2015 12:55 PM

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COUNTY OF RICHMOND The Bank of New York Mellon FKA The Bank of New York as Successor Indenture Trustee to JPMorgan Chase Bank, N.A., as Indenture Trustee for the CWABS Revolving Home Equity Loan Trust, Series 2004-L Plaintiff, -against- Michael L. Dinaso a/k/a Michael Dinaso, The Board of Directors of Page Avenue Homeowners Association, Inc., New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau and "JOHN DOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint, Defendants. SUMMONS Plaintiff designates Richmond County as the place of trial. Venue is based upon the County in which the mortgaged premises is situated. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons, exclusive of the day of service; or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York; or within sixty (60) days if it is the United States of America. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. FILED: RICHMOND COUNTY CLERK 05/27/2015 12:55 PM INDEX NO. 135526/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/27/2015

Transcript of 2015 12:55 PM

COUNTY OF RICHMOND

The Bank of New York Mellon FKA The Bank of New York asSuccessor Indenture Trustee to JPMorgan Chase Bank, N.A., asIndenture Trustee for the CWABS Revolving Home EquityLoan Trust, Series 2004-L

Plaintiff,

-against-

Michael L. Dinaso a/k/a Michael Dinaso, The Board ofDirectors of Page Avenue Homeowners Association, Inc., NewYork City Environmental Control Board, New York CityParking Violations Bureau, New York City TransitAdjudication Bureau and "JOHN DOE #1" through "JOHNDOE #10", the last ten names being fictitious and unknown tothe plaintiff, the person or parties intended being the persons orparties, if any, having or claiming an interest in or lien upon themortgaged premises described in the Complaint,

Defendants.

SUMMONS

Plaintiff designatesRichmond County as theplace of trial. Venue isbased upon the County inwhich the mortgagedpremises is situated.

TO THE ABOVE NAMED DEFENDANT(S):

YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve acopy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice ofAppearance on the attorneys for the plaintiff within twenty (20) days after service of this Summons,exclusive of the day of service; or within thirty (30) days after service is complete if this Summonsis not personally delivered to you within the State of New York; or within sixty (60) days if it is theUnited States of America. In case of your failure to appear or answer, judgment will be takenagainst you by default for the relief demanded in the Complaint.

FILED: RICHMOND COUNTY CLERK 05/27/2015 12:55 PM INDEX NO. 135526/2015

NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/27/2015

NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME

If you do not respond to this summons and complaint by serving a copy of the answeron the attorney for the mortgage company who filed this foreclosure proceeding against youand filing the answer with the court, a default judgment may be entered and you can lose yourhome.

Speak to an attorney or go to the court where your case is pending for furtherinformation on how to answer the summons and protect your property.

Sending a payment to your mortgage company will not stop this foreclosure action.

YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THEATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THEANSWER WITH THE COURT.

Dated: Bay Shore, New York FRENKEL, LAMBERT, WEISS,May 15, 2015 WEISMAN & GORDON, LLP

BY: Joshua ShererAttorneys for Plaintiff53 Gibson Street Bay Shore, New York 11706(631) 969-3100Our File No.: 01-075823-F00

TO:Michael L. Dinaso a/k/a Michael Dinaso 46 Lerer Lane Staten Island, NY 10307 and/or Po Box 70098 Staten Island, NY 10307 The Board of Directors of Page Avenue Homeowners Association, Inc. New York City Environmental Control Board 100 Church Street, 4th Floor New York, NY 10007

New York City Parking Violations Bureau 100 Church Street, 4th Floor New York, NY 10007

New York City Transit Adjudication Bureau 130 Livingston Street Brooklyn, NY 11201

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF RICHMOND

The Bank of New York Mellon FKA The Bank of New York asSuccessor Indenture Trustee to JPMorgan Chase Bank, N.A., asIndenture Trustee for the CWABS Revolving Home EquityLoan Trust, Series 2004-L

Plaintiff,

-against-

Michael L. Dinaso a/k/a Michael Dinaso, The Board ofDirectors of Page Avenue Homeowners Association, Inc., NewYork City Environmental Control Board, New York CityParking Violations Bureau, New York City TransitAdjudication Bureau and "JOHN DOE #1" through "JOHNDOE #10", the last ten names being fictitious and unknown tothe plaintiff, the person or parties intended being the persons orparties, if any, having or claiming an interest in or lien upon themortgaged premises described in the Complaint,

Defendants.

