Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
08/17/2021 01:56
07:43 PM INDEX NO. 58675/2021
55567/2021
NYSCEF DOC. NO. 51
97 RECEIVED NYSCEF: 02/13/2023
08/17/2021
SUPREME COURT THE STATE OF NEW YORK:
COUNW OF WESTCHESTER
WELLS FARGO BANK, N.A.. AS TRUSTEE FOR
CITlGROUP MORTGAGE LOAN TRUST, AFFTDAVrT OF MAILING
SERIES 2004-OPTl, ASSET BACKED
Index No: 6l855/2015
Plaintiff.
.against- Section: 21
Block: 9816
MARK BARASCH Lot: 93
ELLEN BARASCH A/(CA ELLEN CRAWFORD
BARASCH A/K A ELLEN CRAWFORD
ELLEN BARASCH
MARC VERZAN1
BANCO POPUI.AR NORTH AMER)CA
BANCO POPULAR NORTH AMERICA
NEW YORK STATE TAX COMMISSIONER
UNITED STATES OF AMERICA INTERNA‡.
REVENUE SERVICE
NEW YORK STATE DEPARTMENT OF
TAXATION AND F FNANCE
BANCO POPULAR NORTH AMERICA
RUTH BARASCH S4L A JOHN DOE #1
NATHAN C. BARASCH S H A JOHN DOE #2
al" 410,"
and "JOHN DOE to "JOHN DOE the last
10 names bcmg fictitious and unknown to plaintiff,
the persons or parties intended being the persons or
parties. if any. having or clairnmg an mrerest in or
fien upon the rnortgaged prem ses desenbed in the
complaint..
Defendants,
___.............______..-_______.........................----------X
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
Samantha Turner, bemg duly sworn. deposes and says:
I hat 1 am not a party to the action, am over the age of 18 years and reside in Nassau
County, New York.
That on April l6. 2015, deponent served the within Notice of Discontinuance by
depositi ng a true copy thereof m a post-paid wrapper, m an official under the
depository
exclusive care and custody of the Uruted States Postal Service within the State of New York,
addressed to cach of the following persor:s at the last known address sci forth after cach rjame:
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
08/17/2021 01:56
07:43 PM INDEX NO. 58675/2021
55567/2021
NYSCEF DOC. NO. 51
97 RECEIVED NYSCEF: 02/13/2023
08/17/2021
Mark Barasch
39 Major Lockwood Lane
Pound Ridge, New York 10576
Ellen Barasch aka Ellen Crawford Barasch a/k/a Ellen Crawford
39 Major Lockwood Lane
Pound Ridge, New York 10576
Banco Popular North Arnenca
120 Broadway. 16th Floor
New York, New York 10271
Marc Verzani
11 Elena Drive
Conlandt Manor, New York 10567
New York State Tax Comnussioner
WA Haniman Campus, Building 9
Albany, New York 12227
Samantha Turner
Sworn to me on this
l6th day 9f Appl. 2015
NOTA Y PUBUC
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
08/17/2021 01:56
07:43 PM INDEX NO. 58675/2021
55567/2021
NYSCEF DOC. NO. 51
97 RECEIVED NYSCEF: 02/13/2023
08/17/2021
SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF WESTCHESTER
--------------------------------------------------------------X
WELLS FARGO BANK, NATIONAL Index No: 09-15327
ASSOCIATION, AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, SERIES 2004-OPT1, NOTICE OF DISCONTINUANCE
ASSET BACKED PASS-THROUGH
CERTIFICATES,
Block: 9816
Plaintiff. Lot: 93
-against-
MARK BARASCH
ELLEN BARASCH
BANCO POPULAR NORTH AMERICA
#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 verified complaint,
Defendants.
----------------------------------------------------------------X
By the undersigned, the attorneys of record for all the parties to the above entitled action
that whereas no party hereto is an infant or incompetent person for whom a committee has been
appointed and no person has an interest in the subject matter of the action, the above entitled
action be, and the same hereby is discontinued without prejudice, and all parties will bear their
own fees and costs associated with this action. This Notice may be filed without further notice
with the Clerk of the Court.
Dated: New Rochelle, New York
April , 2015
McCABE, WEISBERG & CONWAY, P.C.
ATÝHEW SMITH, ESQ.
