On February 10, 2021 a
Letter,Correspondence
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.
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RIEHLMAN SHAFER AND SHAW, LLC
A T T O R N E Y S & C O U N SE L O R S AT LAW
creditors'rights LegalAssistants
AMANDA C.SHAW Specializing in NewsyA. Chapman
JILL M. PARTRIDGE AnneBlampied
JOEL I. ROSS 7693 Route 281, P O Box 544 LaureenE. Doody
Tully, New York 13159-0544 Jill R. Washburn
ZACHARY M. PRIMROSE(1983-2015) Tel: (315) 696-6347 RachaelM. Meixell
Alt Tel: (315) 696-5238 BrianneI- Bauey
Vickie M. Flanagan,Accounts/0ficeManager Fax: (315) 6%-0243
Charl n P r
MeghanK. Riese,SeniorLegalAsst./MarketingMgr. AleahFreeman
AndrewW. Fisher,AccountsSupervisor
ChristopherB. Chapman,AccountingManager AccountRenresentatives
DeborahA. White, SeniorRep.
Billie Jo Bushaw
CarlosF. Rivera
DonnaMulford
Via Electronic Filing Michelle C. Allen
November 5, 2021
Hon. Joseph E. Lamendola
Supreme Court Chambers
Onondaga County Courthouse
401 Montgomery Street, Room 313
Syracuse, New York 13202
Re: The Bank ofNew York Mellon vs. Duane D. Kinnon, et al.
Index No. 004634/2017
Dear Justice Lamendola:
Our firm represents defendant, Empower Federal Credit Union, the sole subordinate
mortgagee in the above-referenced foreclosure matter. Our firm mailed a notice of appearance
to plaintiff's attorneys on October 23, 2017 in which we requested, on behalf of our client, that
plaintiff include language in the judgment of foreclosure and sale directing the referee pay out
pursuant to RPAPL §1354(3). Since then, plaintiff substituted attorneys and the case was
converted to an e-file case. Our firm was never informed that the case had been converted and
our appearance was never recorded when this occurred. Therefore, we have not received notice
of any e-filed papers, including the motion to confirm the referee's report and judgment of
foreclosure and sale, filed by plaintiff on October 6, 2021 with a return date of November 4,
2021. While it appears that our client has been directly provided with some of the papers filed
by plaintiff, the motion for a judgment of foreclosure and sale was not one of them.
Our firm learned that this motion was pending on October 26, 2021, when our client
provided copies of papers they had received which had an e-filing stamp on them. I contacted
plaintifPs attorneys to inform them that we had not been served and indicated that I intended to
request an adjournment of the November 4, 2021 return date to allow time to file a motion
objecting to plaintiff's motion. Plaintiff's attorneys asked if the objection could be resolved by
a stipulation agreeing that the proposed order and judgment be amended to include the surplus
money language requested by defendant, Empower Federal Credit Union.
Empower / Kinnon
November 5, 2021
Page 2
On November 3, 2021, I received a stipulation with a copy of the amended proposed
order confirming referee report and judgment of foreclosure and sale, which was annexed to the
stipulation as Exhibit A. As Exhibit A contained a proposed judgment that included the
language that Empower is seeking, I signed the stipulation and returned it to plaintiff's attorneys
via email. The stipulation with Exhibit A was e-filed by plaintiff's attorneys on November 3,
2021. However, there was no other filing to make it clear to the Court that an amended proposed
order and judgment had been uploaded and it is my concern that the Court will not be on notice
that the amended order and judgment is being submitted for the Court's consideration.
Please advise if there are any additional steps I can take to ensure that the language
requested by Empower Federal Credit Union is considered by the Court before a final judgment
of foreclosure and sale is issued by the Court.
Thank you for the Court's courtesies.
e ectful submitte ,
Jill .
Document Filed Date
November 05, 2021
Case Filing Date
February 10, 2021
Category
Real Property - Mortgage Foreclosure - Residential
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RIEHLMAN SHAFER AND SHAW, LLC A T T O R N E Y S & C O U N SE L O R S AT LAW creditors'rights LegalAssistants AMANDA C.SHAW Specializing in NewsyA. Chapman JILL M. PARTRIDGE AnneBlampied JOEL I. ROSS 7693 Route 281, P O Box 544 LaureenE. Doody Tully, New York 13159-0544 Jill R. Washburn ZACHARY M. PRIMROSE(1983-2015) Tel: (315) 696-6347 RachaelM. Meixell Alt Tel: (315) 696-5238 BrianneI- Bauey Vickie M. Flanagan,Accounts/0ficeManager Fax: (315) 6%-0243 Charl n P r MeghanK. Riese,SeniorLegalAsst./MarketingMgr. AleahFreeman AndrewW. Fisher,AccountsSupervisor ChristopherB. Chapman,AccountingManager AccountRenresentatives DeborahA. White, SeniorRep. Billie Jo Bushaw CarlosF. Rivera DonnaMulford Via Electronic Filing Michelle C. Allen November 5, 2021 Hon. Joseph E. Lamendola Supreme Court Chambers Onondaga County Courthouse 401 Montgomery Street, Room 313 Syracuse, New York 13202 Re: The Bank ofNew York Mellon vs. Duane D. Kinnon, et al. Index No. 004634/2017 Dear Justice Lamendola: Our firm represents defendant, Empower Federal Credit Union, the sole subordinate mortgagee in the above-referenced foreclosure matter. Our firm mailed a notice of appearance to plaintiff's attorneys on October 23, 2017 in which we requested, on behalf of our client, that plaintiff include language in the judgment of foreclosure and sale directing the referee pay out pursuant to RPAPL §1354(3). Since then, plaintiff substituted attorneys and the case was converted to an e-file case. Our firm was never informed that the case had been converted and our appearance was never recorded when this occurred. Therefore, we have not received notice of any e-filed papers, including the motion to confirm the referee's report and judgment of foreclosure and sale, filed by plaintiff on October 6, 2021 with a return date of November 4, 2021. While it appears that our client has been directly provided with some of the papers filed by plaintiff, the motion for a judgment of foreclosure and sale was not one of them. Our firm learned that this motion was pending on October 26, 2021, when our client provided copies of papers they had received which had an e-filing stamp on them. I contacted plaintifPs attorneys to inform them that we had not been served and indicated that I intended to request an adjournment of the November 4, 2021 return date to allow time to file a motion objecting to plaintiff's motion. Plaintiff's attorneys asked if the objection could be resolved by a stipulation agreeing that the proposed order and judgment be amended to include the surplus money language requested by defendant, Empower Federal Credit Union. Empower / Kinnon November 5, 2021 Page 2 On November 3, 2021, I received a stipulation with a copy of the amended proposed order confirming referee report and judgment of foreclosure and sale, which was annexed to the stipulation as Exhibit A. As Exhibit A contained a proposed judgment that included the language that Empower is seeking, I signed the stipulation and returned it to plaintiff's attorneys via email. The stipulation with Exhibit A was e-filed by plaintiff's attorneys on November 3, 2021. However, there was no other filing to make it clear to the Court that an amended proposed order and judgment had been uploaded and it is my concern that the Court will not be on notice that the amended order and judgment is being submitted for the Court's consideration. Please advise if there are any additional steps I can take to ensure that the language requested by Empower Federal Credit Union is considered by the Court before a final judgment of foreclosure and sale is issued by the Court. Thank you for the Court's courtesies. e ectful submitte , Jill .