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FILED: ALBANY COUNTY CLERK 04/24/2024 02:49 PM INDEX NO. 903998-24
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/24/2024
STATE OF NEW YORK BOND NO. S-951060
SUPREME COURT ALBANY COUNTY
In the Matter of the Index No.:
Special Proceeding Application of
SANTANDER CONSUMER USA, INC.,
Petitioner (s)/Plaintiff(s), UNDERTAKING IN THE
SUM OF $40,000.00
-against-
FINAL TOUCH AUTO BODY CARE & COLLISION, INC.,
and NEW YORK
THE STATE DEPARTMENT
OF MOTOR VEHICLES,
Respondent (s)/Defendant(s).
______________--...._..-------.._.._____..---..__..___-__...
WHEREAS, Petitioner has commenced a special proceeding to redeem and/or cancel a
garageman's lien asserted by Respondent FINAL TOUCH AUTO BODY CARE & COLLISION,
INC., against a certain 2020 Dodge which Petitioner owns and to recover possession of said vehicle and as
part of such proceeding has moved to substitute an undertaldng in place of the vehicle in an amount
sufficient to provide security for payment of the garage's lien claim in the event said Respondent proves it
possesses a valid garage lien.
NOW, THEREFORE, the undersigned, NGM Insurance Company, a corporation authorized to
do business under the laws of the State of New York, and having an office and principal place of business
at 220 Salina Meadows Parkway, Suite 200, Syracuse, NY 13212, does hereby pursuant to the law as
made and provided, undertake and become bound to pay to Respondent FINAL TOUCH AUTO BODY
CARE & COLLISION, INC., any garage lien claim charges which are determined by the Court to be
lawfully due to said Respondent relative to 2020 Dodge which is the subject of this proceeding not
exceeding the sum of $40,000.00.
23d
DATED THIS DAY OF JANUARY, 2024.
NGM INSURANCE COMPANY
By:
Nicholas A. Hanley, Attorney in Fact
and New York Agent
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FILED: ALBANY COUNTY CLERK 04/24/2024 02:49 PM INDEX NO. 903998-24
NYSCEF DOC.MAIN
NO. 3
STREET
I
j
K
tw,K POWER
RECEIVED NYSCEF: 04/24/2024
OF ATTORNEY
S-951060
KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office
in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By-Laws of said Company, to wit:
"SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power
and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal
of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond,
recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power
them."
and authority given to
does hereby make, constitute and appoint Nicholas A Hanley, William R Hanley, April Reagan its true and lawful Attorney-in-fact, to make,
execute, seal and deliver for and on its behalf, and as its act and deed bond number S-951060 dated January 23, 2024 ,
on behalf of Santander Consumer USA, Inc.
in favor of Final Touch Auto Body Care & Collision, Inc., and The New York State Departrnent of Motor Vehicles
for Forty Thousand and 00/100 Dollars ($ 40,000.00 )
and to bind NGM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the duly authorized
officers of NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed.
This power of attomey is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors
of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977.
Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking,
recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted
by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon
the company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Assistant Secretary and its
corporate seal to be hereto affixed this 24th day of August, 2023 waa%,
NGM INSURANCE COMPANY By: has
"""
Lauren K. Powell
Assistant Secretary
State of Wisconsin, .
County of Dane.
On this 24th day of August, 2023 before the subscriber a Notary Public of State of Wisconsin in and for the County of Dane duly
commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer described
herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed
and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said
Company, and the said corporate seal and her signatu e as officer were duly affixed and subsen*ed to the said instrument by the
authority and direction of the said Company; that Article IV, Section 2 of the By-Laws of said Company is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Madison,Wisconsin this day 24th of August,
2023.
My commissionExpires May 21, 2027 o
I, AndrewRose, Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Company at Madison, Wisconsin this 23 day of January , 2024 .
192s b
Vice President %
WARN1NG: Any unauthorized reproduction or alteration of this document is prohibited.
TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281.
TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431
Attn: Bond Claim Dept.or call our Bond Claim Dept. at 1-603-358-1437
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FILED: ALBANY COUNTY CLERK 04/24/2024 02:49 PM INDEX NO. 903998-24 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/24/2024 STATE OF NEW YORK BOND NO. S-951060 SUPREME COURT ALBANY COUNTY In the Matter of the Index No.: Special Proceeding Application of SANTANDER CONSUMER USA, INC., Petitioner (s)/Plaintiff(s), UNDERTAKING IN THE SUM OF $40,000.00 -against- FINAL TOUCH AUTO BODY CARE & COLLISION, INC., and NEW YORK THE STATE DEPARTMENT OF MOTOR VEHICLES, Respondent (s)/Defendant(s). ______________--...._..-------.._.._____..---..__..___-__... WHEREAS, Petitioner has commenced a special proceeding to redeem and/or cancel a garageman's lien asserted by Respondent FINAL TOUCH AUTO BODY CARE & COLLISION, INC., against a certain 2020 Dodge which Petitioner owns and to recover possession of said vehicle and as part of such proceeding has moved to substitute an undertaldng in place of the vehicle in an amount sufficient to provide security for payment of the garage's lien claim in the event said Respondent proves it possesses a valid garage lien. NOW, THEREFORE, the undersigned, NGM Insurance Company, a corporation authorized to do business under the laws of the State of New York, and having an office and principal place of business at 220 Salina Meadows Parkway, Suite 200, Syracuse, NY 13212, does hereby pursuant to the law as made and provided, undertake and become bound to pay to Respondent FINAL TOUCH AUTO BODY CARE & COLLISION, INC., any garage lien claim charges which are determined by the Court to be lawfully due to said Respondent relative to 2020 Dodge which is the subject of this proceeding not exceeding the sum of $40,000.00. 23d DATED THIS DAY OF JANUARY, 2024. NGM INSURANCE COMPANY By: Nicholas A. Hanley, Attorney in Fact and New York Agent 1 of 2 FILED: ALBANY COUNTY CLERK 04/24/2024 02:49 PM INDEX NO. 903998-24 NYSCEF DOC.MAIN NO. 3 STREET I j K tw,K POWER RECEIVED NYSCEF: 04/24/2024 OF ATTORNEY S-951060 KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By-Laws of said Company, to wit: "SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power them." and authority given to does hereby make, constitute and appoint Nicholas A Hanley, William R Hanley, April Reagan its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed bond number S-951060 dated January 23, 2024 , on behalf of Santander Consumer USA, Inc. in favor of Final Touch Auto Body Care & Collision, Inc., and The New York State Departrnent of Motor Vehicles for Forty Thousand and 00/100 Dollars ($ 40,000.00 ) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the duly authorized officers of NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed. This power of attomey is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Assistant Secretary and its corporate seal to be hereto affixed this 24th day of August, 2023 waa%, NGM INSURANCE COMPANY By: has """ Lauren K. Powell Assistant Secretary State of Wisconsin, . County of Dane. On this 24th day of August, 2023 before the subscriber a Notary Public of State of Wisconsin in and for the County of Dane duly commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and her signatu e as officer were duly affixed and subsen*ed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Madison,Wisconsin this day 24th of August, 2023. My commissionExpires May 21, 2027 o I, AndrewRose, Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Madison, Wisconsin this 23 day of January , 2024 . 192s b Vice President % WARN1NG: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claim Dept.or call our Bond Claim Dept. at 1-603-358-1437 2 of 2