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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------------X Index No.: 705169/2021
F/K/A 1016/2012
ONEWEST BANK FSB,
Plaintiff, NOTICE OF SETTLEMENT
-against-
MORTGAGED PREMISES:
112 11 204TH STREET
CHARLES BARNWELL AS HEIR AND DISTRIBUTEE OF
ST ALBANS, NY 11412
THE ESTATE OF ZEPHANIAH BARNWELL, NATHAN
BARNWELL AS HEIR AND DISTRIBUTEE OF THE
ESTATE OF ZEPHANIAH BARNWELL, DIVINE L
BARNWELL A/K/A D1VINE ROBINSON AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH
BARNWELL if living, and if she/he be dead, any and all
persons unknown to plaintiff, claiming, or who may claim to
have an interest in, or general or specific lien upon the real
property described in this action; such unknown persons being
herein generally described and intended to be included in the
following designation, namely: the wife, widow, husband,
widower, heirs at law, next of kin, descendants, executors,
administrators, devisees, legatees, creditors, trustees,
committees, lienors, and assignees of such deceased, any and
all persons deriving interest in or lien upon, or title to said real
property by, through or under them, or either of them, and
their respective wives, widows, husbands, widowers, heirs at
law, next of kin, descendants, executors, administrators,
devisees, legatees, creditors, trustees, committees, lienors and
assigns, all of whom and whose names, except as stated, are
unknown to plaintiff, UNKNOWN HEIRS AND
DISTRIBUTEES OF THE ESTATE OF ZEPHANIAH
BARNWELL any and all persons unknown to plaintiff,
claiming, or who may claim to have an interest in, or general
or specific lien upon the real property described in this action;
such unknown persons being herein generally described and
intended to be included in the following designation, namely:
the wife, widow, husband, widower, heirs at law, next of kin,
descendants, executors, administrators, devisees, legatees,
and assignees of such +
creditors, trustees, committees, lienors,
deceased, any and all persons deriving interest in or lien upon,
or title to said real property by, through or under them, or
either of them, and their respective wives, widows, husbands,
widowers, heirs at law, next of kin, descendants, executors,
administrators, devisees, legatees, creditors, trustees,
IllIll 1111 1111111111111IRI1111111 U1111110111D1111H1IllIlllIIIll IIllllill IHillillll IHillI lH11111 lil
committees, lienors and assigns, all of whom and whose
names, except as stated, are unknown to plaintiff;
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT, PEOPLE OF THE STATE OF NEW
YORK, UNITED STATES OF AMERICA, CRIMINAL
COURT OF THE CITY OF NEW YORK, NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE
#1" #25,"
"JOHN DOE to "JOHN DOE said 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
premises, described in the complaint,
Defendant(s).
______------..__________..__________________________________.._Ç
SIRS:
Please Take Notice, that the annexed proposed Order Granting Plaintiff's application for
an Order Discontinuing Action and Cancelling Notice of Pendency will be presented at the
QUEENS County Supreme Court, located at 88-11 Sutphin Blvd. Jamaica, NY11435, on July
13, 2023 at 9:30 am before the Honorable Lourdes Ventura.
Dated: Westbury, NY
June 21, 2023
Robertson, Anschutz, Schneid,
Crane & Partne LLC
: luwatobi Adedokun, Esq.
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Phone:516-280-7675
TO:
MOIRE E. CASEY, ESQ.
GUARDIAN AD LITEM
42-24 235TH STREET
DOUGLASTON, NY 11363
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
271 CADMAN PLAZA EAST
BROOKLYN, NY 11201
PEOPLE OF THE STATE OF NEW YORK
300 MOTOR PARKWAY
HAUPPAUGE, NY 11788 .
