Preview
FILED: ERIE COUNTY CLERK 01/28/2020 02:06 PM INDEX NO. 812184/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/28/2020
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
MARK J. GRISANTI, J.S.C. Buffalo, NY 14202
Avenue,
HOq
J.S.C
SPECIALIZED LOAN SERVICING, LLC, A
DELAWARE LIMITED LLABILITY
INDEX NO.812184/2018
COMPANY,
Plaintiff, ORDER GRANTING
CANCEI,LATION OF
-against- NOTICE OF PENDENCY
AND DISCONTINIJANC E
CHRISTOPHER JULIUS, SAMUEL CONNOR OF ACTION AND OTHER
JULIUS A/K/A SAMUAL C. JUI THE REl IEF
IUS,
UNITED STATES OF AMERICA INTERNAI
REVENUE SERVICE, NEW YORK STATE
DEPARTMENTOF TAXATION AND FINANCE
Doe" Doe"
and "John and/or ".Iane # 1-10 inclusive, the
lastten names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, ifany, having or
claiming an interest in or lien upon the premises
described in the complaint,
Defendants.
....... . .....
...____.
Plaintiff, SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED
LIABIl JTY COMPANY by DAVID A. GALLO & ASSOCIATES, LLP, itsattorneys, having
made a motion on or about December , 2019, (I) pursuant to CPLR §32I7 against
Defendant(s) CIIRISTOPHER JULlUS, SAMUEL CONNOR JULlUS A/K/A SAMUAL C.
JULIUS, THE UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE (the "Defendant"(s)) and an
Order (i)cancelling the no ice 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 Affumation
1 of 3
FILED: ERIE COUNTY CLERK 01/28/2020 02:06 PM INDEX NO. 812184/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/28/2020
o F DAVID A. affirmed to on December togeh-r with the exhibits
GALLO, ESQ., 2019,
annexed thereto, and upon all of the pleadings and prior procccdings heretofore had herein; and it
appearing that the defendants been duly served with the Summons and Complaint and
having
pursuant to RPAPL §1 303, proof of service of the Notice of Assistance to Mortgagors in
Fomclosure having been served on the Defendant(s) CHRISTOPHER JULIUS, SAMUEL
CONNOR JULIUS A/K/A SAMUAL C. JUIJUS, 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, 2013,
the complaint has not been amended in any manner whatsoever, and itis
FURTIIER, it that none of the defendants herein is an infant, incompetent or
appearing
absentee, and no one is entitled to notice of this application, except the Defcñdant,
CHRISTOPHER JULIUS, SAMUEL CONNOR JULIUS A/K/A SAMUAL C. JULIUS, TH E
UNITED STATES OF AMERICA INTERNAL REVLiNUE SERVICE, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE,
NOW, upon motion of DAVID A. GALLO & ASSOCIATES, LLP, attorneys for the
plaintijT, and duc deliberation having been had thercon, itis
ORDERED, that the plaintiffs notice of pendency is cancelled; and itis further
ORDERED, that the plaintiff's action be discontinued without prejudice pursuant to CPLR
§3217; and itis further
. .
2 of 3
FILED: ERIE COUNTY CLERK 01/28/2020 02:06 PM INDEX NO. 812184/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/28/2020
ORDERED, that a copy of this Order with notice of entry shall be served upon the
answering defendant herein, and any other party entitled to notice.
E N T E R,
JAN 2 J.S
8 :320
M K J. GRISANTl, J.S.C.
3 of 3
Preview
FILED: ERIE COUNTY CLERK 01/28/2020 02:06 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/28/2020 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 MARK J. GRISANTI, J.S.C. Buffalo, NY 14202 Avenue, HOq J.S.C SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED LLABILITY INDEX NO.812184/2018 COMPANY, Plaintiff, ORDER GRANTING CANCEI,LATION OF -against- NOTICE OF PENDENCY AND DISCONTINIJANC E CHRISTOPHER JULIUS, SAMUEL CONNOR OF ACTION AND OTHER JULIUS A/K/A SAMUAL C. JUI THE REl IEF IUS, UNITED STATES OF AMERICA INTERNAI REVENUE SERVICE, NEW YORK STATE DEPARTMENTOF TAXATION AND FINANCE Doe" Doe" and "John and/or ".Iane # 1-10 inclusive, the lastten names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the premises described in the complaint, Defendants. ....... . ..... ...____. Plaintiff, SPECIALIZED LOAN SERVICING, LLC, A DELAWARE LIMITED LIABIl JTY COMPANY by DAVID A. GALLO & ASSOCIATES, LLP, itsattorneys, having made a motion on or about December , 2019, (I) pursuant to CPLR §32I7 against Defendant(s) CIIRISTOPHER JULlUS, SAMUEL CONNOR JULlUS A/K/A SAMUAL C. JULIUS, THE UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE (the "Defendant"(s)) and an Order (i)cancelling the no ice 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 Affumation 1 of 3 FILED: ERIE COUNTY CLERK 01/28/2020 02:06 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/28/2020 o F DAVID A. affirmed to on December togeh-r with the exhibits GALLO, ESQ., 2019, annexed thereto, and upon all of the pleadings and prior procccdings heretofore had herein; and it appearing that the defendants been duly served with the Summons and Complaint and having pursuant to RPAPL §1 303, proof of service of the Notice of Assistance to Mortgagors in Fomclosure having been served on the Defendant(s) CHRISTOPHER JULIUS, SAMUEL CONNOR JULIUS A/K/A SAMUAL C. JUIJUS, 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, 2013, the complaint has not been amended in any manner whatsoever, and itis FURTIIER, it that none of the defendants herein is an infant, incompetent or appearing absentee, and no one is entitled to notice of this application, except the Defcñdant, CHRISTOPHER JULIUS, SAMUEL CONNOR JULIUS A/K/A SAMUAL C. JULIUS, TH E UNITED STATES OF AMERICA INTERNAL REVLiNUE SERVICE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NOW, upon motion of DAVID A. GALLO & ASSOCIATES, LLP, attorneys for the plaintijT, and duc deliberation having been had thercon, itis ORDERED, that the plaintiffs notice of pendency is cancelled; and itis further ORDERED, that the plaintiff's action be discontinued without prejudice pursuant to CPLR §3217; and itis further . . 2 of 3 FILED: ERIE COUNTY CLERK 01/28/2020 02:06 PM INDEX NO. 812184/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 01/28/2020 ORDERED, that a copy of this Order with notice of entry shall be served upon the answering defendant herein, and any other party entitled to notice. E N T E R, JAN 2 J.S 8 :320 M K J. GRISANTl, J.S.C. 3 of 3