Capital One, National Association v. Hesse et al

Filing 35

JUDGMENT of Foreclosure and Sale: IT IS ORDERED, ADJUDGED and DECREED, that the mortgaged premises described in the Complaint in this action be sold in one parcel as follows: 280 Knickerbocker Avenue a/k/a 280, 282 and 284 Knickerbocker Avenue, Bohem ia, New York (District: 0500, Section: 193.00, Block: 01.00, Lot: 016.020, at public auction to be held in the lobby of the United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722 by and und er the direction of William Wexler, Esq, who is hereby appointed Referee for that purpose; in the absence of the designated Referee, the Court will designate a substitute Referee forthwith; that said Referee give public notice of the time and place of said sale according to law and the practice of this Court by advertising in the Suffolk County Edition of Newsday, a daily newspaper. See judgment for further details. Ordered by Judge Sandra J. Feuerstein on 11/6/2013. (Florio, Lisa)

•'

..
Courtesy

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ECF Filect PY

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Document ## 33

CAPITAL ONE, NATIONAL ASSOCIATION,
successor by merger to North Fork Bank,

Plaintiff,
-againstDANIEL A. HESSE, IFS CAPITAL LLC, NEW YORK
STATE DEPARTMENT OF TA)(ATION AND
FINANCE, NORTH SHORE LEASING & FUNDING,
INC., UTICA MUTUAL INSURANCE COMPANY,
GRAPHIC ARTS MUTUAL INSURANCE COMPANY,
GERALDINE BIELLO, NICHOLAS IORIO, MARIAN
IORIO, FRED DESANTI, KENNETH REID,
WASHINGTON INTERNATIONAL INSURANCE
COMPANY,

JUDGMENT OF
FORECLOSURE AND
SALE

Case No. 13-cv-02905SJF-ARL

Foreclosure of: 280
Knickerbocker Avenue
alk/a 280, 282 and 284
Knickerbocker Avenue,
Bohemia, New York
"JOHN DOE #1" through "JANE DOE #80," the last
District 0500
eighty names being fictitious and unknown to the Plaintiff, Section 193.00
FILED
the person or parties intended being the person or parties, if Block Ol.OO IN CLERK'S OFFICE
any, having or claiming an interest in or lien upon the
Lot 0 16.02() S DISTRICT COURTED NY
mortgage premises described in the Complaint,
NOV 0~ Z013
Defendants.

*

*

---------------------------------------------------------------------)(

LONG ISLAND OFFtCE

On the Summonses in a Civil Action ("the Summons") and Verified Complaint
("Complaint") filed in the Clerk's Office of the United States District Court of the
Eastern District ofNew York on May 17, 2013; on the Notice ofPendency of action filed
in the Office ofthe Suffolk County Clerk on June 4, 2013; on the affidavits of service of
the Summons upon the defendants, all of which were duly filed with the Clerk of the
Court; on the affirmation of regularity of Maryam Franzella, an associate with the law
firm of LAZER, APTHEKER, ROSELLA & YEDID, P.C., the attorneys for Plaintiff,
Capital One, National Association ("Capital One") dated November 4, 2013; on the

;

affirmation as to attorneys' fees and bill of costs of Mary am Franzella, dated November
4, 2013; on the Affidavit as to amounts due to Capital One of John Szeman, Vice

President of Capital One, sworn to on the 4th day ofNovember, 2013; and upon all ofthe
proceedings had herein, the Court finds that:
This action was brought to foreclose a mortgage dated February 4, 2002 (the
"Consolidated Mortgage"), and recorded in the Office of the Clerk of Suffolk County on
February 15, 2002 in Liber 20027 Page 672, encumbering real property situate within the
County of SUFFOLK, State of New York, known as 280 Knickerbocker Avenue alk/a
280, 282 and 284 Knickerbocker Avenue, Bohemia, New York (District: 0500, Section:
193.00, Block: 01.00, Lot: 016.020) ("Mortgaged Premises");

