On May 18, 2023 a
Request for Judicial Intervention
was filed
involving a dispute between
Carrington Mortgage Services Llc,
and
Any And All Known And Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees And All Other Parties Claiming An Interest By, Through, Under Or Against The Estate Of Frank V. Allan,
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,
New York State Department Of Taxation And Finance,
Renata Allan, As Heir, Devisee, Distributee Of The Estate Of Frank V. Allan,
Stanley E. Esposito, As Possible Executor Of The Estate Of Frank V. Allan,
Stanley E Esposito
-Executor Of The Estate Of Frank V Allan,
Stephen D. Feiman, As Heir, Devisee, Distributee Of The Estate Of Frank V. Allan,
Stephen D Feiman
-Heir, Devisee, Distributee Of The Estate Of Frank V Allan,
United States Of America Acting On Behalf Of The Department Of Treasury - The 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 Westchester County.
Preview
iD: OUN NK 06 DV INDEX NO. 61327/2023
NYSCEF BOC. NO. 37 RECEIVED NYSCEF: 11/06/2023
ucs-840
ta
REQUEST FOR JUDICIAL INTERVENTION (rev. 02/01/2022)
SUPREME COURT, COUNTY OF
Index No: 61327/2023 Date Index Issued: __ 5/18/2023. 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
CARRINGTON MORTGAGE SERVICES LLC
Plaintiff(s)/Petitioner(s) Judge Assigned
~against-
STANLEY E, ESPOSITO, AS EXECUTOR OF THE ESTATE OF FRANKV. ALLAN; STEPHEN D. FEIMAN, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF FRANKV. ALLAN;
RENATA ALLAN, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF FRANK V. ALLAN; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF RII Filed Date
HOUSING AND URBAN DEVELOPMENT; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE DEPARTMENT OF TREASURY - THE INTERNAL REVENUE SERVICE; NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE "JOHN DOE #1” through '} OHN DOE #10,"said names being fictitious and unknown to plaintif, intendedto be possible
tenants or occupants ofthe premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises
Defendant(s)/Respondent(s}
NATURE OF ACTION OR PROCEEDING Check only one box and specify where indicated.
[COMMERICIAL MATRIMONIAL
O Business Entity (includes corporations, partnerships, LLCs, LLPs, etc.) © Contested
© Contract NOTE: If there are children under the age of 18, complete and attach the
(© Insurance (where insurance company is a party, except arbitration) MATRIMONIAL Ril ADDENDUM (UCS-840M).
|O UCC (includes sales and negotiable instruments) For Uncontested Matrimonial actions, use the Uncontested Divorce RII (UD-13).
‘© other Commercial (specify): REAL PROPERTY Specify how many properties the application includes:
NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR 202.70(d), IO Condemnation
complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C). © Mortgage Foreclosure (specify): @ Residential O Commercial
[TORTS Property Address: 71 PINE AVE OSSINING, NY 10562
CO Asbestos NOTE: For Mortgage Foreclosure actions involving a one to four-family,
© Child Victims Act owner-occupied residential property or owner-occupied condominium,
O Environmental (specify): complete and attach the FORECLOSURE RjI ADDENDUM (UCS-840F).
‘© Medical, Dental or Podiatric Malpractice O Partition
'O Motor Vehicle NOTE: Complete and attach the PARTITION RJI ADDENDUM (UCS-840P).
O Products Liability (specify): O Tax Certiorari (specify): Section: Block: Lot:
‘© Other Negligence (specify): O Tax Foreclosure
'O Other Professional Malpractice (specify): ‘© Other Real Property (specify):
‘© other Tort (specify): OTHER MATTERS
SPECIAL PROCEEDINGS O Certificate of Incorporation/Dissolution [see NOTE in COMMERCIAL section]
O Child-Parent Security Act (specify): Qaassisted Reproduction Q)Surrogacy Agreement|) Emergency Medical Treatment
CO CPLR Article 75 — Arbitration [see NOTE in COMMERCIAL section] O Habeas Corpus
© CPLR Article 78 — Proceeding against a Body or Officer ‘© Local Court Appeal
O Election Law O Mechanic’s Lien
© Extreme Risk Protection Order IO Name Change/Sex Designation Change
© MHL Article 9.60 — Kendra’s Law O Pistol Permit Revocation Hearing
'O MHL Article 10 — Sex Offender Confinement (specify): Olnitial Oneview © Sale or Finance of Religious/Not-for-Profit Property
'O MHL Article 81 (Guardianship) O other (specify):
'O Other Mental Hygiene (specify):
© Other Special Proceeding (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 with notice been filed? @ ° If yes, date filed: 05/18/2023_
Has a summons and complaint or summons with notice been served? ® O° If yes, date served: 07/20/2023
Is this action/proceeding being filed post-judgment? O° © If yes, judgment date:
NATURE OF JUDICIAL INTERVENTION Check one box only and enter additional information where indicated.
