Preview
At an IAS Term of the Supreme
Court of the State of New
York held in and for the
County of OSWEGO at the
Courthouse thereof 25 E
Oneida Street, Oswego, NY
13126 on .
PRESENT:
Honorable
Justice
- - - - - - - - - -- - - - - - - - - - - x
U.S. BANK TRUST NATIONAL ASSOCIATION, Index No.: EFC-2023-
NOT IN ITS INDIVIDUAL CAPACITY BUT 1492
SOLELY AS OWNER TRUSTEE FOR LEGACY
MORTGAGE ASSET TRUST 2019-GS7,
Plaintiff(s),
ORDER TO EXTEND TIME
-against- TO SERVE SUMMONS NUNC
PRO TUNC, FOR SERVICE
BY PUBLICATION AND
APPOINTMENT OF
GUARDIAN AD LITEM
UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS
A/K/A EDWARD LAWRENCE POWERS, and if MORTGAGED PREMISES:
they be dead, any and all persons 1 JOHN STREET
unknown to plaintiff, claiming, or who FULTON, NY 13069
may claim to have an interest in, or
generally or specific lien upon the real Section: 253.26
property described in this action, such Block: 3
unknown persons being herein generally Lot: 17
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 who and whose names ,
except as stated, are unknown to
plaintiff; TONYA L. CRISAFULLI, AS HEIR
AT LAW OF EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS; THERESA LAMB, AS HEIR
AT LAW OF EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE,
#1" #12"
"JOHN DOE through "JOHN DOE 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 premises, described in
the complaint,
Defendant(s).
- _ _ - - _ _ _ - -- - - - - - - - - - - x
UPON the Summons, Complaint and Notice of Pendency of action
having a cause of action as specified in subdivision two at CPLR 314,
heretofore filed herein in the Office of the Clerk of the County of
OSWEGO on October 23, 2023, for foreclosing a mortgage against
specific real property within this County and the State of New York,
and it appearing that there is a sufficient cause of action stated
therein against the proposed Defendants, TONYA L. CRISAFULLI, AS HEIR
AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; THERESA
LAMB, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE
POWERS; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE;, who are
necessary parties Defendants herein; and upon the annexed affirmation
of Jason E. Brooks, Esq. dated January 5, 2024, and upon the
Affirmation of Investigation of Heirship of Ivy M. Capelli, Esq.,
copies of which are annexed, from which it appears that the Defendant
UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS
cannot be served personally within the State of New York, and
Plaintiff having thereby made proof to the Court's satisfaction that
the location of said Defendant or their personal representative
cannot with due diligence be ascertained and that the Plaintiff has
been and will be unable in the exercise of such due diligence to make
personal service of the Summons herein or by any other prescribed
method on said Defendant within the State;
NOW, on motion of Leopold & Associates, PLLC, attorneys for the
Plaintiff, it is hereby
ORDERED, that the time to which to serve the Defendants UNKNOWN
HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS, herein
pursuant to CPLR 306(b) is extended for one hundred and twenty (120)
days from the entry date of this order, and it is further;
ORDERED, that service of the Summons, Complaint and Notice of
Pendency in this action upon the Defendant, UNKNOWN HEIRS AT LAW OF
EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS, if living, and if any
be dead, their respective heirs-at-law, next of kin, distributes,
executors, administrators, trus tees , devisees, legatees, assignees,
lienors, creditors and successors in interest, and generally all
persons having or claiming under, by or through said Defendants who
may be deceased, by purchase, inheritance, lien or otherwise, any
right, title or interest in and to the premises described in the
complaint herein, be made by publication of said Summons in two (2)
newspapers, at least one in the English language, hereby designated
as most likely to give notice to the said Defendants, viz: in the
published in OSWEGO County, State of New York
and in the published in OSWEGO County,
State of New York, once in each week of four successive weeks, that
the date of entry of this Order with the county clerk shall be and is
hereby deemed to be the date of granting this Order for the purpose
of compliance with CPLR § 316 (c) and it is further;
ORDERED, that the provision of CPLR 306-b is satisfied as long
as publication is made pursuant to this Order and proof thereof filed
within 120 days from the filing of the summons and amended complaint
in this action, and it is further;
ORDERED, that the first publication commence within ninety (90)
days of the entry of this order, and it is further;
ORDERED, that the Summons and Complaint herein be delivered on
behalf of the said Defendants, who may be served herein by
publication pursuant to this Order, to ,
counselor-at-law, with an address at
, who is hereby authorized,
empowered and designated to appear herein as Guardian Ad Litem and
Military Attorney on behalf of any of the said Defendants, who may be
absentees, infants or incompetents, or unknown successors in interest
of Defendants who may be deceased, or Defendants who may be in
military service, and to protect and defend interests of said
Defendants in the action upon filing his acknowledged consent and
qualify affidavit; and it is further
ORDERED, that said Guardian Ad Litem and Military Attorney shall
