On March 26, 2024 a
Party Statement
was filed
involving a dispute between
Citimortgage, Inc.,
and
Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or Generally Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included
The Wife, Widow, Husband, Widower, Heirs-At Law, Next Of Kin, Descendants, Executors, Administrators, Devisees, Legatees, Creditors, Trustees, Committees, Lienors, And Assignees Of Flavio De Martino A K A Flavio Demartino,Deceased Any And All Persons,
Approved Oil Co,
Deriving Interest In Or Lien Upon Or Title To Said Real Property By Through Or Undr Them And Their Respective Wives Widows Husbands Widowers Heirs At Law Next Of Kin Descendants Executors Administrators Devisees Legatees Creditors Trustees Committees
Lienors And Assignees All Of Whom And Whose Names Except As Stated Are Unknown To Plaintiff,
John Doe #1 Through John Doe #12, 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,,
Joseph D'Eletto, As Co-Administrator And Heir To The Estate Of Lena D'Eletto A K A Arcangela D'Eletto A K A Lee Arcangela D'Eletto,
New York City Environmental Control Board,
New York City Parking Violations Bureau,
New York State Department Of Taxation And Finance,
Richard D'Eletto, As Co-Administrator And Heir To The Estate Of Lena D'Eletto A K A Arcangela D'Eletto A K A Lee Arcangela D'Eletto,
United States Of America - Internal Revenue Service,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 03/26/2024 04:30 PM INDEX NO. 804994/2024E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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CITIMORTGAGE, INC. INDEX NO.:
Plaintiff(s),
-against-
CERTIFICATE OF MERIT
any and all persons unknown to plaintiff, PURSUANT TO CPLR 3012-B
claiming, or who may claim to have an
interest in, or generally or specific lien Mortgaged Premise
upon the real property described in this
Address:
action; such unknown persons being herein
1728 VAN BUREN STREET,
generally described and intended to be
BRONX NY 10460
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 FLAVIO DE MARTINO
A/K/A FLAVIO DEMARTINO, deceased, any and
all persons deriving interest in or lien
upon, or title to said real property by,
through or under them and their respective
wives, widows, husbands, widowers, heirs-at
law, next of kin, descendants, executors,
administrators, devisees, legatees,
creditors, trustees, committees, lienors, and
assignees, all of whom and whose names,
except as stated, are unknown to plaintiff
RICHARD D'ELETTO, AS CO-ADMINISTRATOR AND
HEIR TO THE ESTATE OF LENA D'ELETTO A/K/A
ARCANGELA D'ELETTO A/K/A LEE ARCANGELA
D'ELETTO
JOSEPH D'ELETTO, AS CO-ADMINISTRATOR AND
HEIR TO THE ESTATE OF LENA D'ELETTO A/K/A
ARCANGELA D'ELETTO A/K/A LEE ARCANGELA
D'ELETTO
APPROVED OIL CO
NEW YORK CITY PARKING VIOLATIONS BUREAU
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FILED: BRONX COUNTY CLERK 03/26/2024 04:30 PM INDEX NO. 804994/2024E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/26/2024
NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE
UNITED STATES OF AMERICA - INTERNAL
REVENUE SERVICE
NEW YORK CITY ENVIRONMENTAL CONTROL BOARD
#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).
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1. I am an attorney at law duly licensed to practice in the state
of New York and am affiliated with the Law Firm of Roach & Lin,
P.C., attorney for Plaintiff CITIMORTGAGE, INC. in this action.
2. This residential foreclosure action involves a home loan, as
such term is defined in Real Property Actions
Proceedings and
Law § 1304. Upon information and belief, LENA D'ELETTO A/K/A
ARCANGELA D'ELETTO A/K/A LEE ARCANGELA D'ELETTO and FLAVIO DE
MARTINO A/K/A FLAVIO DEMARTINO, are deceased, and therefore are
not residents of the property subject to foreclosure.
3. I have reviewed the facts of this case and reviewed pertinent
documents, including the Mortgage, security agreement and note
or bond underlying the Mortgage executed by defendant, all
instruments of assignment (if any), and all other instruments
of indebtedness including any modification, extension, and
consolidation.
4. I have consulted about the facts of this case with the following
representatives of plaintiff:
Name Title
MARCUS HANDLEY VICE PRESIDENT DOCUMENT EXECUTION
5. Upon this review and consultation, to the best of my knowledge,
information, and belief, I certify that there is a reasonable
basis for the commencement of this action, and that plaintiff
is the creditor entitled to enforce rights under these
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FILED: BRONX COUNTY CLERK 03/26/2024 04:30 PM INDEX NO. 804994/2024E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/26/2024
documents.
6. Listed in Exhibit A and attached hereto are copies of the
following documents not otherwise included as attachments to
the summons and complaint: the Mortgage, security agreement and
note orbond underlying the Mortgage executed by the defendant;
all instruments of assignment (if any); and any other instrument
of indebtedness, including any modification, extension, and
consolidation. (Check box if no documents are attached in
Exhibit A: )
7. Listed in Exhibit B and attached hereto are supplemental
affidavits attesting that certain documents as described in
paragraph 5 supra are lost, whether by destruction, theft, or
othe wise. (Check box if no documents are attached in Exhibit
B: .)
