Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 10:52 AM INDEX NO. 610666/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
SUPREMECOURTOFTHESTATEOF NEWYORK
COUNTYOFNASSAU
-----------------------------------------------------------------------x
L&L ASSOCIATESHOLDINGCORP.,
Plaintiff,
-against-
ARMANDO
G. PETRUCCELLI, if he be living, if he be
dead, his respective heirs-at-law, next of kin, distributees, INDEXNO.:
executors, administrators, trustees, devisees, legatees,
assignees, lienors, creditors, and successors in interest, and DATEFILED:
generally persons having or claiming under, by, or
all
through ARMANDO G. PETRUCCELLI,if he be dead, SUMMONS
whether by purchase, inheritance, lien or otherwise,
including any right, title or interest in and to the real
property described in the complaint herein, all of who and
whose names and places of residence are unknown to the
plaintiff,
UNITEDSTATESOFAMERICA; NEWYORKSTATE
DEPARTMENT OFTAXATIONANDFINANCE;
NASSAUCOUNTYTREASURER; IMPERIAL CREDIT
INDUSTRIES, INC.,
"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,
Defendants.
_____________________________________________---------________________Ç
TOTHEABOVENAMED
DEFENDANTS:
YOUAREHEREBYSUMMONED to answer the complaint in this action, to serve a
copy of your answer, or, if the complaint is not served with the summons, to serve notice of
appearance, on the plaintiff's attorney within twenty (20) days after the service of this summons,
exclusive of the date of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of NewYork), and in case of failure
to appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
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Plaintiff designates Nassau County as the place of trial. The basis of venue is the
location of the subject property.
NOTICE
YOUAREIN DANGER
OFLOSINGYOURHOME
you do not respond to this summonsand complaint by serving a copy of the
If
answer on the attorney for the tax lien holder who filed this foreclosure proceeding against
you and filing the answer with the court, a default judgment may be entered and you can
lose your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summonsand protect your property.
Sending a payment to the tax lien holder will not stop this foreclosure action.
YOUMUSTRESPOND BY SERVINGA COPYOFTHEANSWER ONTHE
ATTORNEY
FORTHE PLAINTIFF (TAX LIEN HOLDER)ANDFILING THE
ANSWERWITHTHECOURT.
Dated: June 18, 2024
LEVY & LEVY
Attorneys for Plaintiff
12 Tulip Drive
Great Neck, 11021
(516 55
BY:
SF JA LEVY, ESQ.
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HELP FORHOMEOWNERS
IN FORECLOSURE
NewYork State Law requires that we send you this notice about the foreclosure process.
Please read it carefully.
Summonsand Complaint
You are in your home. If you fail to respond to the summonsand
danger of losing
complaint in this foreclosure action, you may lose your home. Please read the summonsand
complaint carefully. You should immediately contact an attorney or your local legal aid office
to obtain advice on how to protect yourself.
Sources of Information and Assistance
The State you to become informed about your options in foreclosure.
encourages In
addition to seeking assistance from an attorney or legal aid office, there are government
agencies, and non-profit organizations that you may contact for information about possible
options, including trying to work with your lender during this process. To locate an entity near
you, you may call the toll-free helpline maintained by the NewYork State Department of
Financial Services at 1-800-342-3736 or visit the Department's website at www.dfs.ny.gov.
Rights and Obligations
YOUARENOTREQUIREDTOLEAVEYOURHOME
AT THIS TIME. You have the
to stay in your home during the foreclosure
right process. You are not required to leave your
home unless and until your property is sold at auction pursuant to a judgment of foreclosure
and sale. Regardless of whether you choose to remain in your home, YOUAREREQUIRED
TOTAKECAREOF YOURPROPERTYand pay property taxes in accordance with state and
local law.
Foreclosure rescue seams
Be careful of people with offers to "save" your home. There are
who approach you
individuals who watch for notices of foreclosure actions in order to unfairly profit from a
homeowner's distress. You should be extremely careful about any such promises and any
suggestions that you pay them a fee or sign over your deed. State law requires anyone offering
such services for profit to enter into a contract which fully describes the services they will
perform and fees they will charge, and which prohibits them from taking any money from you
until they have completed all such promised services.
