At an Part of the Supreme Court of the State of New York, held in and for the County of Westchester at the Courthouse thereof, at Westchester County Supreme Court, 111 Dr. Martin Luther King Jr.
Freedom Mortgage Corporation Plaintiff, - against - Peter Goldberg, Melissa Goldberg, Consolidated Edison Co. of New York Inc., People of the State of New York, Clerk of the County of Westchester, and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the Mortgage premises described in the Complaint, Defendants.
Upon reading and filing the Summons, Complaint and Notice of Pendency filed in this action on January 14, 2025, in the Office of the Clerk of the County of Westchester and the affirmation of Robert Tremaroli, Esq., dated February 25, 2025, from which it appears that this is an action to foreclose a Mortgage on property located at 66 Maple Row, Crompond, NY 10517, and that the defendant, Peter Goldberg, cannot be personally served within the State of New York, and the plaintiff having made proof to the Court's satisfaction that the location of the said defendant or his/her personal representative cannot with due diligence be ascertained, and that the plaintiff has been and will be unable in the exercise of due diligence to make personal service of the Summons and Complaint herein or by any other prescribed method on the said defendant within this state and it appearing that there is a sufficient cause of action stated against the defendants who are necessary parties herein; NOW, on the motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for the plaintiff herein, it is ORDERED, that this action be discontinued against the defendants "JOHN DOE #1" through "JOHN DOE #10" and the caption of this action be amended accordingly; and it is further ORDERED, that the United States of America-Internal Revenue Service be added as party defendant to this proceeding and that the caption of this action be amended accordingly; and it is further ORDERED, that the New York State Department of Taxation and Finance be added as party defendant to this proceeding 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, Amended Complaint, and Amended Notice of Pendency 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 defendant Peter Goldberg, 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 and Amended Complaint herein be delivered on behalf of the said defendant, 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
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; and it is further ORDERED, that the Supplemental Summons and Amended Complaint, 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 within sixty days after the entry date of this Order and that the date of entry of this Order be used for purposes of compliance with CPLR Rule 316(c); and it is further ORDERED, that the provision of CPLR 306-b is satisfied, provided publication is made pursuant to this Order and proof thereof filed within 120 days from the date of entry of this Order; and it is further ORDERED, that the caption of this action shall read as follows: Index No. 55669/2025 Plaintiff,
Freedom Mortgage Corporation - against - Peter Goldberg if living and if any be dead, any and all persons who are spouses, widows, grantees, mortgagees, lienor, heirs, devisees, distributees, or successors in interest of such of the above as may be dead, and their spouses, heirs, devisees, distributees and successors in interest, all of whom and whose names and places of residences are unknown to Plaintiff , Melissa Goldberg, Consolidated Edison Co. of New York Inc., People of the State of New York, Clerk of the County of Westchester, United States of America-Internal Revenue Service, New York State Department of Taxation and Finance, Defendants.