Preview
FILED: SCHENECTADY COUNTY CLERK 01/10/2024 10:08 AM INDEX NO. 2023-2105
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/10/2024
UCS-840
(rev. 07/29/2019)
REQUEST FOR JUDICIAL
INTERVENTION
SUPREME Court, COUNTY OF Schenectady
Index No: 2023-2105 Date Index Issued: December 05, 2023 For Court Use Only:
CAPTION: Enter the Complete case caption. Do not use et al or et ano. If more space is needed,
attach a caption rider sheet IAS Entry Date
Freedom Mortgage Corporation
Plaintiff(s)/Petitioner(s)
-against- Judge Assigned
Joshua Farry, Secretary of Housing and Urban Development, Sunmark Credit Union (formerly known
as Sunmark Federal Credit Union), and "JOHN DOE #1" through "JOHN DOE #10", the last ten
names being fictitious and unknown to the plaintiff, the person or parties intended being the persons RJI Date
or parties, if any, having or claiming an interest in or lien upon the Mortgage premises described in the
Complaint
Defendant(s)/Respondent(s)
NATURE OF ACTION OR PROCEEDING Check only one box and specify where indicated.
COMMERCIAL MATRIMONIAL
o Business Entity (Including corporations, partnerships, LLCs, o Contested
LLPs, etc.) Note: If there are children under the age of 18, complete
o Contract and attach the
o Insurance (where insurance company is a party, except
MATRIMONIAL RJI Addendum (USC-840M)
arbitration)
o UCC (including sales and negotiable instruments) For Uncontested Matrimonial actions, use RJI form UD-13
o Other Commercial (specify):
NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR TORTS
202.70(d), complete and attach the COMMERCIAL DIVISION RJI ADDENDUM
(UCS-840C). o Asbestos
REAL PROPERTY: Specify how many properties the application includes: o Child Victims Act
__________
o Condemnation o Environmental (specify)
þ Mortgage o Medical, Dental or Podiatric Malpractice
Foreclosure (specify): þ Residential o Commercial o Motor Vehicle
Property o Products Liability
Address: 1301 Scott Street, Schenectady, NY 12306 (specify):
o Other Negligence
NOTE: For Mortgage Foreclosure actions involving a one to four-family, (specify):
o Other Professional Malpractice
owner-occupied residential property or owner-occupied condominium,
(specify):
complete and attach the FORECLOSURE RJI ADDENDUM (UCS-840F).
o Other Tort (specify):
o Tax Certiorari SPECIAL PROCEEDINGS
o Tax Foreclosure o CPLR Article 75 (Arbitration) [See NOTE under
o Other Real Property Commercial]
(specify):
o CPLR Article 78 (Body of Officer)
OTHER MATTERS o Election Law
o Certificate of Incorporation/Dissolution [See NOTE in COMMERCIAL o MHL Article 9.60 (Kendra’s Law)
section)
o Emergency Medical Treatment o MHL Article 10 (Sex Offender Confinement-Initial)
o Habeas Corpus o MHL Article 10 (Sex Offender Confinement-Review)
o Local Court Appeal o MHL Article 81 (Guardianship)
o Mechanic’s Lien
o Name Change
o Pistol Permit Revocation Hearing
o Sale or Finance of Religious/Not-for-Profit Property
o Other Real Property (specify)
STATUS OF ACTION OR PROCEEDING: Answer YES or NO for EVERY question and enter additional information where
indicated
YES NO
Has a summons and complaint or summons w/notice þ o If yes, date filed: December 05, 2023
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FILED: SCHENECTADY COUNTY CLERK 01/10/2024 10:08 AM INDEX NO. 2023-2105
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/10/2024
being filed?
