Preview
FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
FEDERAL NATIONAL MORTGAGE ASSOCIATION INDEX NO. 015989/2009
("FANNIE MAE") , A CORPORATION ORGANIZED
AND EXISTING UNDER THE LAWS OF THE
UNITED STATES, , AFFIRMATION
OF SERVICE
Plaintiff,
vs.
FRANK AMATO; MATTHEW AMATO; CAPITAL
ONE BANK, BY SERVICE UPON CORPORATION
SERVICE COMPANY; CITIBANK, N.A.; JOSEPH
TARANTELLO S/H/A JOHN DOE #1,
#1" #12,"
"John Doe through "John Doe the last twelve
names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants,
persons, or corporations, if any, having or claiming
interest in or lien upon the premises, described in the
complaint,
Defendants.
Theresa Regis, Esq., an attorney duly admitted to practice law before the Courts of the
State of New York, affirms under the penalty of perjury:
1. I am an associate with the law firm of Robertson, Anschutz, Schneid, Crane &
Partners, PLLC ("RAS"), attorneys for the Plaintiff, in this foreclosure action. In my capacity as
RAS'
an associate of RAS, I have access to business records, including the records of mailings
associated with the above captioned case ("Mailing Records").
2. I make this affirmation based upon my review of the Mailing Records, and from
my own personal knowledge of how they are kept and maintained. The Mailing Records are (i)
created by RAS in the ordinary course of its business; (ii) are made at or about the time of the
mailings; (iii) by a person with actual knowledge of the mailings, or from information
20-009428 - JaW
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FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023
transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course
of business for RAS to keep and maintain such Mailing Records.
3. The Mailing Records include a computer generated record of mailings for each
History."
case entitled the "Document Send Out When any documents associated with a case are
served by mail to a party, an entry is made in the Document Send Out History indicating what
was mailed, the date of mailing, and the name and address to which the mail was sent. The
relevant portion of the Document Send Out History for the above captioned case is annexed
hereto as Exhibit "A". I personally reviewed the Document Send Out History and confirmed
"A"
that Exhibit is a true and accurate printout of the relevant portion of the Document Send Out
History. The entries in the Document Send Out History were (i) created in the ordinary course of
business; (ii) made at 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 actual knowledge of the
mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such
Mailing Records.
4. My review of the Document Send Out History reveals that on April 12, 2023 a
copy of the Notice of Motion for Substitute Referee, Order Appointing Substitute Referee,
Affirmation in Support of Motion for Substitute Referee and Exhibits A and B was served upon
the following parties by depositing a true copy of same enclosed in a post-paid wrapper,
addressed to the address designated for the service of papers or to the last known address if no
such address has been so designated, in a post office-official depository under the exclusive care
and custody of the United States Postal Service as follows:
FRANK AMATO
84 HAYNES AVE
WEST ISLIP, NY 11795-1023
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FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023
PHILLIP J. DEBELLIS, - REFEREE
ESQ
655 MAIN STREET
ISLIP, NY 11751
MATTHEW AMATO
84 HAYNES AVENUE
WEST ISLIP, NY 11795
CAPITAL ONE BANK, BY SERVICE UPON CORPORATION SERVICE COMPANY
11 SOUTH 12TH STREET
RICHMOND, VA 23219
CITIBANK, N.A.
ONE COURT SQUARE
LONG ISLAND CITY, NY 11101
JOSEPH TARANTELLO S/H/A JOHN DOE #1
84 HAYNES AVE
WEST ISLIP, NY 11795
Dated: April 12, 2023
Robertson, Anschutz, Schneid,
Crane & Partners, PLLC
Theresa Regis, Esq.
ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC
Attorney for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
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FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023
EXHIBIT A
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023
PM 1:55:29 4/12/2023 1023
Date:On 11795- - Refe
Mail NY ISLIP WEST
AVE,
By Out Sent Were Items HAYNES
84 AMATO FRANK 12:41 4/12/2023 for Mo
PM 1:58:37 4/12/2023
Date:On - Refe
Mail 11751
NY ISLIP
STREET, J.
