Preview
1
At I.A.S. Part of the
Supreme Court of the State of
New York, held in and for the
County therefore, 60 Centre
Street, New York, N.Y., on the
, day of
20 .
PRESENT: HON.
Justice of the Supreme Court
_________-__________________________-______________________________---________Ç
LAVERNE M. LEONARD aka LAVERNE LEONARD
Index Number
Plaintiff(s)
-
against -
152110/2023
ORDER TO SHOW
WOODS OVIATT GILMAN LLP et al WITH T.R.O.
PURCHASER(S) JOHN DOE & JANE DOE IN CIVIL ACTION
______________________________________________________________________________x
Upon reading and filing
the affidavit(s) of
LAVERNE M. LEONARD a/k/a LAVERNE LEONARD, sworn to on MARCH 9, 2023,
and upon the exhibits attached to the affidavit,
Exhibit A- 1. Evidence of the withdrawal (NYSCEF Doc. No. of the foreclosure action
1)
by HSBC on or about May 2, 2014. 2. Evidence the defendants pursued the foreclosure
action in 2015 after it was withdrawn in 2014. 3. Assignment of Mortgage evidence shows
Plaintiff mortgage was not assigned to HSBC, and defendants lacked standing to
foreclosure. 4.Evidence shows the defendants committed perjury when they filed a motion
to auction Plaintiff's property because attorney Stuart Frame, Esq was NOT an associate
ORDER TO SHOW CAUSE
LAVERNE M. LEONARD V. WOODS OVIATT GllMAN LLP ET AL.
INDEX 152110/2023
2
of the defendant law firm, as he claimed in his Notice of Motion to Extend Time to Conduct
Sale and affirmation on 04/06/2022. 5. Evidence attorney Stuart P. Frame, Esq committed
perjury confirmed by David Wildermuth, Esq in his REPLY AFFIRMATION, because
Stuart P. Frame was not registered with the defendant at the time, he filed the motion on
April 6, 2022. 6. New York Unified Court System evidence attorney Stuart P. Frame, Esq
was not registered with the defendant on April 8, 2022, at the he made the claim in the
motion to extend time to conduct sale of Plaintiff's property on April 6, 2022. 7. Evidence
that HSBC was not entitled to order to extend time to conduct sale in
2022, because
ACRIS.qov shows (CRFN 2007000059549) Wells Fargo assigned Plaintiff's mortqaqe iI
her name to Nomura Credit Capital Inc on February 14, 2014. (CRFN 2014000066833).
Exhibit -B 8. Evidence that the first foreclosure action (index 109372/2008) is still
pending on the court docket and was past the statute of limitations in
2014, when
defendants obtained judgment in 2010. First and second foreclosure action indexes
109372/2008 and 810093/2010 -
Notice of Sale is illegal because they were simultaneous
action for the same allege debt on the same property pursuant to NY RPAPL Section
1301(3). Exhibit - C Evidence of the of the first foreclosure action (index
filing pending
109372/2008) on July 6, 2008, was acceleration of an allege debt subjected to the six
year statute of limitation (NY CPLR Section 213(2)(8), which expired on July 8, 2014, proof
defendants were NOT entitled to a judgment (Notice of Sale) in 2019 and 2022. 10. Letter
evidence of a claim of default on March 1, 2008, defendants did not pursue foreclosure
action until on or about August 12, 2015, past the statute of limitations and subject to
abandonment in violation of NY CPLR Section's 3215(c) and NY CPLR Section 213(2)(8).
Proof of abandonment, because defendants invoice shows defendants activity in their
ORDER TO SHOW CAUSE
LAVERNE M. LEONARD V. WOODS OVIATT GILMAN LLP ET AL.
INDEX 152110/2023
3
"08/26/2015"
pursuit in as of and foreclosure was filed on November 23, 2010. 11.
