Preview
FILED: WESTCHESTER COUNTY CLERK 01/16/2024 01:20 PM INDEX NO. 69795/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
______________________________________________ Index No. 69795/2023
State of New York Mortgage Agency,
Plaintiff,
ADDITIONAL NOTICE OF
- against - PENDENCY OF ACTION
Rhea Elizabeth Zificsak, as Executor of the Estate of Mortgage Servicer: Select
Maureen Susan Zificsak a/k/a Maureen Zificsa a/k/a Portfolio Servicing, Inc
Maureen S. Zificsa; William Zificsak; JPMorgan Chase
Bank, N.A.; State of New York, and “JOHN DOE”, said Mortgage Servicer Phone #:
name being fictitious, it being the intention of Plaintiff to (800) 258-8602
designate any and all occupants of premises being
foreclosed herein, and any parties, corporations or
entities, if any, having or claiming an interest or lien
upon the mortgaged premises,
Defendants.
______________________________________________
NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in
this Court upon a complaint of the above named Plaintiff against the above named Defendants
for the foreclosure of a Mortgage dated October 27, 2000, executed by John Zificsak, now
deceased and Maureen S. Zificsak, now deceased, as Mortgagor(s), to BNY Mortgage Company
LLC, as Mortgagee, to secure the sum of $140,600.00, and recorded in the Westchester County
Clerk’s Office on December 26, 2000, in Control Number 403250579. The Mortgage was
transferred to State of New York Mortgage Agency, and said transfer was memorialized by an
Assignment of Mortgage executed on October 27, 2000 and recorded December 27, 2000 in
Control Number 403250586.
In addition, the underlying Note was indorsed by the original lender or its agent,
successor, or assign, and was delivered to Plaintiff prior to the commencement of this action
23-093319 Additional Notice of Pendency of Action Page 1 of 3
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FILED: WESTCHESTER COUNTY CLERK 01/16/2024 01:20 PM INDEX NO. 69795/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/16/2024
NOTICE IS FURTHER GIVEN that the mortgaged premises affected by said
foreclosure action, at the time of the commencement of said action and at the time of the filing of
this notice, is situated at 41 North Goodwin Avenue, the County of Westchester and the State of
New York, and is more particularly described in said Mortgage and in Schedule "A" attached
hereto and made a part hereof.
The reason for filing this additional notice of pendency is that the previously filed notice
of pendency in this action is either invalid or otherwise may expire prior to the completion of this
action. The above is an action for the foreclosure of a mortgage and, as such, an additional
notice of pendency may be filed herein pursuant to CPLR 6516.
The Clerk of the County of Westchester is directed to index this notice to the name(s) of
all of the above Defendant(s) and the premises known as 41 North Goodwin Avenue, Elmsford,
NY 10523 (Section 5.30 Block 47 Lots 9 & 10).
Dated: January 12, 2024
Steven M. Palmer, Esq.
Foreclosure Attorney
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Our File No. 23-093319
23-093319 Additional Notice of Pendency of Action Page 2 of 3
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FILED: WESTCHESTER COUNTY CLERK 01/16/2024 01:20 PM INDEX NO. 69795/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/16/2024
SCHEDULE A
DESCRIPTION OF MORTGAGED PREMISES
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and
being in the Village of Elmsford, Town of Greenburgh, State of New York, known and designated as Lots No. 1 and 3 in
Block 57 on a certain map entitled, "Map of Building Lots and Villa Sites at Elmsford Park" made by Ward Carpenter and
Son, C.E.s, May 5, 1891 and filed on September 25th, 1893 in the Registers Office, now County Clerk's Office of
Westchester County, Division of Land Records as Map No. 1094, being more particularly described as follows:
BEGINNING at the intersection of the westerly side of North Goodwin Avenue with the northerly side of Whitney Street;
RUNNING THENCE westerly along the northerly side of Whitney Street North 81 degrees 34 minutes 20 seconds West a
distance of 100.00 feet to the division line between Lots 1 and 3 and Lots 2 and 4 on said map;
RUNNING THENCE along said division line North 08 degrees 25 minutes 40 seconds East a distance of 50.00 feet to the
division line between Lots 3 and 5 on said map;
RUNNING THENCE along said division line South 81 degrees 34 minutes 20 seconds East a distance of 100.00 feet to
the westerly side of North Goodwin Avenue;
RUNNING THENCE southerly along the westerly side of North Goodwin Avenue South 08 degrees 25 minutes 40
seconds West a distance of 50.00 feet to the point or place of beginning.
Premises: 41 North Goodwin Avenue, Elmsford, NY 10523
Tax Parcel ID No.: Section: 5.30 Block: 47 Lot: 10
Premises: 41 North Goodwin Avenue, Elmsford, NY 10523
Tax Parcel ID No.: Section: 5.30 Block: 47 Lot: 9
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FILED: WESTCHESTER COUNTY CLERK 01/16/2024 01:20 PM INDEX NO. 69795/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/16/2024
TO: THE CLERK OF THE COUNTY OF WESTCHESTER:
You are hereby directed to index the within Notice of Pendency of Action to the
name(s) of all of the Defendant(s) herein and the number of each block on the land map which is
affected by this Notice is hereby designated as follows:
Section 5.30 Block 47 Lots 9 & 10
41 North Goodwin Avenue, Elmsford, NY 10523
Dated: January 12, 2024
Rochester, New York
Steven M. Palmer, Esq.