also act for said Defendants should they be in default or be in the
military service of the United States of American, and is hereby
authorized and appointed for the purpose of representing them and
protecting their interest in this action pursuant to the provisions
Soldiers' Sailors'
of the and Civil Relief Act and Military Law of
1940, as supplemental, and the Military Laws of the State of New
York, and it is further
ORDERED, that with the first publication after the entry of this
order it be made together with a notice to the Defendants, a brief
statement of the nature of the action the relief sought, and the sum
of money for which judgment may be taken in case of default, and a
brief description of the property, and it is further
ORDERED, that pursuant to the provisions of CPLR § 306-b the
Plaintiff's time in which to effect service of the summons and
complaint is extended 120 days from the entry of the Order, and it is
further
ORDERED, that any appointee named herein shall comply with Rule
36 of the Chief Judge and Section 35-a of the Judiciary Law of the
State of New York, and it is further
ORDERED, that the caption of this action shall be as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
- - - - - - - - - -- - - - - - - - - - - x
U.S. BANK TRUST NATIONAL ASSOCIATION, Index No.:
NOT IN ITS INDIVIDUAL CAPACITY BUT EFC-2023-1492
SOLELY AS OWNER TRUSTEE FOR LEGACY
MORTGAGE ASSET TRUST 2019-GS7,
Plaintiff (s) ,
-against-
UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS MORTGAGED PREMISES:
A/K/A EDWARD LAWRENCE POWERS, and if 1 JOHN STREET
they be dead, any and all persons FULTON, NY 13069
unknown to plaintiff, claiming, or who
may claim to have an interest in, or Section: 253.26
generally or specific lien upon the real Block: 3
property described in this action, such Lot: 17
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 who and whose names ,
except as stated, are unknown to
plaintiff; TONYA L. CRISAFULLI, AS HEIR
AT LAW OF EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS; THERESA LAMB, AS HEIR
AT LAW OF EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE,
MATTHEW COLEMAN,
Defendant(s) .
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and it is further
ORDERED that Plaintiff shall serve a copy of this Order to all
Defendants within 60 days.
DATED:
E N T E R
J. S. C.
SUPREME COURT INDEX NO.:
STATE OF NEW YORK, COUNTY OF OSWEGO EFC -2023-1492
U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE
ASSET TRUST 2019-GS7,
Plaintiff(s),
-against-
UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD
LAWRENCE POWERS, et al.
Defendant(s).
ORDER TO EXTEND TIME TO SERVE SUMMONS NUNC PRO
TUNC, FOR SERVICE BY PUBLICATION AND APPOINTMENT OF
GUARDIAN AD LITEM
LEOPOLD & ASSOCIATES, PLLC
Attorneys for Plaintiff(s)
Office and Post Office Address, Telephone
80 Business Park Drive, Suite 110
Armonk, NY 19504
914-219-5787
Preview
At an IAS Term of the Supreme Court of the State of New York held in and for the County of OSWEGO at the Courthouse thereof 25 E Oneida Street, Oswego, NY 13126 on . PRESENT: Honorable Justice - - - - - - - - - -- - - - - - - - - - - x U.S. BANK TRUST NATIONAL ASSOCIATION, Index No.: EFC-2023- NOT IN ITS INDIVIDUAL CAPACITY BUT 1492 SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7, Plaintiff(s), ORDER TO EXTEND TIME -against- TO SERVE SUMMONS NUNC PRO TUNC, FOR SERVICE BY PUBLICATION AND APPOINTMENT OF GUARDIAN AD LITEM UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS, and if MORTGAGED PREMISES: they be dead, any and all persons 1 JOHN STREET unknown to plaintiff, claiming, or who FULTON, NY 13069 may claim to have an interest in, or generally or specific lien upon the real Section: 253.26 property described in this action, such Block: 3 unknown persons being herein generally Lot: 17 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 who and whose names , except as stated, are unknown to plaintiff; TONYA L. CRISAFULLI, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; THERESA LAMB, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, #1" #12" "JOHN DOE through "JOHN DOE 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 premises, described in the complaint, Defendant(s). - _ _ - - _ _ _ - -- - - - - - - - - - - x UPON the Summons, Complaint and Notice of Pendency of action having a cause of action as specified in subdivision two at CPLR 314, heretofore filed herein in the Office of the Clerk of the County of OSWEGO on October 23, 2023, for foreclosing a mortgage against specific real property within this County and the State of New York, and it appearing that there is a sufficient cause of action stated therein against the proposed Defendants, TONYA L. CRISAFULLI, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; THERESA LAMB, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE;, who are necessary parties Defendants herein; and upon the annexed affirmation of Jason E. Brooks, Esq. dated January 5, 2024, and upon the Affirmation of Investigation of Heirship of Ivy M. Capelli, Esq., copies of which are annexed, from which it appears that the Defendant UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS cannot be served personally within the State of New York, and Plaintiff having thereby made proof to the Court's satisfaction that the location of said Defendant or their personal representative cannot with due diligence be ascertained and that the Plaintiff has