Preview
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
At an IAS Part of the Supreme Court
of the State of New York, held in and for the
County of Kings, at the Courthouse thereof,
located at 360 Adams Street, Brooklyn, NY
on the day of June, 2023.
P R E S E N T: HON:
Justice
--------------------------------------------------------------------X Index No. 508445/2010
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS INDENTURE TRUSTEE
ON BEHALF OF THE NOTEHOLDERS AND THE
NOTE INSURER OF ABFS MORTGAGE LOAN
TRUST 2000-4, ORDER TO
Plaintiff, SHOW CAUSE
- against -
THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE
OF LEROY BRODWITH, et al.,
Defendant.
_________________________________________--________________..__________Ç
UPON the annexed affirmation of JONATHAN DAVID BACHRACH, ESQ.,
attorney for THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH,
sworn to January 5, 2023, with exhibits, and upon all of the papers and proceedings
heretofore had herein,
LET Plaintiff THE BANK OF NEW YORK MELLON herein
SHOW CAUSE at Part , Room of the Supreme Court
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
of the State ofNew York, County of Kings at the Courthouse located at 360 Adams
Street, Brooklyn, NY on the day of June, 2023, or by Virtual Teams
'
Meeting on the day of June, 2023, at o'clock in the forenoon of that
day, or soon thereafter as counsel can be heard,
WHY an Order should not be entered:
(1) adjourning the Bank's motion number 10 seeking legal fees from June 3 to
June 25, 2023;
(2) granting Defendant such other and further relief as to this Court may seem
just and proper;
SUFFICIENT CAUSE HAVING BEEN ALLEGED THEREFOR, it is
hereby
ORDERED, thatpending the hearing of this motion, all proceedings herein are
hereby stayed; and it is further
ORDERED, that service on the Plaintiff Bank and all other parties to this
action of a copy of this Order and the papers upon which it is granted via NYSCEF
service the day of June, 2023, shall be deemed good and sufficient service
. J.S.C.
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------X In dex No. 508445/2015
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS INDENTURE TRUSTEE
ON BEHALF OF THE NOTEHOLDERS AND THE
NOTE INSURER OF ABFS MORTGAGE LOAN
TRUST 2000-4,
Plaintiff, AFFIRMATION IN
ORDER TO SHOW CAUSE
FOR ADJOURNMENT
- against -
THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE
OF LEROY BRODWITH, et al.,
Defendant.
_______________________________________________x
JONATHAN DAVID BACHRACH, an attorney duly admitted to practice
in the State of New York, affirms as true under penalty of perjury:
1. I am JONATHAN DAVID BACHRACH, ESQ., attorney for Theresa
Brodwith and the Estate of Leroy Brodwith in the above-captioned action, and I am
fully familiar with all the facts and circumstances hereinbefore had.
2. This Order to Show Cause seeks an order adjourning Plaintiff's Motion
Sequence #10 from June 3, 2023 to June 25,2023 for the reasons herein below set
forth.
3. Counsel for the Bank has courteously stated that the Bank does not
object to such adjournment.
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
STIPULATION TO ADJOURN FIRST TIME ON MOTION
DENIED BY COURT ADMINISTRATION
4. Indeed, counsel for the Bank courteously stipulated in writing to adjourn
it's motion Sequence 10 to June 11, 2023. See Stipulation attached Exhibit 1.
parties'
5. Since the motion was on for the first time, and the stipulation
timely filed, it seemed like purely ministerial, a certainty.
6. But unexpectedly, Steven Montesano, the Assistant Law Clerk to chief
Administrative Judge Knipel noticed the parties for a Team Conference.
7. In that conference, Montesano told us that the Court Administration
parties'
had instructed him to bar implementation ofthe stipulation because the Court
Administration did not want to give the Brodwith Family time to defendant itself in
this action.
8. Inasmuch as the Court has granted to Bank over FIVE THOUSAND
(5000) days of delay, it is totally in appropriate to deny the Brodwith Family a
couple of weeks to respond to a motion seeking money from the Brodwith Family.
9. Leroy Brodwith died in 2003.
10. It wasn't until 12 years later that the Bank did not commenced this
foreclosure viz. 2015 index number.
11. Thus , the Court initial permitted the Bank to delay and accrue default
interest for 4,380 days!