Foreclosure Attorney
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Our File No. 23-093319
23-093319 Additional Notice of Pendency of Action Page 3 of 3
4 of 4
Preview
FILED: WESTCHESTER COUNTY CLERK 01/16/2024 01:20 PM INDEX NO. 69795/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ______________________________________________ Index No. 69795/2023 State of New York Mortgage Agency, Plaintiff, ADDITIONAL NOTICE OF - against - PENDENCY OF ACTION Rhea Elizabeth Zificsak, as Executor of the Estate of Mortgage Servicer: Select Maureen Susan Zificsak a/k/a Maureen Zificsa a/k/a Portfolio Servicing, Inc Maureen S. Zificsa; William Zificsak; JPMorgan Chase Bank, N.A.; State of New York, and “JOHN DOE”, said Mortgage Servicer Phone #: name being fictitious, it being the intention of Plaintiff to (800) 258-8602 designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. ______________________________________________ NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in this Court upon a complaint of the above named Plaintiff against the above named Defendants for the foreclosure of a Mortgage dated October 27, 2000, executed by John Zificsak, now deceased and Maureen S. Zificsak, now deceased, as Mortgagor(s), to BNY Mortgage Company LLC, as Mortgagee, to secure the sum of $140,600.00, and recorded in the Westchester County Clerk’s Office on December 26, 2000, in Control Number 403250579. The Mortgage was transferred to State of New York Mortgage Agency, and said transfer was memorialized by an Assignment of Mortgage executed on October 27, 2000 and recorded December 27, 2000 in Control Number 403250586. In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action 23-093319 Additional Notice of Pendency of Action Page 1 of 3 1 of 4 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 01:20 PM INDEX NO. 69795/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/16/2024 NOTICE IS FURTHER GIVEN that the mortgaged premises affected by said foreclosure action, at the time of the commencement of said action and at the time of the filing of this notice, is situated at 41 North Goodwin Avenue, the County of Westchester and the State of New York, and is more particularly described in said Mortgage and in Schedule "A" attached hereto and made a part hereof. The reason for filing this additional notice of pendency is that the previously filed notice of pendency in this action is either invalid or otherwise may expire prior to the completion of this action. The above is an action for the foreclosure of a mortgage and, as such, an additional notice of pendency may be filed herein pursuant to CPLR 6516. The Clerk of the County of Westchester is directed to index this notice to the name(s) of all of the above Defendant(s) and the premises known as 41 North Goodwin Avenue, Elmsford, NY 10523 (Section 5.30 Block 47 Lots 9 & 10). Dated: January 12, 2024 Steven M. Palmer, Esq. Foreclosure Attorney LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 Our File No. 23-093319 23-093319 Additional Notice of Pendency of Action Page 2 of 3 2 of 4 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 01:20 PM INDEX NO. 69795/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/16/2024 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Village of Elmsford, Town of Greenburgh, State of New York, known and designated as Lots No. 1 and 3 in Block 57 on a certain map entitled, "Map of Building Lots and Villa Sites at Elmsford Park" made by Ward Carpenter and Son, C.E.s, May 5, 1891 and filed on September 25th, 1893 in the Registers Office, now County Clerk's Office of Westchester County, Division of Land Records as Map No. 1094, being more particularly described as follows: BEGINNING at the intersection of the westerly side of North Goodwin Avenue with the northerly side of Whitney Street; RUNNING THENCE westerly along the northerly side of Whitney Street North 81 degrees 34 minutes 20 seconds West a distance of 100.00 feet to the division line between Lots 1 and 3 and Lots 2 and 4 on said map; RUNNING THENCE along said division line North 08 degrees 25 minutes 40 seconds East a distance of 50.00 feet to the division line between Lots 3 and 5 on said map; RUNNING THENCE along said division line South 81 degrees 34 minutes 20 seconds East a distance of 100.00 feet to the westerly side of North Goodwin Avenue; RUNNING THENCE southerly along the westerly side of North Goodwin Avenue South 08 degrees 25 minutes 40 seconds West a distance of 50.00 feet to the point or place of beginning. Premises: 41 North Goodwin Avenue, Elmsford, NY 10523 Tax Parcel ID No.: Section: 5.30 Block: 47 Lot: 10 Premises: 41 North Goodwin Avenue, Elmsford, NY 10523 Tax Parcel ID No.: Section: 5.30 Block: 47 Lot: 9 3 of 4 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 01:20 PM INDEX NO. 69795/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/16/2024 TO: THE CLERK OF THE COUNTY OF WESTCHESTER: You are hereby directed to index the within Notice of Pendency of Action to the name(s) of all of the Defendant(s) herein and the number of each block on the land map which is affected by this Notice is hereby designated as follows: Section 5.30 Block 47 Lots 9 & 10 41 North Goodwin Avenue, Elmsford, NY 10523 Dated: January 12, 2024 Rochester, New York Steven M. Palmer, Esq. Foreclosure Attorney LOGS LEGAL GROUP LLP Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 Our File No. 23-093319 23-093319 Additional Notice of Pendency of Action Page 3 of 3 4 of 4