Attorneys for Plaintiff
145 Huguenot St., Suite 210
New Rochelle, New York 10801
914-636-8900
914-636-8901 facsimile
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
08/17/2021 01:56
07:43 PM INDEX NO. 58675/2021
55567/2021
NYSCEF DOC. NO. 51
97 RECEIVED NYSCEF: 02/13/2023
08/17/2021
SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF WESTCHESTER
------------------- -----------------------------------X
WELLS FARGO BANK, NATIONAL Index No: 09-15327
ASSOCIATION, AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, SERIES 2004-OPT1, NOTICE CANCELING NOTICE OF
ASSET BACKED PASS-THROUGH PENDENCY
CERTIFICATES, SERIES 2004-OPT1
Plaintiff. Block: 9816
Lot: 93
-against-
MARK BARASCH
ELLEN BARASCH
BANCO POPULAR NORTH AMERICA
#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 verified
complaint,
Defendants.
----------------------------------------------------------------X
WHEREAS, no party served herein is an infant or incompetent person for whom a
committee has been appointed,
IT IS HEREBY NOTICED that:
The action be discontinued, and that the Notice of Pendency filed in the office of the Clerk of the
County of Westchester on July 8, 2009 be canceled and discharged of record.
Dated: New Rochelle, New York
April , 2015
McCABE, WEISBERG & CONWAY, P.C.
MATTHEW SMITH, ESQ.
Attorneys for Plaintiff
145 Huguenot St., Suite 210
New Rochelle, New York 10801
914-636-8900
914-636-8901 facsimile
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
08/17/2021 01:56
07:43 PM INDEX NO. 58675/2021
55567/2021
NYSCEF DOC. NO. 51
97 RECEIVED NYSCEF: 02/13/2023
08/17/2021
SUPREME COURT OF THE STATF OF NEW YORK:
COUNTY OF WESTCHESTER
-------------------------------------------------------------X
WELLS FARGO BANK, NATIONAL ASSOCIATION, Index No: 09-15327
AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN
TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-
THROUGH CERTIFICATES, SERIES 2004-OPT1
Plaintiff.
-against-
MARK BARASCH
ELLEN BARASCH
BANCO POPULAR NORTH AMERICA AFFIRMATION
#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
verified complaint,
Defendants.
-------------------------------------------------------------X
MATTHEW SMITH, pursuant to CPLR Section 2106[NYCLS] and under the penalties of
perjury affirms as follows:
1. I am an associate of the firm of.McCabe, Weisberg & Conway, P.C., the attorneys of record for
the plaintiff in the within action and as such am fully familiar with the facts of this case and the events to
date.
2. This action was instituted to foreclose a mortgage upon real property located in the within County
above encaptioned, State of New York. This affirmation is made pursuant to CPLR Section
6514(d)[NYCLS] for the purpose of cancellation of the notice of pendency of action and discontinuing
this action pursuant to notice therefor, which notice is hereto annexed.
3. All of the defendants have been duly served with the summons and complaint or have voluntarily
appeared in this action. The time for all of the defendants to appear or answer has fully expired, except as
hereinafter stated to the contrary, and none of the defendants have appeared or answered.
4. No receiver has been appointed in this action.
5. No referee has been appointed in this action.
6. No previous application has been made for the relief requested herein.
Dated: New Rochelle, New York
April -- -------
, 2015
§
MATTITEW SMITH
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
08/17/2021 01:56
07:43 PM INDEX NO. 58675/2021
55567/2021
NYSCEF DOC. NO. 51
97 RECEIVED NYSCEF: 02/13/2023
08/17/2021
Index No. 09-15327
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2004-OPT1
PLAINTIFF,
-AGAINST-
MARK BARASCH
ELLEN BARASCH
BANCO POPULAR NORTH AMElÊICA
#1" #10,"
"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 verified complaint,
DEFENDANTS.
NOTICE OF DISCONTINUANCE
..
McCABE, WEISBERG AND CONWAY, P.C.
Attorneys for PLAINTIFF
145 Huguenot St., Suite 210
New Rochelle, New York 10801
914.636.8900
914.636.8901 facsimile
======±======================
FILED: WESTCHESTER COUNTY CLERK 02/13/2023
08/17/2021 01:56
07:43 PM INDEX NO. 58675/2021
55567/2021
NYSCEF DOC. NO. 51
97 RECEIVED NYSCEF: 02/13/2023
08/17/2021
Index No. 09-15327
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2004-OPTI
PLAINTIFF,
-AGAINST-
MARK BARASCH
ELLEN BARASCH
BANCO POPULAR NORTH AMERICA
#1" #10,"
"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 verified complaint,
DEFENDANTS.
. __
NOTICE CANCELING NOTICE OF PENDENCY
McCABE, WEISBERG AND CONWAY, P.C.
