On January 28, 2021 a
Letter,Correspondence
was filed
involving a dispute between
Steven Dailey,
Yvette Dailey,
and
Access Federal Credit Union,
Christopher W Santilli,
Jane Doe,
John Doe,
Mia M Santilli,
Oneida Healthcare Center,
State Of New York,
Synchrony Bank,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Madison County.
Preview
SCOTT BIELICKI
Attorney At Law
P.O. Box 103 stb@oneidalaw.com
Chittenango, New York 13037 www-eneidalaw.com
315-813-3002
Supreme Court
Madison County
Attn: Egan Doyle, Esq.
Casey
Court Attorney-Referee
6th District
Judicial
5th
31 Lewis Street, FlOOr
Binghamton, NY 13901
September 1, 2021
Index No. EF2021-1083
RE: 5979 Lynch Road,
Mr. Doyle:
of June 16, 2021 other
since our status conference
aware of chañge in the status
I am not any
to retrieve of his
Santilli's sister to allow her any
said he did arrange with Mr.
than Mr. Dailey
belongings that were at the property.
personal
Sincerely,
Scott Bielicki
.
..
Admitted in New York, California (1nactive),The District of Columbia and Multiple Federal and Military Courts
{FILED: MADISON COUNTY CLERK 2021 INDEX NO. EF2021-1083
Od/ 22/ 03 : 14 PM|
NYS' Orsgectp AQ/15722j0, prior
to any further
proceedingsin a foreclosure
matter,the court
must initiate
a status agBegveipe9Uf601ggrtinghgi/iW2/ 3021
a conference
pursuantto CPLR Rule3408) to address a range of subjects
related to the case and COVID
-19 concerns.
FORECLOSURE COVID-19 CONFERENCE STATUS FORM
Case Information
Supreme Court of the State of New York,Madison Judge: Cerio
County
Plaintiff(s):steven Daitey, et at Index No.: EF2021-1083
Defendant(s): 21ristopher W. Santilti,et at # of prior conferences: 0
A COVID-19 Forectosure Conference was held on 06/16/21 O2nd COVID Conf.
Appearances For Plaintiff(s) ("P") Retained Counset Per Diem Did not appear
Scott T. Bieticki, Esq. stb oridataw.com
Name: Emait/ Phone
Law Office of Scott Bieticki 315-813-3002
Law Firm LoanServicer
For Defendant(s) ("D") OUnrepresented Retained Counsel Limited iispriou.itation Did not appear Other
Name: Email/ Phone
Law Firm ServiceProvider
Other: Present Waived Absent
**lf furtherprOceeclirÿs**
any partydoes not appear atthe first
conference, the courtshallreschedule and make a second attempt before
1. Review Procedural History:
01/28/21 Complaint filed Answer filed/served 0No answer filed
06/16/21Initiat
FSC Add. Conf. Dates: Released from FSC part
Priorcourt directives:
2. Confirm compliance with notice requirements O N/A
a. Complaints fitedafter 3/16/20 requirenotice per AO/131/20
3. inquire into COVID-19 effects on parties O N/A
Defendant (Berrawer):
Plaintiff
(Lender):
Other ( ):
4. Review any special relief under state or federal law O N/A
a. NY Banking Law § 9-x:Requires that tender make forbearance applicationsto qualifiedmortgagor who is inarrears,on a
trialperiod,or who has applied forlossmitigation. Mortgagor must demonstrate financiathardshipas a resultof COVID-19
during the covered period and encumbered prüperty must be primary residence.
b. CARES Act: During covered period,borrower with a federattybacked mortgage experiencing a financialhardship due,
directlyor indirectly,toCOVID may request forbearance regardlessof delinquency status.To assistborrower indetermining
whether toan is federalty direct them to: https://www.consumerfinance.gov/coronavirus/mortgage-andhousing-
backed,
assistanca/rnartgage-relief-do-i-qualify/
05. Refer unrepresented parties to local civil legal service providers and housing counseling
agencies (List Attached) O N/A
06. Assess pending or anticipated motions (Prior Judgments/Orders) O N/A
Motion pending: -select -
Below or insert Originat returndate: D responded
Order of Reference: Judg. of Forc./Sate: Notes
07. Approve briefing schedules proposed by stipulation of parties O N/
Responses due by P: D: Notes:
08. Use best efforts (including ADR) to resolve outstanding issues. O N/A
9-29-20rev
1 of 2
INDEX NO. EF2021-1083
|FILED: MADISON COUNTY CLERK 06/22/2021 03:14 PM|
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/22/2021
FOLLOWING A COVID-19 CONFERENCE, IT IS HEREBY DIRECTED THAT:
OBy [date], P shall provide to D a loan modification/short sale application.