UNITED STATES OF AMERICA
271 CADMAN PLAZA EAST
BROOKLYN , NY 11201
CRIMINAL COURT OF THE CITY OF NEW YORK-
25 BEAVER STREET
NEW YORK, NY 10004
NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE
W.A. HARRIMAN STATE CAMPUS - BLDG 9
ALBANY, NY 12227
ANNA BARNWELL, HEIR AT LAW, NEXT OF KIN AND DISTRIBUTEE OF THE
ESTATE OF ZEPHANIAH BARNWELL INSTEAD AND IN LIEU OF JOHN DOE 2
112 11 204TH STREET
ST ALBANS, NY 11412
JANET WRIGHT, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF
ZEPHANIAH BARNWELL
7623 SWORDFISH LANE #52
ORLANDO, FL 32822
NATHAN BARNWELL, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF
ZEPHANIAH BARNWELL
10237 215TH STREET
QUEENS VILLAGE, NY 11429
DIVINE L. BARNWELL, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF
ZEPHANIAH BARNWELL
309 BARE HILL ROAD
MALONE, NY 12953
At Term Part __ of the Supreme Court
of the State of New York held in and for the
County of QUEENS at the Courthouse, 88-11
Sutphin Boulevard, Jamaica, NY 11434 thereof
on the _ day of , 2023.
PRESENT:
Honorable
Justice
ORDER DISCONTINUING
ACTION AND CANCELLING
ONEWEST BANK FSB NOTICE OF PENDENCY
INDEX NO. 705169/2021
F/K/A 1016/2012
Plaintiff,
MORTGAGED PREMISES:
vs.
112 11 204TH STREET
ST ALBANS, NY 11412
CHARLES BARNWELL AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH
Block: 10980
BARNWELL, NATHAN BARNWELL AS HEIR AND
Lot: 25
DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH
BARNWELL, DIVINE L BARNWELL A/K/A DIVINE
ROBINSON AS HEIR AND DISTRIBUTEE OF THE
ESTATE OF ZEPHANIAH BARNWELL if living, and
if she/he be dead, any and all persons unknown to
plaintiff, claiming, or who may claim to have an interest
in, or general or specific lien upon the real property
described in this action; such unknown persons being
herein generally described and intended to be included in
the following designation, namely: the wife, widow,
husband, widower, heirs at law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors,
trustees, committees, lienors, and assignees of such
deceased, any and all persons deriving interest in or lien
upon, or title to said real property by, through or under
them, or either of them, and their respective wives,
widows, husbands, widowers, heirs at law, next of kin,
descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, lienors and
assigns, all of whom and whose names, except as stated,
are unknown to plaintiff, UNKNOWN HEIRS AND
DISTRIBUTEES OF THE ESTATE OF ZEPHANIAH
BARNWELL any and all persons unknown to plaintiff,
claiming, or who may claim to have an interest in, or
lllllllllll111111111111111111111111111111111 lllll11111111111111111llll1111111111111111111111111
llllll11llllll111111111111111111llIll
16-195920 - BeM
general or specific lien upon the real described
property
in this action; such unknown persons herein
being
generally described and intended to be included in the
following designation, namely: the wife, widow,
husband, widower, heirs at law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors,
trustees, committees, lienors, and assignees of such
deceased, any and all persons deriving interest in or lien
upon, or title to said real property by, through or under
them, or either of them, and their respective wives,
widows, husbands, widowers, heirs at law, next of kin,
descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, lienors and
assigns, all of whom and whose names, except as stated,
are unknown to plaintiff;
#1" #25,"
"JOHN DOE to "JOHN DOE said 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 premises, described in the complaint,
Defendants.
On the notice of motion and affirmation of ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC, Oluwatobi Adedokun, Esq., attorneys of record for Plaintiff,
and after due deliberation, the court issued a memorandum decision dated June 7, 2023, wherein
the motion was granted without opposition and it was directed that an order be submitted, it is
ORDERED, that the above captioned action is hereby discontinued without costs to either
party, and it is further
ORDERED, that the County Clerk of Queens County is directed upon the payment of
proper fees by plaintiff, if any, to cancel and discharge certain Notices of Pendency filed in this
action on April 25, 2017 against property known as Block 10980 Lot 25, and also know 112-11
204th
Street, St. Albans, NY 11412 and said Clerk is directed to enter upon the margin of the record
of the same a Notice of Cancellation referring to this order; and it is further
16-195920 - BeM
ORDERED, that the Guardian Ad Litem appointed herein be and hereby is relieved and
discharged of any and all obligations and requirements thereunder; and it is further
ORDERED, that the Plaintiff serve a copy of this Order with Notice of Entry upon the
defendants, the Guardian Ad Litem and upon the Clerk of the County of Queens within 30 days of
entry.