Summons evidence shows the allege debt supposedly owned on March 1, 2008, but the
foreclosure action was NOT filed until November 23, 2010, in violation of NY CPLR
Section and NY CPLR Section 213(1)(2)(4). Exhibit - D 12. Verified Answer
3215(c),
evidence of identity theft by defense attorney drafted and served before Plaintiff executed
"Verification"
a retainer agreement with them. Follow pages page dated December 17,
2010, shows Plaintiff did not consent to the verified answer in 2010. Next page shows the
date Plaintiff executed the retainer agreement with Jon B. Felice and Associates, P.C. on
December 22, 2010. 13. Evidence copy of email between Plaintiff and defense
attorney
showing Jon B. Felice, Esq concealed foreclosure files from Plaintiff until on or about
December 4, 2019, after the defendants obtained and filed the Judgment of Foreclosure
and Sale on April 2019 and Notice of Sale filed on June 2019. Exhibit- E 14.
29, 13,
Evidence the defendants used a forgery of Plaintiff's name filed in state and federal courts
to obtain favorable judgments. Exhibit-F 15. Shows a copy of defendants Notice of Sale,
which was without probable cause (NY CPLR Section 215(3), because the assignment
of mortgage exonerates Plaintiffs mortgage not being assigned to HSBC. 16. NYS Dept
of State shows the entity
on defendants Notice of Sale does not exist and a copy of the
email from NYS DFS shows entity on Notice of Sale does not exist.
17, NYS Dept of State
"Trust"
shows permission from the NYS DFS was needed before wording such as
"Acceptance" "Mortgaqe"
and was included in the entity on Notice of Sale. NYS DFS has
no information of the entity
on Notice of Sale filed on February 1,
2023. 18. Evidence of
the fictitious entity not recognized by the NYS Dept of State or NYS DFS was used in
indexes 109372/2008 and 810093/2010. 19. Shows the fictitious entity on the assignment
ORDER TO SHOW CAUSE
LAVERNE M. LEONARD V. WOODS OVIATT GlLMAN LLP ET AL.
INDEX 152110/2023
4
of mortgage dated July 3,
2008. 20. Pages shows the U.S. Attorney's Office SDNY
assignment of mortgage was prohibited based on a settlement agreement as of October
6, 2011, before the defendants used the assignment of mortgage to obtain a Notice of
Sale in 2019, 2022 and was prohibited before defendants filed it on February 1, 2023,
pursuant to NY Penal Law Section 195.00, and NY Penal Law Section 195.05. 21.
Evidence of a press release from the New York State Attorney General sanctions the
creator of the assignment of mortgage, Steven J. Baum P.C. and Pillar
Processing LLC.
Exhibit-G 22. Evidence that Plaintiff's defense attorney was an employee of Wells Farqo
at the time he represented Plaintiff in foreclosure action index 810093/2010 involving
Wells Farqo. Evidence Jon B. Felice, Esq registered a realty holding company less than
a month after Plaintiff purchase her property. The exhibit reflects when Plaintiff
purchased her property on October 24, 2003. Felice
realty holding corp was registered
on November 5,
2003. 23. Evidence of defense attorney Jon B. Felice, Esq collusion with
FBI agent Marianne Spraqqins and Andrew M. Cuomo in
acquiring Plaintiff's Westchester
County New York property by fraud, and identity theft, under the color of law pursuant to
Title 18, Section 242 pursuant to New York Penal Law Section 190.77(1) and New York
Penal Law Section 190.78(1). Verification page shows Plaintiff did not see verified answer
in 2008. Evidence also of defendants and defense and political cohorts using law
enforcement to extort Plaintiff. 24. Shows Press releases from Justice Department of
HSBC Anti-Money Laundering and Wells Fargo identity theft and fraud dated December
11, 2012, and February 21, 2020.
ORDER TO SHOW CAUSE
LAVERNE M. LEONARD V. WOODS OVIATT GILMAN LLP ET AL.