By Out Sent Were Items MAIN 655 DEBELLIS PHILLIP 12:41 4/12/2023 for Mo
PM 2:01:12 4/12/2023
Date:On - Refe
Mail 11795
NY ISLIP WEST
AVENUE,
By Out Sent Were Items 84
HAYNES AMATO MATTHEW 12:41 4/12/2023 for Mo
COMPANY
PM 2:03:13 4/12/2023 23219VA SERVICE CORPORATION
STREET, -
Date:On Mail RICHMOND UPON SERVICE Refe
BANK,
By Out Sent Were Items 12TH SOUTH
11 BY ONE CAPITAL 12:41 4/12/2023 for Mo
PM 2:06:29 4/12/2023 11101
NY
Date:On - Refe
Mail CITY ISLAND LONG
SQUARE, N.A. CITIBANK,
By Out Sent Were Items COURTONE 12:41 4/12/2023 for Mo
PM 2:09:32 4/12/2023
Date:On - Refe
Mail 11795
NY ISLIP WEST #1 DOE JOHN S/H/A
AVE,
By Out Sent Were Items HAYNES
84 TARANTELLOJOSEPH 12:41 4/12/2023 for Mo
Notes Address Defendant Out Sent Date
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FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023
Index # 015989/2009
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
FEDERAL NATIONAL MORTGAGE ASSOCIATION
("FANNIE MAE") , A CORPORATION ORGANIZED
AND EXISTING UNDER THE LAWS OF THE UNITED
STATES, ,
Plaintiff,
vs.
FRANK AMATO; MATTHEW AMATO; CAPITAL ONE
BANK, BY SERVICE UPON CORPORATION SERVICE
COMPANY; CITIBANK, N.A.; JOSEPH TARANTELLO
S/H/A JOHN DOE #1,
#1" #12,"
"John Doe through "John Doe the last twelve
names being fictitious and unknown to plaintiff, the persons
or parties intended being the tenants, occupants, persons, or
corporations, if any, having or claiming interest in or lien
upon the premises, described in the complaint,
Defendants.
AFFIRMATION OF SERVICE
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
20-009428 - JaW
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Preview
FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK FEDERAL NATIONAL MORTGAGE ASSOCIATION INDEX NO. 015989/2009 ("FANNIE MAE") , A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES, , AFFIRMATION OF SERVICE Plaintiff, vs. FRANK AMATO; MATTHEW AMATO; CAPITAL ONE BANK, BY SERVICE UPON CORPORATION SERVICE COMPANY; CITIBANK, N.A.; JOSEPH TARANTELLO S/H/A JOHN DOE #1, #1" #12," "John Doe through "John Doe the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons, or corporations, if any, having or claiming interest in or lien upon the premises, described in the complaint, Defendants. Theresa Regis, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, affirms under the penalty of perjury: 1. I am an associate with the law firm of Robertson, Anschutz, Schneid, Crane & Partners, PLLC ("RAS"), attorneys for the Plaintiff, in this foreclosure action. In my capacity as RAS' an associate of RAS, I have access to business records, including the records of mailings associated with the above captioned case ("Mailing Records"). 2. I make this affirmation based upon my review of the Mailing Records, and from my own personal knowledge of how they are kept and maintained. The Mailing Records are (i) created by RAS in the ordinary course of its business; (ii) are made at or about the time of the mailings; (iii) by a person with actual knowledge of the mailings, or from information 20-009428 - JaW 1 of 6 FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023 transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such Mailing Records. 