On December 12, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Empower Federal Credit Union,
and
Brandon M Catalone,
Empower Federal Credit Union,
Sarah A Catalone,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Oswego County.
Preview
FILED: OSWEGO COUNTY CLERK 07/25/2019 10:17 AM INDEX NO. EFC-2018-2013
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 07/25/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
EMPOWER FEDERAL CREDIT UNION, INDEX NO. EFC-2018-2013
Plaintiff, AMENDED
NOTICE OF MOTION FOR A
-vs- DEFAULT JUDGMENT AND
JUDGMENT OF
BRANDON M. CATALONE; FORECLOSURE AND SALE
SARAH A. CATALONE; PURSUANT TO RPAPL §1309
EMPOWER FEDERAL CREDIT UNION;
JOHN DOE and JANE DOE, the two defendants last named MORTGAGED PROPERTY:
8th
being possible tenants in possession of portions of premises 389 S.W. Street
under foreclosure, the names being fictitious, their true Oswego, New York 13126
names being unknown to plaintiff,
COUNTY: Oswego
Defendants. SBL #: 146.46-01-03.1
____
The plaintiff in this lawsuit has applied for an expedited judgmêñt of foreclasure and sale of
your property on the ground that it is vacant and abs:f:::d. Your property may be foreclosed
upon and sold without any further preceediñgs, if you do not respond to this motion by or on the
return date which is August 29, 2019. You have a right to stay in your property until the court
orders you to leave. You may respond to this motion by either sub-hting a written dGcament or
by appêaring in court on the return date.
PLEASE TAKE NOTICE that, upon the affirmation of Anthony R. Hanley, Esq. dated June 24,
2019, the Affidavit of Paul Fisher, sworn to July 12, 2019, the exhibits attached thereto, and all prior
proceedings in this case, Plaintiff, Empower Federal Credit Union, will move this Court on August 29,
2019, at 9:30 a.m., before Hon. Scott J. DelConte, at the Supreme Court, 25 East Oneida Street, Oswego,
New York, or as soon thereafter as the parties may be heard, for an order:
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FILED: OSWEGO COUNTY CLERK 07/25/2019 10:17 AM INDEX NO. EFC-2018-2013
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 07/25/2019
1. that all and defendants are in default pursuant to CPLR
Declaring non-appearing non-answering
§3215;
2. Declaring the mortgaged property vacant and abandoned in accordance with RPAPL §1309(2);
3. Confirming the sums due and owing upon the subject mortgage and note without the appointment
of a referee pursuant to RPAPL §1309;
4. Granting a Judgmeñt of Foreclosure and Sale pursuant to RPAPL §1309;
5. Appointing a Referee to conduct an auction sale pursuant to applicable law;
6. Directing the distribution of the sale proceeds pursuant to RPAPL §1354;
Doe"
7. Removing "John Doe and Jane as party defendants in this action as no tenants reside at the
Doe"
property, and amending the caption to reflect the removal of "John Doe and Jane as party
defendants; and
8. Such additional relief as the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §2214(b), answering papers, if
any, are to be served upon the undersigned no later than seven (7) days prior to the return date of the
within motion.
DATED: July 25, 2019
Onondaga County, New York
Anthon M ley,
Costello, Cooney & e n, PLLC
Attorneys for Plaint
Empower Federal Credit Union
5701 West Genesee Street
Camillus, New York 13031
Telephone (315) 422-1152
2
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FILED: OSWEGO COUNTY CLERK 07/25/2019 10:17 AM INDEX NO. EFC-2018-2013
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 07/25/2019
TO:
Brandon M. Catalone
8th
389 S.W. Street
Oswego, New York 13126
Sarah A. Catalone
6311 N. Kirkville Road
Kirkville, New York 13082
Empower Federal Credit Union
1 Member Way
North Syracuse, New York 13212
3
3 of 3
Document Filed Date
July 25, 2019
Case Filing Date
December 12, 2018
Category
Real Property - Mortgage Foreclosure - Residential
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FILED: OSWEGO COUNTY CLERK 07/25/2019 10:17 AM INDEX NO. EFC-2018-2013 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 07/25/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO EMPOWER FEDERAL CREDIT UNION, INDEX NO. EFC-2018-2013 Plaintiff, AMENDED NOTICE OF MOTION FOR A -vs- DEFAULT JUDGMENT AND JUDGMENT OF BRANDON M. CATALONE; FORECLOSURE AND SALE SARAH A. CATALONE; PURSUANT TO RPAPL §1309 EMPOWER FEDERAL CREDIT UNION; JOHN DOE and JANE DOE, the two defendants last named MORTGAGED PROPERTY: 8th being possible tenants in possession of portions of premises 389 S.W. Street under foreclosure, the names being fictitious, their true Oswego, New York 13126 names being unknown to plaintiff, COUNTY: Oswego Defendants. SBL #: 146.46-01-03.1 ____ The plaintiff in this lawsuit has applied for an expedited judgmêñt of foreclasure and sale of your property on the ground that it is vacant and abs:f:::d. Your property may be foreclosed upon and sold without any further preceediñgs, if you do not respond to this motion by or on the return date which is August 29, 2019. You have a right to stay in your property until the court orders you to leave. You may respond to this motion by either sub-hting a written dGcament or by appêaring in court on the return date. PLEASE TAKE NOTICE that, upon the affirmation of Anthony R. Hanley, Esq. dated June 24, 2019, the Affidavit of Paul Fisher, sworn to July 12, 2019, the exhibits attached thereto, and all prior proceedings in this case, Plaintiff, Empower Federal Credit Union, will move this Court on August 29, 2019, at 9:30 a.m., before Hon. Scott J. DelConte, at the Supreme Court, 25 East Oneida Street, Oswego, New York, or as soon thereafter as the parties may be heard, for an order: 1 of 3 FILED: OSWEGO COUNTY CLERK 07/25/2019 10:17 AM INDEX NO. EFC-2018-2013 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 07/25/2019 1. that all and defendants are in default pursuant to CPLR Declaring non-appearing non-answering §3215; 2. Declaring the mortgaged property vacant and abandoned in accordance with RPAPL §1309(2); 3. Confirming the sums due and owing upon the subject mortgage and note without the appointment of a referee pursuant to RPAPL §1309; 4. Granting a Judgmeñt of Foreclosure and Sale pursuant to RPAPL §1309; 5. Appointing a Referee to conduct an auction sale pursuant to applicable law; 6. Directing the distribution of the sale proceeds pursuant to RPAPL §1354; Doe" 7. Removing "John Doe and Jane as party defendants in this action as no tenants reside at the Doe" property, and amending the caption to reflect the removal of "John Doe and Jane as party defendants; and 8. Such additional relief as the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §2214(b), answering papers, if any, are to be served upon the undersigned no later than seven (7) days prior to the return date of the within motion. DATED: July 25, 2019 Onondaga County, New York Anthon M ley, Costello, Cooney & e n, PLLC Attorneys for Plaint Empower Federal Credit Union 5701 West Genesee Street Camillus, New York 13031 Telephone (315) 422-1152 2 2 of 3 FILED: OSWEGO COUNTY CLERK 07/25/2019 10:17 AM INDEX NO. EFC-2018-2013 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 07/25/2019 TO: Brandon M. Catalone 8th 389 S.W. Street Oswego, New York 13126 Sarah A. Catalone 6311 N. Kirkville Road Kirkville, New York 13082 Empower Federal Credit Union 1 Member Way North Syracuse, New York 13212 3 3 of 3