Infant's Compromise
Extreme Risk Protection Order Application
Note of Issue/Certificate of Readiness
Notice of Medical, Dental or Podiatric Malpractice Date Issue Joined
Notice of Motion Relief Requested MOTION TO PUBLISH Return Date: 12/04/2023
Notice of Petition Relief Requested Return Date:
Order to Show Cause Relief Requested Return Date:
Other Ex Parte Application Relief Requested
Partition Settlement Conference
Poor Person Application
Request for Preliminary Conference
Residential Mortgage Foreclosure Settlement Conference
Writof Habeas Corpus
Other (specify):
1 of 2
iD: OUN NK 06 DV INDEX NO. 61327/2023
ReitED eXSes YU List2Ay related actions. For Matrimonial cases, list any related criminal or Family Court cases. Whore!
eave blank T= +4700. 6
If additional space is required, complete and attach the RJI ADDENDUM (UCS-840A).
[Case Title index/Case Number [Court [Iudge (if assigned) Relationship to instant case
PARTIES. For parties without an attorney, check the “Un-Rep” box and enter the party’s address, phone number and email in the space provided.
If additional space is required, complete and attach the RJI ADDENDUM (UCS-840A).
[Un- Parties [Attorneys and Unrepresented Litigants Issue Joined Insurance Carriers
Rep List parties in same order as listed in the For represented parties, provide attorney’s name, firm name, address, phone and For each defendant, For each defendant,
caption and indicate roles (e.g., plaintiff, lemail. For unrepresented parties, provide party’s address, phone and email. indicate if issue has indicate insurance
Jdefendant, 3% party plaintiff, etc.) been joined. carrier, if applicable.
Name: caRRINGTON MORTGAGE SERVICES LLC Meir Weiss, Esq., GREENSPOON MARDER LLP, 590 MADISON AVENUE,
O Role(s)
Plaintiff
SUITE 1800, NEW YORK, NY 10022, 212-524-5000, meir.weiss@gmlaw.com @yYes Ono
Name: cramer. esposiro, as EXECUTOR OF THE ESTATE 704 HALF MOON BAY DRIVE
Role(s) CROTON ON HUDSON, NY 10520 Oves @no
Defendant
Name: srepieno. Fema, as HEIR, DEVSEE, DSTRIRUTEE STANLEY E. ESPOSITO, ESQ., 390 BEDFORD RD., PLEASANTVILLE, NY 10570-3017,
Role(s) 914-769-6040 @yes Ono
Defendant
Name: RENATAALLAN, AS HEIR, DEVISEE, OSTRIBUTEE OF TH NOT SERVED - PUBLICATION REQUIRED
Role(s) Ovyes @no
Defendant
Name: uyvrepstares oF AMERICAACTING ON BEHALF OF T JOHN E. GURA, JR., ESQ., US ATTORNEYS OFFICE, 86 CHAMBERS STREET, 3RD FLOOR
Role(s) NEW YORK CITY, NY 10007, 212-637-2712 @yes Ono
Defendant
Name: uyrepstares oF AMERICA ACTING ON BEHALF OF T JOHN E. GURA, J R., ESQ., US ATTORNEYS OFFICE, 86 CHAMBERS STREET, 3RD FLOOR
Role(s) NEW YORK CITY, NY 10007, 212-637-2712 @yes Ono
Defendant
Name: NEWYORK STATE DEPARTHENT OF TAXATION AND FIN 300 MOTOR PARKWAY
Role(s) HAUPPAUGE, NY 11788 Ovyes @no
Defendant
Name: + HN DOE" 1-10 NOT SERVED - NO DOES
Role(s): Defendant Oves @no
Name:
Role(s) Oves ONo
Name:
Role(s) Oves Ono
Name:
Role(s) Oves Ono
Name:
Role(s) Oves Ono
Name:
Role(s) Oves ONo
Name:
O Role(s) Ovyes Ono
Name:
O Role(s) Oves Ono
| AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON INFORMATION AND BELIEF, THERE ARE NO OTHER RELATED ACTIONS OR PROCEEDINGS,
EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION BEEN PREVIOUSLY FILED IN THIS ACTION OR PROCEEDING.
