MARI< M.

MEDDAUGH
ActinR Supreme Court Justice
Sullivan County Government
100 North Street Center
Monticello, NY 12701
(845) 807-0654/ (845) 794-8300 fax

Law Clerk
Confidential Secretary
Sandra F. Heck, Esq. Evelyn D. Grese

July 26, 2010

Steven J. Baum, P.c.

P.O. Box 1291
Buffalo, New York 14240-1291

Mr. Jeffrey Miller

108 Lakeshore Drive South
Rock Hill, New York 12775

Re: HSBC Bank, etc. v. Miller, et al.

Index No. 4786-2008
~I No. 52-28816-09

Dear Counsel and Mr. Miller:

Enclosed please find a copy of the signed Decision/Order and Order of

Cancellation of Lis Pendens; relative to the above matter. PLEASE BE ADVISED THAT
THIS IS NOT THE NOTICE OF ENTRY DATE.

The original Orders, tcgetherwith the supporting papers, have been forwarded
to the Sullivan County Clerk's office for filing.

The filing of these original documents by the Court does not relieve counsel
from the obligation to serve a copy of the documents, together with Notice of Entry,
pursuant to CPLR § 5513(a). Please contact the Sullivan County Clerk at 845-807-
0411 , to obtain the Notice of Entry date.

Very truly yours,

EVELYN D. GRESE
Confidential Secretary

Encs.
cc: Sullivan County C,eri<

,)
 At a Special Term orthc Supremc Court orthc COUllty
of Sullivan held in the County Courthousc in the
of i'vlontieello, New York on the

-Jo day01'- '~ ,20~ .

PRESENT:liON. I\lARK]\1. i\!E\)Di\UCII. ./.S.c.

STATE OF NEW '{ORK

SUPREivlE COURT: COUNTY OF SUI,UVi\N
000 o_uuou_uo ou_uuu_uuou u nn. u __ u X OR)) ER 0 F IttS{-;.{-)Nf.I-Nt.'. \ NeE ()+'
I !SI3C BANK US!\. NATIONAL ASSOCIATION. AS 7\-A=-tttr',~". CANCELLATION OF
TRUSTI:!: FOR WFf\LT 1007-1'/\02 LIS PENDENS

PlaintitT. INDEX NO.: 47SfilOH

vs. ivIORTGf\GED PREi\-lISES:

10~SOUTH Li\KESIIORI: DRIVE
JEITREY I;. 1\111.LER. nCMRD 01- ivli\Ni\CiEI{S 01- ROCK I IILL. NY 12775
Fivll:!Z;\ 1.1)G!U:EN PROPERTY O\\iNFICS
;\SSOCIATION, INC. .. IP:'vIORG:\N CHASI: BANK. SUI. !i:52.!-1-20
N.i\ ..

JOliN DOE(said name being lictitious. it being tlw

i mention or Plaint i rf 10 designate any and all occupants
of premises being foreclosed herein. and any parties.
corporations or entities. if any. having or claiming an
interest or licn upon the mortgaged premises.)

Ddendant(s).
uuuu uu_uoo • _0 O_u 0 __ u ouu_u __ X

UPON the re~lding and liling oj' tile Notice or i\/!otion dated ;\pril X. 2010. by Plaintifl's Counsel. Stevcn

.I. l~aUIn. P.t' .. :V!cgan 13. Szeliga. I:sq .. fiH' an Order Diseominuing this Action and Cancelling Lis I\:mlcns.

