Preview
FILED: WESTCHESTER COUNTY CLERK 08/02/2019 10:34 AM INDEX NO. 61071/2012
NYSCEF DOC. NO. 41 ;!5 '~
..~_."i. RECEIVED NYSCEF: •
08/01/2019
•
At a Special Tenn, of the Supreme Court of
the County of Westchester held in the
Westchester Supreme Court in the city of
White Plains, New York on the QQt:Iz/A
dayof~ ,2olq .
PRESENT: HON. SAM D. WALKER
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
----------------------------------------------------------------)(
WELLS FARGO BANK, NA ORDER OF DISCONTINUANCE
OF ACTION AND
CANCELLATION OF NOTICE OF
PENDENCY
Plaintiff,
vs
INDE)( #: 61071/12
HECTOR DELEON A/KIA HEECTOR DE
LEON, KEREN V. DELEON A/KIA KEREN V. MORTGAGED PREMISES:
DE LEON, BOARD OF MANAGERS OF 254 COACH LIGHT SQUARE,
COACHLIGHT SQUARE ON THE HUDSON HAMLET OF MONTROSE
ASSOCIATION, INC., CAPITAL ONE BANK TOWN OF CORTLANDT, NY 10548
USA NA , KERRY DELEON
DSBL #: 54.6-4-3.168
Defendant(s).
----------------------------------------------------------------)(
UPON the reading and filing of the Notice of Motion dated April l1--, 2019, by
Plaintiffs Counsel, Gross Polowy, LLC, Christine L Fox, Esq., for an Order Discontinuing this
Action and Cancelling Notice of Pendency,
AND, upon the Affirmation of Christine L Fox, Esq., dated April Jl, 2019, setting
forth the basis for the relief requested herein,
AND, after having heard in opposition of said Motion, it
is hereby
1 of 3
FILED: WESTCHESTER COUNTY CLERK 08/02/2019 10:34 AM INDEX NO. 61071/2012
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 08/01/2019
ORDERED, that the Plaintiff's Motion to Discontinue Action and Cancel Notice of
Pendency, is granted in all respects; and it is further
ORDERED, that the above entitled action, and all causes of action alleged therein, and
any and all counterclaims and cross claims, be and the same hereby are discontinued without
costs to either party as against the other; and it isfurther
ORDERED, that the County Clerk of Westchester County is directed, upon payment of
proper fees, if any, to cancel and discharge a certain Notice of Pendency filed in this action on
the July 17, 2012 and re-filed on June 25, 2015 and June 15, 2018 and any predecessor filing,
against property known as 54.6-4-3.168 and also known as 254 COACH LIGHT SQUARE,
HAMLET OF MONTROSE, TOWN OF CORTLANDT, NY 10548, and said Clerk is hereby
directed to enter upon the margin of the record of the same a Notice of Cancellation referring to
this Order.
d. ~
SAM D. WALKER, JSC
2 of 3
FILED: WESTCHESTER COUNTY CLERK 08/02/2019 10:34 AM INDEX NO. 61071/2012
NYSCEF DOC. NO. 41 THIS PAGE IS TO BE COMPLETED BY CHAMBERS RECEIVED AND NYSCEF: 08/01/2019
RETURNED TO THE CLERK
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PRESENT: HON. SAM D. WALKER
J.S.c. I 51~ l
GJ:Q]------------------~---tJf\--------------------X Index No. \.t' \D V2.
L~~~ Motion Decision Date: 'I \ -,Q ,\ (J.
