Preview
FILED: RICHMOND COUNTY CLERK 04/24/2023 10:07 AM INDEX NO. 130885/2012
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 04/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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U.S. BANK TRUST NATIONAL ASSOCIATION, AS Index No. 130885/2012
TRUSTEE OF DWELLING SERIES IV TRUST,
Plaintiff,
-against- NOTICE OF ENTRY
NANCY WILEY; NEW YORK CITY PARKING
VIOLATIONS BUREAU; NEW YORK CITY
CRIMINAL COURT; WASHINGTON MUTUAL
BANK, A FEDERAL ASSOCIATION; FRANK A.
GUIDO; NEW YORK CITY DEPARTMENT OF
MOTOR VEHICLES; JOSEPH GUIDO; MELISSA
GUIDO,
Defendants
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COUNSEL:
PLEASE TAKE NOTICE that the within is a true copy of an ORDER EXTENDING SALE
DEADLINE AND OTHER RELIEF signed by Hon. Desmond A. Green, J.S.C. and duly
entered in the Richmond County Clerk's Office on April 14, 2023.
Dated: April 21, 2023
New York, New York
_/s/ Glenn W. Caulfield_______
Glenn W. Caulfield, Esq.
Friedman Vartolo LLP
Attorneys for Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, New York 11530
(P) 212.471.5100
TO:
Howard M. File, Esq.
Attorney for Defendant Nancy Wiley
VIA NYSCEF
Christina A. Incorvaia, Esq.
Attorney for JPMorgan Chase Bank, N.A., successor in interest to Washington Mutual Bank, a
Federal Association
420 Lexington Avenue, Suite 840
New York, NY 10170
Firm File Number: 223113-1
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NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 04/24/2023
Domenico Thomas Savatta, Esq. (As Appointed Referee)
630 3rd Avenue, Floor 23
New York, NY 10017
Firm File Number: 223113-1
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NYSCEF DOC. NO. 40
39 RECEIVED NYSCEF: 04/24/2023
04/14/2023
At IAS Part of the Supreme
Court of the State of New York held
in and for the County of Richmond, at
the Courthouse thereof, located at26
Central Avenue, Staten Island, NY
10301 on the 0 dav of
Present:
flPr;l ,zo1\
HON. DesmondA. Green. J.S.C.
X
MTGLQ INVESTORS, L.P., Index No. 130885 /2012
Plaintiff ORDER EXTENDING SALE
-against-
DEADLINEANDOTHERRELIEF 4u1
NANCY WILEY; NEW YORK CITY PARKING
VIOLATIONS BUREAU; NEW YORK CITY
CRIMINAL COURT; WASHINGTON MUTUAL
BANK, A FEDERAL ASSOCIATION; FRANK A. Mortgage Servicer: SN Servicing
GUIDO; NEW YORK CITY DEPARTMENT OF
MOTOR VEHICLES; JOSEPH GUIDO; MELISSA Corporation
GUIDO,
Mortgage Servicer Phone #: (800)
Defendants
603-0836
UPON reading the affirmation ofAndrew Buonincontri, Esq. dated January 13,2023,
counsel for the named Plaintiff's assignee U.S. Bank Trust National Association, as Trustee of
Dwelling Series IV Trust (hereinafter "Dwelling"), requesting, inter alia, an extension of time to
hold a foreclosure sale of the Mortgaged Premises located atI59 DurantAvenue, Staten Island,
New York 10306 (Block: 5023,Lot:71) (hereinafter "Mortgaged Premises"), more particularly
described in the annexed Schedule A,
AND this Court having initiated and held status conference(s) in accordance with the
provisions ofAdministrative Order 157/z},Administrative Order I59l2I andAdministrative
Order 262/21prior to the issuance of this Order,
NOW, on motion of Friedman Vartolo LLP, the attorneys for Plaintifl it is;
Firm File No. 223113-l
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FILED: RICHMOND COUNTY CLERK 04/24/2023
04/14/2023 10:07
03:36 AM
PM INDEX NO. 130885/2012
NYSCEF DOC. NO. 40
39 RECEIVED NYSCEF: 04/24/2023
04/14/2023
ORDERED, that the instant motion is granted in all respects; and it is further
effiher
ORDERED, that in accordance with CPLR z}O4,Plaintiffis granted an extension of
time to sell the Mortgaged Premises for a period fffOy, from the date of entry of this order;
"f
and it is further
- *oRDERED,AI)JUDGED
s*le witldTTgu .ah.of the date ef thsjudB e-t, in eeeordaneewith enY R $?€04; the ti n€ fixed
_---praeti'albl9; and it is fuither
ORDERED, that the named Plaintifl "MTGLQ Investors, L.P." shall be substituted with
"U'S. Bank Trust NationalAssociation, as Trustee of Dwelling Series IV Trust" and that the
caption of this action shall be amended accordingly to reflect the proper alignment of the parties;
and it is further
ORDERED, that the caption of this action, as amended, shall read as follows:
X
U.S. BANK TRUST NATIONAL ASSOCIAIION, Index No. 130885 /2012
AS TRUSTEE OF DWELLING SERIES TV
TRUST,
Plaintiff
-against-
NANCY WILEY; NEW YORK CITY PARKING
VIOLMIONS BUREAU; NEW YORK CITY
CRIMINAL COURT; WASHINGTON MUTUAL
BANK, A FEDERAL ASSOCIATION; FRANK A.
