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(2011 NY Slip Op 52215(U))

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  [*1] U.S. Bank, N.A. v Ramjit 2011 NY Slip Op 52215(U)Decided on December 12, 2011Supreme Court, Kings CountySchack, J.Published byNew York State Law Reporting Bureaupursuant to Judiciary Law §431.This opinion is uncorrected and will not be published in the printed Official Reports. Decided on December 12, 2011 Supreme Court, Kings CountyU.S. Bank, N.A., Plaintiff,againstWayne Ramjit et al., Defendants. 17027/08Plaintiff Rosicki Rosicki and AssociatesBatavia NYArthur M. Schack, J.In this foreclosure action, plaintiff, U.S. BANK N.A. (U.S. BANK), moved for an order of   reference and related relief for the premises located at 1485 Sutter Avenue, Brooklyn, New York (Block 4259, Lot 22, County of Kings). For the Court to consider the motion for an order of reference, I ordered plaintiff's counsel, Rosicki, Rosicki & Associates, P.C., on July 29, 2011, tocomply with the October 20, 2010 Administrative Order of then Chief Administrative Judge AnnT. Pfau, as revised on March 2, 2011, and concluded that:Accordingly, it isORDERED, that plaintiff U.S. BANK N. A.'s motion for anorder of reference and related relief for the premises located at 1485Sutter Avenue, Brooklyn, New York (Block 4259, Lot 22, County of Kings) and the instant foreclosure action will be dismissed withprejudice, unless, within sixty (60) days from this decision and order,counsel for plaintiff, U.S. BANK N.A., complies with the new Rule,promulgated by the Chief Administrative Judge Ann T. Pfau onOctober 20, 2010, as revised on March 2, 2011, by submitting anaffirmation, to my Chambers (not the Foreclosure Department),[*2]360 Adams Street, Room 478, Brooklyn, NY 11201, using the newstandard Court form, pursuant to CPLR Rule 2106 and under thepenalties of perjury, that counsel for plaintiff, U.S. BANK N.A., has based upon my communications [with named representative orrepresentatives of plaintiff], as well as upon my own inspection andreasonable inquiry under the circumstances . . . that to the best of my knowledge, information and belief, the Summons, Complaint andother papers filed or submitted to the Court in this matter contain no  false statements of fact or law , and is aware of my obligations underNew York Rules of Professional Conduct (22 NYCRR Part 1200) and22 NYCRR Part 130. On September 23, 2011, plaintiff's counsel, Rosicki, Rosicki & Associates, P.C., filed withthe Court the instant motion, requesting an extension of thirty (30) days, up to and includingOctober 26, 2011, to submit the required attorney's affirmation.According to ¶ 15 of the affirmation in support of the motion, by Timothy Menasco, Esq., of Rosicki, Rosicki & Associates, P.C., plaintiff and plaintiff's counsel has been actively reviewingthe file in order to properly abide by said Administrative Order creating the delay in submissionof the affirmation. Mr. Menasco then states, in ¶ 16 of his affirmation, [i]t is unduly harsh andinappropriate to dismiss this action, on the basis of a delay in submitting an affirmation to thecourt. Plaintiff's counsel, Rosicki, Rosicki & Associates, P.C., continued, for reasons unknown andnot satisfactorily explained to the Court, to not comply with the Administrative Order of theChief Administrative Judge and my July 28, 2011 order. I have not received the affirmation fromplaintiff's counsel, as ordered by the Chief Administrative Judge's Administrative Order and myprevious order.Today, plaintiff U.S. BANK'S instant motion to extend the time to file the requiredattorney's affirmation, appeared on my motion calendar. It is one hundred thirty-seven (137) dayssince I issued my July 28, 2011 order and four hundred eighteen (418) days since the Chief Administrative Judge issued her Administrative Order. Therefore, for violation of these orders,the instant foreclosure action is dismissed with prejudice and the notice of pendency is cancelledand discharged.DiscussionThe Office of Court Administration issued a press release on October 20, 2010 explainingthe reasons for the Administrative Ordered issued that day by Chief Administrative Judge Pfau. Itstated:The New York State court system has instituted a new filing  requirement in residential foreclosure cases to protect the integrityof the foreclosure process and prevent wrongful foreclosures. Chief Judge Jonathan Lippman today announced that plaintiff's counsel inforeclosure actions will be required to file an affirmation certifyingthat counsel has taken reasonable steps — including inquiry to banksand lenders and careful review of the papers filed in the case — toverify the accuracy of documents filed in support of residential[*3]foreclosures. The new filing requirement was introduced by theChief Judge in response to recent disclosures by major mortgagelenders of significant insufficiencies — including widespread deficienciesin notarization and robosigning of supporting documents — inresidential foreclosure filings in courts nationwide. The new requirementis effective immediately and was created with the approval of thePresiding Justices of all four Judicial Departments.Chief Judge Lippman said, We cannot allow the courts in New York State to stand by idly and be party to what we now knowis a deeply flawed process, especially when that process involvesbasic human needs — such as a family home — during this period of economic crisis. This new filing requirement will play a vital role inensuring that the documents judges rely on will be thoroughly examined,accurate, and error-free before any judge is asked to take the drastic step
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