-2-
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
12. Then, the Kings Foreclosure Department falsely had Judge Dear
write a decision that the Brodwith Family had defaulted in answering the
complaint and therefore, was barred from discovery!
13. Supreme Court, Kings County (Noach Dear, J.), in a decision dated
December 6, 2018, denied the Brodwith Family's motion for discovery.
14. The Appellate Division, in a decision Kings Foreclosure Department
refuses to give effect to, on February 21, 2021 ruled Defendant Brodwith Family
had NOT defaulted. See App Div Decision of No Default dated February 10, 2021,
attached as Exhibit 2.
15. 723 days were used up in this action by the Bank due to the Kings
Foreclosure Department falsely claiming the Brodwith Family had defaulted and the
resultant appeal.
16. 4,380 days + 723 days equals aprox 5,103 days . that the Kings
Foreclosure Department the Kings Foreclosure Department has accorded the Bank.
17. Not to mention other delays granted the Bank since then. For example,
the Kings Foreclosure Department ordered the Brodwith Family to re-serve its
deposition notices, but has set no date for the Bank to appear.
CURRENT MOTION NON-EXIGENT
18. Now, the Bank made an extortionate motion to shut up the Brodwith
family, trying to make the Brodwith family pay the bank's legal fees!
-3-
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
19. This motion has nothing to do with moving the case forward, and
typically would be made at the end of the litigation.
20. The Kings Foreclosure Department is granting the Bank further -
delay
collecting interest at the default rate, by permitting the Bank to make this motion now
in the middle of he litigation.
21. In addition, the Kings Foreclosure Department is directly assisting the
Bank by blocking the Brodwith Family from effectively opposing the motion for
money. To help the Bank , the Kings Supreme Foreclosure Department will not give
the Brodwith Family adequate time to oppose it.
22. The parties stipulated to adjourn Bank's Motion Sequence 10 by some
20 days.
23. The motion was on for the first time.
24. Generally, the Kings Foreclosure Department will give effect to a joint
motion to adjourn a first-time-on motion.
25. , Steven Montesano, the Assistant Law Clerk to chief Administrative
Judge Knipel refused to give effect to that parties stipulation, saying that the Court
Administration had told him not to.
26. The Kings Foreclosure Department should have given effect to the parties
stipulation agreeing to adjourn a non-dispositive - FIRST TIME ON motion- a few
weeks adjournment.
-4-
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
27. It is further respectfully submitted that the Kings Foreclosure Department
having granted the Bank over 5,103 days of delay, i.e. nearly 15 years of delay, should
Family'
grant the Brodwith within request for adequate time to respond to the Bank's
motion for legal fees.
PERSONAL
28. According to the National Law Journal's 2022 NL J 500 ranking of firms
based on size, Plaintiff'S counsel Stradley Ronon has 203 attorneys and is ranked
203rd in the United States.
29. Its lengthy motion and law memo have had the luxury of months of
preparation by its 230 attorneys. (See attached Exhibit 3)
30. As Mr. Montesano knows, Defendant's counsel is a solo practitioner
with a heavy and demanding caseload. Other proceedings took up most of May.
31. As the Court well knows, the holidays of Shavous and Memorial Day
took up a large chunk of the few days the Kings Foreclosure Department permitted
to the Brodwith Family to defend itself.
WHEREFORE, for all the reasons herein above set forth, and because
Counsel for the Bank has courteously stated that the Bank does not object to such
adjournment, the Brodwith Family seeks an order adjourning Plaintiff's Motion
Sequence #10 from June 3, 2023 to June 25,2023 for the reasons herein below set
forth and granting Defendants such other and further relief as to this Court may seem
-5-
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
just
Dated: New York, New York
May 30, 2023
Respectfully submitted,
/s/ foestdae D, Fadee4ed
Jonathan D. Bachrach, Esq.
Attorney for Theresa Brodwith, Individually and as
Administratrix and Heir of the Estate of Leroy Brodwith
55 Water Street - 32nd Floor
New York, NY 10041
(212) 977-2400
CERTIFICATION OF WORD COUNT
Pursuant to Rule 33.1(h) of the Rules of this Court, the undersigned does hereby
certify that the accompanying Affirmation in Support of Motion contains 1057 words,
excluding the parts of the document that are exempted by Rule 33.1(d).
