Preview
At an IAS Term of the Supreme
Court of the State of New York
held in and for the County of
NASSAU at the Courthouse
thereof at 100 Supreme Ct Dr,
Mineola, NY 11501 on
.
PRESENT:
Honorable
Justice
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CALIBER HOME LOANS, INC., Index No.: 613093/2022
Plaintiff (s),
vs
SANIA S. DANIEL, 17 WARNER AVE INC., ORDER TO EXTEND TIME
ASHFAQ BHATTI, PEOPLE OF THE STATE OF NEW TO SERVE SUMMONS NUNC
YORK, UNKNOWN HEIRS OF JAMES WEBB if PRO TUNC, FOR SERVICE
living, and if he/she be dead, any and all BY PUBLICATION AND
persons unknown to plaintiff, claiming, APPOINTMENT OF
or who may claim to have an interest in, GUARDIAN AD LITEM
or general or specific lien upon the real
property described in this action; such MORTGAGED PREMISES:
unknown persons being herein generally 17 Warner Avenue,
described and intended to be included in Hempstead, NY 11550
wife, widow, husband, widower, heirs at
law, next of kin, descendants, executors, Section: 34
administrators, devisees, legatees, Block: 273
creditors, trustees, committees, lienors , Lot: 252
and assignees of such deceased, any and
all persons deriving interest in or lien
upon, or title to said real property by,
through or under them, or either of them,
and their respective wives, widows,
husbands, widowers, heirs at law, next of
kin, descendants, executors,
administrators, devisees, legatees,
creditors, trustees, committees, lienors,
and assigns, all of whom and whose names ,
except as stated, are unknown to
plaintiff, UNITED STATES OF AMERICA ON
BEHALF OF THE IRS, NASSAU COUNTY CLERK,
JOHN DOE (Those unknown tenants,
occupants, persons or corporations or
their heirs, distributees, executors,
administrators, trustees, guardians,
assignees, creditors or successors
claiming an interest in the mortgaged
premises.)
Defendant(s).
UPON the Summons, Complaint and Notice of Pendency of action
having a cause of action as specified in subdivision two at CPLR 314,
heretofore filed herein in the Office of the Clerk of the County of
NASSAU on September 29, 2022, for foreclosing a mortgage against
specific real property within this County and the State of New York,
and it appearing that there is a sufficient cause of action stated
therein against the Defendants, SANIA S. DANIEL, who is a necessary
party Defendants herein; and upon the annexed affirmation of Jason
Brooks, Esq. dated September 19, 2023, and upon the Affidavit of Due
Diligence of Cassandra Palmateer, copies of which are annexed, from
which it appears that the Defendant SANIA S. DANIEL cannot be served
personally within the State of New York, and Plaintiff having thereby
made proof to the Court's satisfaction that the location of said
Defendant or their personal representative cannot with due diligence
be ascertained and that the Plaintiff has been and will be unable in
the exercise of such due diligence to make personal service of the
Summons herein or by any other prescribed method on said Defendant
within the State;
NOW, on motion of Leopold & Associates, PLLC, attorneys for the
Plaintiff, it is hereby
ORDERED, that the Plaintiff be and hereby is granted leave to
issue, file and serve, where required, a Supplemental Summons, Amended
Complaint and Amended Notice of Pendency of action to amend the name
of defendant SANIA S. DANIEL to SANIA S. DANIEL, IF LIVING, AND IF
HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR
WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON
THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING
HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW,
HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS,
ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES,
LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING
INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH
OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS,
HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS,
ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES,
LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED,
ARE UNKNOWN TO PLAINTIFF, remove defendant UNKNOWN HEIRS OF JAMES WEBB
IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO
PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL
OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH
UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE
INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN,
DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS,
TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND
ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL
PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR
RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF
KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES,
CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND
WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF as a party
Defendants and that the caption of this action is hereby amended to
conform with caption, without prejudice to any of the proceedings
heretofore had herein; and it is further;
ORDERED, that service of the Supplemental Summons, Amended
Complaint and Amended Notice of Pendency in this action upon the
Defendant, SANIA S. DANIEL, IF LIVING, AND IF HE/SHE BE DEAD, ANY AND
ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE
AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY
DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY
DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER,
HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS,
DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND
ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN
OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM,
OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS,
WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS,
ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES,
LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED,
ARE UNKNOWN TO PLAINTIFF, be made by publication of said Supplemental
Summons in two (2) newspapers, at least one in the English language,
hereby designated as most likely to give notice to the said
Defendant(s), viz: in the published in NASSAU
County, State of New York and in the
published in NASSAU County, State of New York, once in each week of
four successive weeks, that the date of entry of this Order with the
county clerk shall be and is hereby deemed to be the date of granting
this Order for the purpose of compliance with CPLR § 316 (c); and it
is further
ORDERED, that the provision of CPLR 306-b is satisfied as long as
publication is made pursuant to this Order and proof thereof filed
within 120 days from the entry of this order; and it is further