INDEX 152110/2023
5
Let the party or attorney in opposition show cause at I.A.S. Part ,
Room
,
of this Court, to be held at the Courthouse, 60 Centre Street, New York, N.Y., on the
day of , 20_ __ at o'clock in the noon or as soon
as such party or attorney may be heard why an order should not be made, providing the
relief:
following
Plaintiff is
requesting a temporary restraining order on a Notice of Sale filed on
February 1, 2023 (NYSCEF Doc. No. 326) index 810093/2010) until such time a court
decision is entered in civil actions indexes 157993/2022 and 160102/2022 legal
malpractice cases. Defendants are attempting to auction Plaintiff's property
starting March 1, 2023, before a decision has been made in those civil actions.
Plaintiff would be irreparably harmed without a Temporary Restraining Order
because the property is her primary residence, and she has been residing there
since on or about October 24, 2003.
Plaintiff is
challenging the Notice of Sale in civil actions indexes 157993/2022 and
160102/2022, because it was obtained by fraud, and identity theft among other
reasons, pursuant to New York Penal Law Section 190.77(1) and New York Penal
Law Section 190.78(1), NY Penal Law Section 190.79(1) and NY Penal Law Section
175.35, Title 18, Section 242 pursuant to New York Penal Law Section 190.77(11and
New York Penal Law Section 190.78(1), NY CPLR Section 213(2)(8).
ORDER TO SHOW CAUSE
LAVERNE M. LEONARD V. WOODS OVIATT GlLMAN LLP ET AL.
INDEX 152110/2023
6
For the reasons Plaintiff should be granted a order and vacatur of
temporary restraining
the Notice of sale filed on February 1, 2023 (NYSCEF Doc. No. 326 Index 810093/2010)
pursuant to,
1.The New York Civil Rights Law Sections 50(c) and 51.
2. New York Penal Law Section 190.77(1).
3. New York Penal Law Section 190.78(1).
4. New York Penal Law Section 190.79(1)(2).
5. New York Real Property RPAPL Section 1301(3), New York One-Action Rule
6. General Business Law -GBS Section 130(1)(a)(b)(2)(a)(c).
7. Business Corporation Law of New York section 301(a)(5)(B).
8. NY CPLR Section 5601(b),
-
Right to Appeal -
Constitutional grounds.
5701(a)-
9. NY CPLR Section Right to Appeal.
10. NY CPLR Section - Right to Appeal - limitation.
5513(a) 30-day
11. NY CPLR Section 213(1)(2)(4) Six (6) Year Statute of Limitations.
12. Title Section 242 - Deprivation of Rights
18, U.S.C.,
13. Chapter 68 of the New York City Charter Section 2604(3)
14. Section 120.01 of the Joint Rules of the Appellate Division 22 NYCRR section 1210.11
15. NY Penal Law Section 210.35(a)(b)(c)
-
Perjury
16. NY Penal Law Section 210. 05 -
Perjury
17. NY Penal Law Section 175.35
18.. NY Penal Law Section 175.30
19. New York Privacy Act
20. Section - Deprivation of Rights Failure to Intervene
8-803(a)
ORDER TO SHOW CAUSE
LAVERNE M. LEONARD V. WOODS OVIATT GlLMAN LLP ET AL.
INDEX 152110/2023
7
21. Section
- Deprivation of Rights Competent Jurisdiction
8-803(c)
22. Section - Private Right of Action
8-805(1)(2)(3)(b) Relief,
23. Section 8-806 - 3 Year Statute of Limitations
24. NY CPLR Section - Abandonment
3215(c)
25. NY CPLR Section
- undue breach
3016(b)(h) Fraud, Misrepresentation, influence, of
trust etc.
