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  • U.S. Bank National Association As Indenture Trustee For Residential Loan Trust 2008-Ah1 Mortgage-Backed Notes, Series 2008-Ah1 v. Dilip Das, New York City Environmental Control Board, New York City Transit Adjudication Bureau, Mortgage Electronic Registration Systems, Inc. As Nominee For American Brokers Conduit, Banco Popular North America, Cach, Llc, Asset Acceptance Llc, Accounts Retreivable Systems As Assignee Of Chase Bank Usa Na, New York State Department Of Taxation & Finance, Rubina Doe LAST NAME REFUSED Real Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association As Indenture Trustee For Residential Loan Trust 2008-Ah1 Mortgage-Backed Notes, Series 2008-Ah1 v. Dilip Das, New York City Environmental Control Board, New York City Transit Adjudication Bureau, Mortgage Electronic Registration Systems, Inc. As Nominee For American Brokers Conduit, Banco Popular North America, Cach, Llc, Asset Acceptance Llc, Accounts Retreivable Systems As Assignee Of Chase Bank Usa Na, New York State Department Of Taxation & Finance, Rubina Doe LAST NAME REFUSED Real Property - Mortgage Foreclosure - Residential document preview
  • U.S. Bank National Association As Indenture Trustee For Residential Loan Trust 2008-Ah1 Mortgage-Backed Notes, Series 2008-Ah1 v. Dilip Das, New York City Environmental Control Board, New York City Transit Adjudication Bureau, Mortgage Electronic Registration Systems, Inc. As Nominee For American Brokers Conduit, Banco Popular North America, Cach, Llc, Asset Acceptance Llc, Accounts Retreivable Systems As Assignee Of Chase Bank Usa Na, New York State Department Of Taxation & Finance, Rubina Doe LAST NAME REFUSED Real Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: QUEENS COUNTY CLERK 02/16/2018 10:58 AM INDEX NO. 714885/2016 NYSCEF DOC. NO. 38 I'- RECEIVED -- NYSCEF: \ 02/16/2018 At an I.A.S. Part of'the SUPREME COURT OF TH STATE OF NE. YORK, held in and for the County of QV) at the Courthouse thereof on the day of CHEREE SUGGS 2018 wit-R-t-ozner. Present: IA Justice. MPriliVicWgiViltittw YORK 13-5 COUNTY OF QUEENS X U.S. BANK NATIONAL ASSOCIATION AS Index No.: 714885/2016 INDENTURE TRUSTEE FOR RESIDENTIAL LOAN TRUST 2008-AH1 MORTGAGE-BACKED NOTES, EMERGENCY SERIES 2008-AH1, ORDER TO SHOW CAUSE WITH Plaintiff, Temporary Restraining -against- Order (TRO) DILIP DAS, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT, BANCO POPULAR NORTH AMERICA, CACH, LLC, ASSET ACCEPTANCE LLC, ACCOUNTS RETREIVABLE SYSTEMS AS ASSIGNEE OF CHASE BANK USA NA, NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE, JOHN DOE (being fictitious, the names unknown to Plaintiff intended to be tenants, occupants, persons, or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributes, executors, administrators, trustees, guardians, assignees, creditors or successors.) Defendant(s). X Upon the affirmation of Brian McCaffrey, Esq. of Brian McCaffrey Attorney at Law, P.C., the exhibits thereto, the affirmation of emergency of Brian McCaffrey, Esq., the affidavits of Yasmin Akhtar, Sanwal Mushtaq, Rawal Mushtaq, and upon all prior papers and proceedings in this action, it is hereby ORDERED, that the Plaintiff show cause before this f l/t(at IAS Court, , Roorrg , to be held at the courthouse located at 88-11 Sutphin Blvd., Jamaica, NY 11435, on the 1 day of 2018 at . / P.M of that day, or as soon thereafter as counsel can be 1 1 of 3 FILED: NYSCEF DOC. QUEENS NO. 38 COUNTY CLERK 02/16/2018 Pig 10:58 AM RECEIVED INDEX NO. NYSCEF: 714885/2016 02/16/2018 heard, why an order affecting the Defendants' property located at 4254 77th Street, Elmhurst, NY 11373, should not be entered in this action granting; A Temporary Restraining Order, pending a hearing for a Preliminary Injunction, restraining the Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE FOR RESIDENTIAL LOAN TRUST 2008-AH1 MORTGAGE-BACKED NOTES, SERIES 2008-AH1, (hereinafter "Plaintiff' or "US BANK") from conducting the public auction scheduled for February 16, 2018, or scheduling any further public auction of the premises located at 4254 77th Street, Elmhurst, NY 11373 (hereinafter "the Premises"), pending a final determination and decision on this order to show cause; and Pursuant to CPLR § 3211(a)(10), CPLR § 1001(a), CPLR § 1024, and RPAPL § 1311(1), dismissing the Complaint for failure to join necessary parties; and Pursuant to CPLR §§ 3211(a)(8), dismissing the Complaint for lack of personal jurisdiction over the necessary party tenants Yasmin Alchtar, Sanwal Mushtaq, and Rawal Mushtaq due to improper service; and Pursuant to RPAPL § 1303(1)(b), dismissing the Complaint for failure to comply with a statutory condition precedent to a foreclosure action; and Attorney's fees and costs associated with this motion; and Such other and further relief as this Court may deem just, proper or equitable. THEREFORE, sufficient reason appearing it is; ORDERED, that Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS INDENTURE kf ' 7 TRUSTEE FOR RE RESIDENTIAL LOAN TRUST 2008-AH1 MORTGAGE-BACKED NOTES, SERIES 2008-AH1, (hereinafter "Plaintiff' or "US BANK") is stayed from conducting the public auction scheduled for February 16, 2018, or scheduling any further public auction of the premises located at 4254 77th Street, Elmhurst, NY 11373, pending the Court's determination of the instant Motion brought on by Order to Show Cause; and it is 2 2 of 3 FILED: NYSCEF DOC. QUEENS NO. 38 COUNTY CLERK 02/16/2018 Ply 10:58 AM RECEIVED INDEX NO. NYSCEF: 714885/2016 02/16/2018 ORDERED, that a copy of this order and of the papers on which it is based, be made by overnight delivery on the Plaintiff's attorney, Gross Polowy LLC, 1775 Wehrle Drive Suite 100, Williamsville, NY 14221, and the Referee, Alan C. Kestenbaum, Esq., 42-40 Bell Blvd. Suite 302, C/II)A4'IBa\-- yside, NY 11361, on or before , 2018 and that same be deemed sufficient service thereof /6, .2-01K Dated: . 2-)451 g Entered: J.S.C. Ls; N. JOSEPH J. ESPOSITO FILED FEB 1 6 2018 COUNTY CLERK COUNTY 3 3 of 3