COMPLAINT

The plaintiff, by its attorneys, Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,complaining of the defendants herein allege, upon information and belief, as follows:

AS A FIRST CAUSE OF ACTION

1. That the plaintiff, The Bank of New York Mellon FKA The Bank of New York as SuccessorIndenture Trustee to JPMorgan Chase Bank, N.A., as Indenture Trustee for the CWABS RevolvingHome Equity Loan Trust, Series 2004-L, at all times hereinafter mentioned was and still is aDomestic Corporation authorized to do business in the State of New York.

2. On or about June 15, 2004, Michael L. Dinaso a/k/a Michael Dinaso executed and deliveredto Countrywide Home Loans, Inc. a note dated June 15, 2004 whereby Michael L. Dinaso a/k/aMichael Dinaso promised to pay the principal sum of $321,000.00.

3. On or about June 15, 2004, Michael L. Dinaso a/k/a Michael Dinaso executed and deliveredto Countrywide Home Loans, Inc. a mortgage (hereinafter "mortgage") in the principal sum of$321,000.00, with interest, mortgaging the premises known as 46 Lerer Lane, Staten Island, NY10307 (hereinafter "premises") as collateral security for the note. The mortgaged premises is morefully described in EXHIBIT "A" annexed hereto.

4. The mortgage was duly recorded in the Office of the Clerk of the County of Richmond onSeptember 29, 2004 in Reel 19037, Page 249 and the recording tax was duly paid.

5. That plaintiff is in possession of the original note with a proper endorsement and/or allongeand is therefore, the holder of both the note and mortgage, which passes as incident to the note.

6. Pursuant to the note, Michael L. Dinaso a/k/a Michael Dinaso promised to make consecutivemonthly payments of principal and interest each month, in accordance with the terms of the note.

7. Pursuant to the terms of the mortgage, in addition to principal and interest, the mortgageecan collect and charge to the loan all amounts necessary to pay for taxes, assessments, leaseholdpayments or ground rents (if any), hazard insurance and mortgage insurance.

8. The mortgage further provides that in case of default in the payment of any principal orinterest or any other terms, covenants or conditions of the mortgage, the holder of the mortgagecould declare the entire indebtedness secured by the mortgage immediately due and payable, andthe holder of the mortgage is empowered to sell the mortgaged premises according to law.

9. Michael L. Dinaso failed to comply with the terms, covenants and conditions of said noteand mortgage by failing and omitting to pay, to the plaintiff, payments due on December 25, 2013and said default has continued for a period in excess of fifteen (15) days.

10. Pursuant to the terms of the note and mortgage, the plaintiff has elected and does hereby electto declare the entire principal balance to be due and owing.

11. That there is now due and owing to the plaintiff under said note and mortgage the principalsum of $319,885.20 with interest thereon from November 25, 2013, plus late charges if applicablepursuant to the terms of the note and advances made by the plaintiff on behalf of the defendant(s)and any other charges due and owing pursuant to the terms of the note and mortgage.

12. Plaintiff shall not be deemed to have waived, altered, released or changed the electionhereinbefore made by reason of payment after the date of commencement of this action of any orall of the defaults mentioned herein, and such election shall continue and remain effective.

13. In order to protect its security, the plaintiff may be compelled, during the pendency of thisaction, to pay sums for premiums on insurance policies, real estate taxes, assessments, water chargesand sewer rents which are or may become liens on the mortgaged premises, and other charges whichmay be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sumor sums so paid, together with interest from the date of payments, shall be added to the plaintiff'sclaim and be deemed secured by said note and mortgage and adjudged a valid lien on the mortgagedpremises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceedsof the sale of the mortgaged premises.

14. Upon information and belief all the defendants herein have or claim to have some interestin or lien upon said mortgaged premises or some part thereof which interest or lien, if any, hasaccrued subsequent to the lien of plaintiff's mortgage, or has been paid or equitably subordinated toplaintiff's mortgage, or been duly subordinated thereto. The reason for naming said defendants is setforth in "Schedule A" that is attached to this complaint.

15. That there are no pending proceedings at law or otherwise to collect or enforce said note and mortgage.

16. Plaintiff has complied with all of the provisions of Banking Law §595-a and any rulesand regulations promulgated thereunder, Banking Law §§6-1 and 6-m, if applicable.

17. Upon information and belief, plaintiff has complied with the provisions of Real PropertyActions and Proceedings Law §1304 and §1306 unless exempt from doing so.