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SUPREMECOURTOFTHESTATEOF NEWYORK
COUNTYOF NASSAU
________________________________--------------_____________------------Ç
L&L ASSOCIATESHOLDINGCORP.,
Plaintiff,
-against- INDEXNO.:
ARMANDO
G. PETRUCCELLI, if he be living, if he be DATEFILED:
dead, his respective heirs-at-law, next of kin, distributees,
executors, administrators, trustees, devisees, legatees,
assignees, lienors, creditors, and successors in interest, and COMPLAINT
generally all persons having or claiming under, by, or
through ARMANDO G. PETRUCCELLI,if he be dead,
whether by purchase, inheritance, lien or otherwise,
including any right, title or interest in and to the real
property described in the complaint herein, all of who and
whose names and places of residence are unknown to the
plaintiff,
UNITEDSTATESOFAMERICA; NEWYORKSTATE
DEPARTMENT OFTAXATIONANDFINANCE;
NASSAUCOUNTYTREASURER; IMPERIAL CREDIT
INDUSTRIES, INC.,
"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,
Defendants.
_________________________-------_____________________-------__________Ç
The plaintiff, by plaintiff's attorneys, LEVY & LEVY, complaining of defendants, upon
information and belief, alleges as follows:
FIRST: Plaintiff L&L ASSOCIATESHOLDINGCORP. is and was at all times
hereinafter mentioned a corporation organized under the laws of the State of NewYork.
SECOND: That defendants, if any, are organized and existing
the corporate under and by
virtue of the laws of the State of NewYork, or are authorized to do business in this State.
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THIRD: That the TOWNOF HEMPSTEADis a municipal corporation duly organized
and existingunder and by virtue of the laws of the State of NewYork and has duly levied certain
taxes, among others, on real property known and described as follows: See Schedule "A" -
Description"
"Legal annexed hereto and made a part hereof.
FOURTH: That a statement of taxes due on said real property was duly mailed to the
parties listed on the assessment rolls as the owner of said real property.
FIFTH:
That the collecting officer of the said municipal corporation delivered to the
County Treasurer of the County of Nassau an account of all taxes listed on the tax roll of said
municipal corporation which were unpaid.
SIXTH: That taxes listed on said tax roll as due and owing on the aforesaid real property
were included in said account of unpaid taxes as follows:
SCHOOLDISTRICT TAXESFORTHE YEAR2019/2020. FULL YEAR.
STATE, COUNTY,TOWN ANDSPECIALDISTRICT TAXESFORTHE
YEAR2020. FULL YEAR.
SEVENTH: That County Treasurer duly held a tax sale for the payment of taxes due
said
on the real property listed of unpaid delinquent taxes and duly issued a Certificate
in said account
of Sale of Tax Liens to plaintiff, a copy of which is annexed hereto as Exhibit "A", covering the
aforesaid described unpaid taxes and real property.
EIGHTH: That more than twenty-four (24) months have elapsed since the date of sale
mentioned in the tax lien.
NINTH: The tax lien has not been satisfied pursuant to §5-50.0 of the Nassau County
Administrative Code and the aforesaid real property has not been redeemed or conveyed.
TENTH: Plaintiff, therefore, elects to foreclose said tax lien and to recover the amount of
the tax lien and all of the interest, penalties, additions and expenses thereon.
ELEVENTH: Plaintiff verily believes that during
pendency of this action, in order to
the
protect the security and priority of the subject lien, plaintiff may be compelled to make payments
for taxes, assessments, and water rates, which are or become liens on the subject premises,
may
and any other charges and expenses for the protection of the premises, which payments and
advances, plus interest, are to be included in the balance due to plaintiff.
TWELFTH:That there is now due and owing to the plaintiff the following sums,
including, among other amounts, the amount of the tax lien certificate with interest thereon, and
other unpaid taxes paid by plaintiff with interest thereon, and affidavit fees, all with interest
thereon: See statement annexed hereto as Exhibit "B", along with interest to date of payment,
any additional advances, the costs and disbursements of the action, and legal fees, less the
difference between the amount of interest due computed at the maximumrate pursuant to Nassau
County Administrative Code §5-40.0, and the amount of interest due the plaintiff computed
pursuant to Nassau County Administrative Code §5-48.0.
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THIRTEENTH: Except as otherwise set forth below, each and all of the defendants have
or claim to have some interest in or lien upon the subject premises, or some part thereof, which
interest or if any, subject and subordinate to the lien
lien, is
being foreclosed herein.
