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INDEX NO. 612313/2015
NYSCEF DOC: NO. 453 RECEIVED NYSCEF:. 10/12/2016
E- a
Aet
At an IAS Part 28 of the Supreme Court of the
State of New York held in and for the County of
Suffolk at 210 Center Drive, Riverhead, New
York on the S¢+day of _Sp peur 4 2016,
PRESENT
Ss
—--— -HON. MARK D. COHEN,J.S.C = = =
= eee
nanenacenmenenenenenene— anne Index No.: 612313/2015
DR. ARIF S. IZMIRLIGIL,
Gort
Plaintiff,
oe yr ORDER AND JUDGMENT
se -against-
Layor of
ot STEVEN J. BAUM, P.C., STEVENJ. BAUM, ESQ.,
BRIAN B. KUMIEGA, ESQ. PATRICIA M.
key
DINSKY QJPI RPRO SIN C, THE
BANK OF NEW YORK MELLON , THE BANK OF
NEW YORK MELLON F/K/A THE BANK OF NEW
YORK, AS TRUSTEE FOR THE CHASE
MORTGAGE FINANCE TRUST SERIES 2006-S2 ENTERED: SEP 2 2 2016
AND J.P. MORGAN CHASE BANK, N.A.,
THOMAS F. WHELAN,
AND
AT: g Sam
Defendants.
eee nen en eee eee en em nn enn ene nena nn nn ne nnn nemnmnnnnnnns,
Dr. Arif S. Izmirligil (“Plaintiff”) having commenced this proceeding by filing a
Summons and Complaint on November 20, 2015:
AND, Plaintiff having filed a First Amended Summons and First Amended Complaint,
dated February 2, 2016
AND, Defendants Steven J..Baum, P.C., Steven J. Baum, Esq., Brian B. Kumiega, Esq.,
Defendants”) having
and Patricia M. Esdinsky, Esq. (collectively referred to herein as the “Baum
asserted in Plaintiff's
filed a Notice of Motion seeking an Order dismissing all causes of action
§ 3211(a)(1), CPLR §
First Amended Complaint against the Baum Defendants pursuant to CPLR
1 of 3
3211(a)(5) and CPLR § 3211(a)(7), as well as an Affirmation of Brett A. Scher in Support of the
Motion to Dismiss, dated May 20, 2016, with Exhibits A through X annexed thereto, and an
accompanying Memorandum of Law, dated May 20, 2016;
AND, Plaintiff having filed an Affidavit in Opposition to the Baum Defendants’ motion,
— =
dated June 7, 2016, and an accompanying Memorandum of Law in Opposition, dated June 7,
2016;
#!
AND, the Baum Defendants having filed a Reply Affirmation of Brett A. Scher is Pasle D¢
135° Cressw0sj
wood bury My 1 4797
Support of the Baum Defendants’ Motion to’ Dismiss, dated July 8, 2016;
parties and
AND, the Court having reviewed all pleadings and papers submitted by the
which is annexed
having issued a decision (the “Decision”), dated July 29, 2016 (a copy of
hereto as Exhibit “A”), granting the Baum Defendants’ motion to dismiss, directing that
Judgment be entered in favor of the Baum Defendants and the action against the Baum
Defendants be severed;
AND, upon all of the papers filed and proceedings had,
adyvdcatel
ORDERED AND-ADIUBGED that, for all the reasons set forth in the Decision,
porct this fuer Onverép hw 2 ie
AHA
First Amended
Md Baum Defendants’ motion to dismiss is granted; that all causes of action in the
prejudice; that this
Complaint asserted against the Baum Defendants are hereby dismissed with
ISL
to enter Judgment
action is severed against the Baum Defendants; and that the Clerk is directed
in favor of the Baum Defendants.
ENTER:
Ploraep] Gry”
David. Le. Singer
150 Broodhollow
Melutle. Hey
11 74) GRANTED MARK D. COHEN, J.S.C.
