Preview
FILED: SUFFOLK COUNTY CLERK 01/30/2024 08:56 AM INDEX NO. 607953/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/30/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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WILMINGTON SAVINGS FUND SOCIETY, NOTICE OF MOTION
FSB NOT INDIVIDUALLY, BUT SOLELY AS
TRUSTEE FOR RESIDENTIAL MORTGAGE
AGGREGATION TRUST
Plaintiff,
vs
INDEX #: 607953/2023
PATRICIA A. MUSTO, DENNIS J. MUSTO,
DISCOVER BANK MORTGAGED PREMISES:
198 Concord Road
JOHN DOE (Those unknown tenants, occupants, Shirley, NY 11967
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
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PLEASE TAKE NOTICE that upon the attached affirmation(s) of Jessica J. Kielb, Esq.,
Attorney for Plaintiff dated January 23, 2024, the Affidavit of Priscilla Serrato dated July 31,
2023, the exhibits attached to both, the Memorandum of Law, and all the proceedings in this case
to date, the Plaintiff will move the Supreme Court of Suffolk County, 1 Court St, Riverhead, NY
11901 on the ______
20th day of _____________,
February 20____
24 at ______
9:30 pm for an Order:
(1) Granting summary judgment pursuant to CPLR §3212; (2) Dismissing the defenses
and counterclaims asserted in the answer filed by Defendants Patricia A. Musto and Dennis J.
Musto pursuant to CPLR §3211(b); (3) Permitting the answer to be treated as a limited notice of
appearance requiring Plaintiff to serve the answering Defendants, without prior notice, a copy of
the entered Judgment of Foreclosure and Sale, notice of sale, notice of discontinuance, and
notice of surplus money proceedings pursuant to CPLR §320; (4) Appointing a Referee to
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FILED: SUFFOLK COUNTY CLERK 01/30/2024 08:56 AM INDEX NO. 607953/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/30/2024
compute the amount due to the Plaintiff and to examine and report whether the mortgaged
premises can be sold in parcels pursuant to RPAPL §1321; (5) Amending the caption to reflect
the deletion of "John Doe" as a party Defendant to this action; (6) Granting a default judgment
against all non-appearing and non-answering defendants and that the defaults be fixed and
determined pursuant to CPLR §3215; and for such other and further relief as the Court may deem
just and proper.
TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering papers and
notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at
least seven (7) days prior to the return date of this motion.
DATED: January 23, 2024
Williamsville, New York
/s/ Jessica J. Kielb
Jessica J. Kielb, Esq.
Gross Polowy, LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Tel.: (716) 204-1700
TO: See attached addendum
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FILED: SUFFOLK COUNTY CLERK 01/30/2024 08:56 AM INDEX NO. 607953/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/30/2024
Wilmington Savings Fund Society, FSB not individually, but solely as trustee for Residential Mortgage
Aggregation Trust
vs.
Patricia A. Musto and Dennis J. Musto, et al.
INDEX NO. : 607953/2023
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Name and Address of Party Served Mode of Service
Ingrid O. Uhlich, Esq. First class mail via USPS
Attorney for Defendants Patricia A. Musto Certified mail/RR
and Dennis J. Musto E-mail
1225 Franklin Avenue, Suite 325 Notice of Electronic Filing (NYSCEF)
Garden City, NY 11530 United Parcel Service
FedEX
3 of 3
Preview
FILED: SUFFOLK COUNTY CLERK 01/30/2024 08:56 AM INDEX NO. 607953/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/30/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------X WILMINGTON SAVINGS FUND SOCIETY, NOTICE OF MOTION FSB NOT INDIVIDUALLY, BUT SOLELY AS TRUSTEE FOR RESIDENTIAL MORTGAGE AGGREGATION TRUST Plaintiff, vs INDEX #: 607953/2023 PATRICIA A. MUSTO, DENNIS J. MUSTO, DISCOVER BANK MORTGAGED PREMISES: 198 Concord Road JOHN DOE (Those unknown tenants, occupants, Shirley, NY 11967 persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). ----------------------------------------------------------------X PLEASE TAKE NOTICE that upon the attached affirmation(s) of Jessica J. Kielb, Esq., Attorney for Plaintiff dated January 23, 2024, the Affidavit of Priscilla Serrato dated July 31, 2023, the exhibits attached to both, the Memorandum of Law, and all the proceedings in this case to date, the Plaintiff will move the Supreme Court of Suffolk County, 1 Court St, Riverhead, NY 11901 on the ______ 20th day of _____________, February 20____ 24 at ______ 9:30 pm for an Order: (1) Granting summary judgment pursuant to CPLR §3212; (2) Dismissing the defenses and counterclaims asserted in the answer filed by Defendants Patricia A. Musto and Dennis J. Musto pursuant to CPLR §3211(b); (3) Permitting the answer to be treated as a limited notice of appearance requiring Plaintiff to serve the answering Defendants, without prior notice, a copy of the entered Judgment of Foreclosure and Sale, notice of sale, notice of discontinuance, and notice of surplus money proceedings pursuant to CPLR §320; (4) Appointing a Referee to 1 of 3 FILED: SUFFOLK COUNTY CLERK 01/30/2024 08:56 AM INDEX NO. 607953/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/30/2024 compute the amount due to the Plaintiff and to examine and report whether the mortgaged premises can be sold in parcels pursuant to RPAPL §1321; (5) Amending the caption to reflect the deletion of "John Doe" as a party Defendant to this action; (6) Granting a default judgment against all non-appearing and non-answering defendants and that the defaults be fixed and determined pursuant to CPLR §3215; and for such other and further relief as the Court may deem just and proper. TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering papers and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. DATED: January 23, 2024 Williamsville, New York /s/ Jessica J. Kielb Jessica J. Kielb, Esq. Gross Polowy, LLC Attorneys for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Tel.: (716) 204-1700 TO: See attached addendum 2 of 3 FILED: SUFFOLK COUNTY CLERK 01/30/2024 08:56 AM INDEX NO. 607953/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/30/2024 Wilmington Savings Fund Society, FSB not individually, but solely as trustee for Residential Mortgage Aggregation Trust vs. Patricia A. Musto and Dennis J. Musto, et al. INDEX NO. : 607953/2023 ****************************************************************************** Name and Address of Party Served Mode of Service Ingrid O. Uhlich, Esq. First class mail via USPS Attorney for Defendants Patricia A. Musto Certified mail/RR and Dennis J. Musto E-mail 1225 Franklin Avenue, Suite 325 Notice of Electronic Filing (NYSCEF) Garden City, NY 11530 United Parcel Service FedEX 3 of 3