18. That the plaintiff is now the owner and holder of the said note and mortgage securing thesame or has been delegated the authority to institute a mortgage foreclosure action by the owner andholder of the subject mortgage and note or is the holder of the note and mortgage and has beendelegated the authority to institute a mortgage foreclosure action by the owner of the note andmortgage.

19. If plaintiff is not the owner and holder of the subject note and mortgage, plaintiff has been delegated the authority to institute a mortgage foreclosure action pursuant to statute and/ordelegation of authority by the owner of the subject note and mortgage.

20. Plaintiff requests that the mortgaged premises be sold in one parcel and that if the premisesconsists of more than one parcel, plaintiff respectfully requests that the judgment of foreclosureprovide for the parcels to be sold as one parcel.

21. The sale of the mortgaged premises under foreclosure herein is subject to any state of factsthat an inspection of the premises would disclose, any state of facts an accurate survey would show,and to covenants, restrictions and easements, if any, of record affecting said mortgaged premises andany violation thereof, any equity of redemption of the United States of America to redeem thepremises within 120 days from the date of sale, prior mortgages and liens of record, if any, anyrights of tenants or persons in possession of the subject premises, and to zoning regulations andordinances of the city, town or village in which said mortgaged premises lies and any violationsthereof.

22. In the event that the plaintiff possesses any other lien(s) against the mortgaged premiseseither by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s)not be merged in plaintiff's cause(s) of action set forth in this Complaint, but that plaintiff shall bepermitted to enforce said other lien(s) and/or seek determination of priority thereof in anyindependent action(s) or proceeding(s), including, without limitation, any surplus moneyproceedings.

AS AND FOR A SECOND CAUSE OF ACTION

23. The plaintiff repeats and realleges each and every allegation contained in paragraphsdesignated 1 through 22.

24. The mortgage provides that in the event of default, the plaintiff may recover all costs,including reasonable attorneys' fees, disbursements, and allowances provided by law in bringing anyaction to protect its interest in the premises, including foreclosure of the mortgage.

WHEREFORE, the plaintiff demands judgment against the defendant(s) as follows:

a) That the defendants and all persons claiming under them or any of them, subsequentto the commencement of this action and to the filing of the Notice of Pendency of this action, maybe barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgagedpremises;

b) That the mortgaged premises be sold in one parcel according to law subject to anystate of facts an accurate survey would show, any covenants, easements, encroachments,reservations, and restrictions, violations and agreements of record, zoning regulations andordinances of the city, town, or village; wherein the premises is located, any state of facts a physicalinspection will disclose, rights of tenants and other persons in possession of the mortgaged premises,prior judgments, liens and mortgages of record and any and all rights of the United States ofAmerica to redeem the subject premises;

c) That the premises be sold in accordance with Title 28, Section 2410 of the UnitedState Code preserving all rights of redemption, if any, of the United States of America;

d) That the monies received from the sale be brought into Court and that plaintiff bepaid the amount adjudged to be due it with interest thereon to the time of such payment, togetherwith late charges, any sums paid by the plaintiff for real estate taxes, assessments, water charges andsewer rents, insurance premiums, sums expended for the protection or preservation of the property,together with attorneys' fees as demanded in the second cause of action, the costs and disbursementsof this action and any other necessary expenses to protect the lien of the mortgage to the extent thatthe amount of such monies applicable thereto will pay the same;

e) That this Court, if requested, appoint a receiver of the rents and profits of saidpremises, during the pendency of this action with the usual powers and duties;

f) That the defendant(s) obligated under the note be adjudged to pay any deficiencywhich may remain after applying all of such monies as aforesaid in accordance with the law andprovided that plaintiff have execution therefore, unless the debt has been discharged in a Bankruptcypetition or that said defendant(s) obligated under the note have been relieved of responsibility forany such deficiency;

g) That in the event plaintiff possesses any other lien(s) against said mortgaged premiseseither by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s)shall not be merged in plaintiff's cause(s) of action(s) set forth in the Complaint but that plaintiffshall be permitted to enforce said other lien(s) and/or seek determination or priority thereof in anyindependent action(s) or proceeding(s), including, without limitation, any surplus moneyproceedings;

h) That plaintiff have such other and further relief in the mortgaged premises as maybe just and equitable.

