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FILED: WESTCHESTER COUNTY CLERK 08/20/2013
`FILED: WESTCHESTER COUNTY CLERK 08m2013
`NYSC
`3F DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`
`INDEX V0.
`57213/2013
`INDEX NO. 57213/2013
`
`
`
`
`RfiCfiIVfiD NYSCEF:
`08/20/2013
`RECEIVED NYSCEF: 08/20/2013
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`————————————————————————————————————————————————————————————————————————X
`
`US. BANK NATIONAL ASSOCIATION, AS TRUSTEE
`FOR STRUCTURED ADJUSTABLE RATE MORTGAGE
`
`MORTGAGE
`TRUST,
`LOAN
`CERTIFICATES, SERIES 2006—8,
`
`PASS—THROUGH
`
`Index No.: 57213/2013
`
`against
`
`NOTICE OF ENTRY
`
`Plaintiff,
`
`MICHAEL PADERNACHT; CAPITAL ONE BANK;
`DELBELLO DONNELLAN WEINGARTEN WISE &
`WIEDERKEHR LLP; LAWRENCE HOSPITAL; NEW
`YORK STATE DEPARTMENT OF TAXATION AND
`FINANCE;
`THE
`ARBORS
`HOME
`OWNERS
`ASSOCIATION;
`CHRISTA TOMASULO; WELLS
`FARGO BANK NA;
`”JOHN DOES” and ”JANE DOES,"
`said names being fictitious, parties intended being possibie
`tenants or occupants of premises, and corporations, other
`entities or persons who claim, or may ciaim, a lien against
`the premises,
`
`Defendant(s).
`
`————————————————————————————————————————————————————————————————————————X
`
`COUNSEL:
`
`PLEASE TAKE NOTICE that the Within is a true copy of an Order dated August 13, 2013 duly
`entered in the office of the Cierk of Westchester County on August 14, 2013.
`
`DATED: August 19, 2013
`Plainview, New York
`
`To:
`
`CHRISTA TOMASULO, ESQ
`Attorneys for Defendant
`M'chael Pademacht
`132 Brush Holiow Crescent
`
`Rye Brook, NY 10573-1629
`
`
`
`
`
`“81 i
`
`51 E. Bethpage 1‘
`Piainview, New York 11803
`516.741.2585
`
`

`

`
`m INszi NO. 57213/2013
`
`NYSCEF DOC. NO. 24
`
`To commence the statutory timWfi‘i‘g’pafi‘fngfimfi? :
`of right (CRLR § 5513 [a]), yet: are advised to sews a
`copyofflusorda;vdflinoficcofenUy,uponaHpanes.
`
`0 8 / 14 / 2 0 IE. 3
`
`Dmp
`
`Dammrw_
`
`
`SmLNQmjmapTflR“_flflm$
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`JAMIESON
`PRESENT: HON. LINDA S.
`______________________________________ X
`
`US BANK NATIONAL ASSOCIATION, AS
`TRUSTEE FOR STRUCTURES ADJUSTABLE RATE
`
`MORTGAGE LOAN TRUST, MORTGAGE PASS
`THROUGH CERTIFICATES, SERIES 2005-8,
`
`Plaintiff,
`
`wagainst~
`
`Index No. 57213/2013
`
`DECISION AND ORDER
`
`MICHAEL PADERNACHT, CAPITAL ONE BANK,
`DEBELLO DONNELLAN WEINGARTEN WISE &
`
`WIEDERKEHR LLP, LAWRENCE HOSPITAL, NEW
`YORK STATE DEPARTMENT OF TAXATION AND
`
`FINANCE, THE ARBORS HOME OWNERS ASSOCIATION,
`CHRISTA.TOMASULO, et. al.,
`
`______________________________________ X
`
`Respondents—Occupants.
`
`The foliowing papers numbered 1 to 2 were read on this
`
`motion:
`
`gene;
`
`Notice of Motion
`
`Affirmation and Exhibits in Opposition
`
`Number
`
`1
`
`2
`
`Defendant Christa Tomasulo bxings this motion seeking to
`
`dismiss this foreclosure action. Although the Notice of Motion
`
`says that there is an Affidavit and Exhibit attached,
`
`that is not
`
`the case. Nor has anything been uploaded to the e-filing system.
`
`Accordingly,
`
`the Court must deny the motion without prejudice.
`
`Ms. Tomasulo may file a second motion to dismiss the complaint as
`
`

`

`to her, accompanied by her affidavit and all relevant supporting
`
`documentation.
`
`The foregoing constitutes the decision and order of the
`
`Court.
`
`Dated:
`
`White Plains, New York
`August L; 2013
`
`JAMIESON
`
`
`uetice of the Supreme Court
`
`To: Roeioki, Rosioki & Associates, P.C.
`Attorneys for Plaintiff
`51 E. Bethpage Road
`Plainview, NY 11803
`
`Christa Tomasulo
`
`132 Brush Hollow Crescent
`
`Rye Brook, NY 10573
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`———————————————————————————————————————————————————————————————————————X
`
`US. BANK NATIONAL ASSOCIATION, AS TRUSTEE
`FOR STRUCTURED ADJUSTABLE RATE MORTGAGE
`
`LOAN
`TRUST,
`MORTGAGE
`CERTIFICATES, SERIES 2006-8,
`
`PASS—THROUGH
`
`Index No: 57213/2013
`
`-against-
`
`AFFIDAVIT 0F MAILING
`
`Plaintiff,
`
`MICHAEL PADERNACHT, et a1.,
`
`Defendant(s).
`________________________________________________________________________X
`
`ss.:
`
`) )
`
`)
`
`STATE OF NEW YORK
`
`COUNTY OF NASSAU
`
`Mohinie Peters, being duly sworn, deposes and says:
`
`I am not a party to this action, am over 18 years of age and reside in Queens, New York.
`
`On August 19, 2013, I served an Order dated August 13, 2013 with Notice of Entry by depositing a true
`copy thereof in a post-paid wrapper, in an official depository under the exciusive care and custody of
`the US. Postai Service Within New York State, addressed to each of the foilowing persons at the last
`known address set forth after each name:
`
`CHRISTA TOMASULO, ESQ
`Attorneys for Deféndanr
`‘Mchael Pademachr
`
`.132 Brush Hoilow Crescent
`
`RyeBrook,NY10573—1629
`
`/fl t2
`
`Mohinie Peters“
`
`
`
`
`
`Andrew Morgantern
`Notary Public, State ofN.Y.
`. No.30-4737423
`Qualified in Nassau Conn
`Comm. Expires December31 gig;
`
`

`

`Index No. 57213/201 3
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`
`
`US. BANK NATIONAL ASSOCEATION, AS TRUSTEE FOR STRUCTURED ADJUSTABLE RATE
`MORTGAGE LOAN TRUST, MORTGAGE PASS—THROUGH CERTIFICATES, SERIES 2006—8,
`
`«against
`
`MICHAEL PADERNACHT, at 211.,
`
`Plaintiff,
`
`Dcfendant(s).
`
`
`
`ORDER WITH NOTICE OF ENTRY
`
`
`
`
`
`Plainview, New 'ork 11803
`516.741.2585
`
`R,R&A #: 12—003293
`
`

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