Defendants, NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE, NORTH SHORE LEASING & FUNDING, INC., UTICA MUTUAL
INSURANCE COMPANY, GRAPHIC ARTS MUTUAL INSURANCE COMPANY,
GERALDINE BIELLO, NICHOLAS IORIO, MARIAN IORIO, FRED DESANTI,
KENNETH REID, WASHINGTON INTERNATIONAL INSURANCE COMPANY,
JOHN DOE #I (JIM SAYERS D/B/A JIMBO'S DELI AND PIZZA) AND JANE DOE
#2 (STRESSFREE DRIVING SCHOOL) have been duly served with copies of the
Summons and Complaint and have not answered or moved with respect to the Summons
and Complaint and the time for them to do so has expired and has not been extended by
court order or otherwise; and it does not appear that any defendant is an infant,
incompetent, or absentee, or in the military service as defined by the Military Law and

2

"•

the Soldiers' and Sailors' Civil Relief Act; accordingly the aforementioned defendants
are in default and, as such, a default was entered against the aforementioned defendants
pursuant to the Clerk's Certificate of Default docketed on October 3, 20\3 and October 9,
20\3;
Defendants DANIEL A. HESSE, IFS CAPITAL LLC interposed a verified answer
dated August 2, 20\3, which they withdrew by letter filed with this Court on October 4,
2013;
The amount due on the Consolidated Note and Mortgage as of November 1, 2013,
as set forth in accompanying affidavit of John Szeman, sworn to on the 41h day of
November, 2013 and the affirmation of Maryam Franzella as to attorneys' fees dated
November 4, 20\3, is the total sum of$307,709.37 as follows:
a. Principal
b. Interest (including default Interest
at the rate of 12.25% from 911/12)
c. Late Fees
d. Negative Escrow for Real Estate Taxes
e. Appraisal charges
f. Attorneys' fees (as of October 30, 20\3)
g. Costs

$226,448.50
$27,554.16
$10,021.82
$15,291.28
$5,450.00
$20,818.50
$2,125.11

NOW, on request of LAZER, APTHEKER, ROSELLA AND YEDID, P.C.,
attorneys for Plaintiff, it is
ORDERED, ADJUDGED and DECREED, that the mortgaged premises described
in the Complaint in this action, as hereinafter described, or such part thereof as may be
sufficient to discharge the mortgage debt under the consolidated note and consolidated

3

..

mortgage, the expenses of sale and the costs of this action, be sold in one parcel as
follows: 280 Knickerbocker Avenue a/kla 280, 282 and 284 Knickerbocker Avenue,
Bohemia, New York (District: 0500, Section: 193.00, Block: 01.00, Lot: 016.020, at
public auction to be held in the lobby of the United States District Court for the Eastern
District of New York, 100 Federal Plaza, Central Islip, New York 11722 by and under
the direction of

Wi llt a.rn Wt.)l.lu,

E.~qy.

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who is hereby appointed Referee for that purpose; in the absence of the designated
Referee, the Court will designate a substitute Referee forthwith; that said Referee give
public notice of the time and place of said sale according to law and the practice of this
Court by advertising in the Suffolk County Edition of

Nnu~d ~

1

a1 do..L_j OlVII5pl!.pU

and that the Plaintiff or any other parties to this action may become the purchaser or
purchasers at such sale; that in case the Plaintiff or any assignee of the Plaintiff shall
become the purchaser at the said sale, they shall not be required to make any deposit
thereon; that said Referee execute to the purchaser or purchasers on such sale a deed of
the premises sold; that in the event a party other than the Plaintiff or the Plaintiff's
assignee becomes the purchaser or purchasers at such sale, they shall be required to
tender a deposit of 10% of the purchase price in certified funds and the closing of title
shall be had thirty days after such sale unless otherwise stipulated by all parties to the
sale; and it is further
ORDERED, ADJUDGED and DECREED, that the Referee, upon receiving the
proceeds of the sale, shall forthwith pay therefrom, in accordance with their priority
4

~

according to law, the taxes, assessments, sewer rents or water rates which are or may
become liens on the premises at the time of sale with such interest or penalties which may
lawfully have accrued thereon to the date of payment; and it is further
ORDERED, ADJUDGED and DECREED, that said Referee then deposit the
balance of said proceeds of sale in his/her own name as Referee in any local banking
institution insured by the FDIC and shall thereafter make the following payments and

his/her checks drawn for that purpose shall be paid by said depository:
FIRST:

The statutory fee of the Referee in the sum of$500.00;

SECOND:

The expenses of sale and the advertising expenses as shown on the
bills presented and certified by the Referee to be correct, duplicate
copies of which shall be annexed to the Report of Sale;

THIRD:

Said Referee shall also pay to the Plaintiff, or Plaintiffs attorney, the
sum of $2,125.11 adjudged to the Plaintiff for costs and
disbursements in this action to be taxed by the Clerk and inserted
herein, with interest thereon from the date hereof; together with an
additional allowance of$_ _ _ _ _ _ _ hereby awarded to the
Plaintiff in addition to costs, with interest thereon from the date
hereof; and also the sum of $284,765.76, the said amount so reported
due as aforesaid, together with interest thereon from November 1,
2013, the date interest was calculated to in the affidavit of John

Szeman sworn to on the 4th day of November, 2013, or so much
5

thereof as the purchase money of the mortgaged premises will pay
the same, together with any advances necessarily paid by the
Plaintiff for taxes, fire and other casualty insurance, principal and
interest to prior mortgagees to preserve and/or maintain the premises
not previously included in any computations, upon presentation of
receipts for said expenditures to the Referee, together with
$20,818.50 hereby awarded to the Plaintiff as reasonable legal fees

herein, together with any advances as provided for in the note and
mortgage, which Plaintiff has made for taxes, insurance, principal
and interest and any other charges due to prior mortgages, or to
maintain the premises pending consummation of this foreclosure
sale, not previously included in the computation and upon
presentation of receipts for said expenditures to the Referee, all
together with interest thereon pursuant to the note and mortgage;
FOURTH:

If such Referee intends to apply for a further allowance for his/her
fees, he/she may leave upon deposit such amount as will cover such
additional allowance, to await the further Order of this Court thereon
after application duly made upon due notice to those parties entitled
thereof.

That in case the Plaintiff be the purchaser of said mortgaged premises at said sale,
or in the event that the rights of the purchasers at said sale and the terms of sale under this
6

judgment shall be assigned to and be acquired by the Plaintiff, and a valid assignment
thereof filed with said Referee, said Referee shall not require the Plaintiff to pay in cash
the entire amount bid at said sale, but shall execute and deliver to the Plaintiff, or its
Assignee, a deed or deeds of the premises sold upon the payment to said Referee of the
amounts specified above in items marked "FIRST" and "SECOND" and the amounts of
the aforesaid taxes, assessments, sewer rents and water rates, with interest and penalties
thereon, or, in lieu of the payment of said last mentioned amounts, upon filing with said
Referee receipts of the proper municipal authorities showing the payment thereof; that the
balance of the amount bid after deducting therefrom the aforesaid amounts paid by the
Plaintiff for Referee's fees, advertising expenses, taxes, assessments, sewer rents and
water rates shall be allowed to the Plaintiff and applied by said Referee upon the amounts
due to the Plaintiff as specified above in item marked "THIRD"; that if after so applying
the balance of the amount bid, there shall be a surplus over and above the said amounts
due to the Plaintiff, the Plaintiff shall pay to the said referee upon delivery to Plaintiff of
said Referee's deed, the amount of such surplus; that said Referee, upon receiving said
several amounts from the Plaintiff, shall forthwith pay therefrom said taxes, assessments,
sewer rents and water rates, with interest and penalties thereon, unless the same have
already been paid, and shall deposit the balance.
The said Referee take the receipt of the Plaintiff, or the attorneys for the Plaintiff,
for the amounts paid as directed in item "THIRD" above, and file it with his/her report of
sale; that he/she deposit the surplus monies, if any, with the aforesaid depository within
7

