Preview
At an IAS Part of the Supreme
Court of the State of New York, held
in and for the County of ERIE, at the
Courthouse thereof, 50 Delawarc
Avenue, Buffalo, NY I 1202
. 2019.
HON.
J.S.C
SPECIALIZED LOAN 5ERVICING, LLC, A
DELAWARE LIMITED LIABILITY
COMPANY, INDEX NO. 812184/2018
Plaintiff, ORDER GRANTING
CANCELLATION OF
-against- NOTICE OF PENDENCY
AND DISCONTINUANCE
CHRISTOPHER JULIUS, SAMUEL CONNOR OF ACTION AND OTHER
JULIUS A/K/A SAMUAL C. .1UI THE RELIEF
IUS,
UNITED STATES OF AMERICA INTERNAL
REVENUE SERVICE, NEW YORK STATE
DEPARTMENTOF TAXATION AND FINANCE
Doe" Doe"
and "John and/or "Jane # 1-10 inclusive, the
last ten names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premiscs
described in the complaint,
Defendants.
Plaintiff, SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED
LIABILITY COMPANY by DAVID A. GALLO & ASSOCIATES, LLP, its attorneys, having
made a motion on or about December , 2019, (I) pursuant to CPI R §3217 against
Defendant(s) CIIRISTOPHER JULlUS, SAMUEL CONNOR JULlUS A/K/A SAMUAL C.
JULIUS, THE UNITED STATES OF AMERICA INTERNAl, REVEN1JE SERVICE, NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE (the "Defendant"(s)) and an
Order (i) cancelling the notice of pendency; (ii)discontinuing the action without prejudice; and
such other and further relief as may be just and proper.
Upon reading and filing the notice of motion dated December , 2019, the Affirmation
of DAVID A. GALLO, ESQ., affirmed to on December , 2019, together with the exhibits
annexed thereto, and upon allof the pleadings and prior proceedings heretofore had hercin; and it
appearing that the defendants having been duly served with the Summons and Complaint and
pursuant to RPAPL §1303, proof of service of the Notice of Assistance to Mortgagors in
Foreclosure having been served on the Defendant(s) CHRISTOPHER JUUUS, SAMUEL
CONNOR JULIUS A/K/A SAMUAL C. JULTUS, THE UNITED STATES OF AMERICA
INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE having served an Notice of Appearance herein, and itis
FURTHER, itappearing that since the liling ofthe Notice of Pendency on August 1, 2018,
the complaint has not been amended in any manner whatsoever, and itis
FURTIIER, it appearing that none of the delkndants herein is an infant, incompetent or
absentee, and no one is entitled to notice of this application, except the Delbndant,
CHRISTOPHER JULIUS, SAMUEL CONNOR JULIUS A/K/A SAMUAL C. JULIUS, THE
UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE,
NOW, upon motion of DAVID A. GALLO & ASSOCIATES, LLP, attorneys for the
plaintiff, and duc deliberation having been had thercon, itis
ORDERED, that the plaintiffs notice of pendency is cancelled; and it isfurther
ORDERED, that the plaintiff's action be discontinued without prejudice pursuant to CPLR
§3217; and itis further
a of thIs ()rdcr xvith notice of shall bc served upon. the
ORDKRL'D, that copy entry
de! endallt and other clltitled to notice.
answering llcreiI1, any pal'ty
'I'L'
F, N R,
J, Y.(.;.
Preview
At an IAS Part of the Supreme Court of the State of New York, held in and for the County of ERIE, at the Courthouse thereof, 50 Delawarc Avenue, Buffalo, NY I 1202 . 2019. HON. J.S.C SPECIALIZED LOAN 5ERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, INDEX NO. 812184/2018 Plaintiff, ORDER GRANTING CANCELLATION OF -against- NOTICE OF PENDENCY AND DISCONTINUANCE CHRISTOPHER JULIUS, SAMUEL CONNOR OF ACTION AND OTHER JULIUS A/K/A SAMUAL C. .1UI THE RELIEF IUS, UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENTOF TAXATION AND FINANCE Doe" Doe" and "John and/or "Jane # 1-10 inclusive, the last ten names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premiscs described in the complaint, Defendants. Plaintiff, SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY by DAVID A. GALLO & ASSOCIATES, LLP, its attorneys, having made a motion on or about December , 2019, (I) pursuant to CPI R §3217 against Defendant(s) CIIRISTOPHER JULlUS, SAMUEL CONNOR JULlUS A/K/A SAMUAL C. JULIUS, THE UNITED STATES OF AMERICA INTERNAl, REVEN1JE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE (the "Defendant"(s)) and an Order (i) cancelling the notice of pendency; (ii)discontinuing the action without prejudice; and such other and further relief as may be just and proper. Upon reading and filing the notice of motion dated December , 2019, the Affirmation of DAVID A. GALLO, ESQ., affirmed to on December , 2019, together with the exhibits annexed thereto, and upon allof the pleadings and prior proceedings heretofore had hercin; and it appearing that the defendants having been duly served with the Summons and Complaint and pursuant to RPAPL §1303, proof of service of the Notice of Assistance to Mortgagors in Foreclosure having been served on the Defendant(s) CHRISTOPHER JUUUS, SAMUEL CONNOR JULIUS A/K/A SAMUAL C. JULTUS, THE UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE having served an Notice of Appearance herein, and itis FURTHER, itappearing that since the liling ofthe Notice of Pendency on August 1, 2018, the complaint has not been amended in any manner whatsoever, and itis FURTIIER, it appearing that none of the delkndants herein is an infant, incompetent or absentee, and no one is entitled to notice of this application, except the Delbndant, CHRISTOPHER JULIUS, SAMUEL CONNOR JULIUS A/K/A SAMUAL C. JULIUS, THE UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NOW, upon motion of DAVID A. GALLO & ASSOCIATES, LLP, attorneys for the plaintiff, and duc deliberation having been had thercon, itis ORDERED, that the plaintiffs notice of pendency is cancelled; and it isfurther ORDERED, that the plaintiff's action be discontinued without prejudice pursuant to CPLR §3217; and itis further a of thIs ()rdcr xvith notice of shall bc served upon. the ORDKRL'D, that copy entry de! endallt and other clltitled to notice. answering llcreiI1, any pal'ty 'I'L' F, N R, J, Y.(.;.