Nationstar Mortgage LLC v. Laffrey et al

Filing 21

ORDER: The Court hereby ORDERS that Plaintiff's # 20 motion is GRANTED. The Court further ORDERS that the # 16 Judgment of Foreclosure and Sale is VACATED pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. The Court further ORDE RS that the Referee, Thomas Robertson, Esq., whom the Court appointed to sell the property, pursuant to the Order and Judgment of Foreclosure and Sale is DISCHARGED and relieved of any and all obligations and requirements thereunder. The Court furthe r ORDERS that this action is voluntarily DISMISSED pursuant to Rule 41 of the Federal Rules of Civil Procedure. The Court further ORDERS that, pursuant to New York Civil Practice Law and Rules § 6514(a), the County Clerk of the County of Onondag a is DIRECTED, upon the payment of proper fees, if any, to cancel and discharge the Notice of Pendency filed in the Office of the Clerk of the County of Onondaga on March 16, 2016, and in the Office of the Clerk of the United States District Court, N orthern District of New York, on March 28, 2016, and any other filing against the property listed herein, and said Clerk is hereby DIRECTED to enter upon the margin of the record of the same a Notice of Cancellation referring to this Order. Signed by Senior Judge Frederick J. Scullin, Jr. on 3/27/2017. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________________________
NATIONSTAR MORTGAGE LLC
Plaintiff,
v.

5:16-CV-280
(FJS/TWD)

JOHN J. LAFFREY, KATHRYN A.
LAFFREY, and AMALGAMATED BANK,
Defendants.
_______________________________________________
APPEARANCES

OF COUNSEL

GROSS POLOWY LLC
1775 Wehrle Drive, Suite 100
Williamsville, New York 14221
- and 900 Merchants Concourse
Suite 412
Westbury, New York 11590
Attorneys for Plaintiff

AMY E. POLOWY, ESQ.
STEPHEN J. VARGAS, ESQ.

JOHN J. LAFFREY
Defendant

NO APPEARANCE

KATHRYN A. LAFFREY
Defendant

NO APPEARANCE

SHAPIRO, DICARO & BARAK, LLC
175 Mile Crossing Boulevard
Rochester, New York 14624
Attorneys for Defendant Amalgamated
Bank

ELLIS M. OSTER, ESQ.

SCULLIN, Senior Judge
ORDER
Pending before the Court is Plaintiff's motion to dismiss the complaint voluntarily pursuant

to Rule 41(a) of the Federal Rules of Civil Procedure, vacate the Judgment of Foreclosure and Sale
pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, and cancel the Notice of Pendency
pursuant to New York Civil Practice Law and Rules § 6514(a). See Dkt. No. 20.
Plaintiff commenced this action on March 8, 2016. See Dkt. No. 1. Although Plaintiff
properly served Defendants, they failed to answer, appear or move with respect to the complaint.
Thereafter, on April 21, 2016, Plaintiff moved for entry of a Notice of Default, see Dkt. No. 10,
which the Clerk of the Court entered on April 26, 2016, see Dkt. No. 11. On February 7, 2017, this
Court granted Plaintiff's motion for an Order and Judgment of Foreclosure and Sale pursuant to
New York Real Property Actions and Procedures Law § 1351. See Dkt. No. 16. Subsequently,
Plaintiff and Defendants settled this action through a "deed in lieu of foreclosure." See Dkt. No. 201 at ¶ 3.
In light of this settlement, the Court hereby
ORDERS that Plaintiff's motion is GRANTED; and the Court further
ORDERS that the Judgment of Foreclosure and Sale entered on February 7, 2017, see Dkt.
No. 16, is VACATED pursuant to Rule 60(b) of the Federal Rules of Civil Procedure; and the
Court further
ORDERS that the Referee, Thomas Robertson, Esq., whom the Court appointed to sell the
property, pursuant to the Order and Judgment of Foreclosure and Sale is DISCHARGED and
relieved of any and all obligations and requirements thereunder; and the Court further
ORDERS that this action is voluntarily DISMISSED pursuant to Rule 41 of the Federal
Rules of Civil Procedure; and the Court further
ORDERS that, pursuant to New York Civil Practice Law and Rules § 6514(a), the County
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Clerk of the County of Onondaga is DIRECTED, upon the payment of proper fees, if any, to cancel
and discharge the Notice of Pendency filed in the Office of the Clerk of the County of Onondaga on
March 16, 2016, and in the Office of the Clerk of the United States District Court, Northern District
of New York, on March 28, 2016, and any other filing against property known as 8453 Transit
Lane, Baldwinsville, New York 13027, and said Clerk is hereby DIRECTED to enter upon the
margin of the record of the same a Notice of Cancellation referring to this Order.

IT IS SO ORDERED.

Dated: March 27, 2017
Syracuse, New York

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