`NYSCEF DOC. NO. 52
`RECEIVED NYSCEF: 08/05/2022
`
`INDEX NO. 53404/2020
`
`Qt,the Supreme
`At _~ IAS Part
`Court of the State of New York
`held
`and
`for
`the
`County
`of
`WESTCHESTER
`at .the Courthouse
`thereof 111 MARTIN LUTHER KING
`BLVD, WHITE PLAINS, NEW YORK on
`S"
`,
`20~UM
`
`Index No.: 53404/2020
`
`ORDER DISCONTINUING
`ACTION, CANCE~LING LIS
`PENDENS
`
`Section: 2
`Block: 2446
`Lot: 24
`Mortgage Servicer:
`SELENE FINANCE, LP
`Mortgage Servicer Phone
`#:
`(877)
`768-3759
`
`T :
`SEN
`PRE
`~NL
`Honorable ..r..a.w:rellce
`J~e
`
`l>",'"'tC=- L I AjJC-
`~
`H.EcRer
`
`- x
`-
`-
`-
`-
`U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS
`INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE
`FOR THE NRZ PASS-THROUGH TRUST V
`Plaintiff(s),
`
`-against-
`BASHAR RABADI, INDIVIDUALLY, AND AS
`ADMINISTRATOR AND AS HEIR TO THE ESTATE
`OF ABED RABADI
`OHAN RABADI, AS HEIR TO THE ESTATE OF
`ABED.RABADI
`KHALIL RABADI, AS HEIR TO THE ESTATE OF
`ABED RABADI
`any and all persons unknown to plaintiff,
`claiming, or who may claim to have an
`interest in, or generally or specific
`lien upon the real property described in
`this action; such unknown persons being
`herein generally described and intended
`to be included in the following
`designation, namely: the wife, widow,
`husband, widower, heirs-at law, next of
`kin, descendants, executors,
`administrators,
`devisees, legatees,
`creditors, trustees, committees, lienors,
`and assignees of ABED RABADI, deceased,
`any and all persons deriving interest in
`or lien upon, or title to said real
`property by, through or under them and
`
`1 of 4
`
`
`
`FILED: WESTCHESTER COUNTY CLERK 08/09/2022 01:23 PM
`NYSCEF DOC. NO. 52
`RECEIVED NYSCEF: 08/05/2022
`
`INDEX NO. 53404/2020
`
`their respective wives, widows, husbands,
`widowers, heirs-at law, next of kin,'
`descendants, executors, administrators,
`devisees, legatees, creditors, trustees,
`committees, 'lienors, and assignees, all
`of whom and whose names, except as
`stated, are unknown to plaintiff
`NEW YORK STATE DEPARTMENT OF TAXATION AND
`FINANCE-TAX COMPLIANCE DIVISION-C,O.-ATC
`UNITED STATES OF AMERICA DEPARTMENT OF
`TREASURY INTERNAL REVENUE SERVICES
`MINAYA HECTOR
`PROPERTY TAX REASSESSMENT GROUP
`"JOHN DOE #1" through "JOHN DOE #12," the
`last
`twelve
`names
`being
`fictitious
`and
`unknown
`to
`plaintiff,
`the
`persons
`or
`parties
`intended
`being
`the
`tenants,
`occupants,
`persons
`or
`corporations,
`if
`any, having or claiming an interest in or
`lien upon the premises,
`described in the
`complaint,
`
`Defendant(s) .
`- - - -
`- x
`of
`affirmation
`the
`filing
`annexed
`and
`reading
`On
`Kathleen A. Casey, Esg., an associate with ROACH & LIN, P.C. ,
`attorneys for the plaintiff, affirmed on June 14, '2022; and upon
`all the pleadings and proceedings heretofore had herein;
`for
`NOW, on motion
`P.C.,
`attorneys
`of ROACH & LIN,
`wherein
`leave of this Court is sought for an Order
`Plaintiff,
`discontinuing
`the above
`entitled
`action,
`cancelling
`a certain
`Notice of Pendency heretofore filed with the clerk of this court
`heretofore filed on March 3, 2020; and there being no opposition
`hereto; and this application having corne on to be regularly heard
`
`2 of 4
`
`
`
`---------_._--------------------------
`FILED: WESTCHESTER COUNTY CLERK 08/09/2022 01:23 PM
`NYSCEF DOC. NO. 52
`RECEIVED NYSCEF: 08/05/2022
`
`----_._--
`INDEX NO. 53404/2020
`
`before me, and after due deliberation having been held thereon, it
`is
`
`ORDERED, that the motion is granted without opposition;
`and it -is further
`ORDERED, that the above entitled action be and the same
`is hereby discontinued without prejudice, without costs to either
`party as against the other; and it is further
`ORDERED, that the County Clerk of WESTCHESTER County is
`directed, upon payment of the proper fees, if any, to cancel and
`discharge a certain Notice of Pendency of this action filed in the
`Office of the Clerk of the County of WESTCHESTER, on March 3, 2020
`against property
`known as 227 PARK AVENUE,
`YONKERS,
`NY 10703,
`Section 2, Block 2446, Lot 24 and said Clerk is hereby directed to
`enter upon margin of the record of samea.Notice
`of Cancellation
`referring to this Order
`
`3 of 4
`
`
`
`FILED: WESTCHESTER COUNTY CLERK 08/09/2022 01:23 PM
`NYSCEF DOC. NO. 52
`RECEIVED NYSCEF: 08/05/2022
`
`INDEX NO. 53404/2020
`
`Index No:
`
`53404/2020
`
`Year 2020
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`
`NOT IN ITS INDIVIDUAL
`U.S. BANK NATIONAL ASSOCIATION,
`SOLELY AS TRUSTEE FOR THE NRZ PASS-THROUGH
`TRUSTV,
`Plaintiff,
`
`-against-
`
`CAPACITY BUT
`
`ABED RABADI, ET AL.,
`
`Defendants.
`
`PROPOSED ORDER
`
`ROACH & LIN, P.C.
`Attorneys for Plaintiff
`qlJiee and Post o.lJiee Address, Telephone
`6901 JERICHO TURNPIKE, SUITE 240
`SYOSSET, NY 11791
`TEL: (516) 938-3100, FAX: (516) 931-4403
`
`4 of 4
`
`
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