Dated: Bay Shore, New York May 15, 2015

Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP

By: Joshua ShererAttorneys for Plaintiff53 Gibson StreetBay Shore, New York 11706(631) 969-3100Our File No.: 01-075823-F00

LEGAL DESCRIPTION

ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Staten Island, County of Richmond, City and State of New York, bounded and described as follows:

STARTING at the corner formed by the intersection of the southerly side of Hylan Boulevard (100 feet wide) with the easterly side of Bedell Avenue (60 feet wide);

RUNNING THENCE North 65 degrees 48 minutes 42 seconds East, 371.53 feet to the point of beginning;

THENCE South 24 degrees 11 minutes 18 seconds East, 106.42 feet to a point on the northerly side of Lerer Lane;

THENCE easterly along the northerly side of Lerer Lane, along the arc of a curve bearing to the right, having a radius of 480.00 feet, a central angle of 05 degrees 02 minutes 16 seconds, 42.20 feet to a point;

THENCE North 24 degrees 11 minutes 18 seconds West, 102.42 feet to a point;

THENCE South 65 degrees 48 minutes 42 seconds West, 42.00 feet to the point or place of BEGINNING.

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EXHIBIT A

Schedule A

Party Name Description

Michael L. Dinaso a/k/a Michael Dinaso Obligor/Mortgagor/Owner

The Board of Directors of Page AvenueHomeowners Association, Inc.

For possible unpaid homeowner associationdues.

New York City Environmental ControlBoard

Holder of Judgment(s) against the propertybeing foreclosed herein. Said lien is moreparticularly described in Exhibit "B" annexedhereto.

New York City Parking Violations Bureau Judgment Creditor

New York City Transit AdjudicationBureau

Judgment Creditor

Block: 07780 Lot: 00044 Control No. 000431486-01 Book Type -- Lis Pendens - Docket No: Index # 136040/14 Judgment Type: FORECLOSE MORTGAGE Effective Date: 12/26/2014 Court: Supreme Court Expiration Date: 12/26/2017 Docket Date:12/26/2014 Date Received:12/29/2014 Debtor Info: DINASO, MICHAEL Creditor Info: SANTANDER BANK,N.A. Amount: $0.00 ----------------------------------------------------------------- Block: 07780 Lot: 00044 Control No. 000432603-01 Book Type -- Lis Pendens - Docket No: Index # 136040/14 Judgment Type: FORECLOSE MORTGAGE Effective Date: 01/23/2015 Court: Supreme Court Expiration Date: 01/23/2018 Docket Date:01/23/2015 Date Received:01/26/2015 Debtor Info: DINASO, MICHAEL Creditor Info: SANTANDER BANK,N.A. Amount: $0.00 ----------------------------------------------------------------- (Environmental Control Board (Fire and Building) Search Parameters- Last:dinaso First:michael DINASO MICHAEL 46 LERER LANE STATEN ISLAND, NY 10307 ECB Violation No.: 177577997 Date-01/15 Amt: $25.00 -----------------------------------------------------------------

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EXHIBIT B

CERTIFICATION BY ATTORNEY

Joshua Sherer, an attorney duly admitted to practice law before the Courts of the State ofNew York, an attorney with the firm of Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP,attorneys for the Plaintiff herein, pursuant to Uniform Rule Section 130-1.1-a, states as follows:

1. I hereby certify, under the penalty of perjury and as an officer of the Court, that, to the bestof my knowledge, information and belief, formed after an inquiry reasonable under thecircumstances, the presentation of the within paper or the contentions therein are not frivolous asdefined in subsection (c) of section 130-1.1, including that the substance of the factual statementstherein are not false.

Dated: Bay Shore, New York May 15, 2015

Frenkel, Lambert, Weiss, Weisman, & Gordon, LLP

Joshua ShererAttorneys for Plaintiff53 Gibson StreetBay Shore, New York 11706(631) 969-3100Our File No.: 01-075823-F00

Index #

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF RICHMOND=====================================================================The Bank of New York Mellon FKA The Bank of New York as Successor Indenture Trustee toJPMorgan Chase Bank, N.A., as Indenture Trustee for the CWABS Revolving Home Equity LoanTrust, Series 2004-L,

Plaintiff,

- against -

Michael L. Dinaso a/k/a Michael Dinaso, The Board of Directors of Page AvenueHomeowners Association, Inc., New York City Environmental Control Board, New YorkCity Parking Violations Bureau, New York City Transit Adjudication Bureau, and "JOHNDOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to theplaintiff, the person or parties intended being the persons or parties, if any, having orclaiming an interest in or lien upon the mortgaged premises described in the Complaint,

Defendants.

