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
FILED: SUFFOLK COUNTY CLERK 03/29/2022 11:52 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
AFFIRMATION OF
U.S. Bank National Association, as Trustee for BNC ATTORNEY
Mortgage Loan Trust 2007-1 Mortgage Pass-Through
Certificates, Series 2007-1, Index No. 611334/2021
Premises:
79 Westchester Avenue
Plaintiff *
-againd- West Babylon, NY 11704
Candice Lewis, Administratrix to the Estate of Peny 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.
I, Brent Surgeoner, an attorney-at-law duly admitted to practice before the courts of the
State of New York do hereby affirm pursuant to CPLR §2106 that:
1. I am an associate of the law firm LOGS Legal Group LLP f/k/a Shapiro, DiCaro &
Barak, LLC, attorneys for the Plaintiff in the above-entitled action, and I am fully familiar with all
the facts underlying this action.
2. This action was brought to foreclose a modified mortgage held by the Plaintiff
covering the premises located at 79 Westchester Avenue, West Babylon, NY 11704 in the County
of Suffolk, State of New York, which mortgage is more particularly referred to in the Complaint
herein.
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FILED: SUFFOLK COUNTY CLERK 03/29/2022 11:52 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/29/2022
3. The Summons, Complaint and Notice of Pendency in this action were all duly filed
in the Suffolk County Clerk's Office on June 15, 2021. The Complaint demands judgment against
defendants and prays for the sale of the mortgaged property, and other relief, all as more fully set
forth therein. Copies of the Summons and Complaint are annexed hereto as Exhibit "A".
4. The original mortgagor and owner, Perry Lewis, died intestate on February 23,
2020. On April 28, 2021, the Hon. Theresa Whelan, Surrogate, issued a Decree Granting Letters
of Limited Administration which appointed Candice Lewis, as the Administrator of the Estate of
Perry Lewis. This Decree was filed in the Suffolk County Surrogate's Court under File Number
2020-4583. A copy of said Decree is annexed hereto as Exhibit "B". A review of the underlying
Petition and Surrogate Court filings revealed that Peny Lewis is survived by a wife, Natasha
Lewis, and five children, three of whom (with initials A.L., J.L., and L.L.) are identified as minors
in the Petition and supporting papers submitted to the Suffolk County Surrogate's Court under File
Number 2020-4583.
5. The mother and natural guardian of the three (3) minor heirs-at-law is Natasha
Lewis and she has been served with the pleadings with the two adult children/heirs-
herein, along
at-law of Perry Lewis. A copy of the affidavits of service is attached as Exhibit "C". The minor
heirs at law do not reside at the mortgaged premises.
6. Given their age, Plaintiff seeks the appointment of an appropriate person to serve
as Guardian ad Litem of the three (3) minor heirs-at-law of the deceased Perry Lewis.
7. Accordingly, Plaintiff makes this application pursuant to NY CPLR Section 1202
for the appointment of a Guardian Ad Litem to represent and protect the interests of the three (3)
minor heirs-at-law of the Estate of Perry Lewis in connection with this foreclosure action.
20-088634 Attorney AfHrmation Page 2 of 3
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FILED: SUFFOLK COUNTY CLERK 03/29/2022 11:52 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/29/2022
8. No previous application has been made for such an Order to this or any other
court.
9, All parties entitled to notice of this application, have been or will be served with
the within notice of motion.
10. All proceedings herein have been regular and in accordance with the rules and
practices of this court.
