Preview
FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF GENESEE RECElVED
NOV 29 20f9
Wells Fargo Bank, NA INDEX NO. 65940 GENESEE COUNTY &
SUPREME COURTS
NOTICE OF MOTION_TQ
Plaintiff(s),
CONFIRM REFEREE
REPORT AND A
v.
JUDGMENT OF
FORECLOSURE AND.
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby
SALE
MORTGAGED PROPERTY:
6339 Warboys Road
Byron, NY 14422
Defendant(s). COUNTY: Genesee
SBL #: Section: 5. Block: 2
Lot: 32
PLEASE TAKE NOTICE that, upon the affirmation of Scott Ferraro dated
, the affidavit of Lenettra Smith, sworn to October 15, 2019, the
exMbit attached and all prior proceedings in this Plaintiff Wells Fargo NA
thereto, case, Bank,
will move this court, at 20th day of December, 2019 at 9:30 AM, at the Supreme Court, Genesee
County, Genesee County Courthouse, 1 West Main Street, Batavia, NY, or as soon thereafter as
the parties may be heard, for an order:
1. Confirming the Referee's Report made in accordance with RPAPL §1321;
2. Granting a Judgment of Foreclosure and Sale pursuant to RPAPL §1351;
3. Directing the distribution of the sale proceeds punsuant to RPAPL §1354 and;
4. Such additional relief as this Court may deem just and proper.
1 of 6
FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214 (b), answering
papers and notice of cross-motion, with supporting papers, if any, must be served upon the
undersigned at least seven (7) days prior to the return date of this motion.
Dated: _
Monroe oun , New York
Scott Ferr o, Esq.
Associate Attorney
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
To: Aronow Law, P.C.
Attorney for Defendant Tracy A. Crosby
20 Crossways Pk. Dr. N., Suite 210
Woodbury, NY 11797
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FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF GENESEE
Wells Fargo Bank, NA, AFFIDAVIT OF SERVICE
BY MAIL
Plaintiff(s),
Index No. 65940
v.
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby
Defendant(s).
STATE OF NEW YORK
COUNTY OF MONROE
I, Samantha Abiuso, being sworn, say: I am not a party to this action; I am over 18 years
of age, I reside in Rochester, New York.
On
Jm W 420W, 1 served the within Notice of Motion and proposed
Order Confirming Referee Report and Judgment of Foreclosure and Sale with Supporting
Affirmations and Exhibits on the following:
Aronow Law, P.C.
Attorney for Defendant Tracy A. Crosby
20 Crossways Pk. Dr. N., Suite 210
Woodbury, NY 11797
the address designated for that purpose by depositing a true copy of same enclosed in a postpaid,
addressed wrapper, in an official depository under, the exclusive care and custody of the
properly
United States Postal Service within the State of New York.
17-064902 Affidavit of Service by Mail Page 1 of 2
3 of 6
FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021
Please be advised that no other parties have answered, appeared or are otherwise entitled
to notice of this application.
Dated: .,
Samantha Abiuso
Foreclosure Assistant
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
Telephone: (585) 247-9000
Fax: (585) 247-7380
S orn to before me this
day of ff)1fff)(_Éf) ) , 2019
tary Pubhc
*All the defendants have been served.
KRISTIE L HOLOWKA
Notary Public, State of New York
No. 01HOS004500
Qualified in Monros County
Commission Expires March 23, 20-
17-064902 Affidavit of Service by Mail Page 2 of 2
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FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021
ATTORNEY'S CERTIFICATION
I, Scott Ferraro, am an attorney duly admitted to the practice of law in the State of New
York. I am an associate of Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff, Wells
Fargo Bank, NA, in the above captioned civil action.
I HEREBY CERTIFY, pursuant to Sec. 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
reasoñable under the circumstances, that the presentation of the papers in this action checked
below, or the coñteñtions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of
the Rules of the Chief Administrator (22 NYCRR):
{ } Summons & Complaint
{X} Notice of Motion
{ } Attorney's Affirmation
{ } Other:
DATED: _
cott e o, Esq.
Associate Attorney
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
17-064902
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FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021
SUPREME COURT
OF THE STATE OF NEW YORK
COUNTY OF GENESEE
INDEX NO. 65940
I
Wells Fargo Bank, NA,
Plaintiff,
-VS-
Tracy A. Pollack, et al.,
Defendant(s).