===================================================================== SUMMONS AND COMPLAINT

=====================================================================FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP

Attorneys for Plaintiff53 Gibson Street

Bay Shore, New York 11706(631) 969-3100

Fax (631) 969-3101Our File No.: 01-075823-F00

=====================================================================To

Attorney(s) for=====================================================================

Service of a copy of the within

is hereby admitted.

Dated,

Attorney(s) for=====================================================================

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF RICHMOND

------------------------------------------------------------------XThe Bank of New York Mellon FKA The Bank of NewYork as Successor Indenture Trustee to JPMorgan ChaseBank, N.A., as Indenture Trustee for the CWABSRevolving Home Equity Loan Trust, Series 2004-L

Plaintiff,

-against-

Michael L. Dinaso a/k/a Michael Dinaso, The Board ofDirectors of Page Avenue Homeowners Association, Inc.,New York City Environmental Control Board, New YorkCity Parking Violations Bureau, New York City TransitAdjudication Bureau, and "JOHN DOE #1" through "JOHNDOE #10", the last ten names being fictitious and unknownto the plaintiff, the person or parties intended being thepersons or parties, if any, having or claiming an interest inor lien upon the Mortgage premises described in theComplaint,

Defendants.------------------------------------------------------------------X

Index No.:

CERTIFICATE OF MERITPURSUANT TO CPLR 3012-b

Mortgaged Premises: 46 LererLane, Staten Island, NY 10307

1. I am an attorney at law duly licensed to practice in the state of New York and amaffiliated with the Law Firm of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP,the attorney for Plaintiff, The Bank of New York Mellon FKA The Bank of NewYork as Successor Indenture Trustee to JPMorgan Chase Bank, N.A., as IndentureTrustee for the CWABS Revolving Home Equity Loan Trust, Series 2004-L, in thisaction.

2. This residential foreclosure action involves a home loan, as such term is defined inReal Property Actions and Proceedings Law §1304. Upon information and beliefdefendant, Michael L. Dinaso is a resident of the property subject to foreclosure.

3. I have reviewed the facts of this case and reviewed pertinent documents, includingthe mortgage, security agreement and note or bond underlying the mortgage executedby defendant, all instruments of assignment (if any), and all the other instruments ofindebtedness including any modification, extension, and consolidation.

4. I have consulted about the facts of this case with the following representative ofplaintiff:

Name Title

Ann M. Krystek Assistant Vice President - Bank of America, N.A. as servicer for plaintiff

5. Upon this review and consultation, to the best of my knowledge, information andbelief, I certify that there is a reasonable basis for the commencement of this action,and that plaintiff is the creditor entitled to enforce rights under these documents.

6. Listed in Exhibit A and attached hereto are copies of the following documents nototherwise included as attachments to the summons and complaint: the mortgage,security agreement and note or bond underlying the mortgage executed by thedefendant; all instruments of assignment (if any); and any other instrument ofindebtedness, including any modification, extension and consolidation. (Check boxif no documents are attached in Exhibit A: G.)

7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting thatcertain documents as described in paragraph 6 supra are lost, whether by destruction,

theft, or otherwise. (Check box if no documents are attached in Exhibit B: :.)

8. I am aware of my obligations under New York Rules of Professional Conduct (22NYCRR Part 1200) and 22 NYCRR Part 130.

Dated: May 15, 2015 Joshua Sherer, Esq.

Index #

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF RICHMOND=====================================================================The Bank of New York Mellon FKA The Bank of New York as Successor Indenture Trustee toJPMorgan Chase Bank, N.A., as Indenture Trustee for the CWABS Revolving Home Equity LoanTrust, Series 2004-L,

Plaintiff,

- against -

Michael L. Dinaso a/k/a Michael Dinaso, The Board of Directors of Page AvenueHomeowners Association, Inc., New York City Environmental Control Board, New YorkCity Parking Violations Bureau, New York City Transit Adjudication Bureau, and "JOHNDOE #1" through "JOHN DOE #10", the last ten names being fictitious and unknown to theplaintiff, the person or parties intended being the persons or parties, if any, having orclaiming an interest in or lien upon the mortgaged premises described in the Complaint,

Defendants.

===================================================================== CERTIFICATION WITH EXHIBITS

=====================================================================FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP

Attorneys for Plaintiff53 Gibson Street

Bay Shore, New York 11706(631) 969-3100

Fax (631) 969-3101Our File No.: 01-075823-F00

=====================================================================To

Attorney(s) for=====================================================================

Service of a copy of the within

is hereby admitted.

Dated,

Attorney(s) for=====================================================================