Has a summons and complaint or summons w/notice been þ o If Yes, date served:
served? December 18, 2023
Is this action/proceeding being filed post-judgment? o þ If yes, judgment date
NATURE OF JUDICIAL INTERVENTION: Check ONE box only AND enter additional information where indicated
o Infant's Compromise
o Extreme Risk Protection Order Application
o Note of Issue and/or Certificate of Readiness
o Notice of Medical, Dental, or Podiatric Malpractice Date Issue joined:
o Notice of Motion Relief Sought: R
o Notice of Petition Relief Sought: e
R
o Order to Show Cause Relief Sought: e
R
o Other Ex Parte Application Relief Sought: e
o Poor Person Application
o Request for Preliminary Conference
þ Residential Mortgage Foreclosure Settlement Conference
o Writ of Habeas Corpus
o Other (Specify):
RELATED List any related actions. For Matrimonial cases, list any related criminal or Family Court cases. If non, leave blank. If
CASES: additional space is required, complete and attach the RJI Addendum (UCS-840A)
Case Title Index/Case No. Court Judge (If assigned) Relationship to
For parties without an attorney, check the “Un-rep” box and enter party’s address, phone number and e-mail in the
PARTIES space provided. If additional space is required, complete and attach the RJI Addendum (USC-840A).
Un-Rep Attorneys and Unrepresented Issued Joined Insurance
Parties: Carriers
Litigants: For each
defendant For each
List parties in same order as listed For represented parties, provide defendant,
indicate if issue
in the caption and indicate roles attorney’s name, firm name, indicate
has been joined
(e.g., plaintiff, defendant, 3rd party address, phone and email. For insurance
plaintiff, etc.) unrepresented parties, provide carrier, if
party’s address, phone and e-mail. applicable
Name: Freedom Mortgage
Corporation FRENKEL LAMBERT WEISS o Yes þ No
o WEISMAN & GORDON, LLP
Role(s): Plaintiff
53 Gibson Street
Bay Shore, New York 11706
(631) 969-3100
www.flwlaw.com
Name: JOSHUA FARRY o Yes
1301 Scott Street,
þ Schenectady, NY 12306 þ No
Role(s): Defendant
Name: SECRETARY OF
UNITED STATES ATTORNEY'S
þ HOUSING and URBAN o Yes
DEVELOPMENT OFFICE NORTHERN DISTRICT OF
NEW YORK þ No
Role(s): Defendant 445 BROADWAY. ROOM 542
ALBANY, NY 12207
Name: SUNMARK CREDIT o Yes
3563 Mohegan Avenue
þ UNION (FORMERLY KNOWN AS
Mohegan Lake, NY 10547 þ No
SUNMARK FEDERAL CREDIT
UNION)
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FILED: SCHENECTADY COUNTY CLERK 01/10/2024 10:08 AM INDEX NO. 2023-2105
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/10/2024
Role(s): Defendant
Name: VICTORIA FARRY, SHA o Yes
1301 Scott Street,
þ JOHN DOE #1
Schenectady, NY 12306 þ No
Role(s): Defendant
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON INFORMATIOON AND BELIEF, THERE ARE NO OTHER
RELATED ACTIONS OR PROCEEDINGS, EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL
INTERVENTION BEEN PREVIUSLY FILED IN THIS ACTION OR PROCEEDING.
Dated: January 4, 2024
SIGNATURE
4900635 Deana Cheli
ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAMES
Our File No: 01-096695-F01
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FILED: SCHENECTADY COUNTY CLERK 01/10/2024 10:08 AM INDEX NO. 2023-2105
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/10/2024
FORECLOSURE Request for Judicial Intervention Addendum
SUPREME COURT, COUNTY OF Schenectady INDEX NO. 2023-2105
For use in ALL mortgage foreclosure actions where the property is: (check if Instructions
applicable) If # 1 or # 2 is applicable:
· Select "Residential Mortgage Foreclosure Settlement
þ 1. A one- to four-family owner-occupied residential property Conference" as the Nature of Judicial Intervention on the RJ.