ND: 4828-3780-1782, v. 1 SEP 0 8 2016 Quer. Q Vacate +
Judith A. Pascale
CLERK OF SUFFOLK COUNTY
2 of 3
nooo wiesans
vi 910 AL
pVWds
S0% V 2Z das We
oaus
3 of 3
Preview
INDEX NO. 612313/2015 NYSCEF DOC: NO. 453 RECEIVED NYSCEF:. 10/12/2016 E- a Aet At an IAS Part 28 of the Supreme Court of the State of New York held in and for the County of Suffolk at 210 Center Drive, Riverhead, New York on the S¢+day of _Sp peur 4 2016, PRESENT Ss —--— -HON. MARK D. COHEN,J.S.C = = = = eee nanenacenmenenenenenene— anne Index No.: 612313/2015 DR. ARIF S. IZMIRLIGIL, Gort Plaintiff, oe yr ORDER AND JUDGMENT se -against- Layor of ot STEVEN J. BAUM, P.C., STEVENJ. BAUM, ESQ., BRIAN B. KUMIEGA, ESQ. PATRICIA M. key DINSKY QJPI RPRO SIN C, THE BANK OF NEW YORK MELLON , THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CHASE MORTGAGE FINANCE TRUST SERIES 2006-S2 ENTERED: SEP 2 2 2016 AND J.P. MORGAN CHASE BANK, N.A., THOMAS F. WHELAN, AND AT: g Sam Defendants. eee nen en eee eee en em nn enn ene nena nn nn ne nnn nemnmnnnnnnns, Dr. Arif S. Izmirligil (“Plaintiff”) having commenced this proceeding by filing a Summons and Complaint on November 20, 2015: AND, Plaintiff having filed a First Amended Summons and First Amended Complaint, dated February 2, 2016 AND, Defendants Steven J..Baum, P.C., Steven J. Baum, Esq., Brian B. Kumiega, Esq., Defendants”) having and Patricia M. Esdinsky, Esq. (collectively referred to herein as the “Baum asserted in Plaintiff's filed a Notice of Motion seeking an Order dismissing all causes of action § 3211(a)(1), CPLR § First Amended Complaint against the Baum Defendants pursuant to CPLR 1 of 3 3211(a)(5) and CPLR § 3211(a)(7), as well as an Affirmation of Brett A. Scher in Support of the Motion to Dismiss, dated May 20, 2016, with Exhibits A through X annexed thereto, and an accompanying Memorandum of Law, dated May 20, 2016; AND, Plaintiff having filed an Affidavit in Opposition to the Baum Defendants’ motion, — = dated June 7, 2016, and an accompanying Memorandum of Law in Opposition, dated June 7, 2016; #! AND, the Baum Defendants having filed a Reply Affirmation of Brett A. Scher is Pasle D¢ 135° Cressw0sj wood bury My 1 4797 Support of the Baum Defendants’ Motion to’ Dismiss, dated July 8, 2016; parties and AND, the Court having reviewed all pleadings and papers submitted by the which is annexed having issued a decision (the “Decision”), dated July 29, 2016 (a copy of hereto as Exhibit “A”), granting the Baum Defendants’ motion to dismiss, directing that Judgment be entered in favor of the Baum Defendants and the action against the Baum Defendants be severed; AND, upon all of the papers filed and proceedings had, adyvdcatel ORDERED AND-ADIUBGED that, for all the reasons set forth in the Decision, porct this fuer Onverép hw 2 ie AHA First Amended Md Baum Defendants’ motion to dismiss is granted; that all causes of action in the prejudice; that this Complaint asserted against the Baum Defendants are hereby dismissed with ISL to enter Judgment action is severed against the Baum Defendants; and that the Clerk is directed in favor of the Baum Defendants. ENTER: Ploraep] Gry” David. Le. Singer 150 Broodhollow Melutle. Hey 11 74) GRANTED MARK D. COHEN, J.S.C. ND: 4828-3780-1782, v. 1 SEP 0 8 2016 Quer. Q Vacate + Judith A. Pascale CLERK OF SUFFOLK COUNTY 2 of 3 nooo wiesans vi 910 AL pVWds S0% V 2Z das We oaus 3 of 3