ORDERED, that the first publication commence within ninety (90)
days of the entry of this order; and it is further
ORDERED, that the Supplemental Summons and Amended Complaint
herein be delivered on behalf of the said Defendant, who may be served
herein by publication pursuant to this Order, to
, counselor-at-law, with an address at
, who is hereby authorized,
empowered and designated to appear herein as Guardian Ad Litem and
Military Attorney on behalf of any of the said Defendants, who may be
absentees, infants or incompetents, or unknown successors in interest
of Defendants who may be deceased, or Defendants who may be in military
service, and to protect and defend interests of said Defendants in the
action upon filing his acknowledged consent and qualify affidavit; and
it is further
ORDERED, that said Guardian Ad Litem and Military Attorney shall
also act for said Defendants should they be in default or be in the
military service of the United States of America, and is hereby
authorized and appointed for the purpose of representing them and
protecting their interest in this action pursuant to the provisions of
Soldiers' Sailors'
the and Civil Relief Act and Military Law of 1940,
as supplemental, and the Military Laws of the State of New York; and
it is further
ORDERED, that with the first publication after the entry of this
order it be made together with a notice to the Defendants, a brief
statement of the nature of the action the relief sought, and the sum
of money for which judgment may be taken in case of default, and a
brief description of the property; and it is further
ORDERED, that pursuant to the provisions of CPLR §306-b the
Plaintiff's time in which to effect service of the supplemental summons
and amended complaint is extended 120 days from the entry of the Order;
and it is further
ORDERED, that any appointee named herein shall comply with Rule
36 of the Chief Judge and Section 35-a of the Judiciary Law of the
State of New York.
ORDERED that NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING be
substituted into the caption in the place and stead of Plaintiff, and,
following such substitution, that the Clerk of the Court amend the
docket and electronic docket accordingly; and it is further
ORDERED that the name of the defendant SANIA S. DANIEL be amended
to SANIA S. DANIEL, IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL
PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN
INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY
DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY
DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER,
HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS,
DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND
ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN
OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM,
OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS,
WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS,
ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES,
LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED,
ARE UNKNOWN TO PLAINTIFF; and it is further
ORDERED, that ANGELINA FUN be substituted into the caption in the
place and stead of JOHN DOE; and it is further
ORDERED that the action be discontinued as against only UNKNOWN
HEIRS OF JAMES WEBB IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL
PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN
INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY
DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY
DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER,
HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS,
DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND
ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN
OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM,
OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS,
WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS,
ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES,
LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED,
ARE UNKNOWN TO PLAINTIFF, as defendant is not a necessary party
defendant; and it is further
ORDERED that defendant UNKNOWN HEIRS OF JAMES WEBB IF LIVING, AND
IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING,
OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN
UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS
BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE,
WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS,
EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES,
COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL
PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL
PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR
RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF
KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS , DEVISEES, LEGATEES,
CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND
WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF be removed as
a party Defendant and all papers and proceedings heretofore filed
herein shall be deemed amended accordingly; it is further
ORDERED that the action be discontinued as against only NASSAU
COUNTY CLERK, as defendant is not a necessary party defendant; and it
is further
ORDERED that defendant NASSAU COUNTY CLERK be removed as a party
Defendant and all papers and proceedings heretofore filed herein shall
be deemed amended accordingly; it is further
ORDERED that the caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO.: 613093/2022
SERVICING,
Plaintiff (s) ,
-against-
SANIA S. DANIEL, if living, and if he/she MORTGAGED PREMISES:
be dead, any and all persons unknown to 17 Warner Avenue
plaintiff, claiming, or who may claim to Hempstead, NY 11550
have an interest in, or general or
specific lien upon the real property Section: 34
described in this action; such unknown Block: 273
persons being herein generally described Lot: 252
and intended to be included in wife,
widow, husband, widower, heirs at law,
next of kin, descendants, executors,
administrators, devisees, legatees,
creditors, trustees, committees, lienors,
and assignees of such deceased, any and
all persons deriving interest in or lien
upon, or title to said real property by,
through or under them, or either of them,
and their respective wives, widows,
husbands, widowers, heirs at law, next of
kin, descendants, executors,
administrators, devisees, legatees,
creditors, trustees, committees, lienors,
and assigns, all of whom and whose names,
except as stated, are unknown to
plaintiff, 17 WARNER AVE INC., ASHFAQ
BHATTI, PEOPLE OF THE STATE OF NEW YORK,
UNITED STATES OF AMERICA ON BEHALF OF THE
IRS, ANGELINA FUN,
Defendant(s).
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