OR · Identify the mortgage servicer
· The Defendant/Respondent Information section below
2. An owner-occupied condominium MUST be completed for all defendants and attached in the
RJI
Mortgage Servicer: Freedom Mortgage
DEFENDANT/RESPONDENT INFORMATION: List parties in caption order. Attach additional forms as necessary
Name: JOSHUA FARRY Primary Phone: Secondary Phone:
Address: 1301 Scott Street, Schenectady, NY 12306 e-mail:
Street Address City State Zip
90-day Notice [RPAPL § 1304910] mailed on
Comments: August 9, 2023
ATTENTION: Proof of service must be filed with this RJI for each defendant upon whom a summons and complaint or summons with notice has been served
[CPLR § 3408]
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Preview
FILED: SCHENECTADY COUNTY CLERK 01/10/2024 10:08 AM INDEX NO. 2023-2105 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/10/2024 UCS-840 (rev. 07/29/2019) REQUEST FOR JUDICIAL INTERVENTION SUPREME Court, COUNTY OF Schenectady Index No: 2023-2105 Date Index Issued: December 05, 2023 For Court Use Only: CAPTION: Enter the Complete case caption. Do not use et al or et ano. If more space is needed, attach a caption rider sheet IAS Entry Date Freedom Mortgage Corporation Plaintiff(s)/Petitioner(s) -against- Judge Assigned Joshua Farry, Secretary of Housing and Urban Development, Sunmark Credit Union (formerly known as Sunmark Federal Credit Union), and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons RJI Date or parties, if any, having or claiming an interest in or lien upon the Mortgage premises described in the Complaint Defendant(s)/Respondent(s) NATURE OF ACTION OR PROCEEDING Check only one box and specify where indicated. COMMERCIAL MATRIMONIAL o Business Entity (Including corporations, partnerships, LLCs, o Contested LLPs, etc.) Note: If there are children under the age of 18, complete o Contract and attach the o Insurance (where insurance company is a party, except MATRIMONIAL RJI Addendum (USC-840M) arbitration) o UCC (including sales and negotiable instruments) For Uncontested Matrimonial actions, use RJI form UD-13 o Other Commercial (specify): NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR TORTS 202.70(d), complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C). o Asbestos REAL PROPERTY: Specify how many properties the application includes: o Child Victims Act __________ o Condemnation o Environmental (specify) þ Mortgage o Medical, Dental or Podiatric Malpractice Foreclosure (specify): þ Residential o Commercial o Motor Vehicle Property o Products Liability Address: 1301 Scott Street, Schenectady, NY 12306 (specify): o Other Negligence NOTE: For Mortgage Foreclosure actions involving a one to four-family, (specify): o Other Professional Malpractice owner-occupied residential property or owner-occupied condominium, (specify): complete and attach the FORECLOSURE RJI ADDENDUM (UCS-840F). o Other Tort (specify): o Tax Certiorari SPECIAL PROCEEDINGS o Tax Foreclosure o CPLR Article 75 (Arbitration) [See NOTE under o Other Real Property Commercial] (specify): o CPLR Article 78 (Body of Officer) OTHER MATTERS o Election Law o Certificate of Incorporation/Dissolution [See NOTE in COMMERCIAL o MHL Article 9.60 (Kendra’s Law) section) o Emergency Medical Treatment o MHL Article 10 (Sex Offender Confinement-Initial) o Habeas Corpus o MHL Article 10 (Sex Offender Confinement-Review) o Local Court Appeal o MHL Article 81 (Guardianship) o Mechanic’s Lien o Name Change o Pistol Permit Revocation Hearing o Sale or Finance of Religious/Not-for-Profit Property o Other Real Property (specify) STATUS OF ACTION OR PROCEEDING: Answer YES or NO for EVERY question and enter additional information where indicated YES NO Has a summons and complaint or summons w/notice þ o If yes, date filed: December 05, 2023 1 of 4 FILED: SCHENECTADY COUNTY CLERK 01/10/2024 10:08 AM INDEX NO. 2023-2105 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/10/2024 being filed? Has a summons and complaint or summons w/notice been þ o If Yes, date served: served? December 18, 2023 Is this action/proceeding being filed post-judgment? o