3. The Mailing Records include a computer generated record of mailings for each History." case entitled the "Document Send Out When any documents associated with a case are served by mail to a party, an entry is made in the Document Send Out History indicating what was mailed, the date of mailing, and the name and address to which the mail was sent. The relevant portion of the Document Send Out History for the above captioned case is annexed hereto as Exhibit "A". I personally reviewed the Document Send Out History and confirmed "A" that Exhibit is a true and accurate printout of the relevant portion of the Document Send Out History. The entries in the Document Send Out History were (i) created in the ordinary course of business; (ii) made at 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 actual knowledge of the mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such Mailing Records. 4. My review of the Document Send Out History reveals that on April 12, 2023 a copy of the Notice of Motion for Substitute Referee, Order Appointing Substitute Referee, Affirmation in Support of Motion for Substitute Referee and Exhibits A and B was served upon the following parties by depositing a true copy of same enclosed in a post-paid wrapper, addressed to the address designated for the service of papers or to the last known address if no such address has been so designated, in a post office-official depository under the exclusive care and custody of the United States Postal Service as follows: FRANK AMATO 84 HAYNES AVE WEST ISLIP, NY 11795-1023 20-009428 - JaW 2 of 6 FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023 PHILLIP J. DEBELLIS, - REFEREE ESQ 655 MAIN STREET ISLIP, NY 11751 MATTHEW AMATO 84 HAYNES AVENUE WEST ISLIP, NY 11795 CAPITAL ONE BANK, BY SERVICE UPON CORPORATION SERVICE COMPANY 11 SOUTH 12TH STREET RICHMOND, VA 23219 CITIBANK, N.A. ONE COURT SQUARE LONG ISLAND CITY, NY 11101 JOSEPH TARANTELLO S/H/A JOHN DOE #1 84 HAYNES AVE WEST ISLIP, NY 11795 Dated: April 12, 2023 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Theresa Regis, Esq. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 20-009428 - JaW 3 of 6 FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023 EXHIBIT A 20-009428 - JaW 4 of 6 FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023 PM 1:55:29 4/12/2023 1023 Date:On 11795- - Refe Mail NY ISLIP WEST AVE, By Out Sent Were Items HAYNES 84 AMATO FRANK 12:41 4/12/2023 for Mo PM 1:58:37 4/12/2023 Date:On - Refe Mail 11751 NY ISLIP STREET, J. By Out Sent Were Items MAIN 655 DEBELLIS PHILLIP 12:41 4/12/2023 for Mo PM 2:01:12 4/12/2023 Date:On - Refe Mail 11795 NY ISLIP WEST AVENUE, By Out Sent Were Items 84 HAYNES AMATO MATTHEW 12:41 4/12/2023 for Mo COMPANY PM 2:03:13 4/12/2023 23219VA SERVICE CORPORATION STREET, - Date:On Mail RICHMOND UPON SERVICE Refe BANK, By Out Sent Were Items 12TH SOUTH 11 BY ONE CAPITAL 12:41 4/12/2023 for Mo PM 2:06:29 4/12/2023 11101 NY Date:On - Refe Mail CITY ISLAND LONG SQUARE, N.A. CITIBANK, By Out Sent Were Items COURTONE 12:41 4/12/2023 for Mo PM 2:09:32 4/12/2023 Date:On - Refe Mail 11795 NY ISLIP WEST #1 DOE JOHN S/H/A AVE, By Out Sent Were Items HAYNES 84 TARANTELLOJOSEPH 12:41 4/12/2023 for Mo Notes Address Defendant Out Sent Date 5 of 6 FILED: SUFFOLK COUNTY CLERK 04/13/2023 03:33 PM INDEX NO. 015989/2009 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/13/2023 Index # 015989/2009 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") , A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES, , Plaintiff, vs. FRANK AMATO; MATTHEW AMATO; CAPITAL ONE BANK, BY SERVICE UPON CORPORATION SERVICE COMPANY; CITIBANK, N.A.; JOSEPH TARANTELLO S/H/A JOHN DOE #1, #1" #12," "John Doe through "John Doe the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons, or corporations, if any, having or claiming interest in or lien upon the premises, described in the complaint, Defendants. AFFIRMATION OF SERVICE ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 20-009428 - JaW 6 of 6