Dated: New York, NY
May 30, 2023
Respectfully Submitted,
-6-
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------X Index No. 508445/2015
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS INDENTURE TRUSTEE
ON BEHALF OF THE NOTEHOLDERS AND THE
NOTE INSURER OF ABFS MORTGAGE LOAN
TRUST 2000-4,
SUPPLEMENTAL
Plaintiff, AFFIRMATION IN
ORDER TO SHOW CAUSE
FOR ADJOURNMENT
- against -
THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE
OF LEROY BRODWITH, et al.,
Defendant.
-----------------------------------------------X
JONATHAN DAVID BACHRACH, an attorney duly admitted to practice
in the State of New York, affirms as true under penalty of perjury:
1. I am JONATHAN DAVID BACHRACH, ESQ., attorney for Theresa
Brodwith and the Estate of Leroy Brodwith in the above-captioned action, and I am
fully familiar with all the facts and circumstances hereinbefore had.
2. This Order to Show Cause seeks an order adjourning Plaintiff's Motion
Sequence #10 from June 3, 2023 to June 25,2023 because the Rules of the Kings
Supreme Court require the granting of such adjournment.
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
SOLELY IN ORDER TO PREJUDICE DEFENDANT,
THE COURT CONTRAVENED ITS OWN RULES
3. After the Bank served its Motion for Legal Fees, the Brodwith Family's
counsel and counsel for the Bank stipulated in writing to adjourn it's motion
Sequence 10 to June 11, 2023. See Stipulation attached Exhibit 1 to OSC papers.
4. The stipulation ofadjournment was duly andtimely filed with the Court.
5. The motion was on for the first time.
6. The Kings County Supreme Court Unciform Civil Term Rules provide
in part as follows:
PART C
Motions in IAS Parts
Motion Calendar Calls
Motion papers, answering affidavits, and reply affidavits must be served
on adversaries in accordance with CPLR 2214.
Irrespective of the return date indicated in the notice of motion, motions
will be rescheduled by the E-file/Motion Support Office to a date
designated by the assigned Judge.
All motions require appearances and oral argument.
Unless the Judge's Part Rules provide otherwise, motions may be
adjourned twice, on consent, without appearance, for a period not
to exceed sixty (60) days from the initial return date of the motion,
Adjournment of motions without appearance may be done by usage
of stipulation or affirmation submitted no later than the previous
workday,
-2-
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
(See copy of Rules, Part C attached Exhibit 4)
parties'
7. Because the stipulation was timely filed, the stipulated
adjournment, the adjournment was purely ministerial, a certainty.
8. But remarkably, the Court refused to give effect to is own published
rules that motions may be adjourned twice, on consent, without appearance, for a
period not to exceed sixty (60) days from the initial return date of the motion!
9. The parties had stipulated to an adjournment of only 27 days.
10. The appearance is created that the Court violated its own rules - in order
to impair the Brodwith Families right to defend itself against the Bank's frivolous and
racist claim for legal fees!
PART 57 VIOLATED ITS OWN RULES!
11. Part 57 Rules are attached as Exhibit 5. Part 57's Rules say:
"COURT WILL GRANT UP TO FOUR AD JOURNMENTS ON
CONSENT IF A FULLY EXECUTED STIPULATION IS
SUBMITTED"
When Mr. Montesano scheduled a Team Meeting in which to deny the adjournment
on consent, he said the denial was at the direction of the Administration which did
not want to give the Brodwith Family a sufficient opportunity to contest the Bank
motion to make the Brodwith Family pay Legal Fees.
12. Mr. Montesano did not say the stipulation was defective.
-3-
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015
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13. Mr. Montesano did not explain why the Administration was determined
to violate its own published FOUR (4) ADJOURNMENTS rule in order to block the
Brodwith Family from an adequate defense.
14. It cannot be denied: Part 57 violated its own rules. The appearance is
created that Part 57 denied the adjournment in order to impair the Brodwith Family's
right to defend itself against the Bank's frivolous and racist claim for legal fees!
CONCLUSION
15. This Court's own rules provide that "motions may be adjourned
twice, on consent".
16. Part 57's own Rules say that the "COURT WILL GRANT UP TO
FOUR ADJOURNMENTS ON CONSENT IF A FULLY EXECUTED
STIPULATION IS SUBMITTED".
