On June 11, 2008 a
Letter,Correspondence
was filed
involving a dispute between
Deutsche Bank National Trust Company,
Mortgage Pass-Through Certificates Series 2007-Br1,
Securitized Asset Backed Receivables Llc Trust 2007-Br1,
Trustee Under Pooling And Servicing Agreement,
and
Board Of Managers Of The Sunrise Tower Condiminium,
Debra Dennis,
Mortgage Electronic Registration Systems, Inc,
New Century Mortgage Corporation,
Tony Clanton,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Richmond County.
Preview
To: 12129526472 From: 1646 8597941 Date: 06/14/19 Time: 12 : 47 PM Page: 02/03
Staten
island
Legal
Services Legal
Services
VIA FA.CSIMILE
June 2019 ca
14, b
Honorable Charles M. Troia, J.S.C.
Richmond County Supreme Court SE
130 Stuyvesant Place
Staten Island, NY 10301 '9 o
F: (212) 952-6472
Re: Deutsche Bank National Trust Company, As Trustee v. Clanton, et at
Richmond County Supreme Court Index No.: 100938/2008
Dear Justice Troia:
Staten Island Legal Services represents Defendant Clanton in the above-
("SILS") Tony
referenced action, which appeared on the Court's calendar this morning. I am writing
regarding representations made to Defendant and thisCourt by PlaintitTtoday regarding
itsmotion for order of reference and tobring to thisCourt's attention the fact that counsel
for Plaintiffconferenced the case with the Court without my participation knowing full
well that I was in court for purposes ofparticipating in thatconference. The Court
restored this foreclosure action to the calendar in2018, after itgranted Plaintiff'smotion
to vacate itsown notice of discontinuance whereby ithad withdrawn thisaction, which
Defendant, who was appearing pro se at the time, had opposed. When itgranted that
motion to restore the action tothe calendar the Court directed PlaintitY to filea motion for
an order of reference by April 24, 2019.
Plaintifffailed to with that deadline or present a reasonable excuse for itsnon-
comply
compliance with this Court's directive, and, at the statusconference held on May 21, 2019,
Plaintiffrequested additional time to fileitsmotion for order of reference. The Court
granted Plaintiff's request-while noting Plaintiffhad previously assured the Court thatthe
motion would be filedby April 24, 2019-and directed Plaintiff fileitsmotion retumable
June 14, 2019.
StatenIslandlegal Services
Statensicrd W 19301
36 Prhnm1 Terrace,%te 205
h8
Plufr ?33 6480Fa:<718-& 82 !
a s!stshindlegaberews.ol9 -H
NancyGoldhill,FrojectDhr;cW
To: 12129526472 From: 16468597941 Date: 06/14/19 Time: 12:47 PM Page: 03/03
I appeared today in court for the scheduled statusconference. Prior to the conference, in
the hallway outside the courtroom, I advised Stefanie Affronti, the per diem attorney
appearing on behalf of counsel for Plaintiffthat SILS had not been served with any
motion papers. Plaintiff'scounsel represented to me thatPlaintiff served SILS by UPS
earlier that moming, and displayed an unidentified timestamp on her phone ostensibly
corroborating the representation that the motion had been timely served upon my office,
but supplied no proof of service or a copy of the motion papers. Plaintiff'scounsel then
excused herself, advising me that she would advise the Court that the parties were
prepared to conference the matter. 1 explained 1 would be waiting in the courtroom for
the matter to be called. Shortly thereatler, Plaintiff'scounsel entered the courtroom and
asked me to join her in the hall where she divulged to me that she had conferenced the
matter without me outside of the courtroom, despite my having communicated that I was
there to conference the case with the Court at her convenience. Apparently as a resultof
Plaintiff'sex parte conferencing of the case with the Court Plaintiff's motion for order of
reference (and, presumably, for a defaultjudgment) isnow scheduled for argument on
July 26, 2019 at 9:30 A.M.
Upon returning to the office,I learned that,contrary to Ms. Affronti's assurances to me,
my office was not served with any motion li·om PlaintitTdespite the verbal assurances
thatthe motion itwas directed to serve by this Court was timely served.
Although thisCourt would be within itsrights to invoke N.Y. C.P.LR. § 3216 in lightof
Plaintiff'sunreasonable neglect to proceed with itsmotion in violation of thisCourt's
directive, at a minimum the Court should direct Plaintiffto immediately provide proof of
timely service and to explain to the Court why itproceeded with the conference today in
fullknowledge that I was present and why itmisrepresented that ithad already served
papers that,in fact,have yet to be served upon counsel for Defendant. Should the Court
have any questions, I can be reached directly by phone, 718-233-6469, or e-mail,
sbaldwinzillsnve.org.
