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PENNYMAC LOAN SERVICES, LLC v. RICHARD G. SILVESTRI et al

Docket 612082/2018, New York State, Suffolk County, Supreme Court (June 25, 2018)
Howard Heckman, presiding
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff - Petitioner PENNYMAC LOAN SERVICES, LLC
Defendant - Respondent Richard G. Silvestri
Defendant - Respondent Gina M. Silvestri
...
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ORDER - WITH COUNTY CLERK DIRECTIVE

Document PENNYMAC LOAN SERVICES, LLC v. RICHARD G. SILVESTRI et al, 612082/2018, 23 (N.Y. Sup. Ct., Suffolk County Feb. 25, 2019)
IASferrYIofthe Supreme Court of the CountyofSUFFOy,c in the State of New Yark, on the l!l=o~y,of -Febl~ 201Q
INC.;"JOHN DOE #1-5" and "JANE DOE #1-5" said names being fictitious, it being the intention of Plaintiffto designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants.
District: 0200 Section: 346.00 Block: 01.00 Lot: 021.000 The plaintiff, PENNYMAC LOAN SERVICES, LLC, by its attorneys, FEIN SUCH & CRANE, LLP, having duly moved for an order pursuant to CPLR 32 I7(b) and 6514(a) directing that the above entitled action be discontinued without prejudice, and the motion having regularly come on to be heard, Now, upon reading and filing the notice of motion dated December~, 2018, the affirmation ofMEHMET BASOGLU, ESQ in support of the motion, sworn to on December 2..1 ,2018, the pleadings in the above entitled action, and after due deliberation having been held thereon, Now, upon motion of FEIN, SUCH & CRANE, LLP, attorneys for plaintiff, it is ORDERED that the motion be and the same is hereby in all respects granted, and that the above entitled action be and the same is hereby discontinued without prejudice; and it is further ORDERED that the Notice of Pendency of this action, originally filed in the Office of the Clerk of SUFFOLK County on 06/25/18, for the real property located at 30 ARTIST LAKE BOULEVARD, MIDDLE ISLAND, NY 11953, and designated on the County of SUFFOLK tax map as District: 0200, Section 346.00, Block 01.00, Lot 021.000, be cancelled; and it is further ORDERED that the above-referenced action be and the same is hereby discontinued without costs to either party as against the other; and it is further ORDERED that the Clerk of the County of SUFFOLK be and is hereby directed to cancel the Notice of Pendency ofthis action filed by the plaintiff herein on 06/25/18, and to make a note to that effect on the margin ofthe record of the Notice of Pendency referring to this order.
ORDERED that the acceleration of the loan is voided and deceleration is in place •• ~#:M1==t::.t
LERK OF SUFFOLK CO/,JNf¥
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AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION

Document PENNYMAC LOAN SERVICES, LLC v. RICHARD G. SILVESTRI et al, 612082/2018, 20 (N.Y. Sup. Ct., Suffolk County Dec. 24, 2018)
On the same day, the Notice of Pendency of this action was filed in the Office of the Clerk of the County of
and designated on the County of SUFFOLK tax map as Section 346.00, Block 01.00, Lot 021.000.
On 12/12/18 Plaintiff and Mortgagor settled this action by entering into a Loan Modification.
This matter has been settled and Plaintiff respectfully requests that this action be discontinued without prejudice and the Notice of Pendency be canceled.
Plaintiff respectfully requests that the Notice of Pendency filed in the Office of the Clerk of SUFFOLK County on 06/25/18 herein be canceled of record and that the instant action be discontinued without prejudice.
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ORDER ( PROPOSED )

Document PENNYMAC LOAN SERVICES, LLC v. RICHARD G. SILVESTRI et al, 612082/2018, 19 (N.Y. Sup. Ct., Suffolk County Dec. 24, 2018)
At an Ex Parte of the County of New York, Court State the Supreme of Term of SUFFOLK in the on the of day , 2018
LLP, having duly moved for an order pursuant to CPLR 3217(b) and 6514(a) directing that the above entitled action be discentinued without prejudice, and the motion having regularly come on to be heard, upon and the notice of motion dated December the Now, reading filing , 2018, affirmation of MEHMET
that the Notice of Pendency of this action, originally filed in the Office of the Clerk of
and designated on the County of SUFFOLK tax map as District: 0200 , Section 346.00, Block 01.00, Lot 021.000, be cancelled; and it is further
that the Clerk of the County of SUFFOLK be and is hereby directed to cancel the Notice of Pendency of this action filed the plaintiff by herein on 06/25/18, and to make a note to that effect on the margin of the record of the Notice of Pendency referring to this order.
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AFFIDAVIT

