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FILED: ERIE COUNTY CLERK 02/21/2018 03:18 PM INDEX NO. 808088/2015
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF Erie
—- ———X
--------------------------------------------------------------X Index No.: 808088/2015
MidFirst Bank
Plaintiff,
AFFIRMATION
-against-
Tony Rudolph, Secretary of Housing and Urban
Development, Dejean Ingram
Defendants,
------------------------------------------------------------X - —
Thomas M. Zegarelli, an attorney admitted to practice before the Courts of the State of
New York, hereby affirms the following to be true under the penalties of perjury:
1. I am an attorney with the law firm of Frenkel, Lambert, Weiss, Weisman &
Gordon, LLP attorneys for the plaintiff herein, and as such am fully familiar with all of the facts
and circumstances hereinafter set forth.
2. This is an action to foreclose a mortgage covering premises located at 47 Fredro
Street Buffalo, NY 14206.
Clerk'
3. A summons, complaint and notice of pendency was filed in the Erie County Clerk's
Office on July 02, 2015. A copy of the Summons, Complaint, and Notice of Pendency is annexed
hereto as Exhibit "A".
4. All of the defendants were duly served with copies of the Summons and Complaint
in this action. Copies of the Affidavits of Service are annexed hereto as Exhibit "B".
5. None of the defendants, except Secretary of Housing and Urban Development
appeared, answered or made any motion raising any objection to the complaint and are in default.
Their time to answer or appear was not extended by Court order or stipulation and they are not
entitled to notice of this application. The defendant, Secretary of Housing and Urban
Development, appeared in this action and waived notice of this application. A copy of the notice
of appearance is ann.exed hereto as Exhibit "C".
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FILED: ERIE COUNTY CLERK 02/21/2018 03:18 PM INDEX NO. 808088/2015
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2018
6. J. Grant Zajas, was appointed referee to Sell by Judgment of Foreclosure and Sale
entered on May 18, 2017. A copy of the Judgment of Foreclosure and Sale is annexed hereto as
Exhibit "D".
Zajas'
7. On or about February 5, 2018, affirmant's office was advised by J. Grant
office that he isunable to serve as Referee in this action as Z. Grant Zajas is deceased. A copy of
his obituary is annexed hereto as Exhibit "E". Therefore, plaintiff respectfully requests that a
substitute referee be appointed to Sell.
8. Pursuant to Real Property Actions and Proceedings Law (RPAPL) §1351, effective
December 20, 2016, provides that a foreclosure sale occur "within ninety days of the date of the
judgment."
As a a substitute referee must be appointed to Sell, your affirmant respectfully
submits that sufficient cause exists as to why a sale of the subject property has not yet been
completed and requests that the Courts extend the deadline date to complete the foreclosure sale
pursuant to CPLR 2004.
9. No prior application, for the relief requested herein, has been made to and other
Court or Justice.
WHEREFORE, plaintiff respectfully requests the appointment of a substitute referee.
Dated: Bay Shore, New York
February 12, 2018
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FILED: ERIE COUNTY CLERK 02/21/2018 03:18 PM INDEX NO. 808088/2015
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2018
CERTIFICATION BY ATTORNEY
Thomas M. Zegarelli, Esq., an attorney duly admitted to practice law before the Courts of
the State of New York, am an attorney with the firm of Frenkel, Lambert, Weiss, Weisman &
Gordon, LLP, attorneys for the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a,
states as follows:
1. I hereby certify, under the penalty of perjury and as an officer of the Court, that, to
the best of my knowledge, information and belief, formed after an inquiry reasonable under the
circumstances, the presentation of the within paper or the contentions therein are not frivolous as
defined in subsection (c) of section 130-1.1, including that the substance of the factual statements
therein are not false.
Dated: Bay Shore, New York
February 12, 2018
T 0 s M. Zegar
Krenkel,
Kreiikel, Lambe, Weiss, Weisman k
& Gordon, LLP
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FILED: ERIE COUNTY CLERK 02/21/2018 03:18 PM INDEX NO. 808088/2015 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Erie —- ———X --------------------------------------------------------------X Index No.: 808088/2015 MidFirst Bank Plaintiff, AFFIRMATION -against- Tony Rudolph, Secretary of Housing and Urban Development, Dejean Ingram Defendants, ------------------------------------------------------------X - — Thomas M. Zegarelli, an attorney admitted to practice before the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: 1. I am an attorney with the law firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP attorneys for the plaintiff herein, and as such am fully familiar with all of the facts and circumstances hereinafter set forth. 2. This is an action to foreclose a mortgage covering premises located at 47 Fredro Street Buffalo, NY 14206. Clerk' 3. A summons, complaint and notice of pendency was filed in the Erie County Clerk's Office on July 02, 2015. A copy of the Summons, Complaint, and Notice of Pendency is annexed hereto as Exhibit "A". 4. All of the defendants were duly served with copies of the Summons and Complaint in this action. Copies of the Affidavits of Service are annexed hereto as Exhibit "B". 5. None of the defendants, except Secretary of Housing and Urban Development appeared, answered or made any motion raising any objection to the complaint and are in default. Their time to answer or appear was not extended by Court order or stipulation and they are not entitled to notice of this application. The defendant, Secretary of Housing and Urban Development, appeared in this action and waived notice of this application. A copy of the notice of appearance is ann.exed hereto as Exhibit "C". 1 of 3 FILED: ERIE COUNTY CLERK 02/21/2018 03:18 PM INDEX NO. 808088/2015 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2018 6. J. Grant Zajas, was appointed referee to Sell by Judgment of Foreclosure and Sale entered on May 18, 2017. A copy of the Judgment of Foreclosure and Sale is annexed hereto as Exhibit "D". Zajas' 7. On or about February 5, 2018, affirmant's office was advised by J. Grant office that he isunable to serve as Referee in this action as Z. Grant Zajas is deceased. A copy of his obituary is annexed hereto as Exhibit "E". Therefore, plaintiff respectfully requests that a substitute referee be appointed to Sell. 8. Pursuant to Real Property Actions and Proceedings Law (RPAPL) §1351, effective December 20, 2016, provides that a foreclosure sale occur "within ninety days of the date of the judgment." As a a substitute referee must be appointed to Sell, your affirmant respectfully submits that sufficient cause exists as to why a sale of the subject property has not yet been completed and requests that the Courts extend the deadline date to complete the foreclosure sale pursuant to CPLR 2004. 9. No prior application, for the relief requested herein, has been made to and other Court or Justice. WHEREFORE, plaintiff respectfully requests the appointment of a substitute referee. Dated: Bay Shore, New York February 12, 2018 2 of 3 FILED: ERIE COUNTY CLERK 02/21/2018 03:18 PM INDEX NO. 808088/2015 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/21/2018 CERTIFICATION BY ATTORNEY Thomas M. Zegarelli, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, am an attorney with the firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as follows: 1. I hereby certify, under the penalty of perjury and as an officer of the Court, that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within paper or the contentions therein are not frivolous as defined in subsection (c) of section 130-1.1, including that the substance of the factual statements therein are not false. Dated: Bay Shore, New York February 12, 2018 T 0 s M. Zegar Krenkel, Kreiikel, Lambe, Weiss, Weisman k & Gordon, LLP 3 of 3