J.S.C.
16-195920 - BeM
.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ONEWEST BANK FSB, INDEX NO. 705169/2021
F/K/A 1016/2012
Plaintiff,
vs.
AFFIRMATION
NATHAN BARNWELL, et al OF SERVICE
Defendants.
Oluwatobi Adedokun, Esq., an attorney duly admitted to practice law before the Courts
of the State of New York, affirms under the penalty of perjury:
1. I am an associate with the law firm of Robertson, Anschutz, Schneid, Crane &
Partners, PLLC ("RAS"), attorneys for the Plaintiff, in this foreclosure action. In my capacity as
RAS'
an associate of RAS, I have access to business records, including the records of mailings
associated with the above captioned case ("Mailing Records").
2. I make this affirmation based upon my review of the Mailing Records, and from
my own personal knowledge of how they are kept and maintained. The Mailing Records are (i)
created by RAS in the ordinary course of its business; (ii) are made at or about the time of the
mailings; (iii) by a person with actual knowledge of the mailings, or from information
transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course
of business for RAS to keep and maintain such Mailing Records.
3. The Mailing Records include a computer generated record of mailings for each
History."
case entitled the "Document Send Out When any documents associated with a case are
served by mail to a party, an entry is made in the Document Send Out History indicating what
was mailed, the date of mailing, and the name and address to which the mail was sent. The
relevant portion of the Document Send Out History for the above captioned case is annexed
16-195920 - BeM
hereto as Exhibit "A". I personally reviewed the Document Send Out History and confirmed
"A"
that Exhibit is a true and accurate printout of the relevant portion of the Document Send Out
History. The entries in the Document Send Out History were (i). created in the ordinary course of
business; (ii) made at or about the time of the mailings; (iii) by a person with actual knowledge
of the mailings, or from information transmitted by a person with actual knowledge of the
mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such
Mailing Records.
4. My review of the Document Send Out History reveals that on June 22, 2023 a
copy of the Notice of Settlement was served upon the following parties by depositing a true copy
of same enclosed in a post-paid wrapper, addressed to the address designated for the service of
papers or to the last known address if no such address has been so in a post office-
designated,
official depository under the exclusive care and custody of the United States Postal Service as
follows:
TO:
MOIRE E. CASEY, ESQ.
GUARDIAN AD LITEM
42-24 235TH STREET
DOUGLASTON, NY 11363
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
271 CADMAN PLAZA EAST
BROOKLYN, NY 11201
PEOPLE OF THE STATE OF NEW YORK
300 MOTOR PARKWAY
HAUPPAUGE, NY 11788
UNITED STATES OF AMERICA
271CADMAN PLAZA EAST
BROOKLYN , NY 11201
16-195920 - BeM
CRIMINAL COURT OF THE CITY OF NEW YORK-
25 BEAVER STREET
NEW YORK, NY 10004
NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE
W.A. HARRIMAN STATE CAMPUS - BLDG 9
ALBANY, NY 12227
ANNA BARNWELL, HEIR AT LAW, NEXT OF KIN AND DISTRIBUTEE OF THE
ESTATE OF ZEPHANIAH BARNWELL INSTEAD AND IN LIEU OF JOHN DOE 2
112 11 204TH STREET
ST ALBANS, NY 11412
JANET WRIGHT, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF
ZEPHANIAH BARNWELL
7623 SWORDFISH LANE #52
ORLANDO, FL 32822
NATHAN BARNWELL, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF
ZEPHANIAH BARNWELL
10237 215TH STREET
QUEENS VILLAGE, NY 11429
DIVINE L. BARNWELL, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF
ZEPHANIAH BARNWELL
309 BARE HILL ROAD
MALONE, NY 12953
Dated: June 22, 2023 Robertson, Anschutz, Schneid, Crane &
Partners, P
duwatobi Adedokun, Esq.
ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC
Attorney for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
Facsimile: 516-280-7674
Service Email: mail@rasig.com
Westbury, NY 11590
Phone: 516-280-7675
16-195920 - BeM
"A"
EXHIBIT
Document Date Sent Defendant Address Notes
Notice of Settlement 6/22/2023 MOlRE E. CASEY, ESQ. 42-24 235TH STREET, Items Were Sent Out
9:12 GUARDIAN AD LITEM DOUGLASTON NY By Mail On Date:
11363 6/22/2023 10:38:43
AM
Notice of Settlement 6/22/2023 NEW YORK STATE W.A. HARRIMAN items Were Sent Out
9:12 CAMPUS -
DEPARTMENT OF TAXATION & STATE By Mail On Date:
FINANCE BLDG 9, ALBANY NY 6/22/2023 10:37:59
12227 AM
Notice of Settlement 6/22/2023 UNITED STATES OF AMERICA 271 CADMAN PLAZA Items Were Sent Out
9:12 EAST, BROOKLYN NY By Mail On Date:
11201 6/22/2023 10:37:13
AM
Notice of Settlement 6/22/2023 PEOPLE OF THE STATE OF 300 MOTOR Items Were Sent O-ut
9:12 NEW YORK PARKWAY, By Mail On Date:
HAUPPAUGE NY 11788 6/22/2023 10:36:28
AM
Notice of Settlement 6/22/2023 CRIMINAL COURT OF THE CITY 25 BEAVER STREET, Items Were Sent Out
9:12 OF NEW YORK- NEW YORK NY 10004 By Mail On Date:
6/22/2023 10:35:43
AM
Notice of Settlement 6/22/2023 DIVINE L. BARNWELL, AS HEIR 309 BARE HILL ROAD, Items Were Sent Out
9:12 AND DISTRIBUTEE TO THE MALONE NY 12953 By Mail On Date:
ESTATE OF ZEPHANIAH 6/22/2023 10:34:51
BARNWELL AM
Notice of Settlement 6/22/2023 NATHAN BARNWELL, AS HEIR 10237 215TH STREET, Items Were Sent Out
9:12 AND DISTRIBUTEE TO THE QUEENS VILLAGE NY By Mail On Date:
ESTATE OF ZEPHANIAH 11429 6/22/2023 10:34:06
BARNWELL AM
Notice of Settlement 6/22/2023 JANET WRIGHT, AS HEIR AND 112 11 204th Street, St Items Were Sent Out
9:12 DISTRIBUTEE TO THE ESTATE Albans NY 11412 By Mail On Date:
OF ZEPHANIAH BARNWELL 6/22/2023 10:33:22
AM
16-195920 - BeM
Notice of Settlement 6/22/2023 ANNA BARNWELL, HElR AT 112 11 204th Street, St Items Were Sent Out
9:12 LAW, NEXT OF KIN AND Albans NY 11412 By Mail On Date:
DISTRIBUTEE OF THE ESTATE 6/22/2023 10:32:37
OF ZEPHANIAH BARNWELL AM
INSTEAD AND IN LIEU OF
JOHN DOE 2
Notice of Settlement 6/22/2023 SECRETARY OF HOUSING AND 271 CADMAN PLAZA Items Were Sent Out
9:12 URBAN DEVELOPMENT EAST, BROOKLYN NY By Mail On Date:
11201 6/22/2023 10:31:52
AM
_. .. ..
16-195920 - BeM
SUPREME COURT OF THE STATE OF NEW YORK
Index No.: 705169/2021 F/K/A 1016/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF Queens
ONEWEST BANK FSB,
PLAINTIFF,
- AGAINST - ·
NATHAN BARNWELL, et al.
DEFENDANTS.