17. Therefore, it is respectfully submitted that if the Court wishes to be
faithful to its own lawful rules, this Order to Show Cause for an ad journment
must be granted.
18. WHEREFORE, for all the reasons herein above set forth, and
because Counsel for the Bank has courteously stated that the Bank does not object
to such adjournment, the Brodwith Family seeks an order adjourning Plaintiff's
Motion Sequence #10 from June 3, 2023 to June 25,2023 for the reasons herein
-4-
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NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023
below set forth and granting Defendants such other and further relief as to this Court
may seem just
Dated: New
Preview
FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 At an IAS Part of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse thereof, located at 360 Adams Street, Brooklyn, NY on the day of June, 2023. P R E S E N T: HON: Justice --------------------------------------------------------------------X Index No. 508445/2010 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS AND THE NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4, ORDER TO Plaintiff, SHOW CAUSE - against - THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH, et al., Defendant. _________________________________________--________________..__________Ç UPON the annexed affirmation of JONATHAN DAVID BACHRACH, ESQ., attorney for THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH, sworn to January 5, 2023, with exhibits, and upon all of the papers and proceedings heretofore had herein, LET Plaintiff THE BANK OF NEW YORK MELLON herein SHOW CAUSE at Part , Room of the Supreme Court FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 of the State ofNew York, County of Kings at the Courthouse located at 360 Adams Street, Brooklyn, NY on the day of June, 2023, or by Virtual Teams ' Meeting on the day of June, 2023, at o'clock in the forenoon of that day, or soon thereafter as counsel can be heard, WHY an Order should not be entered: (1) adjourning the Bank's motion number 10 seeking legal fees from June 3 to June 25, 2023; (2) granting Defendant such other and further relief as to this Court may seem just and proper; SUFFICIENT CAUSE HAVING BEEN ALLEGED THEREFOR, it is hereby ORDERED, thatpending the hearing of this motion, all proceedings herein are hereby stayed; and it is further ORDERED, that service on the Plaintiff Bank and all other parties to this action of a copy of this Order and the papers upon which it is granted via NYSCEF service the day of June, 2023, shall be deemed good and sufficient service . J.S.C. FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------X In dex No. 508445/2015 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS AND THE NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4, Plaintiff, AFFIRMATION IN ORDER TO SHOW CAUSE FOR ADJOURNMENT - against - THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH, et al., Defendant. _______________________________________________x JONATHAN DAVID BACHRACH, an attorney duly admitted to practice in the State of New York, affirms as true under penalty of perjury: 1. I am JONATHAN DAVID BACHRACH, ESQ., attorney for Theresa Brodwith and the Estate of Leroy Brodwith in the above-captioned action, and I am fully familiar with all the facts and circumstances hereinbefore had. 2. This Order to Show Cause seeks an order adjourning Plaintiff's Motion Sequence #10 from June 3, 2023 to June 25,2023 for the reasons herein below set forth. 3. Counsel for the Bank has courteously stated that the Bank does not object to such adjournment. FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 STIPULATION TO ADJOURN FIRST TIME ON MOTION DENIED BY COURT ADMINISTRATION 4. Indeed, counsel for the Bank courteously stipulated in writing to adjourn it's motion Sequence 10 to June 11, 2023. See Stipulation attached Exhibit 1. parties' 5. Since the motion was on for the first time, and the stipulation timely filed, it seemed like purely ministerial, a certainty. 6. But unexpectedly, Steven Montesano, the Assistant Law Clerk to chief Administrative Judge Knipel noticed the parties for a Team Conference. 7. In that conference, Montesano told us that the Court Administration parties' had instructed him to bar implementation ofthe stipulation because the Court Administration did not want to give the Brodwith Family time to defendant itself in this action. 8. Inasmuch as the Court has granted to Bank over FIVE THOUSAND (5000) days of delay, it is totally in appropriate to deny the Brodwith Family a couple of weeks to respond to a motion seeking money from the Brodwith Family. 9. Leroy Brodwith died in 2003. 10. It wasn't until 12 years later that the Bank did not commenced this foreclosure viz. 2015 index number. 