Granting Plaintiff permission to issue, file and serve a Supplemental Summons, Amended Complaint and Amended Notice of Pendency, and Permitting plaintiff to serve defendant Kaelynn Kitterle as Heir to the
Complaint to be effectuated by first class mail upon all other parties entitled to service, and e) Granting plaintiff an extension of time to effect service of the amended pleadings, pursuant to CPLR §306-b, and f) Deeming all non-appearing defendants to be in default; and Adding Michael Nesci and Gavin Leahy in place and stead of John
and the said Motion having regularly come on to be heard on ___________________ and no appearance having been required or made by the attorneys for the parties herein and upon submission and due deliberation having been had thereon NOW, upon reading and filing the affirmation of Karen Sheehan dated December 27, 2024, the Summons, Complaint and Notice of Pendency of action filed in the Office of the Clerk of Onondaga County on August 29, 2024 from which it appears that this is an action to foreclose a mortgage on 213 Slawson Drive, Camillus, NY 13031; AND proof that each of the defendants herein has been duly served with the Summons and Complaint in this action and required notices except for Kaelynn Kitterle and Kyle Kitterle’s unknown heirs, AND it appearing that the defendants’ time to answer the complaint has expired; and NOW, on the motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for the plaintiff herein, it is ORDERED that Lynzi Castrello, New York State Department of Taxation and Finance, B.K, R.K, K.K, United States of America-Internal Revenue Service, Michael Nesci and Gavin Leahy, are determined to be in default; and it is further ORDERED, that this action be discontinued against the defendants "JOHN DOE #3" through "JOHN DOE #10" and that Michael Nesci and Gavin Leahy be substituted as party defendants in the place and stead of the defendants "JOHN DOE #1" through "JOHN DOE #2 respectively and that the caption of this action be amended accordingly; and it is further ORDERED, that the plaintiff be and hereby is granted leave to issue, file and serve, where required, the annexed Supplemental Summons, Amended Complaint, and Amended Notice of Pendency, and that the caption of this action is hereby amended to conform with the
caption as shown on said Supplemental Summons without prejudice to any of the proceedings heretofore had herein; and it is further ORDERED, that the service of the Supplemental Summons in this action upon the defendants Kaelynn Kitterle and also upon Kyle Kitterly’s unknown heirs, if living, and if he/she be dead, his/her respective heirs-at-law, next of kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said defendants who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in and to the premises described in the Complaint herein, be made by publication of said supplemental Summons in two (2) newspapers, at least One in the English language, hereby designated as most likely to give notice to the said defendants, viz: in the published in County, State of New York and in the , published in County, State of New York, together with a notice to the defendant, containing a brief statement of the nature of this action and the relief sought and a brief description of the property, once in each week of four successive weeks; and it is further ORDERED, that the Supplemental Summons, Amended Complaint, Amended Notice of Pendency and the papers on which this order is based be filed on or before the first day of publication and that the first publication be made no later than 60 days after the date of entry of this Order; and it is further ORDERED, that the period for the plaintiff to effect service of the Supplemental Summons and Amended Complaint is hereby extended, pursuant to the provisions of CPLR §306-b, to 120 days beyond the first day of publication directed by this Order; and it is further ORDERED, that the Supplemental Summons and Amended Complaint herein be delivered on behalf of defendant Kaelynn Kitterle and the unknown heirs and distributees of the estate of Kyle A. Kitterle a/k/a Kyle Kitterle, who may be served herein by publication pursuant to this Order, to , counselor-at-law, with an address at , telephone number ( ) , who is hereby authorized, empowered and designated to appear herein as Guardian ad Litem and Military Attorney on behalf of any of the said defendants who may be absentees, infants or incompetents, or unknown successors in interest of defendants who may be deceased, or defendants who may be in the military service, and to
protect and defend interests of said defendants in the action upon filing his acknowledged consent and qualifying affidavit; and it is further ORDERED, that said Guardian ad Litem and Military Attorney shall also act for said defendants should they be in default or be in the military service of the United States of America, and is hereby authorized and appointed for the purpose of representing them and protecting their interest in this action pursuant to the provisions of the Soldiers’ and Sailors’ Civil Relief Act and Military Law of 1940, as amended, and the Military Laws of the State of New York; and it is further ORDERED, that the Guardian appointed herein shall be paid $_______ upon the filing of a notice of appearance on behalf of the ward(s) and provision shall be made in the judgment of foreclosure and sale for an additional fee, payable upon transfer of title.