Notice of Settlement
Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorneys for Plaintif
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Phone:516-280-7675
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/14/2023
SHORT FORM ORDER
SUPREME COURT OF THE STATE OF NEW YORK - QUEENS COUNTY
Present: HONORABLE LOURDES M. VENTURA, J.S.C. IAS Part 37
___________________________________________________________________________Ç
ONEWEST BANK FSB, Index
Number: 705169/2021
Plaintiff(s),
-against- Motion
Date: June 5, 2023
CHARLES BARNWELL AS HEIR AND DISTRIBUTEE OF
Motion
THE ESTATE OF ZEPHANIAH BARNWELL, NATHAN
Seq. No.:
BARNWELL AS HEIR AND DISTRIBUTEE OF THE
ESTATE OF ZEPHANIAH BARNWELL, DIVINE L
BARNWELL A/K/A DIVINE ROBINSON AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH
BARNWELL if living, and if she/he be dead, any and all FILED
persons unknown to plaintiff claiming, or who may claim to
6/14/2023
ygg
have an interest in, or general or specific lien upon the real
COUNTY CLERK
property described in this action; such unknown persons being QUEENS CO
NTY,
herein generally described and intended to be included in the
following designation, namely: the wife, widow, husband,
widower, heirs at law, next of kin, descendants, executors,
administrators, devisees, legatees, creditors, trustees,
committees, lienors, and assignees of such deceased, any and all
persons deriving interest in or lien upon, or title to said real
property by, through or under them, or either of them, and their
respective wives, widows, husbands, widowers, heirs at law,
next of kin, descendants, executors, administrators, devisees,
legatees, creditors, trustees, committees, lienors and assigns, all
of whom and whose names, except as stated, are unknown to
plaintiff UNKNOWN HEIRS AND DISTRIBUTEES OF THE
ESTATE OF ZEPHANIAH BARNWELL any and all persons
unknown to plaintiff claiming, or who may claim to have an
interest in, or general or specific lien upon the real property
described in this action; such unknown persons being herein
generally described and intended to be included in the following
designation, namely: the wife, widow, husband, widower, h
Preview
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------X Index No.: 705169/2021 F/K/A 1016/2012 ONEWEST BANK FSB, Plaintiff, NOTICE OF SETTLEMENT -against- MORTGAGED PREMISES: 112 11 204TH STREET CHARLES BARNWELL AS HEIR AND DISTRIBUTEE OF ST ALBANS, NY 11412 THE ESTATE OF ZEPHANIAH BARNWELL, NATHAN BARNWELL AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH BARNWELL, DIVINE L BARNWELL A/K/A D1VINE ROBINSON AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH BARNWELL if living, and if she/he be dead, any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff, UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF ZEPHANIAH BARNWELL any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, and assignees of such + creditors, trustees, committees, lienors, deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, IllIll 1111 1111111111111IRI1111111 U1111110111D1111H1IllIlllIIIll IIllllill IHillillll IHillI lH11111 lil committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff; SECRETARY OF HOUSING AND URBAN DEVELOPMENT, PEOPLE OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, CRIMINAL COURT OF THE CITY OF NEW YORK, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE #1" #25," "JOHN DOE to "JOHN DOE said 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 premises, described in the complaint, Defendant(s). ______------..__________..__________________________________.._Ç SIRS: Please Take Notice, that the annexed proposed Order Granting Plaintiff's application for an Order Discontinuing Action and Cancelling Notice of Pendency will be presented at the QUEENS County Supreme Court, located at 88-11 Sutphin Blvd. Jamaica, NY11435, on July 13, 2023 at 9:30 am before the Honorable Lourdes Ventura. Dated: Westbury, NY June 21, 2023 Robertson, Anschutz, Schneid, Crane & Partne LLC : luwatobi Adedokun, Esq. Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Phone:516-280-7675 TO: MOIRE E. CASEY, ESQ. GUARDIAN AD LITEM 42-24 235TH STREET DOUGLASTON, NY 11363 SECRETARY OF HOUSING AND URBAN DEVELOPMENT 271 CADMAN PLAZA EAST BROOKLYN, NY 11201 PEOPLE OF THE STATE OF NEW YORK 300 MOTOR PARKWAY HAUPPAUGE, NY 11788 . UNITED STATES OF AMERICA 271 CADMAN PLAZA EAST BROOKLYN , NY 11201 CRIMINAL COURT OF THE CITY OF NEW YORK- 25 BEAVER STREET NEW YORK, NY 10004 NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE W.A. HARRIMAN STATE CAMPUS - BLDG 9 ALBANY, NY 12227 ANNA BARNWELL, HEIR AT LAW, NEXT OF KIN AND DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH BARNWELL INSTEAD AND IN LIEU OF JOHN DOE 2 112 11 204TH STREET ST ALBANS, NY 11412 JANET WRIGHT, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF ZEPHANIAH BARNWELL 7623 SWORDFISH LANE #52 ORLANDO, FL 32822 NATHAN BARNWELL, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF ZEPHANIAH BARNWELL 10237 215TH STREET QUEENS VILLAGE, NY 11429 DIVINE L. BARNWELL, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF ZEPHANIAH BARNWELL 309 BARE HILL ROAD MALONE, NY 12953 At Term Part __ of the Supreme Court of the State of New York held in and for the County of QUEENS at the Courthouse, 88-11 Sutphin Boulevard, Jamaica, NY 11434 thereof on the _ day of , 2023. PRESENT: Honorable Justice ORDER DISCONTINUING ACTION AND CANCELLING ONEWEST BANK FSB NOTICE OF PENDENCY INDEX NO. 705169/2021 F/K/A 1016/2012 Plaintiff, MORTGAGED PREMISES: vs. 112 11 204TH STREET ST ALBANS, NY 11412 CHARLES BARNWELL AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH Block: 10980 BARNWELL, NATHAN BARNWELL AS HEIR AND Lot: 25 DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH BARNWELL, DIVINE L BARNWELL A/K/A DIVINE ROBINSON AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH BARNWELL if living, and if she/he be dead, any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff, UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF ZEPHANIAH BARNWELL any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or lllllllllll111111111111111111111111111111111 lllll11111111111111111llll1111111111111111111111111 llllll11llllll111111111111111111llIll 16-195920 - BeM general or specific lien upon the real described property in this action; such unknown persons herein being generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff; #1" #25," "JOHN DOE to "JOHN DOE said 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 premises, described in the complaint, Defendants. On the notice of motion and affirmation of ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC, Oluwatobi Adedokun, Esq., attorneys of record for Plaintiff, and after due deliberation, the court issued a memorandum decision dated June 7, 2023, wherein the motion was granted without opposition and it was directed that an order be submitted, it is ORDERED, that the above captioned action is hereby discontinued without costs to either party, and it is further ORDERED, that the County Clerk of Queens County is directed upon the payment of proper fees by plaintiff, if any, to cancel and discharge certain Notices of Pendency filed in this action on April 25, 2017 against property known as Block 10980 Lot 25, and also know 112-11 204th Street, St. Albans, NY 11412 and said Clerk is directed to enter upon the margin of the record of the same a Notice of Cancellation referring to this order; and it is further 16-195920 - BeM ORDERED, that the Guardian Ad Litem appointed herein be and hereby is relieved and discharged of any and all obligations and requirements thereunder; and it is further ORDERED, that the Plaintiff serve a copy of this Order with Notice of Entry upon the defendants, the Guardian Ad Litem and upon the Clerk of the County of Queens within 30 days of entry. J.S.C. 16-195920 - BeM . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ONEWEST BANK FSB, INDEX NO. 705169/2021 F/K/A 1016/2012 Plaintiff, vs. AFFIRMATION NATHAN BARNWELL, et al OF SERVICE Defendants. Oluwatobi Adedokun, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, affirms under the penalty of perjury: 1. I am an associate with the law firm of Robertson, Anschutz, Schneid, Crane & Partners, PLLC ("RAS"), attorneys for the Plaintiff, in this foreclosure action. In my capacity as RAS' an associate of RAS, I have access to business records, including the records of mailings associated with the above captioned case ("Mailing Records"). 2. I make this affirmation based upon my review of the Mailing Records, and from my own personal knowledge of how they are kept and maintained. The Mailing Records are (i) created by RAS in the ordinary course of its business; (ii) are made at or about the time of the mailings; (iii) by a person with actual knowledge of the mailings, or from information transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such Mailing Records. 3. The Mailing Records include a computer generated record of mailings for each History." case entitled the "Document Send Out When any documents associated with a case are served by mail to a party, an entry is made in the Document Send Out History indicating what was mailed, the date of mailing, and the name and address to which the mail was sent. The relevant portion of the Document Send Out History for the above captioned case is annexed 16-195920 - BeM hereto as Exhibit "A". I personally reviewed the Document Send Out History and confirmed "A" that Exhibit is a true and accurate printout of the relevant portion of the Document Send Out History. The entries in the Document Send Out History were (i). created in the ordinary course of business; (ii) made at or about the time of the mailings; (iii) by a person with actual knowledge of the mailings, or from information transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such Mailing Records. 4. My review of the Document Send Out History reveals that on June 22, 2023 a copy of the Notice of Settlement was served upon the following parties by depositing a true copy of same enclosed in a post-paid wrapper, addressed to the address designated for the service of papers or to the last known address if no such address has been so in a post office- designated, official depository under the exclusive care and custody of the United States Postal Service as follows: TO: MOIRE E. CASEY, ESQ. GUARDIAN AD LITEM 42-24 235TH STREET DOUGLASTON, NY 11363 SECRETARY OF HOUSING AND URBAN DEVELOPMENT 271 CADMAN PLAZA EAST BROOKLYN, NY 11201 PEOPLE OF THE STATE OF NEW YORK 300 MOTOR PARKWAY HAUPPAUGE, NY 11788 UNITED STATES OF AMERICA 271CADMAN PLAZA EAST BROOKLYN , NY 11201 16-195920 - BeM CRIMINAL COURT OF THE CITY OF NEW YORK- 25 BEAVER STREET NEW YORK, NY 10004 NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE W.A. HARRIMAN STATE CAMPUS - BLDG 9 ALBANY, NY 12227 ANNA BARNWELL, HEIR AT LAW, NEXT OF KIN AND DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH BARNWELL INSTEAD AND IN LIEU OF JOHN DOE 2 112 11 204TH STREET ST ALBANS, NY 11412 JANET WRIGHT, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF ZEPHANIAH BARNWELL 7623 SWORDFISH LANE #52 ORLANDO, FL 32822 NATHAN BARNWELL, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF ZEPHANIAH BARNWELL 10237 215TH STREET QUEENS VILLAGE, NY 11429 DIVINE L. BARNWELL, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF ZEPHANIAH BARNWELL 309 BARE HILL ROAD MALONE, NY 12953 Dated: June 22, 2023 Robertson, Anschutz, Schneid, Crane & Partners, P duwatobi Adedokun, Esq. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 Facsimile: 516-280-7674 Service Email: mail@rasig.com Westbury, NY 11590 Phone: 516-280-7675 16-195920 - BeM "A" EXHIBIT Document Date Sent Defendant Address Notes Notice of Settlement 6/22/2023 MOlRE E. CASEY, ESQ. 42-24 235TH STREET, Items Were Sent Out 9:12 GUARDIAN AD LITEM DOUGLASTON NY By Mail On Date: 11363 6/22/2023 10:38:43 AM Notice of Settlement 6/22/2023 NEW YORK STATE W.A. HARRIMAN items Were Sent Out 9:12 CAMPUS - DEPARTMENT OF TAXATION & STATE By Mail On Date: FINANCE BLDG 9, ALBANY NY 6/22/2023 10:37:59 12227 AM Notice of Settlement 6/22/2023 UNITED STATES OF AMERICA 271 CADMAN PLAZA Items Were Sent Out 9:12 EAST, BROOKLYN NY By Mail On Date: 11201 6/22/2023 10:37:13 AM Notice of Settlement 6/22/2023 PEOPLE OF THE STATE OF 300 MOTOR Items Were Sent O-ut 9:12 NEW YORK PARKWAY, By Mail On Date: HAUPPAUGE NY 11788 6/22/2023 10:36:28 AM Notice of Settlement 6/22/2023 CRIMINAL COURT OF THE CITY 25 BEAVER STREET, Items Were Sent Out 9:12 OF NEW YORK- NEW YORK NY 10004 By Mail On Date: 6/22/2023 10:35:43 AM Notice of Settlement 6/22/2023 DIVINE L. BARNWELL, AS HEIR 309 BARE HILL ROAD, Items Were Sent Out 9:12 AND DISTRIBUTEE TO THE MALONE NY 12953 By Mail On Date: ESTATE OF ZEPHANIAH 6/22/2023 10:34:51 BARNWELL AM Notice of Settlement 6/22/2023 NATHAN BARNWELL, AS HEIR 10237 215TH STREET, Items Were Sent Out 9:12 AND DISTRIBUTEE TO THE QUEENS VILLAGE NY By Mail On Date: ESTATE OF ZEPHANIAH 11429 6/22/2023 10:34:06 BARNWELL AM Notice of Settlement 6/22/2023 JANET WRIGHT, AS HEIR AND 112 11 204th Street, St Items Were Sent Out 9:12 DISTRIBUTEE TO THE ESTATE Albans NY 11412 By Mail On Date: OF ZEPHANIAH BARNWELL 6/22/2023 10:33:22 AM 16-195920 - BeM Notice of Settlement 6/22/2023 ANNA BARNWELL, HElR AT 112 11 204th Street, St Items Were Sent Out 9:12 LAW, NEXT OF KIN AND Albans NY 11412 By Mail On Date: DISTRIBUTEE OF THE ESTATE 6/22/2023 10:32:37 OF ZEPHANIAH BARNWELL AM INSTEAD AND IN LIEU OF JOHN DOE 2 Notice of Settlement 6/22/2023 SECRETARY OF HOUSING AND 271 CADMAN PLAZA Items Were Sent Out 9:12 URBAN DEVELOPMENT EAST, BROOKLYN NY By Mail On Date: 11201 6/22/2023 10:31:52 AM _. .. .. 16-195920 - BeM SUPREME COURT OF THE STATE OF NEW YORK Index No.: 705169/2021 F/K/A 1016/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Queens ONEWEST BANK FSB, PLAINTIFF, - AGAINST - · NATHAN BARNWELL, et al. DEFENDANTS. Notice of Settlement Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorneys for Plaintif 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Phone:516-280-7675 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/14/2023 SHORT FORM ORDER SUPREME COURT OF THE STATE OF NEW YORK - QUEENS COUNTY Present: HONORABLE LOURDES M. VENTURA, J.S.C. IAS Part 37 ___________________________________________________________________________Ç ONEWEST BANK FSB, Index Number: 705169/2021 Plaintiff(s), -against- Motion Date: June 5, 2023 CHARLES BARNWELL AS HEIR AND DISTRIBUTEE OF Motion THE ESTATE OF ZEPHANIAH BARNWELL, NATHAN Seq. No.: BARNWELL AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH BARNWELL, DIVINE L BARNWELL A/K/A DIVINE ROBINSON AS HEIR AND DISTRIBUTEE OF THE ESTATE OF ZEPHANIAH BARNWELL if living, and if she/he be dead, any and all FILED persons unknown to plaintiff claiming, or who may claim to 6/14/2023 ygg have an interest in, or general or specific lien upon the real COUNTY CLERK property described in this action; such unknown persons being QUEENS CO NTY, herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff UNKNOWN HEIRS AND DISTRIBUTEES OF THE ESTATE OF ZEPHANIAH BARNWELL any and all persons unknown to plaintiff claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, h