11. Thus , the Court initial permitted the Bank to delay and accrue default interest for 4,380 days! -2- FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 12. Then, the Kings Foreclosure Department falsely had Judge Dear write a decision that the Brodwith Family had defaulted in answering the complaint and therefore, was barred from discovery! 13. Supreme Court, Kings County (Noach Dear, J.), in a decision dated December 6, 2018, denied the Brodwith Family's motion for discovery. 14. The Appellate Division, in a decision Kings Foreclosure Department refuses to give effect to, on February 21, 2021 ruled Defendant Brodwith Family had NOT defaulted. See App Div Decision of No Default dated February 10, 2021, attached as Exhibit 2. 15. 723 days were used up in this action by the Bank due to the Kings Foreclosure Department falsely claiming the Brodwith Family had defaulted and the resultant appeal. 16. 4,380 days + 723 days equals aprox 5,103 days . that the Kings Foreclosure Department the Kings Foreclosure Department has accorded the Bank. 17. Not to mention other delays granted the Bank since then. For example, the Kings Foreclosure Department ordered the Brodwith Family to re-serve its deposition notices, but has set no date for the Bank to appear. CURRENT MOTION NON-EXIGENT 18. Now, the Bank made an extortionate motion to shut up the Brodwith family, trying to make the Brodwith family pay the bank's legal fees! -3- FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 19. This motion has nothing to do with moving the case forward, and typically would be made at the end of the litigation. 20. The Kings Foreclosure Department is granting the Bank further - delay collecting interest at the default rate, by permitting the Bank to make this motion now in the middle of he litigation. 21. In addition, the Kings Foreclosure Department is directly assisting the Bank by blocking the Brodwith Family from effectively opposing the motion for money. To help the Bank , the Kings Supreme Foreclosure Department will not give the Brodwith Family adequate time to oppose it. 22. The parties stipulated to adjourn Bank's Motion Sequence 10 by some 20 days. 23. The motion was on for the first time. 24. Generally, the Kings Foreclosure Department will give effect to a joint motion to adjourn a first-time-on motion. 25. , Steven Montesano, the Assistant Law Clerk to chief Administrative Judge Knipel refused to give effect to that parties stipulation, saying that the Court Administration had told him not to. 26. The Kings Foreclosure Department should have given effect to the parties stipulation agreeing to adjourn a non-dispositive - FIRST TIME ON motion- a few weeks adjournment. -4- FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 27. It is further respectfully submitted that the Kings Foreclosure Department having granted the Bank over 5,103 days of delay, i.e. nearly 15 years of delay, should Family' grant the Brodwith within request for adequate time to respond to the Bank's motion for legal fees. PERSONAL 28. According to the National Law Journal's 2022 NL J 500 ranking of firms based on size, Plaintiff'S counsel Stradley Ronon has 203 attorneys and is ranked 203rd in the United States. 29. Its lengthy motion and law memo have had the luxury of months of preparation by its 230 attorneys. (See attached Exhibit 3) 30. As Mr. Montesano knows, Defendant's counsel is a solo practitioner with a heavy and demanding caseload. Other proceedings took up most of May. 31. As the Court well knows, the holidays of Shavous and Memorial Day took up a large chunk of the few days the Kings Foreclosure Department permitted to the Brodwith Family to defend itself. WHEREFORE, for all the reasons herein above set forth, and because Counsel for the Bank has courteously stated that the Bank does not object to such adjournment, the Brodwith Family seeks an order adjourning Plaintiff's Motion Sequence #10 from June 3, 2023 to June 25,2023 for the reasons herein below set forth and granting Defendants such other and further relief as to this Court may seem -5- FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 just Dated: New York, New York May 30, 2023 Respectfully submitted, /s/ foestdae D, Fadee4ed Jonathan D. Bachrach, Esq. Attorney for Theresa Brodwith, Individually and as Administratrix and Heir of the Estate of Leroy Brodwith 55 Water Street - 32nd Floor New York, NY 10041 (212) 977-2400 CERTIFICATION OF WORD COUNT Pursuant to Rule 33.1(h) of the Rules of this Court, the undersigned does hereby certify that the accompanying Affirmation in Support of Motion contains 1057 words, excluding the parts of the document that are exempted by Rule 33.1(d). Dated: New York, NY May 30, 2023 Respectfully Submitted, -6- FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------X Index No. 508445/2015 