/A 259 ROUTE 374 CADYV1LLE, NY 12918 #2" DALE BUSKEY S·‰/A "JOHN DOE 259 STATE ROUTE 347 A%/A 259 ROUTE 374 CADYVlLLE, NY I2918 Datal: January 18, 2023 Robertson, Anschuu, Selmeid, C rane & Partnep Naline D. smith, Esq. ROBERTSON, ANSCHUT2, SCIINElD, CRANE & PARTNERS, PLLC Attumey for Plaintiff 900 Merchants Conumm Suite 310 Westbury, NY 11590 Telephone: $16-280-767$ 18-234526 - DrG 5 of 8 FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023 EXHIBIT A 18-234526 - DKi 6 of 8 FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023 send ot Date Sent 0u1 Defendaru Aû!rew Noin Tsit M i]ed t LLet Appfica1ion I:15 2023 DALE BU5KEY 259 5TA FE hena Wele $csi: o Caw-rt io E- 13:41 S.4liA "JOHN DOE ROUTE 347 A/K'A 0u1 Lty Mall Gri filing tr 259 ROLTE374, Date: I 15·2013 CADYVILLL NY 2·0146 PM Makd Islier Application 1,170023 ANTIiONY 259 5fiTE . ]1cms Were Sent to Conven r.n E. 2$ $2 BUsKLY 5/H'A ROUTF 374 AKiA Oug By Matl On st" 250 ROUTE374. flhap "JOHN DOE Dale. 1.]z?û2.3 CADYVFLLE NY 10:0]:40 A.M 12918 Malled clier Appl e 1son .'l7/2t123 NEW YORK STATE W A HAK RIMAN Emm Wuc Sent lo Ovwers ga E- 15:52 DEPARTMENT OF SIA]E · Chi CAMPUS,. By Mzil On filing TAXATl0N ANf} LIUILDIM) 9, Dat: I/18.·2023 F]NANCE ALBANY NY 1.0:0t;01 AM MaE[td lxiter App]kation 171772013 MICHAEl.5. 259 5TATE ]ielia Wcce Sen1 to Conven to E· 13:$2 MILL1jn ROUTE 374., Out By Matl On flling CADYVIl-L.E NY Da.1e: ]i1R0023 ' I2918 10.00:24 AM B-234526 - DrG 7 of 8 FILED: CLINTON COUNTY CLERK 02/15/2023 05:51 PM INDEX NO. 2018-00000104 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2023 index N 2018/0I04 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON NEWREZ LLC, F!K/A NEW PENN FINANCIAL LLC D®A SHEU.POINT MORTGAGE SERVICING, PImintitY. vs. MICHAEL S. MII.I.ER; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; ANTHONY BUSKEY. DALE BUSKEW #I" #12," *John Doc thmugh "Jolm Doc the Inst twche numes bcIng tictitious and unknown to plaintiff. the persons or panics intended being the tenants, occupants. per×ms, or corporations, if any, having or cImimmg interest in ur lien upon the premises, described in the complaint. Defendants. AFFIRMATION OF SERVICE ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PI.LC Attomeys for PlaintitT 900 Merchants Concourse, Suite 310 Westbury, NY I1590 S16-2804675 18-234526 - DrG 8 of 8