By [date], D shall submit to P a completed loan modification/short sale application.
By [date], P shall provide to D a forbearance application.
OBy [date], D shall submit to P a completed forbearance application.
OBy [date], P shall send Missing Document Letter, ifnecessary.
OBy [date], D shall respond to the Missing Document Letter.
OCase settled by loan modification (FSCLMR) (FSCLMU) Other:
OCase discontinued except by settlement. P shall file a Notice of Discontinuance and serve a certified
copy of such discontinuance upon D within (45) days of the date hereof. (FSCDISCR)
(FSCDISCU)
Case is not settled, and P may proceed with the action. (FSCCNSR) (FSCCNSU) Unless otherwise
directed by the Court, failure to proceed will result in dismissal of the action.
Stayed pending other outcome. (FSCSTAYR) (FSCSTAYU)
OCourt will determine motion:-Select Below or Insert -
pending
Other:see below
Referee Notes:
Borrowers did not appear. Chris Santilli submitted a letter advising he is currently incarcerated.
Mia Santilli has been in contact with bank. She has moved out.
Chris Santilli's sister, Jennifer Wright, has power of attorney. Plaintiffs attorney advised plaintiff
has been in touch with her to remove belongings from home.
Plaiñtiff to submit status letter by July 16, 2021, with copy to defendants and Jeññifer Wright at
232 East Avenue, Oneida, NY 13421. The Court willthereafter determine whether the matter
may be removed from the conference part and proceed.
O The Court directs an adjournment to at for a
virtual conference in-court conf./appearance trialmodification.(FSCCTDR)(FSCCTDU)
For link to virtual conference, go to|http://ww2.nycourts.gov/virtual-meeting-links-30996|Madison County
Directed P acknowledges receipt by signing D acknowledges receipt by signing
by: ®Y below: below:
Casey Do
Signature signature
PLAINTIFF MUST SERVE ALL DEFENDANTS WITH THIS ORDER BY MAIL AND FILE
AFFIDAVITS OF SERVICE WITH THE COUNTY CLERK.
9-29-20rev
2 of 2
Document Filed Date
September 01, 2021
Case Filing Date
January 28, 2021
Category
Real Property - Mortgage Foreclosure - Residential
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SCOTT BIELICKI Attorney At Law P.O. Box 103 stb@oneidalaw.com Chittenango, New York 13037 www-eneidalaw.com 315-813-3002 Supreme Court Madison County Attn: Egan Doyle, Esq. Casey Court Attorney-Referee 6th District Judicial 5th 31 Lewis Street, FlOOr Binghamton, NY 13901 September 1, 2021 Index No. EF2021-1083 RE: 5979 Lynch Road, Mr. Doyle: of June 16, 2021 other since our status conference aware of chañge in the status I am not any to retrieve of his Santilli's sister to allow her any said he did arrange with Mr. than Mr. Dailey belongings that were at the property. personal Sincerely, Scott Bielicki . .. Admitted in New York, California (1nactive),The District of Columbia and Multiple Federal and Military Courts {FILED: MADISON COUNTY CLERK 2021 INDEX NO. EF2021-1083 Od/ 22/ 03 : 14 PM| NYS' Orsgectp AQ/15722j0, prior to any further proceedingsin a foreclosure matter,the court must initiate a status agBegveipe9Uf601ggrtinghgi/iW2/ 3021 a conference pursuantto CPLR Rule3408) to address a range of subjects related to the case and COVID -19 concerns. FORECLOSURE COVID-19 CONFERENCE STATUS FORM Case Information Supreme Court of the State of New York,Madison Judge: Cerio County Plaintiff(s):steven Daitey, et at Index No.: EF2021-1083 Defendant(s): 21ristopher W. Santilti,et at # of prior conferences: 0 A COVID-19 Forectosure Conference was held on 06/16/21 O2nd COVID Conf. Appearances For Plaintiff(s) ("P") Retained Counset Per Diem Did not appear Scott T. Bieticki, Esq. stb oridataw.com Name: Emait/ Phone Law Office of Scott Bieticki 315-813-3002 Law Firm LoanServicer For Defendant(s) ("D") OUnrepresented Retained Counsel Limited iispriou.itation Did not appear Other Name: Email/ Phone Law Firm ServiceProvider Other: Present Waived Absent **lf furtherprOceeclirÿs** any partydoes not appear atthe first