Attorneys for PLAINTIFF
145 Huguenot St., Suite 210
New Rochelle, New York 10801
914.636.8900
914.636.8901 facsimile
Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 08/17/2021 01:56 07:43 PM INDEX NO. 58675/2021 55567/2021 NYSCEF DOC. NO. 51 97 RECEIVED NYSCEF: 02/13/2023 08/17/2021 SUPREME COURT THE STATE OF NEW YORK: COUNW OF WESTCHESTER WELLS FARGO BANK, N.A.. AS TRUSTEE FOR CITlGROUP MORTGAGE LOAN TRUST, AFFTDAVrT OF MAILING SERIES 2004-OPTl, ASSET BACKED Index No: 6l855/2015 Plaintiff. .against- Section: 21 Block: 9816 MARK BARASCH Lot: 93 ELLEN BARASCH A/(CA ELLEN CRAWFORD BARASCH A/K A ELLEN CRAWFORD ELLEN BARASCH MARC VERZAN1 BANCO POPUI.AR NORTH AMER)CA BANCO POPULAR NORTH AMERICA NEW YORK STATE TAX COMMISSIONER UNITED STATES OF AMERICA INTERNA‡. REVENUE SERVICE NEW YORK STATE DEPARTMENT OF TAXATION AND F FNANCE BANCO POPULAR NORTH AMERICA RUTH BARASCH S4L A JOHN DOE #1 NATHAN C. BARASCH S H A JOHN DOE #2 al" 410," and "JOHN DOE to "JOHN DOE the last 10 names bcmg fictitious and unknown to plaintiff, the persons or parties intended being the persons or parties. if any. having or clairnmg an mrerest in or fien upon the rnortgaged prem ses desenbed in the complaint.. Defendants, ___.............______..-_______.........................----------X STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) Samantha Turner, bemg duly sworn. deposes and says: I hat 1 am not a party to the action, am over the age of 18 years and reside in Nassau County, New York. That on April l6. 2015, deponent served the within Notice of Discontinuance by depositi ng a true copy thereof m a post-paid wrapper, m an official under the depository exclusive care and custody of the Uruted States Postal Service within the State of New York, addressed to cach of the following persor:s at the last known address sci forth after cach rjame: FILED: WESTCHESTER COUNTY CLERK 02/13/2023 08/17/2021 01:56 07:43 PM INDEX NO. 58675/2021 55567/2021 NYSCEF DOC. NO. 51 97 RECEIVED NYSCEF: 02/13/2023 08/17/2021 Mark Barasch 39 Major Lockwood Lane Pound Ridge, New York 10576 Ellen Barasch aka Ellen Crawford Barasch a/k/a Ellen Crawford 39 Major Lockwood Lane Pound Ridge, New York 10576 Banco Popular North Arnenca 120 Broadway. 16th Floor New York, New York 10271 Marc Verzani 11 Elena Drive Conlandt Manor, New York 10567 New York State Tax Comnussioner WA Haniman Campus, Building 9 Albany, New York 12227 Samantha Turner Sworn to me on this l6th day 9f Appl. 2015 NOTA Y PUBUC FILED: WESTCHESTER COUNTY CLERK 02/13/2023 08/17/2021 01:56 07:43 PM INDEX NO. 58675/2021 55567/2021 NYSCEF DOC. NO. 51 97 RECEIVED NYSCEF: 02/13/2023 08/17/2021 SUPREME COURT THE STATE OF NEW YORK: COUNTY OF WESTCHESTER --------------------------------------------------------------X WELLS FARGO BANK, NATIONAL Index No: 09-15327 ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPT1, NOTICE OF DISCONTINUANCE ASSET BACKED PASS-THROUGH CERTIFICATES, Block: 9816 Plaintiff. Lot: 93 -against- MARK BARASCH ELLEN BARASCH BANCO POPULAR NORTH AMERICA #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 verified complaint, Defendants. ----------------------------------------------------------------X By the undersigned, the attorneys of record for all the parties to the above entitled action that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued without prejudice, and all parties will bear their own fees and costs associated with this action. This Notice may be filed without further notice with the Clerk of the Court. Dated: New Rochelle, New York April , 2015 McCABE, WEISBERG & CONWAY, P.C. ATÝHEW SMITH, ESQ. Attorneys for Plaintiff 145 Huguenot St., Suite 210 New Rochelle, New York 10801 914-636-8900 914-636-8901 facsimile FILED: WESTCHESTER COUNTY CLERK 02/13/2023 08/17/2021 01:56 07:43 PM INDEX NO. 58675/2021 55567/2021 NYSCEF DOC. NO. 51 97 RECEIVED NYSCEF: 02/13/2023 08/17/2021 SUPREME COURT THE STATE OF NEW YORK: COUNTY OF WESTCHESTER ------------------- -----------------------------------X WELLS FARGO BANK, NATIONAL Index No: 09-15327 ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPT1, NOTICE