FOURTEENTH:The defendants UNITEDSTATESOF AMERICAand NEWYORK
STATEDEPARTMENT
OF TAXATIONANDFINANCEare named as necessary party
defendants to foreclose the liens, if any, resulting from possible estate and/or inheritance taxes in
connection with the Estate of ARMANDO
G. PETRUCCELLI in the event that said party is
dead.
FIFTEENTH: Defendant, NASSAUCOUNTYTREASURER,
is made a party defendant
to foreclose said defendant's from the difference
lien that between the amount of interest
results
due computed at the maximumrate pursuant to Nassau County Administrative Code §5-40.0,
and the amount of interest due the plaintiff computed pursuant to Nassau County Administrative
Code §5-48.0, and on other tax liens, if any, junior to the lien being foreclosed in this action.
SIXTEENTH: That no other action has been brought to recover all or any part of said
sums.
WHEREFORE,
the plaintiff demands judgment that the defendants herein, and all
persons claiming under them, or any or either of them, subsequent to the commencementof
title
this action, and every person whose conveyance or incumbrance is
subsequent, or subsequently
recorded, may be barred and forever foreclosed of all right, claim, title, interest, lien, equity of
redemption, dower, right of dower, or inchoate right of dower, in and to the said liened premises;
that the said premises, or so much thereof as
may be sufficient to raise the amounts due the
plaintiff on the sum paid for said Certificate of Sale of Tax Liens, and also for other taxes and
assessments due to plaintiff, together with the interest thereon and penalties as prescribed by
statute and for costs, may be decreed to be sold to out of all the monies
according law, and,
arising from the sale thereof, the plaintiff may be paid the amounts due to plaintiff, with interest
allowed by statute thereon, and the costs and disbursements of this action, and legal fees, and
that the plaintiff may have such other and further relief, or both, in the premises as shall be just,
proper, and equitable.
Dated: June 18, 2024
LEVY & LEVY
Attorneys for Plaintiff
12 Tulip Drive
Gr t eck, NY 11021
(5 7-6655
BY:
HUALEVY, ESQ.
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SCHEDULE"A"
All that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being, and identified on the land and tax map of the County of Nassau
in the State of NewYork, as follows:
Town: HEMPSTEAD
School District: 22
Section: 32
Block: 246
Lot(s) 49-50
Upon information and belief, said premises are also known as and by street number: 363
Carnation Avenue, Floral Park, NY 11001.
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EXHIBIT "A"
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AFFECTEDTHEREBY:
CERTIFICATE OF SALE OF TAX LIENS ANDREALPROPERTY
Situated within the Town of Hempstead
Nassau County, N.Y.
$11,894.22
No. 2020006910
the sale of tax liens and real property affected thereby, for unpaid
THIS IS TO CERTIFY THATat
FULLGENERALFULL
SCHOOL
ANDSPECIAL DISTRICT TAXESFORTHEYEAR2021
STATE, COUNTY,TOWN
Mineola, Nassau County, N.Y. beginning
Chamber, Theodore Roosevelt Executive and
Legislative Building,
Held by the County Treasurer of the County of Nassau, at the Legislative
Code, (Chapter 272 of the laws of 1939 and all amendments thereto)
of the Nassau County Administrative
February 15, 2022 which tax sale was held pursuant to the provisions
February
which statutes are by reference made part hereof.
then and there which was assessed to PETRUCELLIARMANDO
G said real property being situated in
HOLDINGCORP purchased
L&L ASSOCIATES the tax lien on the property sold,
the Town of Hempstead Nassau County, N. Y., and described as follows:
ONTHE
AS SHOWN
DESCRIPTIONOFREALPROPERTY
NASSAUCOUNTYLANDANDTAXMAP
No. 00490 Group Lot 49-50
32 Block 246 Lot(s)
School District 022 , Section
aforesaid tax lien on the property affected thereby,
and the lien was
Hundred Ninety-Four and 22/100 Dollars was paid to the County Treasurer for the Nassau.
The sum of Eleven Thousand Eight
encumbrances and to any right, title or interest of record of the County
of
all claims for taxes or other liens and
purchased at the interest rate of 2 per centum, subject to and penalty borne at the maximum rate over the
interest
County's Differential Interest Lien, representing the excess, if any, of the interest
However, such tax liens have priority over the
and penalty borne at the rate at which the lien was
purchased,
Soldiers' Sailors'
Óivil Relief Acts, and to any and all
superior tax liens of sovereignties
of the Federal and State and
involved this sale are subject to the provisions
All liens on property in
Code.
and other municipalities, together with the provisions of the United States Bankruptcy
to pursue the remedies provided in the
Nassau County
shall be entitled
sooner redeemed, the holder of this tax sale certificate
After the expiration of the time to redeem, unless
Administrative Code for the enforcement of said sale.
set forth in the Nassau County Administrative
Code (Chapter
Treasurer shaff receive and allow satisfactions of the tax lien in the manner and on the terms election to foreclose the
The undersigned as County deed or until a notice of
of a County Treasurer's
of said tax lien shall be allowed until the delivery
272 of the laws of 1939) and amendments therto.
