On June 25, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Wells Fargo Bank, N.A., As Trustee For Citigroup Mortgage Loan Trust, Series 2004-Opt1, Asset Backed Pass-Through Certificates,
and
Banco Popular North America,
Ellen Barasch A K A Ellen Crawford Barasch A K A Ellen Crawford,
Ellen Barasch
A K A Ellen Crawford Barasch A K A Ellen Crawford,
John Doe 1 Through 12,
John Doe
1 Through 12,
Marc Verzani,
Mark Barasch,
New York State Tax Commissioner,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
12/08/2021 01:56
12:30 PM INDEX NO. 58675/2021
61855/2015
NYSCEF DOC. NO. 54
454 RECEIVED NYSCEF: 02/13/2023
12/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-----------------------------------------------------------X
WELLS FARGO BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN Index No. 61855/2015
SERIES ASSET BACKED PASS-
TRUST, 2004-OPT1,
THROUGH CERTIFICATES, SERIES 2004-OPT1, NOTICE OF MOTION FOR
AN ORDER GRANTING
Plaintiff PLAINTIFF AN EXTENSION
OF TIME TO SERVE
-against- PURSUANT TO CPLR 306-b
MARK BARASCH,
ELLEN BARASCH,
BANCO POPULAR NORTH AMERICA,
UNITED STATES OF AMERICA INTERNAL
REVENUE SERVICE,
NYS TAX COMMISSION,
#1" #10,"
and "JOHN DOE to "JOHN DOE the last 10
names being fictitious and unknown to plaintiff, the persons
or parties intended being the persons or parties, if any,
having or claiming an interest in or lien upon the
mortgaged premises described in the complaint,
Defendants
-------------------------------------------------------X
PLEASE TAKE NOTICE that upon the Affirmation of Jamie C. Krapf, Esq. dated
December 7, 2021, with the exhibits annexed thereto, and upon all of the pleadings and
proceedings had herein, plaintiff WELLS FARGO BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPT1, ASSET
BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-OPT1 ("Plaintiff"), by and
through the undersigned counsel, will move this Court on January 5, 2022 at the Westchester
County Supreme Court, located at 111 Dr. Martin Luther King Jr. Boulevard, White Plains, New
York at 9:30 A.M., or as soon thereafter as counsel may be heard, for an Order pursuant to CPLR
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FILED: WESTCHESTER COUNTY CLERK 02/13/2023
12/08/2021 01:56
12:30 PM INDEX NO. 58675/2021
61855/2015
NYSCEF DOC. NO. 54
454 RECEIVED NYSCEF: 02/13/2023
12/08/2021
306-b, granting Plaintiff an extension of time to re-serve the Summons and Complaint and such
other and further relief as this Court deems necessary and proper.
PLEASE TAKE FURTHER NOTICE, that answering papers, if any, are to be served on
Plaintiff's counsel seven (7) days prior to the return date ofthis motion, pursuant to CPLR 2214(b).
Dated: December 7, 2021
New Rochelle, New York
McCABE, WEISBERG & CONWAY, LLC
B : .....
e C. Krapf, Esq.
Att rneys for Plaintiff
14 Huguenot Street, Suite 210
w Rochelle, New York 10801
914-636-8900
914-636-8901 facsimile
Mark Barasch
Defendant
39 Major Lockwood Lane
Pound Ridge, New York 10576
Ellen Barasch
Defendant
39 Major Lockwood Lane
Pound Ridge, New York 10576
Sarah K. Lash, Esq.
Chuhak & Tecson, P.C.
Counsel for Banco Popular North America
30 S. Wacker Drive, Suite 2600
Chicago, Illinois 60606
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FILED: WESTCHESTER COUNTY CLERK 02/13/2023
12/08/2021 01:56
12:30 PM INDEX NO. 58675/2021
61855/2015
NYSCEF DOC. NO. 54
454 RECEIVED NYSCEF: 02/13/2023
12/08/2021
Kathleen Zebrowski, Assistant U.S. Attorney
Counsel for United States of America Internal Revenue Service
86 Chambers Street
New York, New York 10007
Attorney General of the State of New York
Counsel for New York State Department of Taxation and Finance
300 Motor Parkway, Suite 205
Hauppauge, New York 11788
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Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 12/08/2021 01:56 12:30 PM INDEX NO. 58675/2021 61855/2015 NYSCEF DOC. NO. 54 454 RECEIVED NYSCEF: 02/13/2023 12/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -----------------------------------------------------------X WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN Index No. 61855/2015 SERIES ASSET BACKED PASS- TRUST, 2004-OPT1, THROUGH CERTIFICATES, SERIES 2004-OPT1, NOTICE OF MOTION FOR AN ORDER GRANTING Plaintiff PLAINTIFF AN EXTENSION OF TIME TO SERVE -against- PURSUANT TO CPLR 306-b MARK BARASCH, ELLEN BARASCH, BANCO POPULAR NORTH AMERICA, UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NYS TAX COMMISSION, #1" #10," and "JOHN DOE to "JOHN DOE the last 10 names being fictitious and unknown to plaintiff, the persons or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants -------------------------------------------------------X PLEASE TAKE NOTICE that upon the Affirmation of Jamie C. Krapf, Esq. dated December 7, 2021, with the exhibits annexed thereto, and upon all of the pleadings and proceedings had herein, plaintiff WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-OPT1 ("Plaintiff"), by and through the undersigned counsel, will move this Court on January 5, 2022 at the Westchester County Supreme Court, located at 111 Dr. Martin Luther King Jr. Boulevard, White Plains, New York at 9:30 A.M., or as soon thereafter as counsel may be heard, for an Order pursuant to CPLR 1 1 of 3 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 12/08/2021 01:56 12:30 PM INDEX NO. 58675/2021 61855/2015 NYSCEF DOC. NO. 54 454 RECEIVED NYSCEF: 02/13/2023 12/08/2021 306-b, granting Plaintiff an extension of time to re-serve the Summons and Complaint and such other and further relief as this Court deems necessary and proper. PLEASE TAKE FURTHER NOTICE, that answering papers, if any, are to be served on Plaintiff's counsel seven (7) days prior to the return date ofthis motion, pursuant to CPLR 2214(b). Dated: December 7, 2021 New Rochelle, New York McCABE, WEISBERG & CONWAY, LLC B : ..... e C. Krapf, Esq. Att rneys for Plaintiff 14 Huguenot Street, Suite 210 w Rochelle, New York 10801 914-636-8900 914-636-8901 facsimile Mark Barasch Defendant 39 Major Lockwood Lane Pound Ridge, New York 10576 Ellen Barasch Defendant 39 Major Lockwood Lane Pound Ridge, New York 10576 Sarah K. Lash, Esq. Chuhak & Tecson, P.C. Counsel for Banco Popular North America 30 S. Wacker Drive, Suite 2600 Chicago, Illinois 60606 2 2 of 3 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 12/08/2021 01:56 12:30 PM INDEX NO. 58675/2021 61855/2015 NYSCEF DOC. NO. 54 454 RECEIVED NYSCEF: 02/13/2023 12/08/2021 Kathleen Zebrowski, Assistant U.S. Attorney Counsel for United States of America Internal Revenue Service 86 Chambers Street New York, New York 10007 Attorney General of the State of New York Counsel for New York State Department of Taxation and Finance 300 Motor Parkway, Suite 205 Hauppauge, New York 11788 3 3 of 3