NOTICE OF MOTION
SHAPIRO, DICARO & BARAK, LLC
175 MILE CROSSINGBOULEVARD
ROCHESTER,NEW YORK 14624
(585) 247-9000
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Preview
FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GENESEE RECElVED NOV 29 20f9 Wells Fargo Bank, NA INDEX NO. 65940 GENESEE COUNTY & SUPREME COURTS NOTICE OF MOTION_TQ Plaintiff(s), CONFIRM REFEREE REPORT AND A v. JUDGMENT OF FORECLOSURE AND. Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby SALE MORTGAGED PROPERTY: 6339 Warboys Road Byron, NY 14422 Defendant(s). COUNTY: Genesee SBL #: Section: 5. Block: 2 Lot: 32 PLEASE TAKE NOTICE that, upon the affirmation of Scott Ferraro dated , the affidavit of Lenettra Smith, sworn to October 15, 2019, the exMbit attached and all prior proceedings in this Plaintiff Wells Fargo NA thereto, case, Bank, will move this court, at 20th day of December, 2019 at 9:30 AM, at the Supreme Court, Genesee County, Genesee County Courthouse, 1 West Main Street, Batavia, NY, or as soon thereafter as the parties may be heard, for an order: 1. Confirming the Referee's Report made in accordance with RPAPL §1321; 2. Granting a Judgment of Foreclosure and Sale pursuant to RPAPL §1351; 3. Directing the distribution of the sale proceeds punsuant to RPAPL §1354 and; 4. Such additional relief as this Court may deem just and proper. 1 of 6 FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214 (b), answering papers and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: _ Monroe oun , New York Scott Ferr o, Esq. Associate Attorney SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 To: Aronow Law, P.C. Attorney for Defendant Tracy A. Crosby 20 Crossways Pk. Dr. N., Suite 210 Woodbury, NY 11797 2 of 6 FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GENESEE Wells Fargo Bank, NA, AFFIDAVIT OF SERVICE BY MAIL Plaintiff(s), Index No. 65940 v. Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby Defendant(s). STATE OF NEW YORK COUNTY OF MONROE I, Samantha Abiuso, being sworn, say: I am not a party to this action; I am over 18 years of age, I reside in Rochester, New York. On Jm W 420W, 1 served the within Notice of Motion and proposed Order Confirming Referee Report and Judgment of Foreclosure and Sale with Supporting Affirmations and Exhibits on the following: Aronow Law, P.C. Attorney for Defendant Tracy A. Crosby 20 Crossways Pk. Dr. N., Suite 210 Woodbury, NY 11797 the address designated for that purpose by depositing a true copy of same enclosed in a postpaid, addressed wrapper, in an official depository under, the exclusive care and custody of the properly United States Postal Service within the State of New York. 17-064902 Affidavit of Service by Mail Page 1 of 2 3 of 6 FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021 Please be advised that no other parties have answered, appeared or are otherwise entitled to notice of this application. Dated: ., Samantha Abiuso Foreclosure Assistant SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 Telephone: (585) 247-9000 Fax: (585) 247-7380 S orn to before me this day of ff)1fff)(_Éf) ) , 2019 tary Pubhc *All the defendants have been served. KRISTIE L HOLOWKA Notary Public, State of New York No. 01HOS004500 Qualified in Monros County Commission Expires March 23, 20- 17-064902 Affidavit of Service by Mail Page 2 of 2 4 of 6 FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021 ATTORNEY'S CERTIFICATION I, Scott Ferraro, am an attorney duly admitted to the practice of law in the State of New York. I am an associate of Shapiro, DiCaro & Barak, LLC, the attorneys for the Plaintiff, Wells Fargo Bank, NA, in the above captioned civil action. I HEREBY CERTIFY, pursuant to Sec. 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 reasoñable under the circumstances, that the presentation of the papers in this action checked below, or the coñteñtions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of the Rules of the Chief Administrator (22 NYCRR): { } Summons & Complaint {X} Notice of Motion { } Attorney's Affirmation { } Other: DATED: _ cott e o, Esq. Associate Attorney SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 17-064902 5 of 6 FILED: GENESEE COUNTY CLERK 01/06/2020 INDEX NO. E65940 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GENESEE INDEX NO. 65940 I Wells Fargo Bank, NA, Plaintiff, -VS- Tracy A. Pollack, et al., Defendant(s). NOTICE OF MOTION SHAPIRO, DICARO & BARAK, LLC 175 MILE CROSSINGBOULEVARD ROCHESTER,NEW YORK 14624 (585) 247-9000 6 of 6