Satisfaction complaint and notice of pendency of action
together with proof by affidavit or certificate that a summons,
the holder of the tax sale certificate of sale, the County Treasurer will require
tax lien is filled with the County Treasurer by Clerk. In addition to the tax lien represented by this
certificate
the lien has been filed in the Office of the County
in an action to foreclose duly
interest defined in the Nassau County Administrative
lien as Code, if any exist.
satisfaction of differential
Witness and official seal
my hand
Nassau County, N. Y this
At Mineola,
COUNTYOFNASSAU
TREASURER,
18TH DAYOFFEBRUARY, 2022
Administrative Code (chapter 272 of the laws of
correspondence please refer to above certificate number and sale of February, 2022 section 5-49.0 of the Nassau County of taxes, may pay to the county
NOTE: In all
annual return of taxes to the county treasurer by the receiver
of sale of tax liens, at any time after the
1939) provides that "the holder of a
certificate
return and older taxes that are a lien on such property.
treasurer any taxes on such any
the payment is made by
to the Receiver of Taxes and when paying
such tax to the County Treasurer make sure to state at the time,
Do not attempt to make payment of any such taxes
you as tax lien purchaser.
FORMR121 8.5M 4/01
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EXHIBIT "B"
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Open Taxes Collection Year Lien
Sub Year Roll Cycle Base Penalty Interest Fees Total Due Date Effective Date
Lien ID Billing
2020006910 2020 SOLD S1 $5166.25 $0 $2066.5 $0 $7232.75 02/15/2022
2020006910 2020 SOLD S2 $4479.95 $0 $1791.98 $0 $6271.93 02/15/2022
2020006910 2020 SOLD T1 $1300.34 $0 $520.14 $0 $1820.48 02/15/2022
2020006910 2020 SOLD T2 $947.68 $0 $379.07 $250 $1576.75 03/04/2024
2021 SOLD S1 $4837.19 $0 $1934.88 $0 $6772.07 05/06/2022 05/06/2022
2020006910 1
SOLD S2 $4336.42 $0 $1734.56 $0 $6070.98 05/O6/2022 05/06/2022
2020006910 1 2021
2020006910 1 2021 SOLD T1 $1257.84 $0 $503.14 $0 $1760.98 05/06/2022 05/06/2022
2021 SOLD T2 $907.42 $0 $362.96 $0 $1270.38 05/06/2022 05/06/2022
2020006910 1
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2020006910 2 2021 SOLD S1 $483.72 $0 $193.49 $0 $677.21 05/06/2022 05/06/2022
2020006910 2 2021 SOLD S2 $433.64 $0 $173.45 $0 $607.09 05/06/2022 05/06/2022
2020006910 2 2021 SOLD T1 $125.78 $0 $50.31 $0 $176.09 05/06/2022 05/06/2022
2020006910 2 2021 SOLD T2 $90.74 $0 $36.3 $0 $127.04 05/06/2022 05/06/2022
2020006910 3 2022 SOLD S1 $4701.51 $0 $1880.6 $0 $6582.11 09/29/2022
2020006910 3 2022 SOLD S2 $4255.09 $0 $1702.04 $0 $5957.13 09/29/2022
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INDEX NO.
SUPREMECOURTOF THE STATEOF NEWYORK
COUNTYOFNASSAU
____________------________________________________-------______________________
L&L ASSOCIATESHOLDINGCORP.,
Plaintiff,
-against-
ARMANDO
G. PETRUCCELLI,ET AL.,
Defendants.
______________---------_____________________________-----______________________
SUMMONS
ANDCOMPLAINT
-------_____________________________-----______________________________--______
Sign a Rule 130-1.1 a)
JO UA LEVY, ESQ.
________ ______-------________________
EVY& LEVY
AT ORNEYSFORPLAINTIFF
12 TULIP DRIVE
GREATNECK, NY 11021
(516) 487-6655
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