conference, the courtshallreschedule and make a second attempt before 1. Review Procedural History: 01/28/21 Complaint filed Answer filed/served 0No answer filed 06/16/21Initiat FSC Add. Conf. Dates: Released from FSC part Priorcourt directives: 2. Confirm compliance with notice requirements O N/A a. Complaints fitedafter 3/16/20 requirenotice per AO/131/20 3. inquire into COVID-19 effects on parties O N/A Defendant (Berrawer): Plaintiff (Lender): Other ( ): 4. Review any special relief under state or federal law O N/A a. NY Banking Law § 9-x:Requires that tender make forbearance applicationsto qualifiedmortgagor who is inarrears,on a trialperiod,or who has applied forlossmitigation. Mortgagor must demonstrate financiathardshipas a resultof COVID-19 during the covered period and encumbered prüperty must be primary residence. b. CARES Act: During covered period,borrower with a federattybacked mortgage experiencing a financialhardship due, directlyor indirectly,toCOVID may request forbearance regardlessof delinquency status.To assistborrower indetermining whether toan is federalty direct them to: https://www.consumerfinance.gov/coronavirus/mortgage-andhousing- backed, assistanca/rnartgage-relief-do-i-qualify/ 05. Refer unrepresented parties to local civil legal service providers and housing counseling agencies (List Attached) O N/A 06. Assess pending or anticipated motions (Prior Judgments/Orders) O N/A Motion pending: -select - Below or insert Originat returndate: D responded Order of Reference: Judg. of Forc./Sate: Notes 07. Approve briefing schedules proposed by stipulation of parties O N/ Responses due by P: D: Notes: 08. Use best efforts (including ADR) to resolve outstanding issues. O N/A 9-29-20rev 1 of 2 INDEX NO. EF2021-1083 |FILED: MADISON COUNTY CLERK 06/22/2021 03:14 PM| NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 06/22/2021 FOLLOWING A COVID-19 CONFERENCE, IT IS HEREBY DIRECTED THAT: OBy [date], P shall provide to D a loan modification/short sale application. By [date], D shall submit to P a completed loan modification/short sale application. By [date], P shall provide to D a forbearance application. OBy [date], D shall submit to P a completed forbearance application. OBy [date], P shall send Missing Document Letter, ifnecessary. OBy [date], D shall respond to the Missing Document Letter. OCase settled by loan modification (FSCLMR) (FSCLMU) Other: OCase discontinued except by settlement. P shall file a Notice of Discontinuance and serve a certified copy of such discontinuance upon D within (45) days of the date hereof. (FSCDISCR) (FSCDISCU) Case is not settled, and P may proceed with the action. (FSCCNSR) (FSCCNSU) Unless otherwise directed by the Court, failure to proceed will result in dismissal of the action. Stayed pending other outcome. (FSCSTAYR) (FSCSTAYU) OCourt will determine motion:-Select Below or Insert - pending Other:see below Referee Notes: Borrowers did not appear. Chris Santilli submitted a letter advising he is currently incarcerated. Mia Santilli has been in contact with bank. She has moved out. Chris Santilli's sister, Jennifer Wright, has power of attorney. Plaintiffs attorney advised plaintiff has been in touch with her to remove belongings from home. Plaiñtiff to submit status letter by July 16, 2021, with copy to defendants and Jeññifer Wright at 232 East Avenue, Oneida, NY 13421. The Court willthereafter determine whether the matter may be removed from the conference part and proceed. O The Court directs an adjournment to at for a virtual conference in-court conf./appearance trialmodification.(FSCCTDR)(FSCCTDU) For link to virtual conference, go to|http://ww2.nycourts.gov/virtual-meeting-links-30996|Madison County Directed P acknowledges receipt by signing D acknowledges receipt by signing by: ®Y below: below: Casey Do Signature signature PLAINTIFF MUST SERVE ALL DEFENDANTS WITH THIS ORDER BY MAIL AND FILE AFFIDAVITS OF SERVICE WITH THE COUNTY CLERK. 9-29-20rev 2 of 2