Motion-Secondary: Jpmorgan Chase Bank, National Association v. Jaime Umanzor, New York State Department Of Taxation And Finance, Ana Lucia Umanzor, Aqua Finance, Inc., Cupertino Umanzor, Karen Umanzor

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                                FILED: SUFFOLK COUNTY CLERK 07/14/2021 11:10 AM                                                  INDEX NO. 026816/2009
NYSCEF DOC. NO. 6                                                                        RECEIVED NYSCEF: 07/14/2021




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF SUFFOLK
          XCAJN018

           JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,                            Index No.: 026816/2009


                                                     Plaintiff,                  ATTORNEY
           -vs-                                                                  AFFIRMATION IN
                                                                                 SUPPORT OF
                                                                                 PLAINTIFF'S
           JAIME UMANZOR; NEW YORK STATE DEPARTMENT                              MOTION
           OF TAXATION AND FINANCE; ANA LUCIA UMANZOR;
           AQUA FINANCE, INC.; CUPERTINO UMANZOR; KAREN
           UMANZOR;



                                                    Defendants.



                  VICTOR SPINELLI, ESQ., pursuant to CPLR 2106 and under the penalties of perjury

          hereby, affirms as follows:

                  1. I am an attorney at law and an Associate with Fein, Such & Crane, LLP, the attorneys

          of record for the Plaintiff. I am fully familiar with the facts, court papers and proceedings of this

          action based upon a review of the file maintained in my office.

                  2. This residential mortgage foreclosure action was commenced by filing the summons,

          complaint and notice of pendency in the SUFFOLK County Clerk's office on July 17, 2009.

                  3. A judgment of foreclosure and sale entered on February 24, 2020. See copy of the

          judgment annexed hereto as Exhibit A.

                  4. A sale was scheduled for May 19, 2020, but was cancelled due to Covid-19 Pandemic

          Restrictions. The sale could not be rescheduled until Plaintiff complied with all Covid-19

          protocol which included converting this action to NYSCEF and notifying the mortgagors of the

          opportunity to submit a Covid-19 Hardship Declaration.

                  5. The property has been confirmed to be vacant and thus, Plaintiff is requesting that the

          Referee proceed with the sale.




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FILED: SUFFOLK COUNTY CLERK 07/14/2021 11:10 AM                                                  INDEX NO. 026816/2009
NYSCEF DOC. NO. 6                                                                        RECEIVED NYSCEF: 07/14/2021




                 6. It is well established, that when a party has trouble meeting time frames fixed by the

          Court, pursuant to CPLR §2004, “the court may extend the time fixed by any statute, rule or

          order for doing any act, upon such terms as may be just and upon good cause shown.”

                 7. Plaintiff respectfully requests that the Court find that the facts and circumstances as set

          forth herein show that there was good cause for not scheduling the sale sooner and that the

          Referee should be authorized to conduct the sale as soon as reasonably practical.

                 8. I hereby certify pursuant to 22 NYCRR 202.8-b(c) that the total number of words in

          this Attorney Affirmation complies with the word count limit.

                 WHEREFORE, Plaintiff requests and order from this Court modifying the judgment of

          foreclosure and sale by extending the time to proceed to sale.

                 Dated: July 14, 2021


                                                                  ___________________________________

                                                                              VICTOR SPINELLI, ESQ.
                                                                               Fein, Such & Crane, LLP
                                                                   1400 OLD COUNTRY ROAD STE 103N
                                                                              WESTBURY, NY 11590
                                                                               Telephone: 516/394-6921
                                                                                Our File #: XCAJN018




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