On February 10, 2021 a
Motion-Secondary
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 10/04/2022 04:19 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 10/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
_ - - _ _ - _ - - - - - _ _ _ _ - _ - _ - x
THE BANK OF NEW YORK MELLON FKA THE BANK INDEX NO.: 004634/2017
OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2004-30CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-30CB,
Plaintiff(s), AFFIRMATION IN SUPPORT
OF ORDER FOR EXTENSION
OF TIME TO CONDUCT SALE
-against-
DUANE D. KINNON, EMPOWER FEDERAL CREDIT MORTGAGE PREMISES:
UNION, "JOHN DOE'', 4243 Sandbar Lane
Liverpool, NY 13090
Section: 58.1 Block: 2
Lot: 13.2
Defendant(s).
- - - - - - - - - - - - _ - - - - - - - _ x
Jacqueline K. Lamer, Esq., an attorney and counselor at law admitted
to practice before all the courts of the State of New York, respectfully
affirms the following under penalties of perjury and pursuant to CPLR
2106:
1. I am associated with LEOPOLD & ASSOCIATES, PLLC, the attorneys
of record for the Plaintiff in the within foreclosure action and as such
I am familiar with the proceedings heretofore had herein and the subject
foreclosure action.
2. This affirmation is submitted in support of Plaintiff's
motion, pursuant to CPLR § 2004, requesting the Court to extend the
sixty-day (60) period provided for by this court in the Judgment of
Foreclosure and Sale for the mortgaged premises to be sold under the
direction of the referee.
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FILED: ONONDAGA COUNTY CLERK 10/04/2022 04:19 PM INDEX NO. 004634/2017
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 10/04/2022
3. NY CPLR § 2004 provides that "Except where otherwise expressly
prescribed by law, the court may extend the time fixed by any statute,
rule or order for doing any act, upon such terms as may be just and upon
good cause shown, whether the application for extension is made before
fixed."
or after the expiration of the time
4. A Judgment of Foreclosure and Sale was granted in this action
on August 8, 2022.
5. Defendant Empower Federal Credit Union appeared in this action
by their attorney and waived service of all papers except notice of
application for Judgment of Foreclose and Sale, Notice of Sale, Referee's
Report of Sale and motion confirming same and Notice of Discontinuance.
Therefore, notice of this motion is not required.
6. A sale is scheduled for October 18, 2022, which is outside of
the sixty-day (60) window provided by the court.
7. No previous application has been made by this office for the
relief requested herein.
WHEREFORE, it is respectfully requested that the sixty-day (60)
period for the mortgaged premises to be sold under the direction of the
referee, in accordance with the Judgment of Foreclosure and Sale, be
extended, together with such other and further relief as to this Court
may seem just, equitable, and proper.
Dated: Armonk, New York
October 4 , 2 02 2 0
Jac .eli e K. Lamer, Esq.
At orne for the Plaintiff
Le p ld & Associates, PLLC
80 siness Park Drive, Suite 110
Armonk, NY 10504
(914)219-5787
2 of 2
Document Filed Date
October 04, 2022
Case Filing Date
February 10, 2021
Category
Real Property - Mortgage Foreclosure - Residential
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FILED: ONONDAGA COUNTY CLERK 10/04/2022 04:19 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 10/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA _ - - _ _ - _ - - - - - _ _ _ _ - _ - _ - x THE BANK OF NEW YORK MELLON FKA THE BANK INDEX NO.: 004634/2017 OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2004-30CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-30CB, Plaintiff(s), AFFIRMATION IN SUPPORT OF ORDER FOR EXTENSION OF TIME TO CONDUCT SALE -against- DUANE D. KINNON, EMPOWER FEDERAL CREDIT MORTGAGE PREMISES: UNION, "JOHN DOE'', 4243 Sandbar Lane Liverpool, NY 13090 Section: 58.1 Block: 2 Lot: 13.2 Defendant(s). - - - - - - - - - - - - _ - - - - - - - _ x Jacqueline K. Lamer, Esq., an attorney and counselor at law admitted to practice before all the courts of the State of New York, respectfully affirms the following under penalties of perjury and pursuant to CPLR 2106: 1. I am associated with LEOPOLD & ASSOCIATES, PLLC, the attorneys of record for the Plaintiff in the within foreclosure action and as such I am familiar with the proceedings heretofore had herein and the subject foreclosure action. 2. This affirmation is submitted in support of Plaintiff's motion, pursuant to CPLR § 2004, requesting the Court to extend the sixty-day (60) period provided for by this court in the Judgment of Foreclosure and Sale for the mortgaged premises to be sold under the direction of the referee. 1 of 2 FILED: ONONDAGA COUNTY CLERK 10/04/2022 04:19 PM INDEX NO. 004634/2017 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 10/04/2022 3. NY CPLR § 2004 provides that "Except where otherwise expressly prescribed by law, the court may extend the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown, whether the application for extension is made before fixed." or after the expiration of the time 4. A Judgment of Foreclosure and Sale was granted in this action on August 8, 2022. 5. Defendant Empower Federal Credit Union appeared in this action by their attorney and waived service of all papers except notice of application for Judgment of Foreclose and Sale, Notice of Sale, Referee's Report of Sale and motion confirming same and Notice of Discontinuance. Therefore, notice of this motion is not required. 6. A sale is scheduled for October 18, 2022, which is outside of the sixty-day (60) window provided by the court. 7. No previous application has been made by this office for the relief requested herein. WHEREFORE, it is respectfully requested that the sixty-day (60) period for the mortgaged premises to be sold under the direction of the referee, in accordance with the Judgment of Foreclosure and Sale, be extended, together with such other and further relief as to this Court may seem just, equitable, and proper. Dated: Armonk, New York October 4 , 2 02 2 0 Jac .eli e K. Lamer, Esq. At orne for the Plaintiff Le p ld & Associates, PLLC 80 siness Park Drive, Suite 110 Armonk, NY 10504 (914)219-5787 2 of 2