been and will be unable in the exercise of such due diligence to make personal service of the Summons herein or by any other prescribed method on said Defendant within the State; NOW, on motion of Leopold & Associates, PLLC, attorneys for the Plaintiff, it is hereby ORDERED, that the time to which to serve the Defendants UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS, herein pursuant to CPLR 306(b) is extended for one hundred and twenty (120) days from the entry date of this order, and it is further; ORDERED, that service of the Summons, Complaint and Notice of Pendency in this action upon the Defendant, UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS, if living, and if any be dead, their respective heirs-at-law, next of kin, distributes, executors, administrators, trus tees , devisees, legatees, assignees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said Defendants who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in and to the premises described in the complaint herein, be made by publication of said Summons in two (2) newspapers, at least one in the English language, hereby designated as most likely to give notice to the said Defendants, viz: in the published in OSWEGO County, State of New York and in the published in OSWEGO County, State of New York, once in each week of four successive weeks, that the date of entry of this Order with the county clerk shall be and is hereby deemed to be the date of granting this Order for the purpose of compliance with CPLR § 316 (c) and it is further; ORDERED, that the provision of CPLR 306-b is satisfied as long as publication is made pursuant to this Order and proof thereof filed within 120 days from the filing of the summons and amended complaint in this action, and it is further; ORDERED, that the first publication commence within ninety (90) days of the entry of this order, and it is further; ORDERED, that the Summons and Complaint herein be delivered on behalf of the said Defendants, who may be served herein by publication pursuant to this Order, to , counselor-at-law, with an address at , who is hereby authorized, empowered and designated to appear herein as Guardian Ad Litem and Military Attorney on behalf of any of the said Defendants, who may be absentees, infants or incompetents, or unknown successors in interest of Defendants who may be deceased, or Defendants who may be in military service, and to protect and defend interests of said Defendants in the action upon filing his acknowledged consent and qualify affidavit; and it is further ORDERED, that said Guardian Ad Litem and Military Attorney shall also act for said Defendants should they be in default or be in the military service of the United States of American, and is hereby authorized and appointed for the purpose of representing them and protecting their interest in this action pursuant to the provisions Soldiers' Sailors' of the and Civil Relief Act and Military Law of 1940, as supplemental, and the Military Laws of the State of New York, and it is further ORDERED, that with the first publication after the entry of this order it be made together with a notice to the Defendants, a brief statement of the nature of the action the relief sought, and the sum of money for which judgment may be taken in case of default, and a brief description of the property, and it is further ORDERED, that pursuant to the provisions of CPLR § 306-b the Plaintiff's time in which to effect service of the summons and complaint is extended 120 days from the entry of the Order, and it is further ORDERED, that any appointee named herein shall comply with Rule 36 of the Chief Judge and Section 35-a of the Judiciary Law of the State of New York, and it is further ORDERED, that the caption of this action shall be as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO - - - - - - - - - -- - - - - - - - - - - x U.S. BANK TRUST NATIONAL ASSOCIATION, Index No.: NOT IN ITS INDIVIDUAL CAPACITY BUT EFC-2023-1492 SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7, Plaintiff (s) , -against- UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS MORTGAGED PREMISES: A/K/A EDWARD LAWRENCE POWERS, and if 1 JOHN STREET they be dead, any and all persons FULTON, NY 13069 unknown to plaintiff, claiming, or who may claim to have an interest in, or Section: 253.26 generally or specific lien upon the real Block: 3 property described in this action, such Lot: 17 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 who and whose names , except as stated, are unknown to plaintiff; TONYA L. CRISAFULLI, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; THERESA LAMB, AS HEIR AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, MATTHEW COLEMAN, Defendant(s) . - - - - - - - - - -- - - - - - - - - - - x and it is further ORDERED that Plaintiff shall serve a copy of this Order to all Defendants within 60 days. DATED: E N T E R J. S. C. SUPREME COURT INDEX NO.: STATE OF NEW YORK, COUNTY OF OSWEGO EFC -2023-1492 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2019-GS7, Plaintiff(s), -against- UNKNOWN HEIRS AT LAW OF EDWARD L. POWERS A/K/A EDWARD LAWRENCE POWERS, et al. Defendant(s). ORDER TO EXTEND TIME TO SERVE SUMMONS NUNC PRO TUNC, FOR SERVICE BY PUBLICATION AND APPOINTMENT OF GUARDIAN AD LITEM LEOPOLD & ASSOCIATES, PLLC Attorneys for Plaintiff(s) Office and Post Office Address, Telephone 80 Business Park Drive, Suite 110 Armonk, NY 19504 914-219-5787