NY Penal Law Section 195.00
-
26. Official Misconduct
27. NY Penal Law Section 195.05 - Obstruction of Government Administration
28. NY CPLR Section 312-a - Process Service Mail
by
29. NY CPLR Section - Amendment without Leave of Court
3025(a)
30. NY CPLR Section - action for fraud within six years reasonable
213(8) (6) discovery
31. NY CPLR Section 213(1)(2)- action for fraud/contractual obligation within six years
32. NY CPLR Section 214(2)(6) within 3 years malpractice
33. RPAPL Section - Stale Lien
1501(4) (expunge)
34. New York Law Section 487 - Sanction
Judiciary Attorney
35. NY CPLR Section - Relief from Judgment or Order
Preview
1 At I.A.S. Part of the Supreme Court of the State of New York, held in and for the County therefore, 60 Centre Street, New York, N.Y., on the , day of 20 . PRESENT: HON. Justice of the Supreme Court _________-__________________________-______________________________---________Ç LAVERNE M. LEONARD aka LAVERNE LEONARD Index Number Plaintiff(s) - against - 152110/2023 ORDER TO SHOW WOODS OVIATT GILMAN LLP et al WITH T.R.O. PURCHASER(S) JOHN DOE & JANE DOE IN CIVIL ACTION ______________________________________________________________________________x Upon reading and filing the affidavit(s) of LAVERNE M. LEONARD a/k/a LAVERNE LEONARD, sworn to on MARCH 9, 2023, and upon the exhibits attached to the affidavit, Exhibit A- 1. Evidence of the withdrawal (NYSCEF Doc. No. of the foreclosure action 1) by HSBC on or about May 2, 2014. 2. Evidence the defendants pursued the foreclosure action in 2015 after it was withdrawn in 2014. 3. Assignment of Mortgage evidence shows Plaintiff mortgage was not assigned to HSBC, and defendants lacked standing to foreclosure. 4.Evidence shows the defendants committed perjury when they filed a motion to auction Plaintiff's property because attorney Stuart Frame, Esq was NOT an associate ORDER TO SHOW CAUSE LAVERNE M. LEONARD V. WOODS OVIATT GllMAN LLP ET AL. INDEX 152110/2023 2 of the defendant law firm, as he claimed in his Notice of Motion to Extend Time to Conduct Sale and affirmation on 04/06/2022. 5. Evidence attorney Stuart P. Frame, Esq committed perjury confirmed by David Wildermuth, Esq in his REPLY AFFIRMATION, because Stuart P. Frame was not registered with the defendant at the time, he filed the motion on April 6, 2022. 6. New York Unified Court System evidence attorney Stuart P. Frame, Esq was not registered with the defendant on April 8, 2022, at the he made the claim in the motion to extend time to conduct sale of Plaintiff's property on April 6, 2022. 7. Evidence that HSBC was not entitled to order to extend time to conduct sale in 2022, because ACRIS.qov shows (CRFN 2007000059549) Wells Fargo assigned Plaintiff's mortqaqe iI her name to Nomura Credit Capital Inc on February 14, 2014. (CRFN 2014000066833). Exhibit -B 8. Evidence that the first foreclosure action (index 109372/2008) is still pending on the court docket and was past the statute of limitations in 2014, when defendants obtained judgment in 2010. First and second foreclosure action indexes 109372/2008 and 810093/2010 - Notice of Sale is illegal because they were simultaneous action for the same allege debt on the same property pursuant to NY RPAPL Section 1301(3). Exhibit - C Evidence of the of the first foreclosure action (index filing pending 109372/2008) on July 6, 2008, was acceleration of an allege debt subjected to the six year statute of limitation (NY CPLR Section 213(2)(8), which expired on July 8, 2014, proof defendants were NOT entitled to a judgment (Notice of Sale) in 2019 and 2022. 10. Letter evidence of a claim of default on March 1, 2008, defendants did not pursue foreclosure action until on or about August 12, 2015, past the statute of limitations and subject to abandonment in violation of NY CPLR Section's 3215(c) and NY CPLR Section 213(2)(8). Proof of abandonment, because defendants invoice shows defendants activity in their ORDER TO SHOW CAUSE LAVERNE M. LEONARD V. WOODS OVIATT GILMAN LLP ET AL. INDEX 152110/2023 3 "08/26/2015" pursuit in as of and foreclosure was filed on November 23, 2010. 