On March 21, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee Nrz Pass-Through Trust X,
and
Anthony Amabile,
John Doe And Jane Doe,
New York State Department Of Taxation And Finance,
New York State Department Of Taxation & Finance Com,
The Estate Of Phyllis Bieksza,
United States Of America O B O Internal Revenue Service,
Workers' Compensations Board Of The State Of New York,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 10/07/2019 01:25 PM INDEX NO. 803532/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/07/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
---------- ------------------------------- X
U.S. BANK, NATIONAL ASSOCIATION, NOT IN ITS Index No. 803532/2019
INDIVIDUAL CAPACITY, BUT SOLELY AS
TRUSTEE NRZ PASS-THROUGH TRUST X, NOTICE OF MOTION FOR
SUMMARY/DEFAULT
Plaintiff, JUDGMENT, APPOINTMENT
-against- OF A REFEREE TO
COMPUTE, AND
ANTHONY AMABILE; THE ESTATE OF PHYLLIS REFORMATION OF THE
BIEKSZA; NEW YORK STATE DEPARTMENT OF LEGAL DESCRIPTION IN
WORKERS'
TAXATION AND FINANCE; THE MORTGAGES
COMPENSATION BOARD OF THE STATE OF NEW
YORK; NEW YORK STATE DEPARTMENT OF Mortgaged Premises:
TAXATION AND FINANCE UNITED STATES 659 Rice Road
COM;
OF AMERICA O/B/O INTERNAL REVENUE Elma, New York 14059
DOE"
SERVICE; "JOHN AND "JANE DOE", said names
it the intention of Plaintiff to Section: 146.00
being fictitious, being
designate and all occupants of premises Block: 1
any being
foreclosed Lot: 3.12
herein,
Defendants.
___ _ _________ ------------------X
MOTION BY: Plaintiff
DATE, TIME & PLACE: November 7, 2019 at 9:30 AM
Honorable Christopher J. Burns, J.S.C.
Erie County Supreme Court
Part 19 - 3rd Floor
25 Delaware Avenue
Buffalo, New York 14202
RELIEF REQUESTED: (a) granting Plaintiff summary judgment and default
judgment against all other non-appearing defendants;
(b) striking the affirmative defenses in the Answer of
Defendants, Anthony Amabile and Estelle Amabile
s/h/a "John Doe"; (c) appointing a Referee to
compute the total sums due and owing to Plaintiff;
(d) amending the case caption; (e) reforming the
legal description in the mortgages; (f) any further
relief for Plaintiff as deemed just and proper by this
Court
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FILED: ERIE COUNTY CLERK 10/07/2019 01:25 PM INDEX NO. 803532/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/07/2019
SUPPORTING PAPERS: Attorney Affirmation of Jonathan A. Bartlett, Esq.,
dated October 4, 2019
Affidavit in Support of Tayla Harris, Document
Execution Associate of Nationstar Mortgage d/b/a
Mr. Cooper, dated September 3, 2019
Affirmation of Compliance with Settlement
Conference, dated October 4, 2019
TYPE OF ACTION: Foreclosure
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214(b), any answering
papers or cross-motions are required to be served upon the undersigned at least seven (7)
days before the date set forth above for the submission of this motion.
Dated: October 4, 2019
New York, New York
FRIEDMAN VARTOLO LLP
..
onathan A. Bartlett, Esq.
Attorne / aints
road Stre
Y ork, New York 10004
T: (212) 471-5100
To:
Steven K. Long, Esq.
Olivia T. Paulo-Lee, Esq.
Long & Paulo-Lee, PLLC
"
Attorneys for Defendants, Anthony Amabile and Estelle Amabile s/h/a "John Doe
1967 Wehrle Drive, Suite 9
Williamsville, NY 14221
The Estate of Phyllis Bieksza
c/o Cotter & Cotter, P.C.