GUIDO; NEW YORK CITY DEPARTMENT oF
MOTOR VEHICLES; JOSEPH GUIDO; MELISSA
GUIDO.
Defendants
---------------x
: and it is further
Firm File No. 2231l3-l
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PM INDEX NO. 130885/2012
NYSCEF DOC. NO. 40
39 RECEIVED NYSCEF: 04/24/2023
04/14/2023
ORDERED,that all other provisions of the Judgment of Foreclosure and Sale dated
September I1,2019, and entered September 26,2}lg,remain in full force and effect, except as
modified in this Order; and it is further
ORDERED, that a copy of this Order shall be served upon the successor Referee, the
owner of the equity of redemption, as of the date of this Order and any other party entitled to
notice.
HON. DesmondA. Green. J.S.C.
Firm File No. 223113-l
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NYSCEF DOC. NO. 40
39 RECEIVED NYSCEF: 04/24/2023
04/14/2023
SCHEDULE A-LEGAL DESCRIPTION
Block 5023 and Lot 71
parel of land, with the buildings and imprwements tlereon erected,
ALL that certain plot, piece or
sitmte" lying and being in the Borough and Oounty gf Richmond, 0ity and State of New york. being
more particularly bounded and described as follorc:
BEGINNING at a point on the Westerly side of Durant Avenue, distant 218.46 feet Nonherly from the
cOrner formed by the intersection of sald Westerly side *f Durant Avenue and the trtortneity side of
Justin Avenue:
RUNNING THENOE North 50 degrees 18 minutes 20 seconds West. 92.30 feet to a point
TflENcE North 4s degrees 50 minutes 56 seconds East, 41-20 feet to a point
THENCE South 50 degrees 18 minutes 20 seconds East. 95.s9 feet to a point on said Westerty side
of Durant Avenue" running along the said westerly side of Durant ,{venue.
THENCE South 46 degrees 57 minutes 31 secmds West, 41.u14 feet to the point or place of
BEGINNING.
Premises known as 159 Durant Avenue, staten Isl*nd, l{ew york 10906.
Firm File No. 223113-l
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Preview
FILED: RICHMOND COUNTY CLERK 04/24/2023 10:07 AM INDEX NO. 130885/2012 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 04/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ----------------------------------------------------------------------------x U.S. BANK TRUST NATIONAL ASSOCIATION, AS Index No. 130885/2012 TRUSTEE OF DWELLING SERIES IV TRUST, Plaintiff, -against- NOTICE OF ENTRY NANCY WILEY; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY CRIMINAL COURT; WASHINGTON MUTUAL BANK, A FEDERAL ASSOCIATION; FRANK A. GUIDO; NEW YORK CITY DEPARTMENT OF MOTOR VEHICLES; JOSEPH GUIDO; MELISSA GUIDO, Defendants ----------------------------------------------------------------------------x COUNSEL: PLEASE TAKE NOTICE that the within is a true copy of an ORDER EXTENDING SALE DEADLINE AND OTHER RELIEF signed by Hon. Desmond A. Green, J.S.C. and duly entered in the Richmond County Clerk's Office on April 14, 2023. Dated: April 21, 2023 New York, New York _/s/ Glenn W. Caulfield_______ Glenn W. Caulfield, Esq. Friedman Vartolo LLP Attorneys for Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, New York 11530 (P) 212.471.5100 TO: Howard M. File, Esq. Attorney for Defendant Nancy Wiley VIA NYSCEF Christina A. Incorvaia, Esq. Attorney for JPMorgan Chase Bank, N.A., successor in interest to Washington Mutual Bank, a Federal Association 420 Lexington Avenue, Suite 840 New York, NY 10170 Firm File Number: 223113-1 1 of 6 FILED: RICHMOND COUNTY CLERK 04/24/2023 10:07 AM INDEX NO. 130885/2012 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 04/24/2023 Domenico Thomas Savatta, Esq. (As Appointed Referee) 630 3rd Avenue, Floor 23 New York, NY 10017 Firm File Number: 223113-1 2 of 6 FILED: RICHMOND COUNTY CLERK 04/24/2023 04/14/2023 10:07 03:36 AM PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 40 39 RECEIVED NYSCEF: 04/24/2023 04/14/2023 At IAS Part of the Supreme Court of the State of New York held in and for the County of Richmond, at the Courthouse thereof, located at26 Central Avenue, Staten Island, NY 10301 on the 0 dav of Present: flPr;l ,zo1\ HON. DesmondA. Green. J.S.C. X MTGLQ INVESTORS, L.P., Index No. 130885 /2012 Plaintiff ORDER EXTENDING SALE -against- DEADLINEANDOTHERRELIEF 4u1 NANCY WILEY; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY CRIMINAL