-against~ ~
t\~~wY\
--------------------------------------------------------------------X
Motion Seq. # .3
Does the decision dispose/relieve a party/attorney? Yes No
Name of party/role / _
Name ofattomey/party / _
Decision - Check one Type
o DECIDED ~ Long Form Order
o DECISION RESERVED o Memorandum
o DECLINED TO SIGN o Memorandum Settle Order/Judgment
o DENIED o Oral
~ DISCONTINUED o Short Form Order
o DISMISSED o So Ordered Stipulation
iii' GRANTED o Sua Sponle
o GRANTED TO EXTENT OF ORDER
o MARKED OFF
o SETTLED
o SIGNED
o WITHDRAWN
oWith Prejudice oSettle Order oSubmit Order
REFERRED TO PART FOR CONFERENCE/HEARING
CONFERENCE/HEARING DATE _
CHECK ONE:
D AFTER HEARJNG, PLEASE RETURN TO --------
d FINAL
o Close
DISPOSITION
all open motions
o Close open Court dates
El'15ose open motions and Court dates
D NON-FINAL DISPOSITION
SPECIAL COMMENTS:
3 of 3
Preview
FILED: WESTCHESTER COUNTY CLERK 08/02/2019 10:34 AM INDEX NO. 61071/2012 NYSCEF DOC. NO. 41 ;!5 '~ ..~_."i. RECEIVED NYSCEF: • 08/01/2019 • At a Special Tenn, of the Supreme Court of the County of Westchester held in the Westchester Supreme Court in the city of White Plains, New York on the QQt:Iz/A dayof~ ,2olq . PRESENT: HON. SAM D. WALKER SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ----------------------------------------------------------------)( WELLS FARGO BANK, NA ORDER OF DISCONTINUANCE OF ACTION AND CANCELLATION OF NOTICE OF PENDENCY Plaintiff, vs INDE)( #: 61071/12 HECTOR DELEON A/KIA HEECTOR DE LEON, KEREN V. DELEON A/KIA KEREN V. MORTGAGED PREMISES: DE LEON, BOARD OF MANAGERS OF 254 COACH LIGHT SQUARE, COACHLIGHT SQUARE ON THE HUDSON HAMLET OF MONTROSE ASSOCIATION, INC., CAPITAL ONE BANK TOWN OF CORTLANDT, NY 10548 USA NA , KERRY DELEON DSBL #: 54.6-4-3.168 Defendant(s). ----------------------------------------------------------------)( UPON the reading and filing of the Notice of Motion dated April l1--, 2019, by Plaintiffs Counsel, Gross Polowy, LLC, Christine L Fox, Esq., for an Order Discontinuing this Action and Cancelling Notice of Pendency, AND, upon the Affirmation of Christine L Fox, Esq., dated April Jl, 2019, setting forth the basis for the relief requested herein, AND, after having heard in opposition of said Motion, it is hereby 1 of 3 FILED: WESTCHESTER COUNTY CLERK 08/02/2019 10:34 AM INDEX NO. 61071/2012 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 08/01/2019 ORDERED, that the Plaintiff's Motion to Discontinue Action and Cancel Notice of Pendency, is granted in all respects; and it is further ORDERED, that the above entitled action, and all causes of action alleged therein, and any and all counterclaims and cross claims, be and the same hereby are discontinued without costs to either party as against the other; and it isfurther ORDERED, that the County Clerk of Westchester County is directed, upon payment of proper fees, if any, to cancel and discharge a certain Notice of Pendency filed in this action on the July 17, 2012 and re-filed on June 25, 2015 and June 15, 2018 and any predecessor filing, against property known as 54.6-4-3.168 and also known as 254 COACH LIGHT SQUARE, HAMLET OF MONTROSE, TOWN OF CORTLANDT, NY 10548, and said Clerk is hereby directed to enter upon the margin of the record of the same a Notice of Cancellation referring to this Order. d. ~ SAM D. WALKER, JSC 2 of 3 FILED: WESTCHESTER COUNTY CLERK 08/02/2019 10:34 AM INDEX NO. 61071/2012 NYSCEF DOC. NO. 41 THIS PAGE IS TO BE COMPLETED BY CHAMBERS RECEIVED AND NYSCEF: 08/01/2019 RETURNED TO THE CLERK SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PRESENT: HON. SAM D. WALKER J.S.c. I 51~ l GJ:Q]------------------~---tJf\--------------------X Index No. \.t' \D V2. L~~~ Motion Decision Date: 'I \ -,Q ,\ (J. -against~ ~ t\~~wY\ --------------------------------------------------------------------X Motion Seq. # .3 Does the decision dispose/relieve a party/attorney? Yes No Name of party/role / _ Name ofattomey/party / _ Decision - Check one Type o DECIDED ~ Long Form Order o DECISION RESERVED o Memorandum o DECLINED TO SIGN o Memorandum Settle Order/Judgment o DENIED o Oral ~ DISCONTINUED o Short Form Order o DISMISSED o So Ordered Stipulation iii' GRANTED o Sua Sponle o GRANTED TO EXTENT OF ORDER o MARKED OFF o SETTLED o SIGNED o WITHDRAWN oWith Prejudice oSettle Order oSubmit Order REFERRED TO PART FOR CONFERENCE/HEARING CONFERENCE/HEARING DATE _ CHECK ONE: D AFTER HEARJNG, PLEASE RETURN TO -------- d FINAL o Close DISPOSITION all open motions o Close open Court dates El'15ose open motions and Court dates D NON-FINAL DISPOSITION SPECIAL COMMENTS: 3 of 3