Dated: November 6, 2023 /s/ Meir Weiss
Signature
5773742 Meir Weiss, Esq.
Attorney Registration Number Print Name
2 of 2
Preview
iD: OUN NK 06 DV INDEX NO. 61327/2023 NYSCEF BOC. NO. 37 RECEIVED NYSCEF: 11/06/2023 ucs-840 ta REQUEST FOR JUDICIAL INTERVENTION (rev. 02/01/2022) SUPREME COURT, COUNTY OF Index No: 61327/2023 Date Index Issued: __ 5/18/2023. 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 CARRINGTON MORTGAGE SERVICES LLC Plaintiff(s)/Petitioner(s) Judge Assigned ~against- STANLEY E, ESPOSITO, AS EXECUTOR OF THE ESTATE OF FRANKV. ALLAN; STEPHEN D. FEIMAN, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF FRANKV. ALLAN; RENATA ALLAN, AS HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF FRANK V. ALLAN; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF RII Filed Date HOUSING AND URBAN DEVELOPMENT; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE DEPARTMENT OF TREASURY - THE INTERNAL REVENUE SERVICE; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE "JOHN DOE #1” through '} OHN DOE #10,"said names being fictitious and unknown to plaintif, intendedto be possible tenants or occupants ofthe premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises Defendant(s)/Respondent(s} NATURE OF ACTION OR PROCEEDING Check only one box and specify where indicated. [COMMERICIAL MATRIMONIAL O Business Entity (includes corporations, partnerships, LLCs, LLPs, etc.) © Contested © Contract NOTE: If there are children under the age of 18, complete and attach the (© Insurance (where insurance company is a party, except arbitration) MATRIMONIAL Ril ADDENDUM (UCS-840M). |O UCC (includes sales and negotiable instruments) For Uncontested Matrimonial actions, use the Uncontested Divorce RII (UD-13). ‘© other Commercial (specify): REAL PROPERTY Specify how many properties the application includes: NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR 202.70(d), IO Condemnation complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C). © Mortgage Foreclosure (specify): @ Residential O Commercial [TORTS Property Address: 71 PINE AVE OSSINING, NY 10562 CO Asbestos NOTE: For Mortgage Foreclosure actions involving a one to four-family, © Child Victims Act owner-occupied residential property or owner-occupied condominium, O Environmental (specify): complete and attach the FORECLOSURE RjI ADDENDUM (UCS-840F). ‘© Medical, Dental or Podiatric Malpractice O Partition 'O Motor Vehicle NOTE: Complete and attach the PARTITION RJI ADDENDUM (UCS-840P). O Products Liability (specify): O Tax Certiorari (specify): Section: Block: Lot: ‘© Other Negligence (specify): O Tax Foreclosure 'O Other Professional Malpractice (specify): ‘© Other Real Property (specify): ‘© other Tort (specify): OTHER MATTERS SPECIAL PROCEEDINGS O Certificate of Incorporation/Dissolution [see NOTE in COMMERCIAL section] O Child-Parent Security Act (specify): Qaassisted Reproduction Q)Surrogacy Agreement|) Emergency Medical Treatment CO CPLR Article 75 — Arbitration [see NOTE in COMMERCIAL section] O Habeas Corpus © CPLR Article 78 — Proceeding against a Body or Officer ‘© Local Court Appeal O Election Law O Mechanic’s Lien © Extreme Risk Protection Order IO Name Change/Sex Designation Change © MHL Article 9.60 — Kendra’s Law O Pistol Permit Revocation Hearing 'O MHL Article 10 — Sex Offender Confinement (specify): Olnitial Oneview © Sale or Finance of Religious/Not-for-Profit Property 'O MHL Article 81 (Guardianship) O other (specify): 'O Other Mental Hygiene (specify): © Other Special Proceeding (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 with notice been filed? @ ° If yes, date filed: 