Motion-Secondary: Credit Acceptance Corp. v. Rasheeda Smith, Marcus Ferrell, Dmv, One 2020 Mitsubishi, Vin Ja4ar3au7lu06687

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                                STATE     OF  NEW     YORK
                  SUPREME        COURT                ALBANY       COUNTY


                  In the  Matter  of                                                                        Index  No.:

                                                                                                            RJI  No.:
                  CREDIT      ACCEPTANCE          CORP.,


                                                                Petitioner,                                 ORDER      TO
                                               -against-                                                    SHOW      CAUSE


                  One   2020   MITSUBISHI,       VIN:   JA4AR3AU7LU06687,
                  defendants-in-rem,      RASHEEDA        SMITH      and MARCUS        FERRELL,      and
                  THE    NEW     YORK     STATE    DEPARTMENT            OF   MOTOR      VEHICLES,


                                                               Respondents.




                  On   reading  the annexed    petition and  affinnation   with  memorandum       of law:



                  NOW,     on  motion   of Rudolph    J. Meola,  attorney  for the  Petitioner  herein, itis:


                           ORDERED         that the  respondents    above-named     show   cause  before   an  All-Purpose   Term    of


                  this Court   to be held  at the Albany   County    Courthouse,   Albany,   New   York   on



                                                 , 2021   at                 o'clock   in the  forenoon,   or as soon   thereafter   as


                   counsel  can  be  heard,  why   an  order  should   not  be  entered  pursuant   to  CPLR    314(2),   CPLR    411,


                   CPLR    3001,   UCC    9-609,  UCC     9-619,  Vehicle    and  Traffic  Law   2115,   Vehicle   and   Traffic  Law


                   2117  and   CPLR    7101   declaring   that Petitioner's   right to title and  possession    of the  subject  2020


                   MITSUBISHI         automobile    is superior  to  the interests  of, RASHEEDA          SMITH      and  MARCUS


                   FERRELL        and  directing  that  Respondent     New    York   State  Department    of  Motor   Vehicles    shall


                   issue a title to Petitioner  for  such  vehicle   upon  appropriate   application,   and  why   Petitioner   should


                   not have  such  other  and  further relief as to the  Court  may   seem  proper;  and  itis further
                           ORDERED        that  a copy  of this  order to show   cause   and  the papers  upon   which   itis granted



                  be  served  upon   the Respondent(s)     on  or before                              as follows:  New    York   State


                  Department     of Motor    Vehicles   shall be  served   by  regular  mail  at: DMV     Legal  Bureau,    6 Empire


                  State  Plaza,   Albany,    New    York    12228;   Respondents,     RASHEEDA          SMITH       and   MARCUS


                  FERRELL        shall be  served  pursuant   to CPLR    Article  3; service  shall  also be  made   by regular   mail



                  upon   the New    York         Police                 Legal   Bureau   -  Civil  Enforcement           2 Lafayette
                                           City          Department,                                               Unit,


                           55
                  Street,     Floor,  New   York,  New    York   10007,  attention  Matthew    R. Russo,   Esq.  and  itis further


                           ORDERED         that  any   epposition   to  the  relief  sought   shall  be  served   upon   Petitioner's



                  counsel   five days  prior to the  retum  date.


                  **NO       PERSONAL           APPEARANCES              ARE       REQUIRED           UNLESS         OTHERWISE


                  DIRECTED         BY   THE   JUDGE.




                  Dated:   Albany,   New    York
                  This       of                     , 2021
                                                                        JUSTICE      OF   THE    SUPREME        COURT