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INDEX NO. 034564/2011
(FILED: ROCKLAND COUNTY CLERK 0270172013)
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/01/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
X
WELLS FARGO BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE HOLDERS OF THE FIRST
FRANKLIN MORTGAGE LOAN TRUST 2006-FF15
MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2006-FF15
NOTICE OF MOTION
Plaintiff, TO ENTER DEFAULT AND
JUDGMENT
-against-
INDEX NO. 034564/2011
SYLVESTER P. AFFAN, SYLVESTER AFFAN, ELK
ASSOCIATES FUNDING CORPORATION, MERCER
SQUARE, L.L.C., EDWARD FILEMYR, JOHN DOES
#1-5 and XYZ CORPORATIONS #1-5
Defendants.
X
SIRS:
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Rajan Patel,
Esq., dated January 31, 2013 (w/Exhibits A-H), the Affirmation of Non-Military Service
of Rajan Patel, Esq., dated January 31, 2013 (w/Exhibits A-C), the Affidavit of Merit
dated October 10, 2012 (w/Exhibits A-J) and upon all of the pleadings and proceedings
heretofore had herein, the undersigned will move this Court located at 1 South Main
Street, New City, NY 10956 on the 1* day of March, 2013, at 9:30 o’clock in the
forenoon of that day or as soon thereafter as counsel can be heard, for an order:
A. Pursuant to CPLR 3215(a), entering default against defendants,
SYLVESTER P. AFFAN, SYLVESTER AFFAN, ELK ASSOCIATES FUNDING
CORPORATION, MERCER SQUARE, L.L.C. and EDWARD FILEMYR on the grounds
that the said defendants failed to appear or timely interpose an Answer to the
Complaint of Plaintiff WELLS FARGO BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN
TRUST 2006-FF15 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-
FF15; and
B. Under the Second Cause of Action in the Plaintiffs Complaint, granting
judgment declaring Plaintiff's mortgage and judgment of foreclosure superior to any
right, title or interest existing, asserted, filed, recorded, held or claimed by defaulting
defendants in property known as and by 23 Dunderberg Road, Tomkins Cove, New
York 10986.
C. Granting such other relief as the Court deems just and equitable.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Rule 2214 (b),
these papers have been served on you at least sixteen (16) days before the motion is
scheduled to be heard, and you must serve your answering papers and any notice of
cross-motion with supporting papers, if any, at least seven (7) days before such time.
Reply or responding affidavits shall be served at least one day before such time.
Dated: January 31, 2013
Pearl River, New York
LAW OFFICE OF RAJAN PATEL, ESQ.
BY: PE oo
Rajan Patel, Esq.
P.O. Box 1566
One Blue Hill Plaza, 10" Floor
Pearl River, NY 10965
(845) 735-2323
Attorney for Plaintiff,
Wells Fargo Bank, National Association,
as Trustee for the holders of The First
Franklin Mortgage Loan Trust 2006-
FF15 Mortgage Pass-Through
Certificates Series 2006-FF15
TO:
Sylvester P. Affan Sylvester Affan
563 41° Street 563 41° Street
Brooklyn, NY 11232 Brooklyn, NY 11232
Defendant in default Defendant in default
Elk Associates Funding Corporation Mercer Square L.L.C.
c/o Michael R. Feinsod, Chairman/CEO c/o Madison Management, LLC
830 Third Avenue, 8" Floor 770 Lexington Avenue, 13" Floor
New York, NY 10022 New York, NY 10021
Defendant in default Defendant in default
Edward Filemyr
11 Park Place, Rm. 1212
New York, NY 10007
Defendant in default
INDEX NO: 034564/2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
WELLS FARGO BANK, NATIONAL ASSOCIAT. ION, AS
TRUSTEE FOR THE HOLDERS OF THE
FIRST FRANKLIN MORTGAGE LOAN TRUST 200 6-FF15
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-FF15,
Plaintiff,
-against-
SYLVESTER P. AFFAN, SYLVESTER AFFAN, ELK ASSOC
> IATES FUNDING CORPORATION,
MERCER SQUARE, L.L.C., EDWARD FILEMYR, JOHN
DOES #1-5 and XYZ CORPORATIONS
#1-5,
Defendants.
NOTICE OF MOTION
TO ENTER DEFAULT AND JUDGMENT
Rajan Patel, Esq.
Attorney for Plaintiff, WELLS FARGO BANK, NATIONAL ASSOCIATIO
N, AS TRUSTEE FOR
THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN
TRUST 2006-FF15
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-
FF15
P.O. Box 1566
One Blue Hill Plaza, 10" Floor
Pearl River, NY 10965
(845) 735-2323
(845) 818-3698 (fax) (not for service)
Pursuant to 22 NYCRR 130-1.1, the undersign ed, an attorney admitte
d to practice in the courts of New York State, certifies
that, (1) upon information and belief. and reasonable inquiry,
the contentions contained in the annexed document are not
Srivolous; (2) the matter was not obt tained through illegal
conduct, or that if it was, the attorney or other persons responsible
Sor the illegal conduct are not Participating in the matter or sharing
in any fee earned therefrom; and (3) the matter was not
obtained in violation of 22 NYCRR 1200.4 1- .
