Preview
FILED: ST. LAWRENCE COUNTY CLERK 09/11/2023 08:23 AM INDEX NO. EFCV-23-165147
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/08/2023
Gi^ 6 ft"\-
At aSpecial Term of the Supreme
Court of the State of New York
held in and for the County of
St. Lawrence, at the St. Lawrence
County Courthouse, Canton
New York, on the SPday
of ,2023
MaryM. Farlcy,L
PRESENT: HON. .C. Presiding
STATE OF NEW YORK: SUPREME COURT: COUNTY OF ST. LAWRENCE
ALLY BANK
ORDER TO
Plaintiff SHOW CAUSE
against
lndex No
Michael John Summers, Jr & Heidi L. Summers Wel*Y;
260 Lacomb Rd. 260 Lacomb Rd.
Norfolk, New York 1 3667 Norfolk, New York 1 3667
and "JOHN DOE" the name "John Doe" being Assigned Ju stice:
fictitious, the persons intended having possession
of the chattel described herein, Mary M. Farl ey, J.S.C.
Defendant(s) J.S.C.
Plaintiff, Ally Bank ("ALLY ) by its attorneys, Nesper, Ferber, DiGiacomo, Johnson &
Grimm, LLP, having moved this Court for an order to show cause why a further order should
not be issued directing the sheriff to seize the motor vehicle described herein, to break
open, enter and search for the motor vehicle described herein, and to immediately transfer
possession of such vehicle to Plaintiff.
NOW, on motion of Nesper, Ferber, DiGiacomo, Johnson & Grimm, LLP, and upon
the annexed Affidavit of Amber Gilbert, sworn to February 15, 2023, and the undertaking
herein it is hereby
ORDERED, that the Defendants appear before this Court at a Special
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{1{ rerm thereof, to be heldk t- Slt ,on
Crr,rrl'^rx , {9 6r,.0- st. ., Ca^|u , Nl )
glzz ,2023,a| /O Via
fin,
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1 of 2
FILED: ST. LAWRENCE COUNTY CLERK 09/11/2023 08:23 AM INDEX NO. EFCV-23-165147
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/08/2023
or as soon thereafter as counsel can be heard, to show cause why an order should not be
made and entered directing the sheriff to seize the following vehicle:
20'18 Chevrolet Tahoe, VIN: 1GNSKCKC6JR106792, VALUE $40,275.00.
which is the subject of the above-entitled action, and it is
ORDERED, that the attached undertaking in the amount of $80,550.00, is approved
as to form and sufficiency; and it is further
ORDERED, that a copy of this order to show cause, together with copies of the
papers upon which it was made, including the summons and complaint herein, be served
not less than five (5) days prior to the date hereof.
qfvlz"z3
al; &l- tJ-l J.S.C
M.
ENTER , ,.s.c.
@ /kt\ Ctunvl a-*a\ pcrhc-l *sil a.tvrt, 4^/-
CUfV C\e*- <,t-
Preview
FILED: ST. LAWRENCE COUNTY CLERK 09/11/2023 08:23 AM INDEX NO. EFCV-23-165147 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/08/2023 Gi^ 6 ft"\- At aSpecial Term of the Supreme Court of the State of New York held in and for the County of St. Lawrence, at the St. Lawrence County Courthouse, Canton New York, on the SPday of ,2023 MaryM. Farlcy,L PRESENT: HON. .C. Presiding STATE OF NEW YORK: SUPREME COURT: COUNTY OF ST. LAWRENCE ALLY BANK ORDER TO Plaintiff SHOW CAUSE against lndex No Michael John Summers, Jr & Heidi L. Summers Wel*Y; 260 Lacomb Rd. 260 Lacomb Rd. Norfolk, New York 1 3667 Norfolk, New York 1 3667 and "JOHN DOE" the name "John Doe" being Assigned Ju stice: fictitious, the persons intended having possession of the chattel described herein, Mary M. Farl ey, J.S.C. Defendant(s) J.S.C. Plaintiff, Ally Bank ("ALLY ) by its attorneys, Nesper, Ferber, DiGiacomo, Johnson & Grimm, LLP, having moved this Court for an order to show cause why a further order should not be issued directing the sheriff to seize the motor vehicle described herein, to break open, enter and search for the motor vehicle described herein, and to immediately transfer possession of such vehicle to Plaintiff. NOW, on motion of Nesper, Ferber, DiGiacomo, Johnson & Grimm, LLP, and upon the annexed Affidavit of Amber Gilbert, sworn to February 15, 2023, and the undertaking herein it is hereby ORDERED, that the Defendants appear before this Court at a Special nf h/J-\ 01) fxiJ-t.rtr [.r tfrcn s"fl- {1{ rerm thereof, to be heldk t- Slt ,on Crr,rrl'^rx , {9 6r,.0- st. ., Ca^|u , Nl ) glzz ,2023,a| /O Via fin, Cs.. r1.. S- ,) 1 of 2 FILED: ST. LAWRENCE COUNTY CLERK 09/11/2023 08:23 AM INDEX NO. EFCV-23-165147 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/08/2023 or as soon thereafter as counsel can be heard, to show cause why an order should not be made and entered directing the sheriff to seize the following vehicle: 20'18 Chevrolet Tahoe, VIN: 1GNSKCKC6JR106792, VALUE $40,275.00. which is the subject of the above-entitled action, and it is ORDERED, that the attached undertaking in the amount of $80,550.00, is approved as to form and sufficiency; and it is further ORDERED, that a copy of this order to show cause, together with copies of the papers upon which it was made, including the summons and complaint herein, be served not less than five (5) days prior to the date hereof. qfvlz"z3 al; &l- tJ-l J.S.C M. ENTER , ,.s.c. @ /kt\ Ctunvl a-*a\ pcrhc-l *sil a.tvrt, 4^/- CUfV C\e*- <,t-