Preview
At an IAS Part __ of the Supreme Court of
the State of New York, held in and for the
County of Washington at the County
in Fort New on
_
Courthouse Edward, York
the day of , 2021.
Present: Honorable
INDEX NO. EC2020-31588
JPMorgan Chase Bank, National Association
Plaintiff,
ORDER AMENDING
- against - SUMMONS AND
COMPLAINT
Amber R. Gentry-Zeno a/k/a Amber Zeno Gentry; U.S.
District Court, and "JOHN DOE", said name being
fictitious, it being the intention of Plaintiff to designate
any and all occupants of premises being foreclosed
herein, and any parties, corporations or entities, if any,
having or claiming an interest or lien upon the mortgaged
premises,
Defendant(s).
ON the Smmv1ons and Complaint and Notice of Pendency of this action filed in the office
of the Clerk of the County of Washington on March 4, 2020, and on Notice of Motion and
Affirmation, dated April 29, 2021, of Ellis M. Oster, Esq. of LOGS Legal Oroup LLP f/k/a
Shapiro, DiCaro & Barak, LLC, attorneys for the Plaintiff, and upon any exhibits attached thereto;
and on all the pleadings, papers and proceedings heretofore had herein; and the Plaintiffs motion
having come on to be heard before this Court; and due deliberation having been had on all the
issues and matters raised therein; it is hereby
ORDERED, that the Plaintiffs motion is granted in all respects; and it is further
ORDERED, that pursuant to CPLR §§305(a), 3025(b), the Plaintiff is permitted to file a
Supplemental Summons and Amended Complaint and United States of America-
naming adding
U.S. Department of Justice as a necessary party defendant(s) herein, and then to effectuate service
13-029613 Order to Amend Sem-.ons and Complaint Page 1 of 3
of the Supplemental Summons and Amended Complaint upon the same, and the caption of this
action shall be so amended in all further proceedings herein; and it is further
ORDERED, that the Defendants U.S. District Court, be dropped from the action and the
caption amcñded accordingly, without prejudice to the proceedings heretofore had herein; and it
is further
ORDERED, that the caption of this action be amended by striking therefrom the
DOE"
Defendant sued herein as "JOHN without prejudice to the proceedings heretofore had
herein; and it is further
ORDERED, that the caption shall be amended to read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
X Index No. EC2020-31588
JPMorgan Chase Bank, National Association,
Plaintiff,
- against -
Amber R. Gentry-Zeno a/k/a Amber Zeno Gentry; United
States of America- U.S. Department of Justice,
Defendants.
X
and it is further;
13-029613 Order to Amend E:===a and Cc-i-.p Mrs Page 2 of 3
ORDERED, that the Plaintiff has demonstrated good cause pursuant to CPLR § 306-b
as such, the time for service of process upon United States of America- U.S. Department of
and,
Justice is extended for a period of 120 days after the of the Supplemental Summons and
filing
Amended Complaint herein.
Date:
Hon.
ENTER,
Attorney certification pursuant
to 22 NYCRR §l30-1.1-a
is affixed to inside cover.
13-029613 Order to Amend °:rre-- and C-=;!-l± Page 3 of3
ATTORNEY'S CERTIFICATION
I, Ellis M. Oster, am an attorney duly admitted to the practice of law in the State of New
York. I am an Associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the
attorneys for the Plaintiff, JPMorgan Chase Bank, National Association, in the above captioned
civil action.
I HEREBY CERTIFY, pursuant to § 130-1.1-a of the Rules of the Chief Administrator
(22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, that the presentation of the papers in this action checked
below, or the contentions therein, are not frivolous as defined in subsection (c) of § 130-1.1 of
the Rules of the Chief Administrator (22 NYCRR):
{ } Summons & Complaint
{ } Answer or Reply
{ } Attorney Affirmation
{X} Other: Order Amending Summons and Complaint
DATED: April 29, 2021 ________________________
Ellis M. Oster, Esq.
Senior Associate, Director of Litigation
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Preview
At an IAS Part __ of the Supreme Court of the State of New York, held in and for the County of Washington at the County in Fort New on _ Courthouse Edward, York the day of , 2021. Present: Honorable INDEX NO. EC2020-31588 JPMorgan Chase Bank, National Association Plaintiff, ORDER AMENDING - against - SUMMONS AND COMPLAINT Amber R. Gentry-Zeno a/k/a Amber Zeno Gentry; U.S. District Court, and "JOHN DOE", said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendant(s). ON the Smmv1ons and Complaint and Notice of Pendency of this action filed in the office of the Clerk of the County of Washington on March 4, 2020, and on Notice of Motion and Affirmation, dated April 29, 2021, of Ellis M. Oster, Esq. of LOGS Legal Oroup LLP f/k/a Shapiro, DiCaro & Barak, LLC, attorneys for the Plaintiff, and upon any exhibits attached thereto; and on all the pleadings, papers and proceedings heretofore had herein; and the Plaintiffs motion having come on to be heard before this Court; and due deliberation having been had on all the issues and matters raised therein; it is hereby ORDERED, that the Plaintiffs motion is granted in all respects; and it is further ORDERED, that pursuant to CPLR §§305(a), 3025(b), the Plaintiff is permitted to file a Supplemental Summons and Amended Complaint and United States of America- naming adding U.S. Department of Justice as a necessary party defendant(s) herein, and then to effectuate service 13-029613 Order to Amend Sem-.ons and Complaint Page 1 of 3 of the Supplemental Summons and Amended Complaint upon the same, and the caption of this action shall be so amended in all further proceedings herein; and it is further ORDERED, that the Defendants U.S. District Court, be dropped from the action and the caption amcñded accordingly, without prejudice to the proceedings heretofore had herein; and it is further ORDERED, that the caption of this action be amended by striking therefrom the DOE" Defendant sued herein as "JOHN without prejudice to the proceedings heretofore had herein; and it is further ORDERED, that the caption shall be amended to read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WASHINGTON X Index No. EC2020-31588 JPMorgan Chase Bank, National Association, Plaintiff, - against - Amber R. Gentry-Zeno a/k/a Amber Zeno Gentry; United States of America- U.S. Department of Justice, Defendants. X and it is further; 13-029613 Order to Amend E:===a and Cc-i-.p Mrs Page 2 of 3 ORDERED, that the Plaintiff has demonstrated good cause pursuant to CPLR § 306-b as such, the time for service of process upon United States of America- U.S. Department of and, Justice is extended for a period of 120 days after the of the Supplemental Summons and filing Amended Complaint herein. Date: Hon. ENTER, Attorney certification pursuant to 22 NYCRR §l30-1.1-a is affixed to inside cover. 13-029613 Order to Amend °:rre-- and C-=;!-l± Page 3 of3 ATTORNEY'S CERTIFICATION I, Ellis M. Oster, am an attorney duly admitted to the practice of law in the State of New York. I am an Associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff, JPMorgan Chase Bank, National Association, in the above captioned civil action. I HEREBY CERTIFY, pursuant to § 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the papers in this action checked below, or the contentions therein, are not frivolous as defined in subsection (c) of § 130-1.1 of the Rules of the Chief Administrator (22 NYCRR): { } Summons & Complaint { } Answer or Reply { } Attorney Affirmation {X} Other: Order Amending Summons and Complaint DATED: April 29, 2021 ________________________ Ellis M. Oster, Esq. Senior Associate, Director of Litigation LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380