On June 15, 2021 a
Motion-Secondary
was filed
involving a dispute between
U.S. Bank National Association, As Trustee For Bnc Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1,
and
Candice Lewis Administratrix To The Estate Of Perry Lewis,
Candice Lewis
Administratrix To The Estate Of Perry Lewis,
Clerk Of The Suffolk County District Court,
Clerk Of The Suffolk County Traffic & Parking Violations Agency,
Ge Capital Apo Lvnv Funding, Llc,
John Doe #1 Through John Doe #12, The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Subject Property Described In The Complaint,
John Doe #1 Through John Doe #12, The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Subject
Property Described In The Complaint,
Midland Funding Of Delaware, Llc Apo Citibank Usa, Na Dba In New York As Midland Funding, Llc,
Natasha Lewis A K A Natasha N. Lewis, Individually And As Guardian To Three,
Natasha Lewis
A K A Natasha N. Lewis, Individually And As Guardian To Three,
Quiana Lewis,
State Of New York,
Sunrun, Inc.,
Town Supervisor Of The Town Of Babylon,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Suffolk County.
Preview
At IAS Part of the Supreme Court of the
State ofNew York held in and for the County
of Suffolk, Suffolk County Courthouse, One
Court Street, Riverhead, NY 11901, on
. 2022.
Present: Hon.
ORDER APPOINTING
U.S. Bank National Association, as Trustee for BNC GUARDIAN AD LITEM
Mortgage Loan Trust 2007-1 Mortgage Pass-Through
Certificates, Series 2007-1, Index No. 611334/2021
SD&B File No.: 20-088634
Foreclosure of:
Plaintiff '
-against- 79 Westchester Avenue
West Babylon, NY 11704
District100 Section 137
Block3 Lot 80
Candice Lewis, Administratrix to the Estate of Perry Lewis;
Natasha Lewis a/k/a Natasha N. Lewis, Individually and as
Guardian to three (3) minor heirs of the Estate of Perry Lewis;
Quiana Lewis; Midland Funding of Delaware, LLC APO
Citibank USA, NA DBA in New York as Midland Funding,
LLC; GE Capital APO LVNV Funding, LLC; Sunrun, Inc.;
Town Supervisor of the Town of Babylon; Clerk of the
Suffolk County District Court; State of New York; Clerk of
the Suffolk County Traffic & Parking Violations Agency;, and
"JOHN DOE", said name being fictitious, it being the
intention of Plaintiff to designate any and all occupants of
premises being foreclosed herein, and any parties,
corporations or entities, if any, having or claiming an interest
or lien upon the mortgaged premises,
Defendants.
Upon the Summons, Complaint and Notice of Pendency of Action, heretofore filed herein
in the Office of the Clerk of the County of Suffolk, on June 15, 2021; and upon the annexed
affirmation of Brent A. Surgeoner dated March 23, 2022 from which it appears that the plaintiff is
20-088634 Order to Appoint Guardian Ati Litem Page 1 of 2
seeking the appointment of a Guardian ad Litem for three minor heirs of the Estate of Perry Lewis,
pursuant to NY CPLR Article 12;
Now, on motion of L OGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC,
attorneys for the Plaintiff, it is hereby
ORDERED, counselor-at-Law, whose address is
is hereby authorized, empowered and designated to appear herein as Guardian Ad Litem on behalf
of the three (3) minor heirs at law of the Estate of Perry Lewis, and to protect and defend the
interests of said minors in this action upon filing his/her acknowledged consent and qualifying
affidavit; and it is further.
ORDERED, that by accepting this appointment the Guardian ad Litem certifies that
he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCCR Part 36)
including Rule 36.2(c) ("Disqualifications from appointment") and Rule 36.2(d) ("Limitations on
appointments based upon compensation"); and it is further
ORDERED, that the Guardian ad Litem shall be paid a fee of $250 upon the filing of
his/her consent and notice of appearance in this matter, and may make a subsequent request for
additional fees, as warranted.
Date:
Hon.
ENTER,
Attorney certification pursuant
to 22 NYCRR §130-1.1-a
is affixed to inside cover.
20-088634 Order to Appoint Guardian Ad Litem Page 2 of2
ATTORNEY'S CERTIFICATION
I, Brent Surgeoner, am an attorney duly admitted to the practice of law in the State of
New York. I am an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC,
the attorneys for the Plaintiff, U.S. Bank National Association, as Trustee for BNC Mortgage
Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, in the above captioned
civil action.
I HEREBY CERTIFY, pursuant to §130-1.1-a of the Rules of the Chief Administrator (22
NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable
under the circumstances, that the presentation of the papers in this action checked below, or the
contentions therein, are not frivolous as defined in subsection (c) of §l30-1.1 of the Rules of the
Chief Administrator (22 NYCRR):
{ } Summons & Complaint
{ } Answer or Reply
{ } Attorney's Affirmation
{X} Other: Order to Appoint Guardian ad Litem
DATED: March 23. 2022
Brent Surgeoner, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP F/K/A
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
20-088634