Preview
INDEX NO. EF008505-2018
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
DEUTSCHE BANK NATIONAL TRUST COMPANY STIPULATION TO CANCEL
AS TRUSTEE FOR LONG BEACH MORTGAGE NOTICE OF PENDENC_Y
LOAN TRUST 2004-3, ASSET-BACKED
CERTIFICATES, SERIES 2004-3, INDEX NO.: EF008505-2018
Plaintiff, MORTGAGED PREMISES:
73 CARPENTER ROAD
Against NEW HAMPTON, NY 10958
WILLIAM LEWIS; HOA T. NGO; OMNI CREDIT Section: 24
SERVICES OF FLORIDA, INC.; ERIN CAPITAL Block: 1
MANAGEMENT, LLC; CAPITAL ONE AUTO Lot: 43
FINANCE, INC.; THE BANK OF NEW YORK AS
TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF NOVEMBER 1, 1996
FOR METROPOLITAN ASSET FUNDING, INC.,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 1996-A; IVA LEWIS ,
Defendants.
WHEREAS, no party to the above captioned action is an infant or incompetent person for
whom a com-mittee has been appointed and no person not a party has an interest in the subject
matter of the action,
The undersigned, being the attorneys of record for allparties who have appeared herein
and any pro se defendants who have appeared, hereby consent that the Notice of Pendency filed
in this action in the Office of the Clerk of the County of Orange on August 13, 2018, be
cancelled and discharged of record.
This stipulation may be signed in counterparts; Facsimile copies and/or photocopies of
signatures to this stipulation shall be binding upon the undersigned with the same force and
effect as original signatures.
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5132 6 Pg: 792 Index: # EF008505-2018 Clerk:SW
INDEX NO. EF008505-2018
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020
This stipulation, or counterpart copies thereof, may be filed with the Court by any party,
and without further notice to any party.
DATED: octÅ 2 , 2020 RAS Boriskin, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
By: C-4wster-GeelaNsq.
NM P. Sweene
y
William Lewis
DATED: g brv ($ , 2020
73 Carpenter Road
Defendant Pro Se
New Hampton, NY 10958
Sworn to before me
MICHAEL 01EARY
Notary Public,State of New York the fW y o v , 2020
No. 4671614 [
Qualified in Orange County
CommE=ion Expires Jurie 30,401
Notary Pu c
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INDEX NO. EF008505-2018
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020
INDEX NO. EF008505-2018
DATED: __Í 3 , 2020 Anthony Lobiondo, Esq.
Referee
275 North Street
Newburgh, NY 12550
4
18-182473- BeM
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INDEX NO. EF008505-2018
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
DEUTSCHE BANK NATIONAL TRUST COMPÄNY AFFIRMATION IN SUPPORT
AS TRUSTEE FOR LONG BEACH MORTGAGE OF CANCELLATION OF
LOAN TRUST 2004-3, ASSET-BACKED NOTICE OF PENDENCY
CERTIFICATES, SERIES 2004-3,
INDEX NO.: EF008505-2018
Plaintiff,
MORTGAGED PREMISES:
Against 73 CARPENTER ROAD
NEW HAMPTON, NY 10958
WILLIAM LEWIS; HOA T. NGO; OMNI CREDIT
SERVICES OF FLORIDA, INC.; ERIN CAPITAL Section: 24
MANAGEMENT, LLC; CAPITAL ONE AUTO Block: 1
FINANCE, INC.; THE BANK OF NEW YORK AS Lot: 43
TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF NOVEMBER 1, 1996
FOR METROPOLITAN ASSET FUNDING, INC.,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 1996-A; IVA LEWIS ,
Defendants.
Daniel P. Sweeñey, Esq., pursuant to CPLR 2106, and under the penalties of perjury,
affirms as follows:
1. I am an attorney at law, and an associate with the law firm of RAS Boriskin, LLC, the
attorneys of record for the Plaintiff in the within mortgage foreclosure action. As such, I am
familiar with the facts and circumstances of this case and the proceedings heretofore
fully
had herein.