þ If yes, judgment date NATURE OF JUDICIAL INTERVENTION: Check ONE box only AND enter additional information where indicated o Infant's Compromise o Extreme Risk Protection Order Application o Note of Issue and/or Certificate of Readiness o Notice of Medical, Dental, or Podiatric Malpractice Date Issue joined: o Notice of Motion Relief Sought: R o Notice of Petition Relief Sought: e R o Order to Show Cause Relief Sought: e R o Other Ex Parte Application Relief Sought: e o Poor Person Application o Request for Preliminary Conference þ Residential Mortgage Foreclosure Settlement Conference o Writ of Habeas Corpus o Other (Specify): RELATED List any related actions. For Matrimonial cases, list any related criminal or Family Court cases. If non, leave blank. If CASES: additional space is required, complete and attach the RJI Addendum (UCS-840A) Case Title Index/Case No. Court Judge (If assigned) Relationship to For parties without an attorney, check the “Un-rep” box and enter party’s address, phone number and e-mail in the PARTIES space provided. If additional space is required, complete and attach the RJI Addendum (USC-840A). Un-Rep Attorneys and Unrepresented Issued Joined Insurance Parties: Carriers Litigants: For each defendant For each List parties in same order as listed For represented parties, provide defendant, indicate if issue in the caption and indicate roles attorney’s name, firm name, indicate has been joined (e.g., plaintiff, defendant, 3rd party address, phone and email. For insurance plaintiff, etc.) unrepresented parties, provide carrier, if party’s address, phone and e-mail. applicable Name: Freedom Mortgage Corporation FRENKEL LAMBERT WEISS o Yes þ No o WEISMAN & GORDON, LLP Role(s): Plaintiff 53 Gibson Street Bay Shore, New York 11706 (631) 969-3100 www.flwlaw.com Name: JOSHUA FARRY o Yes 1301 Scott Street, þ Schenectady, NY 12306 þ No Role(s): Defendant Name: SECRETARY OF UNITED STATES ATTORNEY'S þ HOUSING and URBAN o Yes DEVELOPMENT OFFICE NORTHERN DISTRICT OF NEW YORK þ No Role(s): Defendant 445 BROADWAY. ROOM 542 ALBANY, NY 12207 Name: SUNMARK CREDIT o Yes 3563 Mohegan Avenue þ UNION (FORMERLY KNOWN AS Mohegan Lake, NY 10547 þ No SUNMARK FEDERAL CREDIT UNION) 2 of 4 FILED: SCHENECTADY COUNTY CLERK 01/10/2024 10:08 AM INDEX NO. 2023-2105 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/10/2024 Role(s): Defendant Name: VICTORIA FARRY, SHA o Yes 1301 Scott Street, þ JOHN DOE #1 Schenectady, NY 12306 þ No Role(s): Defendant I AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON INFORMATIOON AND BELIEF, THERE ARE NO OTHER RELATED ACTIONS OR PROCEEDINGS, EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION BEEN PREVIUSLY FILED IN THIS ACTION OR PROCEEDING. Dated: January 4, 2024 SIGNATURE 4900635 Deana Cheli ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAMES Our File No: 01-096695-F01 3 of 4 FILED: SCHENECTADY COUNTY CLERK 01/10/2024 10:08 AM INDEX NO. 2023-2105 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/10/2024 FORECLOSURE Request for Judicial Intervention Addendum SUPREME COURT, COUNTY OF Schenectady INDEX NO. 2023-2105 For use in ALL mortgage foreclosure actions where the property is: (check if Instructions applicable) If # 1 or # 2 is applicable: · Select "Residential Mortgage Foreclosure Settlement þ 1. A one- to four-family owner-occupied residential property Conference" as the Nature of Judicial Intervention on the RJ. OR · Identify the mortgage servicer · The Defendant/Respondent Information section below 2. An owner-occupied condominium MUST be completed for all defendants and attached in the RJI Mortgage Servicer: Freedom Mortgage DEFENDANT/RESPONDENT INFORMATION: List parties in caption order. Attach additional forms as necessary Name: JOSHUA FARRY Primary Phone: Secondary Phone: Address: 1301 Scott Street, Schenectady, NY 12306 e-mail: Street Address City State Zip 90-day Notice [RPAPL § 1304910] mailed on Comments: August 9, 2023 ATTENTION: Proof of service must be filed with this RJI for each defendant upon whom a summons and complaint or summons with notice has been served [CPLR § 3408] 4 of 4