COURT; WASHINGTON MUTUAL BANK, A FEDERAL ASSOCIATION; FRANK A. Mortgage Servicer: SN Servicing GUIDO; NEW YORK CITY DEPARTMENT OF MOTOR VEHICLES; JOSEPH GUIDO; MELISSA Corporation GUIDO, Mortgage Servicer Phone #: (800) Defendants 603-0836 UPON reading the affirmation ofAndrew Buonincontri, Esq. dated January 13,2023, counsel for the named Plaintiff's assignee U.S. Bank Trust National Association, as Trustee of Dwelling Series IV Trust (hereinafter "Dwelling"), requesting, inter alia, an extension of time to hold a foreclosure sale of the Mortgaged Premises located atI59 DurantAvenue, Staten Island, New York 10306 (Block: 5023,Lot:71) (hereinafter "Mortgaged Premises"), more particularly described in the annexed Schedule A, AND this Court having initiated and held status conference(s) in accordance with the provisions ofAdministrative Order 157/z},Administrative Order I59l2I andAdministrative Order 262/21prior to the issuance of this Order, NOW, on motion of Friedman Vartolo LLP, the attorneys for Plaintifl it is; Firm File No. 223113-l 1 of 6 3 4 FILED: RICHMOND COUNTY CLERK 04/24/2023 04/14/2023 10:07 03:36 AM PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 40 39 RECEIVED NYSCEF: 04/24/2023 04/14/2023 ORDERED, that the instant motion is granted in all respects; and it is further effiher ORDERED, that in accordance with CPLR z}O4,Plaintiffis granted an extension of time to sell the Mortgaged Premises for a period fffOy, from the date of entry of this order; "f and it is further - *oRDERED,AI)JUDGED s*le witldTTgu .ah.of the date ef thsjudB e-t, in eeeordaneewith enY R $?€04; the ti n€ fixed _---praeti'albl9; and it is fuither ORDERED, that the named Plaintifl "MTGLQ Investors, L.P." shall be substituted with "U'S. Bank Trust NationalAssociation, as Trustee of Dwelling Series IV Trust" and that the caption of this action shall be amended accordingly to reflect the proper alignment of the parties; and it is further ORDERED, that the caption of this action, as amended, shall read as follows: X U.S. BANK TRUST NATIONAL ASSOCIAIION, Index No. 130885 /2012 AS TRUSTEE OF DWELLING SERIES TV TRUST, Plaintiff -against- NANCY WILEY; NEW YORK CITY PARKING VIOLMIONS BUREAU; NEW YORK CITY CRIMINAL COURT; WASHINGTON MUTUAL BANK, A FEDERAL ASSOCIATION; FRANK A. GUIDO; NEW YORK CITY DEPARTMENT oF MOTOR VEHICLES; JOSEPH GUIDO; MELISSA GUIDO. Defendants ---------------x : and it is further Firm File No. 2231l3-l 2 of 6 4 4 FILED: RICHMOND COUNTY CLERK 04/24/2023 04/14/2023 10:07 03:36 AM PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 40 39 RECEIVED NYSCEF: 04/24/2023 04/14/2023 ORDERED,that all other provisions of the Judgment of Foreclosure and Sale dated September I1,2019, and entered September 26,2}lg,remain in full force and effect, except as modified in this Order; and it is further ORDERED, that a copy of this Order shall be served upon the successor Referee, the owner of the equity of redemption, as of the date of this Order and any other party entitled to notice. HON. DesmondA. Green. J.S.C. Firm File No. 223113-l 3 of 6 5 4 FILED: RICHMOND COUNTY CLERK 04/24/2023 04/14/2023 10:07 03:36 AM PM INDEX NO. 130885/2012 NYSCEF DOC. NO. 40 39 RECEIVED NYSCEF: 04/24/2023 04/14/2023 SCHEDULE A-LEGAL DESCRIPTION Block 5023 and Lot 71 parel of land, with the buildings and imprwements tlereon erected, ALL that certain plot, piece or sitmte" lying and being in the Borough and Oounty gf Richmond, 0ity and State of New york. being more particularly bounded and described as follorc: BEGINNING at a point on the Westerly side of Durant Avenue, distant 218.46 feet Nonherly from the cOrner formed by the intersection of sald Westerly side *f Durant Avenue and the trtortneity side of Justin Avenue: RUNNING THENOE North 50 degrees 18 minutes 20 seconds West. 92.30 feet to a point TflENcE North 4s degrees 50 minutes 56 seconds East, 41-20 feet to a point THENCE South 50 degrees 18 minutes 20 seconds East. 95.s9 feet to a point on said Westerty side of Durant Avenue" running along the said westerly side of Durant ,{venue. THENCE South 46 degrees 57 minutes 31 secmds West, 41.u14 feet to the point or place of BEGINNING. Premises known as 159 Durant Avenue, staten Isl*nd, l{ew york 10906. Firm File No. 223113-l 4 of 6 6 4