2. This action was commenced to foreclose a mortgage on real property known as 73
CARPENTER ROAD, NEW HAMPTON, NY 10958, Section 24, Block 1, Lot 43.
3. That the Summons, Complaint, and Notice of Pendency were filed in the Office of the
Orange County Clerk on August 13, 2018,
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INDEX NO. EF008505-2018
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020
4. All defendants were served with the Summes and Complaint and none of the Defendants
have answered or appeared in this action and their time to do so has expired and has not been
extended except for defendant William Lewis who has appeared in this action, and has
personally executed the attached Stipulation consenting to cancel the notice of pendeñcy.
5. By order of this court, Anthony Lobiondo, Esq was appointed as Referee and has execut3ed
the annexed Stipulation consenting to cancel the notice of pendency,
6. Plaintiff requests that this action and all causes of action alleged herein be discontinued, that
any and all counterclaims and cross claims be dismissed as the Plaintiff and Borrower
entered into a loan modification agreement.
7. No party is an infant or an incompetent person for whom a conservatee has been appointed.
All persons having an interest in the subject matter in the action are named parties in this
action.
8. No prior application has been made for the same or simller relief as requested herein.
WHEREFORE, your affirmant prays that this Court cancel the Notice of Pendeñey and
for such other and further relief as the Court may deem just, equitable, and proper.
DATED: NAA 9 2-- , 2020 RAS Boriskin, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
By: Daniel P. Sweeney, Esq.
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INDEX NO. EF008505-2018
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020
INDEX NO. EF008505-2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR LONG
BEACH MORTGAGE LOAN TRUST 2004-3, ASSET-BACKED CERTIFICATES,
SERIES 2004-3,
Plaintiff,
-against-
WILLIAM LEWIS, ET. AL.,
Defendants.
STIPULATION TO CANCEL NOTICE OF
PENDENCY
RAS BORISKIN, LLC
Attorneys for Plaintiff
Daniel P. Sweeney, Esq.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Phone: 516-280-7675
Fax: 516-280-7674
18-182473 - BeM
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Preview
INDEX NO. EF008505-2018 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE DEUTSCHE BANK NATIONAL TRUST COMPANY STIPULATION TO CANCEL AS TRUSTEE FOR LONG BEACH MORTGAGE NOTICE OF PENDENC_Y LOAN TRUST 2004-3, ASSET-BACKED CERTIFICATES, SERIES 2004-3, INDEX NO.: EF008505-2018 Plaintiff, MORTGAGED PREMISES: 73 CARPENTER ROAD Against NEW HAMPTON, NY 10958 WILLIAM LEWIS; HOA T. NGO; OMNI CREDIT Section: 24 SERVICES OF FLORIDA, INC.; ERIN CAPITAL Block: 1 MANAGEMENT, LLC; CAPITAL ONE AUTO Lot: 43 FINANCE, INC.; THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1996 FOR METROPOLITAN ASSET FUNDING, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1996-A; IVA LEWIS , Defendants. WHEREAS, no party to the above captioned action is an infant or incompetent person for whom a com-mittee has been appointed and no person not a party has an interest in the subject matter of the action, The undersigned, being the attorneys of record for allparties who have appeared herein and any pro se defendants who have appeared, hereby consent that the Notice of Pendency filed in this action in the Office of the Clerk of the County of Orange on August 13, 2018, be cancelled and discharged of record. This stipulation may be signed in counterparts; Facsimile copies and/or photocopies of signatures to this stipulation shall be binding upon the undersigned with the same force and effect as original signatures. 