five days after the same shall be received and be ascertainable, to the credit of this action,
to be withdrawn only on an order of this Court, signed by a justice of this Court. The
Referee shall make his/her report of such sale under oath showing the disposition of the
proceeds of the sale and accompanied by the vouchers of the persons to whom payments
were made, and shall file it with the Clerk of the Court within thirty (30) days after the
completing the sale and executing the proper conveyance to the purchaser, and that if the
proceeds of such sale be insufficient to pay the amount reported due to the Plaintiff with
interest and costs as aforesaid, the Referee shall specify the amount of such deficiency in
his/her report of sale; that the Plaintiff recover from the Defendant DANIEL A. HESSE
the whole deficiency or so much thereof as the Court may determine to be just and
equitable of the residue of the mortgage debt remaining unsatisfied after a sale of the
mortgaged premises and the application of the proceeds thereof, provided a motion for a
deficiency judgment shall be made as prescribed in section 13 71 of the Real Property
Actions and Proceedings Law within the time limited therein, and the amount thereof
determined and awarded by an Order of this Court as provided for in said section; and it
is further
ORDERED, that the purchaser or purchasers at said sale be let into possession on
production of the Referee's deed or deeds; and it is further
ORDERED, ADJUDGED AND DECREED, that each and all of the Defendants
in this action and all persons claiming under them, or any or either of them, after the
filing of the notice of such notice of pendency of this action, be and they are hereby
8

forever barred and foreclosed of all right, claim, lien, title, interest and equity or
redemption in said mortgaged premises, and each and every part thereof; and it is further
ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in
one parcel in "as is" physical order and condition, subject to any state of facts that an
inspection of the premises would disclose; any state of facts that an accurate survey of the
premises would show; any covenants, restrictions, declarations, reservations, easements,
rights of way and public utility agreements of record, if any; any building and zoning
ordinances of the municipality in which the mortgaged premises is located and possible
violations of same; any rights of tenants or persons in possession of the subject premises;
prior liens of record, if any, except those liens addressed in section 1354 of the Real
Property Actions and Proceedings Law; any equity of redemption of the UNITED
STATES OF AMERICA to redeem the premises pursuant to federal law; and it is further
ORDERED, that if the Referee cannot serve herein, the Court may appoint a
Substitute Referee upon proper application; and it is further;
ORDERED, that the caption be amended by deleting the references to "John Doe"
a~d

"Jane Doe," and the language appearing in the caption thereafter, and adding JIM

SAYERS D/B/A JIMBO'S DELI AND PIZZA AND STRESSFREE DRIVING
SCHOOL, and all papers and pleadings heretofore had herein are deemed amended
accordingly; and it is further

9

ORDERED, that the caption is hereby amended and shall read as follows:

-----------------------------------------------------------------)(;
CAPITAL ONE, NATIONAL ASSOCIATION,
successor by merger to North Fork Bank,
Plaintiff,
-againstDANIEL A. HESSE, IFS CAPITAL LLC, NEW YORK
STATE DEPARTMENT OF TA)(ATION AND FINANCE,
NORTH SHORE LEASING & FUNDING, INC.,
Case No.
UTICA MUTUAL INSURANCE COMPANY,
13-cv-02905-SJF-AJlL
GRAPHIC ARTS MUTUAL INSURANCE COMPANY,
GERALDINE BIELLO, NICHOLAS IORIO, MARIAN IORIO,
FRED DESANTI, KENNETH REID, WASHINGTON
INTERNATIONAL INSURANCE COMPANY,
JIM SAYERS D/B/A JIMBO'S DELI AND PIZZA AND
STRESSFREE DRIVING SCHOOL
-----------------------------------------------------------------)(; and it is further;
ORDERED that a judgment shall be entered reforming the 1996 Modification and
Extension Agreement, the $231,229.55 Mortgage, the Consolidated Mortgage and the
Consolidated Loan ALR, as defined in the Verified Complaint, to the extent that the
property description referred to in the "Schedule A" pages annexed thereto contain an
incorrect course description, by including the phrase "arc of a curve bearing to the right",
which phrase should be corrected to read "arc of a curve bearing to the left"; and it is
further

10

ORDERED, that a copy of this Judgment with Notice of Entry shall be served
upon the owner of the equity of redemption, any tenants named in this action and any
other party entitled to notice; and it is further
Said premises are commonly known as 280 Knickerbocker Avenue a/kla 280,
282 and 284 Knickerbocker Avenue, Bohemia, New York.