11. Summons evidence shows the allege debt supposedly owned on March 1, 2008, but the foreclosure action was NOT filed until November 23, 2010, in violation of NY CPLR Section and NY CPLR Section 213(1)(2)(4). Exhibit - D 12. Verified Answer 3215(c), evidence of identity theft by defense attorney drafted and served before Plaintiff executed "Verification" a retainer agreement with them. Follow pages page dated December 17, 2010, shows Plaintiff did not consent to the verified answer in 2010. Next page shows the date Plaintiff executed the retainer agreement with Jon B. Felice and Associates, P.C. on December 22, 2010. 13. Evidence copy of email between Plaintiff and defense attorney showing Jon B. Felice, Esq concealed foreclosure files from Plaintiff until on or about December 4, 2019, after the defendants obtained and filed the Judgment of Foreclosure and Sale on April 2019 and Notice of Sale filed on June 2019. Exhibit- E 14. 29, 13, Evidence the defendants used a forgery of Plaintiff's name filed in state and federal courts to obtain favorable judgments. Exhibit-F 15. Shows a copy of defendants Notice of Sale, which was without probable cause (NY CPLR Section 215(3), because the assignment of mortgage exonerates Plaintiffs mortgage not being assigned to HSBC. 16. NYS Dept of State shows the entity on defendants Notice of Sale does not exist and a copy of the email from NYS DFS shows entity on Notice of Sale does not exist. 17, NYS Dept of State "Trust" shows permission from the NYS DFS was needed before wording such as "Acceptance" "Mortgaqe" and was included in the entity on Notice of Sale. NYS DFS has no information of the entity on Notice of Sale filed on February 1, 2023. 18. Evidence of the fictitious entity not recognized by the NYS Dept of State or NYS DFS was used in indexes 109372/2008 and 810093/2010. 19. Shows the fictitious entity on the assignment ORDER TO SHOW CAUSE LAVERNE M. LEONARD V. WOODS OVIATT GlLMAN LLP ET AL. INDEX 152110/2023 4 of mortgage dated July 3, 2008. 20. Pages shows the U.S. Attorney's Office SDNY assignment of mortgage was prohibited based on a settlement agreement as of October 6, 2011, before the defendants used the assignment of mortgage to obtain a Notice of Sale in 2019, 2022 and was prohibited before defendants filed it on February 1, 2023, pursuant to NY Penal Law Section 195.00, and NY Penal Law Section 195.05. 21. Evidence of a press release from the New York State Attorney General sanctions the creator of the assignment of mortgage, Steven J. Baum P.C. and Pillar Processing LLC. Exhibit-G 22. Evidence that Plaintiff's defense attorney was an employee of Wells Farqo at the time he represented Plaintiff in foreclosure action index 810093/2010 involving Wells Farqo. Evidence Jon B. Felice, Esq registered a realty holding company less than a month after Plaintiff purchase her property. The exhibit reflects when Plaintiff purchased her property on October 24, 2003. Felice realty holding corp was registered on November 5, 2003. 23. Evidence of defense attorney Jon B. Felice, Esq collusion with FBI agent Marianne Spraqqins and Andrew M. Cuomo in acquiring Plaintiff's Westchester County New York property by fraud, and identity theft, under the color of law pursuant to Title 18, Section 242 pursuant to New York Penal Law Section 190.77(1) and New York Penal Law Section 190.78(1). Verification page shows Plaintiff did not see verified answer in 2008. Evidence also of defendants and defense and political cohorts using law enforcement to extort Plaintiff. 