380 Cleveland Drive
Buffalo, NY 14215
New York State Department of Taxation & Finance
W.A. Harriman Campus, Building #9
Albany, NY 12227
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FILED: ERIE COUNTY CLERK 10/07/2019 01:25 PM INDEX NO. 803532/2019
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/07/2019
Workers'
Compensation Board of the State of New York
300 Motor Parkway, Suite 205
Hauppauge, NY 11788
New York State Department of Taxation & Finance Com
W.A. Harriman Campus, Building #9
Albany, NY 12227
United States of America o/b/o Internal Revenue Service
c/o United States Attorney's Office
138 Delaware Avenue
Buffalo, NY 14202
Doe"
Anthony Amabile, Jr. s/h/a "John
659 Rice Road
Elma, NY 14059
3 of 3
Preview
FILED: ERIE COUNTY CLERK 10/07/2019 01:25 PM INDEX NO. 803532/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ---------- ------------------------------- X U.S. BANK, NATIONAL ASSOCIATION, NOT IN ITS Index No. 803532/2019 INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE NRZ PASS-THROUGH TRUST X, NOTICE OF MOTION FOR SUMMARY/DEFAULT Plaintiff, JUDGMENT, APPOINTMENT -against- OF A REFEREE TO COMPUTE, AND ANTHONY AMABILE; THE ESTATE OF PHYLLIS REFORMATION OF THE BIEKSZA; NEW YORK STATE DEPARTMENT OF LEGAL DESCRIPTION IN WORKERS' TAXATION AND FINANCE; THE MORTGAGES COMPENSATION BOARD OF THE STATE OF NEW YORK; NEW YORK STATE DEPARTMENT OF Mortgaged Premises: TAXATION AND FINANCE UNITED STATES 659 Rice Road COM; OF AMERICA O/B/O INTERNAL REVENUE Elma, New York 14059 DOE" SERVICE; "JOHN AND "JANE DOE", said names it the intention of Plaintiff to Section: 146.00 being fictitious, being designate and all occupants of premises Block: 1 any being foreclosed Lot: 3.12 herein, Defendants. ___ _ _________ ------------------X MOTION BY: Plaintiff DATE, TIME & PLACE: November 7, 2019 at 9:30 AM Honorable Christopher J. Burns, J.S.C. Erie County Supreme Court Part 19 - 3rd Floor 25 Delaware Avenue Buffalo, New York 14202 RELIEF REQUESTED: (a) granting Plaintiff summary judgment and default judgment against all other non-appearing defendants; (b) striking the affirmative defenses in the Answer of Defendants, Anthony Amabile and Estelle Amabile s/h/a "John Doe"; (c) appointing a Referee to compute the total sums due and owing to Plaintiff; (d) amending the case caption; (e) reforming the legal description in the mortgages; (f) any further relief for Plaintiff as deemed just and proper by this Court 1 of 3 FILED: ERIE COUNTY CLERK 10/07/2019 01:25 PM INDEX NO. 803532/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/07/2019 SUPPORTING PAPERS: Attorney Affirmation of Jonathan A. Bartlett, Esq., dated October 4, 2019 Affidavit in Support of Tayla Harris, Document Execution Associate of Nationstar Mortgage d/b/a Mr. Cooper, dated September 3, 2019 Affirmation of Compliance with Settlement Conference, dated October 4, 2019 TYPE OF ACTION: Foreclosure PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214(b), any answering papers or cross-motions are required to be served upon the undersigned at least seven (7) days before the date set forth above for the submission of this motion. Dated: October 4, 2019 New York, New York FRIEDMAN VARTOLO LLP .. onathan A. Bartlett, Esq. Attorne / aints road Stre Y ork, New York 10004 T: (212) 471-5100 To: Steven K. Long, Esq. Olivia T. Paulo-Lee, Esq. Long & Paulo-Lee, PLLC " Attorneys for Defendants, Anthony Amabile and Estelle Amabile s/h/a "John Doe 1967 Wehrle Drive, Suite 9 Williamsville, NY 14221 The Estate of Phyllis Bieksza c/o Cotter & Cotter, P.C. 380 Cleveland Drive Buffalo, NY 14215 New York State Department of Taxation & Finance W.A. Harriman Campus, Building #9 Albany, NY 12227 2 of 3 FILED: ERIE COUNTY CLERK 10/07/2019 01:25 PM INDEX NO. 803532/2019 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 10/07/2019 Workers' Compensation Board of the State of New York 300 Motor Parkway, Suite 205 Hauppauge, NY 11788 New York State Department of Taxation & Finance Com W.A. Harriman Campus, Building #9 Albany, NY 12227 United States of America o/b/o Internal Revenue Service c/o United States Attorney's Office 138 Delaware Avenue Buffalo, NY 14202 Doe" Anthony Amabile, Jr. s/h/a "John 659 Rice Road Elma, NY 14059 3 of 3