A description of said

mortgaged premises is annexed hereto and made a part hereof as Schedule "A".

s/ Sandra J. Feuerstein
J.S.C.

II

U . ::) . :D ..J".

@

SCHEDULE A
DESCRIPTION
District 0500. Section 193.00, Block 01.00 and Lot 016.020

ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon erected, situate, lying
and being at Holbrook (Bohemia), Town of Islip, County of Suffolk and State of New York, being more
particularly bounded and described as follows:
BEGINNING at a point on the Westerly side of Knickerbocker Avenue at the extremely Northerly end of an arc
of a curve which connects the Northerly side of McCormick Drive with the Westerly side of Knickerbocker
Avenue;
RUNNING THENCE Southwesterly along the above mentioned arc of a curve bearing to the left and having a
radius of25.00 feet, a length of39.27 feet;
THENCE North 84 degrees 00 minutes 20 seconds West along the Northerly side of McCormick Drive, 81.73
feet;
THENCE North 5 degrees 59 minutes 40 seconds East, 200.00 feet;
THENCE South 84 degrees 00 minutes 20 seconds East, 106.73 feet to the Westerly side of Knickerbocker
Avenue;
THENCE South 5 degrees 59 minutes 40 seconds West along the Westerly side of Knickerbocker Avenue,
175.00 feet to the point or place of BEGINNING.
Premises known as 280 Knickerbocker Avenue alk/a 280, 282 and 284 Knickerbocker Avenue, Bohemia,
New York

'-AO 133

(Rev. 8/06) Bill of Costs

UNITED STATES DISTRICT COURT
Southern

District of

New York

CAPITAL ONE, NATIONAL ASSOCIATION

BILL OF COSTS

v.

Case Number: 13-cv-02905-SJF-ARL

DANIEL A. HESSE et. al.

against

Judgment having been entered in the above entitled action on

All Defendants

Date

the Clerk is requested to tax the following as costs:

..................................................................

$, _ _ _480.00
__

Fees for service of summons and subpoena ............................................. .

1,140.00

Fees of the Clerk

Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case
Fees and disbursements for printing ...................... , , .......................... .
0.00

Fees for witnesses (itemize on page two) .. , ............................... , ............ .
Fees for exemplification and copies of papers necessarily obtained for use in the case ............ .
Docket fees under 28 U.S.C. 1923

.....................................................

Costs as shown on Mandate of Court of Appeals ......................................... .
Compensation of court-appointed experts ...................................... , ....... .
Compensation of interpreters and costs of special interpretation services under 28 U.S.C. 1828 .....
505.11

Other costs (please itemize) ......................................................... .

(Title Searches)
TOTAL

2,125.11

-----

$

SPECIAL NOTE: Attach to your bill an itemization and documentation for requested costs in all categories.

DECLARATION
I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services
for which fees have been charged were actually and necessarily performed. A copy of this bill has been served on all parties in the
following manner:

r3'

Electronic service by e-mail as set forth below and/or.

s/ Attorney:
Name of Attorney:
For:

Maryam Franzella

Capital One, National Association

Date:

11/4/2013

Name of Claiming Party

Costs are taxed in the amount of - - - - - - - - - - - - - - - - - - - - - - - - and included in the judgment.

Clerk of Court

By:~~~~--------------­
Deputy Clerk

Date

~AO

133

(Rev. 8/06) Bill of Costs

UNITED STATES DISTRICT COURT
WITNESS FEES (computation, cf. 28 U.S.C. 1821 for statutory fees)
ATTENDANCE

