On May 11, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Celink,
and
Any And All Known And Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees And All Other Parties Claiming And Interest By, Trough, Under Or Against The Estate Of Rose M. Librizzi,
Department Of Planning And Economic Development Of The Town Of Hempstead,
Diane Librizzi Aka Diane Librizzi Kester, As Heir, Devisee, Distributee Of The Estate Of Rose M. Librizzi,
Jane Doe
John Doe,
John Doe #1 Through John Doe #10, Said Names Being Fictitious And Unknown To Plaintiff, Intended To Be Possible Tenants Or Occupants Of The Premises, Or Corporations, Persons, Or Other Entities Having Or Claiming A Lien Upon The Mortgaged Premises,
Justine L. Weisel, As Heir, Devisee, Distributee Of The Estate Of Rose M. Librizzi,
Michael A. Librizzi, As Heir, Devisee, Distributee Of The Estate Of Rose M. Librizzi,
New York Department Of Taxation And Finance,
Paul J. Librizzi, As Heir, Devisee, Distributee Of The Estate Of Rose M. Librizzi,
United States Of America Acting On Behalf Of The Department Of Treasury - Internal Revenue Service,
United States Of America Acting On Behalf Of The Secretary Of Housing And Urban Development,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
EXHIBIT “D”
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------------X
CELINK, SUPPLEMENTAL SUMMONS
AND NOTICE
Plaintiff,
-against- Index No.: 607610/2023
JUSTINE L. WEISEL, AS HEIR, DEVISEE, Date Filed: ______________
DISTRIBUTEE OF THE ESTATE OF ROSE M.
LIBRIZZI ; MICHAEL A. LIBRIZZI, AS HEIR, MORTGAGED PREMISES:
DEVISEE, DISTRIBUTEE OF THE ESTATE OF ROSE 41 PERKINS AVENUE,
M. LIBRIZZI ; PAUL J. LIBRIZZI, AS HEIR, DEVISEE, OCEANSIDE, NY 11572
DISTRIBUTEE OF THE ESTATE OF ROSE M.
LIBRIZZI ; DIANE LIBRIZZI AKA DIANE LIBRIZZI VENUE: NASSAU County
KESTER, AS HEIR, DEVISEE, DISTRIBUTEE OF THE (based on the situs of the
ESTATE OF ROSE M. LIBRIZZI ; ANY AND ALL Mortgaged Premises)
KNOWN AND UNKNOWN HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS, CREDITORS,
TRUSTEES AND ALL OTHER PARTIES CLAIMING
AND INTEREST BY, THROUGH, UNDER OR
AGAINST THE ESTATE OF ROSE M. LIBRIZZI ;
UNITED STATES OF AMERICA ACTING ON
BEHALF OF THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT ; UNITED STATES OF
AMERICA ACTING ON BEHALF OF THE
DEPARTMENT OF TREASURY - INTERNAL
REVENUE SERVICE ; NEW YORK DEPARTMENT OF
TAXATION AND FINANCE ; DEPARTMENT OF
PLANNING AND ECONOMIC DEVELOPMENT OF
THE TOWN OF HEMPSTEAD ; “JANE DOE”
(REFUSED NAME) AS JOHN DOE #1; “JOHN DOE”
(REFUSED NAME) AS JOHN DOE #1-3,
Defendants.
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TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with this summons, to serve a
notice of appearance, on the Plaintiff’s attorneys within twenty (20) days after the service of this
summons, exclusive of the day of service (or within thirty (30) days after the service is
complete if this summons is not personally delivered to you within the State of New York); and
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
in case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY
SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE MORTGAGE
COMPANY WHO FILED THIS FORECLOSURE PROCEEDING AGAINST YOU AND
FILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BE
ENTERED AND YOU CAN LOSE YOUR HOME.
SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS
PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONS
AND PROTECT YOUR PROPERTY.
SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT
STOP THIS FORECLOSURE ACTION.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Dated: November 14, 2023
New York, New York
GREENSPOON MARDER LLP
Attorneys for Plaintiff
By: ____/s/ Monica G. Christie____
Monica G. Christie, Esq.
590 Madison Avenue
Suite 1800
New York, NY 10022
P: (212) 524-5000
F: (212) 524-5050 (No Service by fax)
Please respond to Cypress Creek office:
Trade Centre South
100 W. Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
P: (888) 491-1120
F: (954) 343-6982
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
TO:
JUSTINE L. WEISEL, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF ROSE M.
LIBRIZZI
56 BROOKVIEW DRIVE
LITITZ, PA 17543
MICHAEL A. LIBRIZZI, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF ROSE
M. LIBRIZZI
6019 S HYDRANGEA WAY
SAINT GEORGE, UT 84790
PAUL J. LIBRIZZI, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF ROSE M.
