On September 01, 2021 a
No Value
was filed
involving a dispute between
M&T Bank,
and
Mamady Keita,
New York State Department Of Motor Vehicles,
One 2016 Mercedes-Benz Vin 55Swf4Kb5Gu107781,
for Special Proceedings - Other (Title Transfer)
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 09/01/2021 03:48 PM INDEX NO. 907736-21
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/01/2021
STATE OF NEW YORK
SUPREME COURT ALBANY COUNTY
_____.. .. _____________________.. __
In the Matter of the Index No.: 907736-21
Special Proceeding Application of RJI No.:
M&T BANK
Petitioner,
ORDER TO
-against- SHOW CAUSE
One 2016 MERCEDES-BENZ, VIN: 55SWF4KB5GU107781,
defendant-in-rem, MAMADY KEITA and THE NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES,
Respondents.
_____ _________________________
On reading the annexed petition, and Rule 202.7(f) affirmation;
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
October 13, , 2021 at 10:00 in the forenoon, or as soon thereafter
as counsel can be heard, why an order should not be entered pursuant to UCC 9-619, CPLR 411,
CPLR 3001, Vehicle and Traffic Law 2115, 2118 and 2119 and CPLR 7101 directing respondent
New York State Department of Motor Vehicles to record a firstpriority lien in favor of petitioner on
the Subject Vehicle described in the caption herein and why petitioner should not have such other
and further relief as to the Court may seem proper; and itis further
ORDERED that until this proceeding is determined the New York State Department of
Motor Vehicles shall not transfer titleto the Subject Vehicle; and itis further;
ORDERED that a copy of this order to show cause and the papers upon which itis granted
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FILED: ALBANY COUNTY CLERK 09/01/2021 03:48 PM INDEX NO. 907736-21
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/01/2021
be served as follows; respondcñt 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, attention
**
and by Certified Mail return receipt requested
Title Bureau.; respondents MAMADY KEITA shall be served punishment to CPLR n or
before September 9, 2021 , and itis further
ORDERED that any opposition hereto shall be served on petitioner's counsel five (5) days
prior to the return date hereof and any reply by the return date.
**NO PERSONAL APPEARANCES ARE _ REQUIRED UNLESS OTHERWISE
DIRECTED BY THE ASSIGNED JUDGE.
Dated: Albany, New York
On this 1st of September , 2021
JUSTICE OF THE SU REME COURT
PETER A. LYNCH, J.S.C.
09/01/2021
2 of 2
Document Filed Date
September 01, 2021
Case Filing Date
September 01, 2021
Category
Special Proceedings - Other (Title Transfer)
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FILED: ALBANY COUNTY CLERK 09/01/2021 03:48 PM INDEX NO. 907736-21 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/01/2021 STATE OF NEW YORK SUPREME COURT ALBANY COUNTY _____.. .. _____________________.. __ In the Matter of the Index No.: 907736-21 Special Proceeding Application of RJI No.: M&T BANK Petitioner, ORDER TO -against- SHOW CAUSE One 2016 MERCEDES-BENZ, VIN: 55SWF4KB5GU107781, defendant-in-rem, MAMADY KEITA and THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondents. _____ _________________________ On reading the annexed petition, and Rule 202.7(f) affirmation; 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 October 13, , 2021 at 10:00 in the forenoon, or as soon thereafter as counsel can be heard, why an order should not be entered pursuant to UCC 9-619, CPLR 411, CPLR 3001, Vehicle and Traffic Law 2115, 2118 and 2119 and CPLR 7101 directing respondent New York State Department of Motor Vehicles to record a firstpriority lien in favor of petitioner on the Subject Vehicle described in the caption herein and why petitioner should not have such other and further relief as to the Court may seem proper; and itis further ORDERED that until this proceeding is determined the New York State Department of Motor Vehicles shall not transfer titleto the Subject Vehicle; and itis further; ORDERED that a copy of this order to show cause and the papers upon which itis granted 1 of 2 FILED: ALBANY COUNTY CLERK 09/01/2021 03:48 PM INDEX NO. 907736-21 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/01/2021 be served as follows; respondcñt 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, attention ** and by Certified Mail return receipt requested Title Bureau.; respondents MAMADY KEITA shall be served punishment to CPLR n or before September 9, 2021 , and itis further ORDERED that any opposition hereto shall be served on petitioner's counsel five (5) days prior to the return date hereof and any reply by the return date. **NO PERSONAL APPEARANCES ARE _ REQUIRED UNLESS OTHERWISE DIRECTED BY THE ASSIGNED JUDGE. Dated: Albany, New York On this 1st of September , 2021 JUSTICE OF THE SU REME COURT PETER A. LYNCH, J.S.C. 09/01/2021 2 of 2