SUBSISTENCE

Total
Cost

Total
Cost

NAME. CITY AND STATE OF RESIDENCE
Davs

Davs

MILEAGE

Miles

Total
Cost

Total Cost
Each Witness

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

TOTAL

NOTICE
Section 1924, Title 28, U.S. Code (effective September I, 1948) provides:
"Sec. 1924. Verification of bill of costs."
"Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit,
made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and
has been necessarily incurred in the case and that the services for which fees have been charged were actually and
necessarily performed."
See also Section 1920 of Title 28, which reads in part as follows:
"A bill of costs shall be tiled in the case and, upon allowance, included in the judgment or decree."
The Federal Rules of Civil Procedure contain the following provisions:
Rule 54 (d)
""Except when express provision therefor is made either in a statute of the United States or in these rules, costs shall
be allowed as of course to the prevailing party unless the court otherwise directs, but costs against the United States, its
officers, and agencies shall be imposed only to the extent permitted by law. Costs may be taxed by the clerk on one day's
notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court."
Rule 6(e)
"Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period
after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, 3 days shall be
added to the prescribed period."
Rule 58 (In Part)
"Entry of the judgment shall not be delayed for the taxing of costs."

$0.00

INVOICE
Date:

Invoiceffitle

04/0212013
#:

FCL-91146-13

Client Reference #:

A~.

5789.0392

Bill to:
Laur, Aptheker, Rosella & Yedid, P.C.
225 Old Country Road
Melville, NY 11747
Phone: [phone]
Fax: [phone]

Atttc Donna Grillo

Premises
280 Knickerbocker Avenue a/k/a 280, 282 and 284

Record Owner
!FS Capital LLC

Daniel A. Hesse

: Connty
Suffolk

: Knickerbocker Avenue
. Bohemia, NY 1!716

----··-·-

-------

,_-.-

.. --··------

------- --

Foreclosure Search
Sales Tax Rate 8.625% Jurisdiction Code 4711

$400.00
$34.50

I
I

I

I

'

'

---------------------------------i~-------41

Total Amount Due

$434.50

Please make check oayable to:
Advantage Foreclosure
201 Old Country Road, Suite 200
Melville, :NY 117 4 7

Please remlt payment within 30 days to the above address. If you have any questions regarding payment of this invoice, please
contact Diane Strlebel at 631.870.1044 or [e-mail]
'J'hank you. We appreciate your continued business/

INVOICE
Obi20!201J

5789.0342

~
Laxer, Aptheker, Rosella & Yedid. P.C.

225 Old Country Road
Melville, NY 11747
Phone: [phone]
Faxc t63!) 761.0013
Attn: Melissa Schnettler

Record Owner
IFS Capital LLC
Daniel A. 1£esse

~
280 Knickerbocker Avenue a/k!a 280, 2&:2 and 284

Counrv
Suffolk

Knickerbocker Avenue

Bohemia, NY 11716

Two Continuations

$65.00

Sales Tax Rate 8.625% Jurisdic.tion Code 4711

$5.61

Total Amount Due

$70.61
Please make check payable to:

Advantage Foreclosure
201 Old Country Road, Suite 200
Melville, NY 11747

Please remit payment within 30 days to the abon address. If you have any questions
Diane Striebcl at 631.870.JO.J.4 or dstriebel(@ld\·antagegroupny.com

Thank you.

u-e appreciate yow contmued business!

regardi~

payment of this invoice. please contact

/NTERBORO ATTORNEY SERVICE

invoice Date 3.118:2013

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PERSONAL N rlA.NJ SERVICE

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Date

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Fee

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[;i\tlS':Jn, 2
Recs1Pt ~umDer: t\'t'E.CCJ12471

Casn; er ID: drowano
Transact1on Date: 05/17!20'~3
8 a1er Name: Lazer APtheker

CIVIL FILING FEE
For: Lazer APtheker

Case/Party: 0-Nr'[-- 1-13-CV-002905-000
~mourt:

$400.00

P;:.Pt.R CHECf. CONVERSION
~m: fen::Jered: $400.00
',;~_;_i-1 ~Jv, ·
$!.00.01)
T:::-:.::' Tender-ed: $400
C:ha:~ge Am-r :
$0.0C

ac

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

-------------------------------------------------------------------)(

CAPITAL ONE, NATIONAL ASSOCIATION,
successor by merger to North Fork Bank,

Plaintiff,
-againstDANIEL A. HESSE, IFS CAPITAL LLC, NEW YORK
STATE DEPARTMENT OF TA)(ATION AND
FINANCE, NORTH SHORE LEASING & FUNDING,
INC., UTICA MUTUAL INSURANCE COMPANY,
GRAPHIC ARTS MUTUAL INSURANCE COMPANY,
GERALDINE BillLLO, NICHOLAS IORIO, MARIAN
IORIO, FRED DESANTI, KENNETH REID,
WASHINGTON INTERNATIONAL INSURANCE
COMPANY,
"JOHN DOE #1" through "JANE DOE #80," the last
eighty names being fictitious and unknown to the Plaintiff,
the person or parties intended being the person or parties, if
any, having or claiming an interest in or lien upon the
mortgage premises described in the Complaint,

NOTICE OF
PENDENCY
Case No. ()I-

t3-N47E?