it is respectfully requested that this court grant plaintiffs application for
WHEREFORE,
an Order a suitable person to act as Guardian Ad Litem for the minor heirs at law of
designating
of Perry and to amend the caption of this action and provide for such other and
the Estate Lewis,
further relief as to the court seem just and proper
may
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
Amrmation Page 3 of 3
20-088634 Attorney
3 of 4
FILED: SUFFOLK COUNTY CLERK 03/29/2022 11:52 AM INDEX NO. 611334/2021
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/29/2022
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 §130-1.1 of the
Rules of the Chief Administrator (22 NYCRR):
{ } Summons & Complaint
{ } Answer or Reply
{X} Attorney's Affirmation of Regularity
{ } Other:
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 Attomey Affirmation Page 4 of 1
4 of 4
Preview
FILED: SUFFOLK COUNTY CLERK 03/29/2022 11:52 AM INDEX NO. 611334/2021 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK AFFIRMATION OF U.S. Bank National Association, as Trustee for BNC ATTORNEY Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Index No. 611334/2021 Premises: 79 Westchester Avenue Plaintiff * -againd- West Babylon, NY 11704 Candice Lewis, Administratrix to the Estate of Peny 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. I, Brent Surgeoner, an attorney-at-law duly admitted to practice before the courts of the State of New York do hereby affirm pursuant to CPLR §2106 that: 1. I am an associate of the law firm LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, attorneys for the Plaintiff in the above-entitled action, and I am fully familiar with all the facts underlying this action. 2. This action was brought to foreclose a modified mortgage held by the Plaintiff covering the premises located at 79 Westchester Avenue, West Babylon, NY 11704 in the County of Suffolk, State of New York, which mortgage is more particularly referred to in the Complaint herein. 20-088634 Attorney Affirmation Page 1 of 3 1 of 4 FILED: SUFFOLK COUNTY CLERK 03/29/2022 11:52 AM INDEX NO. 611334/2021 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/29/2022 3. The Summons, Complaint and Notice of Pendency in this action were all duly filed in the Suffolk County Clerk's Office on June 15, 2021. The Complaint demands judgment against defendants and prays for the sale of the mortgaged property, and other relief, all as more fully set forth therein. Copies of the Summons and Complaint are annexed hereto as Exhibit "A". 4. The original mortgagor and owner, Perry Lewis, died intestate on February 23, 2020. On April 28, 2021, the Hon. Theresa Whelan, Surrogate, issued a Decree Granting Letters of Limited Administration which appointed Candice Lewis, as the Administrator of the Estate of Perry Lewis. This Decree was filed in the Suffolk County Surrogate's Court under File Number 2020-4583. A copy of said Decree is annexed hereto as Exhibit "B". A review of the underlying Petition and Surrogate Court filings revealed that Peny Lewis is survived by a wife, Natasha Lewis, and five children, three of whom (with initials A.L., J.L., and L.L.) are identified as minors in the Petition and supporting papers submitted to the Suffolk County Surrogate's Court under File Number 2020-4583. 5. The mother and natural guardian of the three (3) minor heirs-at-law is Natasha Lewis and she has been served with the pleadings with the two adult children/heirs- herein, along at-law of Perry Lewis. A copy of the affidavits of service is attached as Exhibit "C". The minor heirs at law do not reside at the mortgaged premises. 6. Given their age, Plaintiff seeks the appointment of an appropriate person to serve as Guardian ad Litem of the three (3) minor heirs-at-law of the deceased Perry Lewis. 7. Accordingly, Plaintiff makes this application pursuant to NY CPLR Section 1202 for the appointment of a Guardian Ad Litem to represent and protect the interests of the three (3) minor heirs-at-law of the Estate of Perry Lewis in connection with this foreclosure action. 20-088634 Attorney AfHrmation Page 2 of 3 2 of 4 FILED: SUFFOLK COUNTY CLERK 03/29/2022 11:52 AM INDEX NO. 611334/2021 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/29/2022 8. No previous application has been made for such an Order to this or any other court. 9, All parties entitled to notice of this application, have been or will be served with the within notice of motion. 10. All proceedings herein have been regular and in accordance with the rules and practices of this court. it is respectfully requested that this court grant plaintiffs application for WHEREFORE, an Order a suitable person to act as Guardian Ad Litem for the minor heirs at law of designating of Perry and to amend the caption of this action and provide for such other and the Estate Lewis, further relief as to the court seem just and proper may 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 Amrmation Page 3 of 3 20-088634 Attorney 3 of 4 FILED: SUFFOLK COUNTY CLERK 03/29/2022 11:52 AM INDEX NO. 611334/2021 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/29/2022 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 §130-1.1 of the Rules of the Chief Administrator (22 NYCRR): { } Summons & Complaint { } Answer or Reply {X} Attorney's Affirmation of Regularity { } Other: 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 Attomey Affirmation Page 4 of 1 4 of 4