18-182473 - BeM Filedin Orange County 03/02/2020 04:59:56 PM $0.00 Bk: 1 of 5132 6 Pg: 792 Index: # EF008505-2018 Clerk:SW INDEX NO. EF008505-2018 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020 This stipulation, or counterpart copies thereof, may be filed with the Court by any party, and without further notice to any party. DATED: octÅ 2 , 2020 RAS Boriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 By: C-4wster-GeelaNsq. NM P. Sweene y William Lewis DATED: g brv ($ , 2020 73 Carpenter Road Defendant Pro Se New Hampton, NY 10958 Sworn to before me MICHAEL 01EARY Notary Public,State of New York the fW y o v , 2020 No. 4671614 [ Qualified in Orange County CommE=ion Expires Jurie 30,401 Notary Pu c 18-182473 - BeM 2 of 6 INDEX NO. EF008505-2018 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020 INDEX NO. EF008505-2018 DATED: __Í 3 , 2020 Anthony Lobiondo, Esq. Referee 275 North Street Newburgh, NY 12550 4 18-182473- BeM 3 of 6 INDEX NO. EF008505-2018 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE DEUTSCHE BANK NATIONAL TRUST COMPÄNY AFFIRMATION IN SUPPORT AS TRUSTEE FOR LONG BEACH MORTGAGE OF CANCELLATION OF LOAN TRUST 2004-3, ASSET-BACKED NOTICE OF PENDENCY CERTIFICATES, SERIES 2004-3, INDEX NO.: EF008505-2018 Plaintiff, MORTGAGED PREMISES: Against 73 CARPENTER ROAD NEW HAMPTON, NY 10958 WILLIAM LEWIS; HOA T. NGO; OMNI CREDIT SERVICES OF FLORIDA, INC.; ERIN CAPITAL Section: 24 MANAGEMENT, LLC; CAPITAL ONE AUTO Block: 1 FINANCE, INC.; THE BANK OF NEW YORK AS Lot: 43 TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1996 FOR METROPOLITAN ASSET FUNDING, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1996-A; IVA LEWIS , Defendants. Daniel P. Sweeñey, Esq., pursuant to CPLR 2106, and under the penalties of perjury, affirms as follows: 1. I am an attorney at law, and an associate with the law firm of RAS Boriskin, LLC, the attorneys of record for the Plaintiff in the within mortgage foreclosure action. As such, I am familiar with the facts and circumstances of this case and the proceedings heretofore fully had herein. 2. This action was commenced to foreclose a mortgage on real property known as 73 CARPENTER ROAD, NEW HAMPTON, NY 10958, Section 24, Block 1, Lot 43. 3. That the Summons, Complaint, and Notice of Pendency were filed in the Office of the Orange County Clerk on August 13, 2018, 4 of 6 INDEX NO. EF008505-2018 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020 4. All defendants were served with the Summes and Complaint and none of the Defendants have answered or appeared in this action and their time to do so has expired and has not been extended except for defendant William Lewis who has appeared in this action, and has personally executed the attached Stipulation consenting to cancel the notice of pendeñcy. 5. By order of this court, Anthony Lobiondo, Esq was appointed as Referee and has execut3ed the annexed Stipulation consenting to cancel the notice of pendency, 6. Plaintiff requests that this action and all causes of action alleged herein be discontinued, that any and all counterclaims and cross claims be dismissed as the Plaintiff and Borrower entered into a loan modification agreement. 7. No party is an infant or an incompetent person for whom a conservatee has been appointed. All persons having an interest in the subject matter in the action are named parties in this action. 8. No prior application has been made for the same or simller relief as requested herein. WHEREFORE, your affirmant prays that this Court cancel the Notice of Pendeñey and for such other and further relief as the Court may deem just, equitable, and proper. DATED: NAA 9 2-- , 2020 RAS Boriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 By: Daniel P. Sweeney, Esq. 5 of 6 INDEX NO. EF008505-2018 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 03/02/2020 INDEX NO. EF008505-2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2004-3, ASSET-BACKED CERTIFICATES, SERIES 2004-3, Plaintiff, -against- WILLIAM LEWIS, ET. AL., Defendants. STIPULATION TO CANCEL NOTICE OF PENDENCY RAS BORISKIN, LLC Attorneys for Plaintiff Daniel P. Sweeney, Esq. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Phone: 516-280-7675 Fax: 516-280-7674 18-182473 - BeM 6 of 6