\'?-~OS

Date Filed: S l r1 \I"=>

FILED
JUrt 0 4 2013
JU1JOr}h~;HtMe

Defendants.

---------------------------------------------------------------------)(
NOTICE IS HEREBY GIVEN that an action has been commenced and is pending
in this Court upon a Complaint of the above named Plaintiff against the above
Defendants for the foreclosure of:
(I)

i.

a Mortgage and Security Agreement dated February 14, 1991 by LSD
Associates ("LSD") to The North Fork Bank & Trust Company ("North
Fork Trust") to secure the principal sum of $250,000.00 which
mortgage was recorded in the Suffolk County Clerk's Office on
February 27, 1991 in Liber 16608, Page 571;
a.

which mortgage (i) was modified and extended by Mortgage
and Note Modification and Extension Agreement dated May 29,
1996 by LSD to North Fork Bank, recorded in the Office of the
Clerk of Suffolk County on June 11, 1996 in Liber 19071 Page

=M'_

.12635
LAZER, APtHEJ(Efi, .RpSELLA &YEDID, p.C.
AT'I:Cf!ilf:l!;YSATLAW

' .·

TD BANK
America's Most Convenient Bank

.w!EZSNdd"'CIIIIlfiiUII
~l'fl'illl:lllb"IMba

1-1367-260

ATIORNEYS OPERATING ACCOUNT
225 OlD COUNTRY ROAD
MELVILLE, NY 11747

517/20l3.

],
g

PAY TO THE
ORDER OF

Clerk of the Court

$

·~

**80.00*~

***Eighty & No/!00 ***

.

I

OAo

..

DoL"""S ~

j

Clerk of the Court

{D

MEMO

5789.0392

11•0

~

21; :1511'

•:o 21;0 ~ :1 ~;? :1•:

l,

25:120 2 ~0811'

LAZER, APTHEKER, ROSELLA & YEDID, P.C.
ATTORNEYS OPERATING ACCOUNT

12635

Clerk of the Court
Invoice Date
5/7/2013

517/2013
Reference No.

Description

Amount
80.00

-::,

r~

[<')

rn
C">
C>

-o
-<
Conunerce Operaling Account

5789.0392

HC:;e. • oQil.i_V

Check Amount

80.00

.

.

•

Index No. 13-cv·2905·SJF-ARL

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
CAPITAL ONE, NATIONAL ASSOCIATION,
successor by merger to North Fork Bank,
Plaintiff,
-againstDANIEL A. HESSE, IFS CAPITAL LLC, NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, NORTH SHORE LEASING & FUNDING, INC., UTICA
MUTUAL INSURANCE COMPANY, GRAPHIC ARTS MUTUAL INSURANCE
COMPANY, GERALDINE BIELLO, NICHOLAS IORIO, MARIAN IORIO, FRED
DESANTI, KENNETH REID, WASHINGTON INTERNATIONAL INSURANCE
COMPANY,
"JOHN DOE #1" through "JANE DOE #80," the last eighty names being fictitious and
unknown to the Plaintiff, the person or parties intended being the person or parties, if aay~
having or claiming an interest in or lien upon the mortgage premises described ill the
Complaint,
Defendants.

PROPOSED JUDGMENT AND BILL OF COSTS

LAZER, APTHEKER, ROSELLA & YEDID, P.C.
Attorneys for Plaintiff
ATTORNEYS AT LAW
MELVILLE LAW CENTER
225 OLD COUNTRY ROAD
MELVILLE, NEW YORK 11747
(631) 761..0800

.