24. Shows Press releases from Justice Department of HSBC Anti-Money Laundering and Wells Fargo identity theft and fraud dated December 11, 2012, and February 21, 2020. ORDER TO SHOW CAUSE LAVERNE M. LEONARD V. WOODS OVIATT GILMAN LLP ET AL. INDEX 152110/2023 5 Let the party or attorney in opposition show cause at I.A.S. Part , Room , of this Court, to be held at the Courthouse, 60 Centre Street, New York, N.Y., on the day of , 20_ __ at o'clock in the noon or as soon as such party or attorney may be heard why an order should not be made, providing the relief: following Plaintiff is requesting a temporary restraining order on a Notice of Sale filed on February 1, 2023 (NYSCEF Doc. No. 326) index 810093/2010) until such time a court decision is entered in civil actions indexes 157993/2022 and 160102/2022 legal malpractice cases. Defendants are attempting to auction Plaintiff's property starting March 1, 2023, before a decision has been made in those civil actions. Plaintiff would be irreparably harmed without a Temporary Restraining Order because the property is her primary residence, and she has been residing there since on or about October 24, 2003. Plaintiff is challenging the Notice of Sale in civil actions indexes 157993/2022 and 160102/2022, because it was obtained by fraud, and identity theft among other reasons, pursuant to New York Penal Law Section 190.77(1) and New York Penal Law Section 190.78(1), NY Penal Law Section 190.79(1) and NY Penal Law Section 175.35, Title 18, Section 242 pursuant to New York Penal Law Section 190.77(11and New York Penal Law Section 190.78(1), NY CPLR Section 213(2)(8). ORDER TO SHOW CAUSE LAVERNE M. LEONARD V. WOODS OVIATT GlLMAN LLP ET AL. INDEX 152110/2023 6 For the reasons Plaintiff should be granted a order and vacatur of temporary restraining the Notice of sale filed on February 1, 2023 (NYSCEF Doc. No. 326 Index 810093/2010) pursuant to, 1.The New York Civil Rights Law Sections 50(c) and 51. 2. New York Penal Law Section 190.77(1). 3. New York Penal Law Section 190.78(1). 4. New York Penal Law Section 190.79(1)(2). 5. New York Real Property RPAPL Section 1301(3), New York One-Action Rule 6. General Business Law -GBS Section 130(1)(a)(b)(2)(a)(c). 7. Business Corporation Law of New York section 301(a)(5)(B). 8. NY CPLR Section 5601(b), - Right to Appeal - Constitutional grounds. 5701(a)- 9. NY CPLR Section Right to Appeal. 10. NY CPLR Section - Right to Appeal - limitation. 5513(a) 30-day 11. NY CPLR Section 213(1)(2)(4) Six (6) Year Statute of Limitations. 12. Title Section 242 - Deprivation of Rights 18, U.S.C., 13. Chapter 68 of the New York City Charter Section 2604(3) 14. Section 120.01 of the Joint Rules of the Appellate Division 22 NYCRR section 1210.11 15. NY Penal Law Section 210.35(a)(b)(c) - Perjury 16. NY Penal Law Section 210. 05 - Perjury 17. NY Penal Law Section 175.35 18.. NY Penal Law Section 175.30 19. New York Privacy Act 20. Section - Deprivation of Rights Failure to Intervene 8-803(a) ORDER TO SHOW CAUSE LAVERNE M. LEONARD V. WOODS OVIATT GlLMAN LLP ET AL. INDEX 152110/2023 7 21. Section - Deprivation of Rights Competent Jurisdiction 8-803(c) 22. Section - Private Right of Action 8-805(1)(2)(3)(b) Relief, 23. Section 8-806 - 3 Year Statute of Limitations 24. NY CPLR Section - Abandonment 3215(c) 25. NY CPLR Section - undue breach 3016(b)(h) Fraud, Misrepresentation, influence, of trust etc. NY Penal Law Section 195.00 - 26. Official Misconduct 27. NY Penal Law Section 195.05 - Obstruction of Government Administration 28. NY CPLR Section 312-a - Process Service Mail by 29. NY CPLR Section - Amendment without Leave of Court 3025(a) 30. NY CPLR Section - action for fraud within six years reasonable 213(8) (6) discovery 31. NY CPLR Section 213(1)(2)- action for fraud/contractual obligation within six years 32. NY CPLR Section 214(2)(6) within 3 years malpractice 33. RPAPL Section - Stale Lien 1501(4) (expunge) 34. New York Law Section 487 - Sanction Judiciary Attorney 35. NY CPLR Section - Relief from Judgment or Order