Motion-Secondary: Hof I Grantor Trust 5, v. Legacy Inv. & Management Group, Llc, Nelson Hernandez, Nys Department Of Taxation & Finance, Deedee Doe Last Name Refused

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                                FILED: NASSAU COUNTY CLERK 08/02/2023 12:29 PM                                INDEX NO. 613956/2020
NYSCEF DOC. NO. 101                                                     RECEIVED NYSCEF: 08/02/2023




                                                2 EIGHTH STREET

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                                              www.stim-warmuth.com


         PAULA]. WARMUTH                                                  TELEPHONE 631-732-2000
         GLENN P. WARMUTH                                                       FAX 631-732-2662

         JOSEPH D. STIM (1949-2003)


                 BY FAX: 516-493-3319 and NYSCEF

                 August .2, 2023

                 Foreclosure Motion Part
                 Nassau County Supreme Court
                 1 Court Street
                 100 Supreme Ct Drive
                 Mineola, NY 11501

                 RE:      HOF I Granter Trust - Legacy
                           613956/2020
                          Motion Sequences 2&3
                          Return Date: August 3, 2023

                 Greetings:

                 I represent 67 Park Lane Holding Corp.,              the winning
                 bidder at the foreclosure action.

                 I   write  to  object  to   the plaintiff's  letter
                 requesting: 1) to adjourn motion sequence #2 {which
                 seeks a permanent injunction preventing the closing
                 on the foreclosure auction); and to mark off and/or
                 adjourn motion sequence #3     {in which my client
                 opposes motion sequence #2, seeks to intervene and
                 seeks to compel the closing on the foreclosure
                 auction) .

                 Plaintiff's   counsel  falsely claims   that   motion
                 sequence #3 was filed in violation of a court
                 ordered stay.     The order annexed to plaintiff's
                 letter {which was never served on my client) does
                 not stay my client from doing anything.   The stay is
                 against   the plaintiff,    the defendant,   and the
                 referee.     There is nothing staying the winning
                 bidder:from doing anything.

                  Plaintiff's counsel fails to inform the Court that
                  she contacted me and asked me to consent to these


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FILED: NASSAU COUNTY CLERK 08/02/2023 12:29 PM                 INDEX NO. 613956/2020
NYSCEF DOC. NO. 101                                       RECEIVED NYSCEF: 08/02/2023




               August 2, 2023
               Foreclosure Motion Part
               page 2

               adjournments.  I told her that I would consent, if I
               were given the right to reply on motion sequence #3.

               Plaint1ff 's counsel wants an adjournment but she
               does not want to agree to give anything in return.
               My client is prejudiced by the proposed adjournment.
               My client has been waiting months to close on this
               foreclosure auction.    All the while, the plaintiff
               and the non-party movant (on motion sequence #2) are
               trying to make a back room deal to deprive my client
               of his rights without giving him notice or allowing
               him to'be heard.   The foreclosure sale purchaser is
               the equitable owner of the property and has a
               constitutionally   protected   property  right  that
               cannot be taken without due process.

               It must be noted that there is no motion pending to
               vacate the foreclosure auction or to vacate the
               judgment of foreclosure and sale.      There were no
               legitimate grounds to stay my client from closing
               and the ex-parte stay preventing the referee from
               closing with my client is prejudicing my client.

               I object to marking off my client's motion and
               opposifion to motion sequence #2.   I object to the
               adjournment requests, unless I am permitted to reply
               on motion sequence #3. My motion has a 2214 notice
               and if the motion is adjourned I should be permitted
               a reply.




               CC:       ---  TH/swi
                     Doris Barkhordar, Esq.
                     William James Fielding, Esq.
               blak-13'8

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