CANCELING NOTICE OF ASSET BACKED PASS-THROUGH PENDENCY CERTIFICATES, SERIES 2004-OPT1 Plaintiff. Block: 9816 Lot: 93 -against- MARK BARASCH ELLEN BARASCH BANCO POPULAR NORTH AMERICA #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 verified complaint, Defendants. ----------------------------------------------------------------X WHEREAS, no party served herein is an infant or incompetent person for whom a committee has been appointed, IT IS HEREBY NOTICED that: The action be discontinued, and that the Notice of Pendency filed in the office of the Clerk of the County of Westchester on July 8, 2009 be canceled and discharged of record. Dated: New Rochelle, New York April , 2015 McCABE, WEISBERG & CONWAY, P.C. MATTHEW SMITH, ESQ. Attorneys for Plaintiff 145 Huguenot St., Suite 210 New Rochelle, New York 10801 914-636-8900 914-636-8901 facsimile FILED: WESTCHESTER COUNTY CLERK 02/13/2023 08/17/2021 01:56 07:43 PM INDEX NO. 58675/2021 55567/2021 NYSCEF DOC. NO. 51 97 RECEIVED NYSCEF: 02/13/2023 08/17/2021 SUPREME COURT OF THE STATF OF NEW YORK: COUNTY OF WESTCHESTER -------------------------------------------------------------X WELLS FARGO BANK, NATIONAL ASSOCIATION, Index No: 09-15327 AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPT1, ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-OPT1 Plaintiff. -against- MARK BARASCH ELLEN BARASCH BANCO POPULAR NORTH AMERICA AFFIRMATION #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 verified complaint, Defendants. -------------------------------------------------------------X MATTHEW SMITH, pursuant to CPLR Section 2106[NYCLS] and under the penalties of perjury affirms as follows: 1. I am an associate of the firm of.McCabe, Weisberg & Conway, P.C., the attorneys of record for the plaintiff in the within action and as such am fully familiar with the facts of this case and the events to date. 2. This action was instituted to foreclose a mortgage upon real property located in the within County above encaptioned, State of New York. This affirmation is made pursuant to CPLR Section 6514(d)[NYCLS] for the purpose of cancellation of the notice of pendency of action and discontinuing this action pursuant to notice therefor, which notice is hereto annexed. 3. All of the defendants have been duly served with the summons and complaint or have voluntarily appeared in this action. The time for all of the defendants to appear or answer has fully expired, except as hereinafter stated to the contrary, and none of the defendants have appeared or answered. 4. No receiver has been appointed in this action. 5. No referee has been appointed in this action. 6. No previous application has been made for the relief requested herein. Dated: New Rochelle, New York April -- ------- , 2015 § MATTITEW SMITH FILED: WESTCHESTER COUNTY CLERK 02/13/2023 08/17/2021 01:56 07:43 PM INDEX NO. 58675/2021 55567/2021 NYSCEF DOC. NO. 51 97 RECEIVED NYSCEF: 02/13/2023 08/17/2021 Index No. 09-15327 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-OPT1 PLAINTIFF, -AGAINST- MARK BARASCH ELLEN BARASCH BANCO POPULAR NORTH AMElÊICA #1" #10," "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 verified complaint, DEFENDANTS. NOTICE OF DISCONTINUANCE .. McCABE, WEISBERG AND CONWAY, P.C. Attorneys for PLAINTIFF 145 Huguenot St., Suite 210 New Rochelle, New York 10801 914.636.8900 914.636.8901 facsimile ======±====================== FILED: WESTCHESTER COUNTY CLERK 02/13/2023 08/17/2021 01:56 07:43 PM INDEX NO. 58675/2021 55567/2021 NYSCEF DOC. NO. 51 97 RECEIVED NYSCEF: 02/13/2023 08/17/2021 Index No. 09-15327 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-OPT1, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-OPTI PLAINTIFF, -AGAINST- MARK BARASCH ELLEN BARASCH BANCO POPULAR NORTH AMERICA #1" #10," "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 verified complaint, DEFENDANTS. . __ NOTICE CANCELING NOTICE OF PENDENCY McCABE, WEISBERG AND CONWAY, P.C. Attorneys for PLAINTIFF 145 Huguenot St., Suite 210 New Rochelle, New York 10801 914.636.8900 914.636.8901 facsimile