Dated: Jan
January 31, 2013
ary 31, 2013 Signature... we & fee Leceeeefe
Rajan Patel
Service of a copy of the within
is hereby admitted.
Dated: seeteeeeeesteeeeeeeeere
Attorney(s) for.
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INDEX NO. 034564/2011 (FILED: ROCKLAND COUNTY CLERK 0270172013) NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 02/01/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND X WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF15 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-FF15 NOTICE OF MOTION Plaintiff, TO ENTER DEFAULT AND JUDGMENT -against- INDEX NO. 034564/2011 SYLVESTER P. AFFAN, SYLVESTER AFFAN, ELK ASSOCIATES FUNDING CORPORATION, MERCER SQUARE, L.L.C., EDWARD FILEMYR, JOHN DOES #1-5 and XYZ CORPORATIONS #1-5 Defendants. X SIRS: PLEASE TAKE NOTICE, that upon the annexed Affirmation of Rajan Patel, Esq., dated January 31, 2013 (w/Exhibits A-H), the Affirmation of Non-Military Service of Rajan Patel, Esq., dated January 31, 2013 (w/Exhibits A-C), the Affidavit of Merit dated October 10, 2012 (w/Exhibits A-J) and upon all of the pleadings and proceedings heretofore had herein, the undersigned will move this Court located at 1 South Main Street, New City, NY 10956 on the 1* day of March, 2013, at 9:30 o’clock in the forenoon of that day or as soon thereafter as counsel can be heard, for an order: A. Pursuant to CPLR 3215(a), entering default against defendants, SYLVESTER P. AFFAN, SYLVESTER AFFAN, ELK ASSOCIATES FUNDING CORPORATION, MERCER SQUARE, L.L.C. and EDWARD FILEMYR on the grounds that the said defendants failed to appear or timely interpose an Answer to the Complaint of Plaintiff WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF15 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006- FF15; and B. Under the Second Cause of Action in the Plaintiffs Complaint, granting judgment declaring Plaintiff's mortgage and judgment of foreclosure superior to any right, title or interest existing, asserted, filed, recorded, held or claimed by defaulting defendants in property known as and by 23 Dunderberg Road, Tomkins Cove, New York 10986. C. Granting such other relief as the Court deems just and equitable. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Rule 2214 (b), these papers have been served on you at least sixteen (16) days before the motion is scheduled to be heard, and you must serve your answering papers and any notice of cross-motion with supporting papers, if any, at least seven (7) days before such time. Reply or responding affidavits shall be served at least one day before such time. Dated: January 31, 2013 Pearl River, New York LAW OFFICE OF RAJAN PATEL, ESQ. BY: PE oo Rajan Patel, Esq. P.O. Box 1566 One Blue Hill Plaza, 10" Floor Pearl River, NY 10965 (845) 735-2323 Attorney for Plaintiff, Wells Fargo Bank, National Association, as Trustee for the holders of The First Franklin Mortgage Loan Trust 2006- FF15 Mortgage Pass-Through Certificates Series 2006-FF15 TO: Sylvester P. Affan Sylvester Affan 563 41° Street 563 41° Street Brooklyn, NY 11232 Brooklyn, NY 11232 Defendant in default Defendant in default Elk Associates Funding Corporation Mercer Square L.L.C. c/o Michael R. Feinsod, Chairman/CEO c/o Madison Management, LLC 830 Third Avenue, 8" Floor 770 Lexington Avenue, 13" Floor New York, NY 10022 New York, NY 10021 Defendant in default Defendant in default Edward Filemyr 11 Park Place, Rm. 1212 New York, NY 10007 Defendant in default INDEX NO: 034564/2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND WELLS FARGO BANK, NATIONAL ASSOCIAT. ION, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST 200 6-FF15 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-FF15, Plaintiff, -against- SYLVESTER P. AFFAN, SYLVESTER AFFAN, ELK ASSOC > IATES FUNDING CORPORATION, MERCER SQUARE, L.L.C., EDWARD FILEMYR, JOHN DOES #1-5 and XYZ CORPORATIONS #1-5, Defendants. NOTICE OF MOTION TO ENTER DEFAULT AND JUDGMENT Rajan Patel, Esq. Attorney for Plaintiff, WELLS FARGO BANK, NATIONAL ASSOCIATIO N, AS TRUSTEE FOR THE HOLDERS OF THE FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF15 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006- FF15 P.O. Box 1566 One Blue Hill Plaza, 10" Floor Pearl River, NY 10965 (845) 735-2323 (845) 818-3698 (fax) (not for service) Pursuant to 22 NYCRR 130-1.1, the undersign ed, an attorney admitte d to practice in the courts of New York State, certifies that, (1) upon information and belief. and reasonable inquiry, the contentions contained in the annexed document are not Srivolous; (2) the matter was not obt tained through illegal conduct, or that if it was, the attorney or other persons responsible Sor the illegal conduct are not Participating in the matter or sharing in any fee earned therefrom; and (3) the matter was not obtained in violation of 22 NYCRR 1200.4 1- . Dated: Jan January 31, 2013 ary 31, 2013 Signature... we & fee Leceeeefe Rajan Patel Service of a copy of the within is hereby admitted. Dated: seeteeeeeesteeeeeeeeere Attorney(s) for.