On February 10, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Bank Of New York,
Bank Of New York Mellon,
Cwalt Inc,
and
Duane D Kinnon,
Empower Federal Credit Union,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 06/09/2022 04:39 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 06/09/2022
Exhibit Y
Letter withdrawing Motion
FILED: ONONDAGA COUNTY CLERK 06/09/2022 04:39 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 06/09/2022
LEOPOLD
C# ASSOCIATIES, PLLC
new vonmew aensey-cormeericur
V£NMONT" POW$YWANIA
VIA NYSCEF February 9, 2022
Hon. Joseph E. Lamendola
Onondaga County Supreme Court
401 Montegomery Street
Syracuse, New York 13202
Re: The Bank of New York Mellon v. Duane D. Kinnon,, et al.
Index No. 004634/217
Dear Justice Lamendola:
This firm represents the Plaintiff in the above-mentioned foreclosure matter. I write this
letter to provide additional information to be court before the motion date of February 10, 2022.
On or about October 5, 2021, this firm filed a motion for Judgment of Foreclosure and
Sale. On December 10, 2021 I appeared at a status conference on this matter. Jill Partridge
appeared for Defendant Empower Federal Credit Union. At the conference, Ms. Partridge
advised that she had heard from a realtor regarding a short sale that was allegedly approved by
my client. After the conference I reached out to the realtor regarding this short sale. I received a
call back from her on January 24, 2022, advising that an offer had been made on the property.
She sent me a contract of sale dated December 30, 2021. I advised the realtor of the next steps
and have not heard anything since.
At the status conference on December 10, 2021, it was agreed, that if the short sale does
not happen, an amended motion for Judgment of Foreclosure and Sale would be filed. Given
how recently I received a response on the short sale, the amended motion has not been filed, as
my client needs time to review, once everything is submitted to them.
At this time is it respectfully requested that the motion for Judgment of Foreclosure and
Sale, filed on October 5, 2021, be withdrawn. If the short sale does not get approved to move
forward, a new motion for Judgment of Foreclosure and Sale will be filed expeditiously.
Leopold & Associates, PLLC / 80 Business Park Drive, Suite 110 / Armonk, NY 10504
Tel: 914-219-5787 Ext. 106 / Fax: 914-206-4066
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FILED: ONONDAGA COUNTY CLERK 06/09/2022 04:39 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 06/09/2022
LEOPOLD
ff ASSOCIATES, PLLC
NEWYORK* NEWJ Ó5ÈY CONNÈCICUT
VEAMONT" MNNarwANIA
Should you have any further questions or requests, please do not hesitate to contact me
directly.
Very truly yours,
LEOPOLD & ASSOCIATES, LLC
Jac eline K. Lamer, Esq.
j ame @leopoldassociates.com
cc:
Amanda C. Shaw, Esq.
Jill Partridge, Esq.
Riehlman, Shafer & Shaw, LLC
Attorney for Defendant Empower Federal Credit Union
7693 Route 281
P.O. Box 544
Tully, NY 13159
(via NYSCEF)
Leopold & Associates, PLLC / 80 Business Park Drive, Suite 110 / Armonk, NY 10504
Tel: 914-219-5787 Ext. 106 / Fax: 914-206-4066
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Document Filed Date
June 09, 2022
Case Filing Date
February 10, 2021
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: ONONDAGA COUNTY CLERK 06/09/2022 04:39 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 06/09/2022 Exhibit Y Letter withdrawing Motion FILED: ONONDAGA COUNTY CLERK 06/09/2022 04:39 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 06/09/2022 LEOPOLD C# ASSOCIATIES, PLLC new vonmew aensey-cormeericur V£NMONT" POW$YWANIA VIA NYSCEF February 9, 2022 Hon. Joseph E. Lamendola Onondaga County Supreme Court 401 Montegomery Street Syracuse, New York 13202 Re: The Bank of New York Mellon v. Duane D. Kinnon,, et al. Index No. 004634/217 Dear Justice Lamendola: This firm represents the Plaintiff in the above-mentioned foreclosure matter. I write this letter to provide additional information to be court before the motion date of February 10, 2022. On or about October 5, 2021, this firm filed a motion for Judgment of Foreclosure and Sale. On December 10, 2021 I appeared at a status conference on this matter. Jill Partridge appeared for Defendant Empower Federal Credit Union. At the conference, Ms. Partridge advised that she had heard from a realtor regarding a short sale that was allegedly approved by my client. After the conference I reached out to the realtor regarding this short sale. I received a call back from her on January 24, 2022, advising that an offer had been made on the property. She sent me a contract of sale dated December 30, 2021. I advised the realtor of the next steps and have not heard anything since. At the status conference on December 10, 2021, it was agreed, that if the short sale does not happen, an amended motion for Judgment of Foreclosure and Sale would be filed. Given how recently I received a response on the short sale, the amended motion has not been filed, as my client needs time to review, once everything is submitted to them. At this time is it respectfully requested that the motion for Judgment of Foreclosure and Sale, filed on October 5, 2021, be withdrawn. If the short sale does not get approved to move forward, a new motion for Judgment of Foreclosure and Sale will be filed expeditiously. Leopold & Associates, PLLC / 80 Business Park Drive, Suite 110 / Armonk, NY 10504 Tel: 914-219-5787 Ext. 106 / Fax: 914-206-4066 THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FILED: ONONDAGA COUNTY CLERK 06/09/2022 04:39 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 06/09/2022 LEOPOLD ff ASSOCIATES, PLLC NEWYORK* NEWJ Ó5ÈY CONNÈCICUT VEAMONT" MNNarwANIA Should you have any further questions or requests, please do not hesitate to contact me directly. Very truly yours, LEOPOLD & ASSOCIATES, LLC Jac eline K. Lamer, Esq. j ame @leopoldassociates.com cc: Amanda C. Shaw, Esq. Jill Partridge, Esq. Riehlman, Shafer & Shaw, LLC Attorney for Defendant Empower Federal Credit Union 7693 Route 281 P.O. Box 544 Tully, NY 13159 (via NYSCEF) Leopold & Associates, PLLC / 80 Business Park Drive, Suite 110 / Armonk, NY 10504 Tel: 914-219-5787 Ext. 106 / Fax: 914-206-4066 THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.