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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
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`LAKEVIEW LOAN SERVICING , LLC,
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`Plaintiff,
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`- against -
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`THOMAS BAGGIO, ALEXIA BAGGIO, THE SECRETARY OF
`HOUSING AND URBAN DEVELOPMENT, and “JOHN DOE No. 1''
`through ''JOHN DOE No. 100'' inclusive, the name of the last 100
`defendants being fictitious, the true names of said defendants being
`unknown to plaintiff, it being intended to designate fee owners, tenants
`or occupants of the liened premises and/or persons or parties having or
`claiming an interest in or a lien upon the liened premises, if the
`aforesaid individual defendants are living, and if any or all of said
`individual defendants be dead, their heirs at law, next of kin,
`distributees, executors, administrators, trustees, committees, devisees,
`legatees, and assignees, lienors, creditors and successors in interest of
`them and generally all persons having or claiming under, by, through,
`or against the said defendants named as a class, of any right, title, or
`interest in or lien upon the premises described in the complaint herein,
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`Defendant(s).
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`INDEX NO.
`75156/2024
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`ATTORNEY
`AFFIRMATION
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` Jaclyn Jordan, Esq., pursuant to CPLR § 2106 and under the penalties of perjury, affirms
`as follows:
`1. I am an attorney duly admitted to practice law in the courts of the State of Ne w
`York and I am an associate with Aldridge Pite, LLP, attorneys of record for Plaintiff herein. I am
`fully familiar with the facts, court papers and proceedings of this action based upon a review of
`the file maintained by my office. This is not a frivolou s motion and the statement of facts is not
`false.
`2. This affir mation is made pursuan t to CPLR §3211(b) for the purpose of
`dismissing the counterclaims asserted by the Defendant THOMAS BAGGIO.
`FILED: WESTCHESTER COUNTY CLERK 08/21/2025 11:11 AMINDEX NO. 75156/2024
`NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 08/21/2025
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`3. This action was commenced to foreclose a mortgage on real property known a s
`263 Cherry Road, Yorktown Heights, NY 10598, and bearing tax designation: Section: 27.10,
`Block: 1, and Lot: 61 F/K/A Section 6.9, Block 17, and Lot 63.
`4. The Summons and Complaint were filed in the Office of the Clerk of the County
`of WESTCHESTER on November 14, 2024, and the Notice of Pendency of Action was filed in
`the Office of the Clerk of the County of WESTCHESTER on November 14, 2024 (NYSCEF
`Doc. Nos. 1-2).
`5. Defendant THOMAS BAGGIO filed an A nswer with Counterclaims on April 14,
`2025. (NYSCEF Doc. Nos. 22)
`6. All parties were served in this action with copies of the Summons and Complaint
`and no one has answered or appeared with respect thereto, although the time to do so has expired
`and has not been extended by court order or otherwise, except for Defendant THOMAS
`BAGGIO who answered or appeared pro se (NYSCEF Doc. No. 22), and Defendant THE
`SECRETARY OF HOUSING AND URBAN DEVELOPMENT that answered or appeared
`through its attorney (NYSCEF Doc. No. 13)
`7. There was no Referee appointed in the above referenced action.
`8. The within action, and the underlying dispute therein, were resolved to the
`satisfaction of Plaintiff as a loan modification was fully executed and the subject mortgage
`remains a lien upon the property.
`9. As the prosecution of the within action was no longer necessary, the Plaintiff filed
`a motion to discontinue this action on July 10, 2025 . In said motion the Plainti ff inadvertently
`left out the relief requesti ng the dismissal of the counterclaims asserted by the Defendant
`THOMAS BAGGIO in the Verified Answer dated April 3 , 2025 and filed April 14 , 2025 .
`FILED: WESTCHESTER COUNTY CLERK 08/21/2025 11:11 AMINDEX NO. 75156/2024
`NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 08/21/2025
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`(NYSCEF Doc. No. 22). Plaintiff’s Motion to D ismiss was granted by Order dated August 13,
`2025. (See NYSCEF Doc. No. 31).
`10. Therefore, it is respectfully requested that this Court grant an Order dismissing the
`Counterclaims asserted by the defendant THOMAS BAGGIO.
`11. No previous application for this relief has been made.
`12. I affirm this 20th day of August, 2025, under the penalties of perjury under the
`laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I
`understand that this document may be filed in an action or proceeding in a court of law.
` WHEREFORE, Plaintiff respectfully requests that the instant motion be granted in its
`entirety and for such other and further relief as this Court deems just and proper.
`Executed on this 20th day of August, 2025
`Melville, New York
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`_______________________________
`Jaclyn Jordan, Esq.
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`FILED: WESTCHESTER COUNTY CLERK 08/21/2025 11:11 AMINDEX NO. 75156/2024
`NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 08/21/2025
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`WORD COUNT CERTIFICATION
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` The foregoing affirmation was prepared on a computer. The total number of words in
`this affirmation, exclusive of the caption, table of contents, table of aut horities and signature
`block, is 536. This affirmation complies with the word count limit as provided for in 22 NYCRR
`202.8-b.
` I have relied on the word count function of the word processing system used to prepare
`this affirmation to calculate the number of words herein.
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`Dated: August 20, 2025
` Melville, New York
` ________________________
` Jaclyn Jordan, Esq.
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`FILED: WESTCHESTER COUNTY CLERK 08/21/2025 11:11 AMINDEX NO. 75156/2024
`NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 08/21/2025
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