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS AND THE NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4, SUPPLEMENTAL Plaintiff, AFFIRMATION IN ORDER TO SHOW CAUSE FOR ADJOURNMENT - against - THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH, et al., Defendant. -----------------------------------------------X JONATHAN DAVID BACHRACH, an attorney duly admitted to practice in the State of New York, affirms as true under penalty of perjury: 1. I am JONATHAN DAVID BACHRACH, ESQ., attorney for Theresa Brodwith and the Estate of Leroy Brodwith in the above-captioned action, and I am fully familiar with all the facts and circumstances hereinbefore had. 2. This Order to Show Cause seeks an order adjourning Plaintiff's Motion Sequence #10 from June 3, 2023 to June 25,2023 because the Rules of the Kings Supreme Court require the granting of such adjournment. FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 SOLELY IN ORDER TO PREJUDICE DEFENDANT, THE COURT CONTRAVENED ITS OWN RULES 3. After the Bank served its Motion for Legal Fees, the Brodwith Family's counsel and counsel for the Bank stipulated in writing to adjourn it's motion Sequence 10 to June 11, 2023. See Stipulation attached Exhibit 1 to OSC papers. 4. The stipulation ofadjournment was duly andtimely filed with the Court. 5. The motion was on for the first time. 6. The Kings County Supreme Court Unciform Civil Term Rules provide in part as follows: PART C Motions in IAS Parts Motion Calendar Calls Motion papers, answering affidavits, and reply affidavits must be served on adversaries in accordance with CPLR 2214. Irrespective of the return date indicated in the notice of motion, motions will be rescheduled by the E-file/Motion Support Office to a date designated by the assigned Judge. All motions require appearances and oral argument. Unless the Judge's Part Rules provide otherwise, motions may be adjourned twice, on consent, without appearance, for a period not to exceed sixty (60) days from the initial return date of the motion, Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous workday, -2- FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 (See copy of Rules, Part C attached Exhibit 4) parties' 7. Because the stipulation was timely filed, the stipulated adjournment, the adjournment was purely ministerial, a certainty. 8. But remarkably, the Court refused to give effect to is own published rules that motions may be adjourned twice, on consent, without appearance, for a period not to exceed sixty (60) days from the initial return date of the motion! 9. The parties had stipulated to an adjournment of only 27 days. 10. The appearance is created that the Court violated its own rules - in order to impair the Brodwith Families right to defend itself against the Bank's frivolous and racist claim for legal fees! PART 57 VIOLATED ITS OWN RULES! 11. Part 57 Rules are attached as Exhibit 5. Part 57's Rules say: "COURT WILL GRANT UP TO FOUR AD JOURNMENTS ON CONSENT IF A FULLY EXECUTED STIPULATION IS SUBMITTED" When Mr. Montesano scheduled a Team Meeting in which to deny the adjournment on consent, he said the denial was at the direction of the Administration which did not want to give the Brodwith Family a sufficient opportunity to contest the Bank motion to make the Brodwith Family pay Legal Fees. 12. Mr. Montesano did not say the stipulation was defective. -3- FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 13. Mr. Montesano did not explain why the Administration was determined to violate its own published FOUR (4) ADJOURNMENTS rule in order to block the Brodwith Family from an adequate defense. 14. It cannot be denied: Part 57 violated its own rules. The appearance is created that Part 57 denied the adjournment in order to impair the Brodwith Family's right to defend itself against the Bank's frivolous and racist claim for legal fees! CONCLUSION 15. This Court's own rules provide that "motions may be adjourned twice, on consent". 16. Part 57's own Rules say that the "COURT WILL GRANT UP TO FOUR ADJOURNMENTS ON CONSENT IF A FULLY EXECUTED STIPULATION IS SUBMITTED". 17. Therefore, it is respectfully submitted that if the Court wishes to be faithful to its own lawful rules, this Order to Show Cause for an ad journment must be granted. 18. WHEREFORE, for all the reasons herein above set forth, and because Counsel for the Bank has courteously stated that the Bank does not object to such adjournment, the Brodwith Family seeks an order adjourning Plaintiff's Motion Sequence #10 from June 3, 2023 to June 25,2023 for the reasons herein -4- FILED: KINGS COUNTY CLERK 06/04/2023 10:54 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 302 RECEIVED NYSCEF: 06/04/2023 below set forth and granting Defendants such other and further relief as to this Court may seem just Dated: New