Sincerely.
Sarah Baldwin, Esq.
Staten Island Legal Services
Ce: Margaret Gairo
Managing Partner
McCabe Weisberg Conway
Attorneys for Plaintiff
145 Huguenot Street
New Rochelle, NY 10801
Document Filed Date
July 02, 2021
Case Filing Date
June 11, 2008
Category
Real Property - Mortgage Foreclosure - Residential
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To: 12129526472 From: 1646 8597941 Date: 06/14/19 Time: 12 : 47 PM Page: 02/03 Staten island Legal Services Legal Services VIA FA.CSIMILE June 2019 ca 14, b Honorable Charles M. Troia, J.S.C. Richmond County Supreme Court SE 130 Stuyvesant Place Staten Island, NY 10301 '9 o F: (212) 952-6472 Re: Deutsche Bank National Trust Company, As Trustee v. Clanton, et at Richmond County Supreme Court Index No.: 100938/2008 Dear Justice Troia: Staten Island Legal Services represents Defendant Clanton in the above- ("SILS") Tony referenced action, which appeared on the Court's calendar this morning. I am writing regarding representations made to Defendant and thisCourt by PlaintitTtoday regarding itsmotion for order of reference and tobring to thisCourt's attention the fact that counsel for Plaintiffconferenced the case with the Court without my participation knowing full well that I was in court for purposes ofparticipating in thatconference. The Court restored this foreclosure action to the calendar in2018, after itgranted Plaintiff'smotion to vacate itsown notice of discontinuance whereby ithad withdrawn thisaction, which Defendant, who was appearing pro se at the time, had opposed. When itgranted that motion to restore the action tothe calendar the Court directed PlaintitY to filea motion for an order of reference by April 24, 2019. Plaintifffailed to with that deadline or present a reasonable excuse for itsnon- comply compliance with this Court's directive, and, at the statusconference held on May 21, 2019, Plaintiffrequested additional time to fileitsmotion for order of reference. The Court granted Plaintiff's request-while noting Plaintiffhad previously assured the Court thatthe motion would be filedby April 24, 2019-and directed Plaintiff fileitsmotion retumable June 14, 2019. StatenIslandlegal Services Statensicrd W 19301 36 Prhnm1 Terrace,%te 205 h8 Plufr ?33 6480Fa:<718-& 82 ! a s!stshindlegaberews.ol9 -H NancyGoldhill,FrojectDhr;cW To: 12129526472 From: 16468597941 Date: 06/14/19 Time: 12:47 PM Page: 03/03 I appeared today in court for the scheduled statusconference. Prior to the conference, in the hallway outside the courtroom, I advised Stefanie Affronti, the per diem attorney appearing on behalf of counsel for Plaintiffthat SILS had not been served with any motion papers. Plaintiff'scounsel represented to me thatPlaintiff served SILS by UPS earlier that moming, and displayed an unidentified timestamp on her phone ostensibly corroborating the representation that the motion had been timely served upon my office, but supplied no proof of service or a copy of the motion papers. Plaintiff'scounsel then excused herself, advising me that she would advise the Court that the parties were prepared to conference the matter. 1 explained 1 would be waiting in the courtroom for the matter to be called. Shortly thereatler, Plaintiff'scounsel entered the courtroom and asked me to join her in the hall where she divulged to me that she had conferenced the matter without me outside of the courtroom, despite my having communicated that I was there to conference the case with the Court at her convenience. Apparently as a resultof Plaintiff'sex parte conferencing of the case with the Court Plaintiff's motion for order of reference (and, presumably, for a defaultjudgment) isnow scheduled for argument on July 26, 2019 at 9:30 A.M. Upon returning to the office,I learned that,contrary to Ms. Affronti's assurances to me, my office was not served with any motion li·om PlaintitTdespite the verbal assurances thatthe motion itwas directed to serve by this Court was timely served. Although thisCourt would be within itsrights to invoke N.Y. C.P.LR. § 3216 in lightof Plaintiff'sunreasonable neglect to proceed with itsmotion in violation of thisCourt's directive, at a minimum the Court should direct Plaintiffto immediately provide proof of timely service and to explain to the Court why itproceeded with the conference today in fullknowledge that I was present and why itmisrepresented that ithad already served papers that,in fact,have yet to be served upon counsel for Defendant. Should the Court have any questions, I can be reached directly by phone, 718-233-6469, or e-mail, sbaldwinzillsnve.org. Sincerely. Sarah Baldwin, Esq. Staten Island Legal Services Ce: Margaret Gairo Managing Partner McCabe Weisberg Conway Attorneys for Plaintiff 145 Huguenot Street New Rochelle, NY 10801