05/18/2023_ Has a summons and complaint or summons with notice been served? ® O° If yes, date served: 07/20/2023 Is this action/proceeding being filed post-judgment? O° © If yes, judgment date: NATURE OF JUDICIAL INTERVENTION Check one box only and enter additional information where indicated. Infant's Compromise Extreme Risk Protection Order Application Note of Issue/Certificate of Readiness Notice of Medical, Dental or Podiatric Malpractice Date Issue Joined Notice of Motion Relief Requested MOTION TO PUBLISH Return Date: 12/04/2023 Notice of Petition Relief Requested Return Date: Order to Show Cause Relief Requested Return Date: Other Ex Parte Application Relief Requested Partition Settlement Conference Poor Person Application Request for Preliminary Conference Residential Mortgage Foreclosure Settlement Conference Writof Habeas Corpus Other (specify): 1 of 2 iD: OUN NK 06 DV INDEX NO. 61327/2023 ReitED eXSes YU List2Ay related actions. For Matrimonial cases, list any related criminal or Family Court cases. Whore! eave blank T= +4700. 6 If additional space is required, complete and attach the RJI ADDENDUM (UCS-840A). [Case Title index/Case Number [Court [Iudge (if assigned) Relationship to instant case PARTIES. For parties without an attorney, check the “Un-Rep” box and enter the party’s address, phone number and email in the space provided. If additional space is required, complete and attach the RJI ADDENDUM (UCS-840A). [Un- Parties [Attorneys and Unrepresented Litigants Issue Joined Insurance Carriers Rep List parties in same order as listed in the For represented parties, provide attorney’s name, firm name, address, phone and For each defendant, For each defendant, caption and indicate roles (e.g., plaintiff, lemail. For unrepresented parties, provide party’s address, phone and email. indicate if issue has indicate insurance Jdefendant, 3% party plaintiff, etc.) been joined. carrier, if applicable. Name: caRRINGTON MORTGAGE SERVICES LLC Meir Weiss, Esq., GREENSPOON MARDER LLP, 590 MADISON AVENUE, O Role(s) Plaintiff SUITE 1800, NEW YORK, NY 10022, 212-524-5000, meir.weiss@gmlaw.com @yYes Ono Name: cramer. esposiro, as EXECUTOR OF THE ESTATE 704 HALF MOON BAY DRIVE Role(s) CROTON ON HUDSON, NY 10520 Oves @no Defendant Name: srepieno. Fema, as HEIR, DEVSEE, DSTRIRUTEE STANLEY E. ESPOSITO, ESQ., 390 BEDFORD RD., PLEASANTVILLE, NY 10570-3017, Role(s) 914-769-6040 @yes Ono Defendant Name: RENATAALLAN, AS HEIR, DEVISEE, OSTRIBUTEE OF TH NOT SERVED - PUBLICATION REQUIRED Role(s) Ovyes @no Defendant Name: uyvrepstares oF AMERICAACTING ON BEHALF OF T JOHN E. GURA, JR., ESQ., US ATTORNEYS OFFICE, 86 CHAMBERS STREET, 3RD FLOOR Role(s) NEW YORK CITY, NY 10007, 212-637-2712 @yes Ono Defendant Name: uyrepstares oF AMERICA ACTING ON BEHALF OF T JOHN E. GURA, J R., ESQ., US ATTORNEYS OFFICE, 86 CHAMBERS STREET, 3RD FLOOR Role(s) NEW YORK CITY, NY 10007, 212-637-2712 @yes Ono Defendant Name: NEWYORK STATE DEPARTHENT OF TAXATION AND FIN 300 MOTOR PARKWAY Role(s) HAUPPAUGE, NY 11788 Ovyes @no Defendant Name: + HN DOE" 1-10 NOT SERVED - NO DOES Role(s): Defendant Oves @no Name: Role(s) Oves ONo Name: Role(s) Oves Ono Name: Role(s) Oves Ono Name: Role(s) Oves Ono Name: Role(s) Oves ONo Name: O Role(s) Ovyes Ono Name: O Role(s) Oves Ono | AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON INFORMATION AND BELIEF, THERE ARE NO OTHER RELATED ACTIONS OR PROCEEDINGS, EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION BEEN PREVIOUSLY FILED IN THIS ACTION OR PROCEEDING. Dated: November 6, 2023 /s/ Meir Weiss Signature 5773742 Meir Weiss, Esq. Attorney Registration Number Print Name 2 of 2