Document PENNYMAC LOAN SERVICES, LLC v. RICHARD G. SILVESTRI et al, 612082/2018, 18 (N.Y. Sup. Ct., Suffolk County Dec. 24, 2018)
, being duly sworn, deposes and says: deponent That in the State of Motion a party is not of NEW JERSEY.
to Cancel Notice to the is over action, } on December That and Discontinue of Pendency the age | of eighteen
I served without , 2018, Action years a copy Prejudice and of the with resides Notice supporting papers
being a true and the copy under designated addresses enclosed of same the exclusive care Sworn to befor of day me this co,qAy,2018 l_ Notary Public
parties said by in a postage and custody for or attorney(s) addressed properly the United States that purpose, envelope Post Office by via paid, of Such & Crane, LLP Fein,
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EXHIBIT(S)

Document PENNYMAC LOAN SERVICES, LLC v. RICHARD G. SILVESTRI et al, 612082/2018, 22 (N.Y. Sup. Ct., Suffolk County Dec. 24, 2018)
DOE #1-5"said names and "JANE it being the intention of Plaintiff to designate fictitious, being any and all occupants, or corporations, persons if tenants, or claiming an interest in or lien upon the any, having premises foreclosed being herein, Defendants.
and being situate, Island, plot, lying land, County of on a certain map entitled, and State of New York, as Lot No. 17, as shown and designated known Suffolk "Map in the Office Section One", located Curran's Town Suffolk filed as Middle of Brookhaven, County, Hollow,
point the Westerly side of Artist Lake Blvd South 04 degrees 51 minutes West 100.00 feet to the Premises: Tax Parcel ID No.: 30 Artist District: Lake Boulevard, 0200 Section: Island, NY 11953 Middle Lot: 021.000 346.00 Block: 01.00 vLO Page 3 of 9 3 of
516/394-6921 LLP Pursuant beliefand to 22 NYCRR 130-1.1, the=d=igr.ed, the crtrMrs reasonable inquiry, an attorney admitted to practice in the courts ofNew York State, certifies that upon !
Dated: December 2-1 , 2018 the undersigned, belief and and an attorney reasonable inquiry, admitted the to practice contentions in the contained of New York courts in the annexed State, document Print Signer's Name:
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EXHIBIT(S)

Document PENNYMAC LOAN SERVICES, LLC v. RICHARD G. SILVESTRI et al, 612082/2018, 21 (N.Y. Sup. Ct., Suffolk County Dec. 24, 2018)
612082/2018 RECEIVED NYSCEF: 12/24/2018 RECEIVED NYSCEF: 06/25/2018 SCHEDULE "B" -NONE- 15 of 49 FILED: SUFFOLK COUNTY CLERK 12/24/2018 09:21 AM FILED: SUFFOLK CQUNTY CLERK 09:27 /25/2018 06 ...
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NOTICE OF MOTION

Document PENNYMAC LOAN SERVICES, LLC v. RICHARD G. SILVESTRI et al, 612082/2018, 17 (N.Y. Sup. Ct., Suffolk County Dec. 24, 2018)
LLP, attorneys for plaintiff herein, and the exhibits annexed thereto, and upon the pleadings and proceedings heretofore had
it being the fictitious, and all occupants, tenants, if any, or claiming premises foreclosed
on 23"1 the day of January, 2019 at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order canceling the Notice of Peñdeñcy, discontinuing the instant action without prejudice, and for such other and further relief as this Court deems just and proper.
The above-entitled action is brought to foreclose a mortgage on real property.
that pursuant to CPLR 2214(b), answering papers, are to be served upon the undersigned at least seven
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