8. I am aware of my obligations under New York Rules of Professional
Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.
Dated: March 26, 2024
Yours, etc.
ROACH & LIN, P.C.
BY, Jenn fer R. Brennan
At orneys for Plaintiff
6851 Jericho Turnpike, Suite 185
Syosset, NY 11791
(516) 938-3100
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FILED: BRONX COUNTY CLERK 03/26/2024 04:30 PM INDEX NO. 804994/2024E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/26/2024
Index No: Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
CITIMORTGAGE, INC.,
Plaintiff,
- against -
UNKNOWN HEIRS OF FLAVIO DE MARTINO A/K/A FLAVIO DEMARTINO, ET
AL.,
Defendants.
CERTIFICATE OF MERIT
ROACH & LIN, P.C.
Attorneys for Plaintiff
Office and Post Office Address, Telephone
6851 JERICHO TURNPIKE, SUITE 185
SYOSSET, NY 11791
TEL: (516) 938-3100, FAX: (516) 931-4403
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Preview
FILED: BRONX COUNTY CLERK 03/26/2024 04:30 PM INDEX NO. 804994/2024E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX - - - - - - - - - - - - - - - - - - - - - x CITIMORTGAGE, INC. INDEX NO.: Plaintiff(s), -against- CERTIFICATE OF MERIT any and all persons unknown to plaintiff, PURSUANT TO CPLR 3012-B claiming, or who may claim to have an interest in, or generally or specific lien Mortgaged Premise upon the real property described in this Address: action; such unknown persons being herein 1728 VAN BUREN STREET, generally described and intended to be BRONX NY 10460 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 FLAVIO DE MARTINO A/K/A FLAVIO DEMARTINO, deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them and their respective wives, widows, husbands, widowers, heirs-at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees, all of whom and whose names, except as stated, are unknown to plaintiff RICHARD D'ELETTO, AS CO-ADMINISTRATOR AND HEIR TO THE ESTATE OF LENA D'ELETTO A/K/A ARCANGELA D'ELETTO A/K/A LEE ARCANGELA D'ELETTO JOSEPH D'ELETTO, AS CO-ADMINISTRATOR AND HEIR TO THE ESTATE OF LENA D'ELETTO A/K/A ARCANGELA D'ELETTO A/K/A LEE ARCANGELA D'ELETTO APPROVED OIL CO NEW YORK CITY PARKING VIOLATIONS BUREAU 1 of 4 FILED: BRONX COUNTY CLERK 03/26/2024 04:30 PM INDEX NO. 804994/2024E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/26/2024 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE NEW YORK CITY ENVIRONMENTAL CONTROL BOARD #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 1. I am an attorney at law duly licensed to practice in the state of New York and am affiliated with the Law Firm of Roach & Lin, P.C., attorney for Plaintiff CITIMORTGAGE, INC. in this action. 2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions Proceedings and Law § 1304. Upon information and belief, LENA D'ELETTO A/K/A ARCANGELA D'ELETTO A/K/A LEE ARCANGELA D'ELETTO and FLAVIO DE MARTINO A/K/A FLAVIO DEMARTINO, are deceased, and therefore are not residents of the property subject to foreclosure. 3. I have reviewed the facts of this case and reviewed pertinent documents, including the Mortgage, security agreement and note or bond underlying the Mortgage executed by defendant, all instruments of assignment (if any), and all other instruments of indebtedness including any modification, extension, and consolidation. 4. I have consulted about the facts of this case with the following representatives of plaintiff: Name Title MARCUS HANDLEY VICE PRESIDENT DOCUMENT EXECUTION 5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to enforce rights under these 2 of 4 FILED: BRONX COUNTY CLERK 03/26/2024 04:30 PM INDEX NO. 804994/2024E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/26/2024 documents. 6. Listed in Exhibit A and attached hereto are copies of the following documents not otherwise included as attachments to the summons and complaint: the Mortgage, security agreement and note orbond underlying the Mortgage executed by the defendant; all instruments of assignment (if any); and any other instrument of indebtedness, including any modification, extension, and consolidation. (Check box if no documents are attached in Exhibit A: ) 7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or othe wise. (Check box if no documents are attached in Exhibit B: .) 8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: March 26, 2024 Yours, etc. ROACH & LIN, P.C. BY, Jenn fer R. Brennan At orneys for Plaintiff 6851 Jericho Turnpike, Suite 185 Syosset, NY 11791 (516) 938-3100 3 of 4 FILED: BRONX COUNTY CLERK 03/26/2024 04:30 PM INDEX NO. 804994/2024E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/26/2024 Index No: Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX CITIMORTGAGE, INC., Plaintiff, - against - UNKNOWN HEIRS OF FLAVIO DE MARTINO A/K/A FLAVIO DEMARTINO, ET AL., Defendants. CERTIFICATE OF MERIT ROACH & LIN, P.C. Attorneys for Plaintiff Office and Post Office Address, Telephone 6851 JERICHO TURNPIKE, SUITE 185 SYOSSET, NY 11791 TEL: (516) 938-3100, FAX: (516) 931-4403 4 of 4