LIBRIZZI
211 MADISON AVENUE
FRANKLIN SQUARE, NY 11010
DIANE LIBRIZZI AKA DIANE LIBRIZZI KESTER, AS HEIR, DEVISEE, DISTRIBUTEE
OF THE ESTATE OF ROSE M. LIBRIZZI
293 N. BROADWAY, APARTMENT 52
YONKERS, NY 10701
ANY AND ALL KNOWN AND UNKNOWN HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES
CLAIMING AND INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF
ROSE M. LIBRIZZI
41 PERKINS AVENUE
OCEANSIDE, NY 11572
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT
C/O UNITED STATES ATTORNEY
271 CADMAN PLAZA EAST
BROOKLYN, NY 11201
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE DEPARTMENT OF
TREASURY - INTERNAL REVENUE SERVICE
C/O UNITED STATES ATTORNEY
271 CADMAN PLAZA EAST
BROOKLYN, NY 11201
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
NEW YORK DEPARTMENT OF TAXATION AND FINANCE
300 MOTOR PARKWAY
HAUPPAUGE, NY 11788
DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT OF THE TOWN OF
HEMPSTEAD
1 WASHINGTON STREET
HEMPSTEAD, NY 11550
“JANE DOE” (REFUSED NAME) AS JOHN DOE #1
41 PERKINS AVENUE
OCEANSIDE, NY 11572
“JOHN DOE” (REFUSED NAME) AS JOHN DOE #2 - 3
41 PERKINS AVENUE
OCEANSIDE, NY 11572
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
NOTICE TO DEFENDANT
DURING THE CORONAVIRUS EMERGENCY, YOU
MIGHT BE ENTITLED BY LAW TO TAKE ADDITIONAL
DAYS OR WEEKS TO FILE AN ANSWER TO THIS
COMPLAINT.
PLEASE CONTACT YOUR ATTORNEY FOR MORE
INFORMATION.
IF YOU DON'T HAVE AN ATTORNEY,
PLEASE VISIT
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
OR
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
AVISO A DEMANDADO
DURANTE LA EMERGENCIA DEL CORONAVIRUS,
ES POSIBLE QUE USTED TENGA DERECHO POR LEY
A TOMAR DIAS O SEMANAS ADICIONALES
PARA PRESENTAR UNA RESPUESTA
A ESTA PETICION
POR FAVOR CONTACTE A SU ABOGADO PARA MAS
INFORMACION.
SI USTED NO TIENE UN ABOGADO,
VISITE
http://ww2.nycourts.gov/admin/OPP/foreclosures.shtml
O
https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
NOTICE TO TENANTS OF
BUILDINGS IN FORECLOSURE
New York State law requires that we provide you this notice about the
foreclosure process. Please read it carefully.
Lender, CELINK, located at 101 W. Louis Henna Blvd, Suite 450, Austin, TX
78728 can be reached at 866-278-2008.
The dwelling where your apartment is located is the subject of a foreclosure
proceeding. If you have a lease, are not the owner of the residence, and the
lease requires payment of rent that at the time it was entered into was not
substantially less than the fair market rent for the property, you may be
entitled to remain in occupancy for the remainder of your lease term. If you
do not have a lease, you will be entitled to remain in your home until ninety
days after any person or entity who acquires title to the property provides
you with a notice as required by section 1305 of the Real Property Actions
and Proceedings Law. The notice shall provide information regarding the
name and address of the new owner and your rights to remain in your
home. These rights are in addition to any others you may have if you are a
subsidized tenant under federal, state or local law or if you are a tenant
subject to rent control, rent stabilization or a federal statutory scheme.
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED
TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS
WITH RESPECT TO EVICTION AND LEASE RENEWALS. THESE
RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING
FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED
AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE
AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH
THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS
CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT
ORDER AND AFTER A FULL HEARING IN COURT.
If you need further information, please call the New York State
Department of Financial Service's toll-free helpline at (800) 342-3736 or
visit the Department's website at www.dfs.ny.gov.
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the foreclosure
process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the summons and
complaint in this foreclosure action, you may lose your home. Please read the
summons and complaint carefully. You should immediately contact an attorney or
your local legal aid office to obtain advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in foreclosure. In
addition to seeking assistance from an attorney or legal aid office, there are
government agencies and non-profit organizations that you may contact for
information about possible options, including trying to work with your lender
during this process.
To locate an entity near you, you may call the toll-free helpline maintained by the
New York State Department of Financial Services at 800-342-3736 or visit the
Department's website at www.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You
have the right to stay in your home during the foreclosure process. You are not
required to leave your home unless and until your property is sold at auction
pursuant to a judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE REQUIRED
TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance
with state and local law.
Foreclosure rescue scams
Be careful of people who approach you with offers to “save” your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit
from a homeowner's distress.
FILED: NASSAU COUNTY CLERK 11/15/2023 12:19 PM INDEX NO. 607610/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 11/15/2023
You should be extremely careful about any such promises and any suggestions
that you pay them a fee or sign over your deed. State law requires anyone
offering such services for profit to enter into a contract which fully describes
the services they will perform and fees they will charge, and which prohibits
them from taking any money from you until they have completed all such
promised services.