AN D. upon the i\rtinnal ion () r \kgan B. Szcl iga. J7sq .. dated ;\pril :-\. 20 I () ,;cUing !c)rth the h:1Sis Ii)! I he

ORDERED. that the PI;\imil'l's MOlion 10 E)i:;em.,l-itIlKwo\c1.ioll-~nd- Cmcel Lis PL~ndens. is granted ill all

rcspects: and it is fUl111cr

 ORDEIU:D. that the Counly Ckrk orSulliv:!n County is directed. upon paymenl or proper ICes. il"any. 10

cancd and discharge a ccrtain !\otiee or Pendency likd in this action on the 15th day or December. 2008 against

properly knowu as Section 52.1. lilock I. I.nt 29 and alsn knOWI! as 10S SOUTH LAKESHORE DRIVE. ROCK

HILL. NY 12775. and said Clerk is hereby din.:cted to cuter upon the margin orthe record orlhe same a )\;otiee or

Canedlat ion referring 10 this Order: ami it is fUrlher

OI{DERED. that the Ckrk nflhe County of Sullivan he servcd a copy or this Order with Notice of Entry_

·VJ~·"..{
ivl:\RK /1/7 /f"'dd:~
ivl. j\·IEDD1\lKill. J.s~
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
----------------------------------------------------------------------------}(

HSBC BANK USA, NATIONAL ASSOCIATION,

AS TRUSTEE FOR WF AL T 2007-P A02
3451 Hammond Avenue
Waterloo, La 50704-5400,

Plaintiffs, DECISION/ORDER

-against-

JEFFREY F. MILLER, BCAi.RD OF MANAGERS,

EMERALD GREEN PROPERTY OWNER'S
ASSOCIATION, INC., JP MORGAN CHASE
BANK, N.A.,

JOHN DOE, (said names being fictitious, it being

the intention of Plaintiff to designate any and all
occupants of premises being foreclosed herein,
and any parties, corporations or entities, if any,
having or claiming an interest or lien UpODthe
mortgaged premises,

Defendants.
_______________________________ a~' ••• _ •• _,. )(

Motion Return Date: May 26. 2010

RJI No. 52-28816 2009
Index No. 4786 2008

Acting Justice Mark M. Medd~}tIgh,presiding

Appearances:

Steven J. Baum, P.c.

Allorneysfor Plaintiff
220 Northpointe Parkway, Suite G
Amherst, New York 14228
By Megan B. Szeliga, Esq.

Jeffrey Miller
Defendant, Pro se
108 Lakeshore Drive South
Rock Hill, New York 12775
Meddaugh, J.:

In this action to foreclose on a mortgage, previously dismissed by Decision IOrder dated May

6,2009 for lack of standing of the Plaintiff to foreclose on the mortgage (motion to reargue denied

by Decision/Order dated October 28, 2009), Plaintiff seeks an order discontinuing the action and

cancelling the lis pendens. Defendant, Emerald Green Property Owners Association. Inc., was duly

served with the motion and did not respond. Defendant, J.P. Morgan Chase Bank, N.A., defaulted

in the action and was not served \-viththis motion. Defendant Miller, does not oppose the motion

and cross-moves for sanctions against Plaintiff for his litigation expenses incurred in defending the

lawsuit and for punitive sanctions. Plaintiff did not oppose reasonable attorney's fees and

disbursements or otherwise respond to the cross-motion.

Plaintiff s motion to discontinue is denied as moot, as the action was dismissed in its entirety

by Decision Order dated May 6, 2009. The motion to cancel the lis pendens is granted.

Defendant's cross-motion was incomplete when served on Plaintiff. In response to Plaintiff s

letter dated May 25, 20 10, stating that it did not understand the relief requested, Defendant submitted

a supplemental affidavit. Piaintiff responded by letter dated May 26, 201 0, without opposing

payment of reasonable attorney's fees and disbursements.

The Court finds that b0th Plaintiff and its attorney engaged in frivolous conduct as defined

by 22 NYCRR 130-1.1(c)(!) i'1iila!the commencement of the lawsuit was completely without merit

in law, as set forth in the May 6, 2009 and October 28, 2009 Decision/Orders of the Court, and

cannot be supported by a reasonable argument for an extension, modification or reversal of existing

law.

2
 Accordingly, the cross-motion for sanctions is granted to the extent that Defendant is

awarded costs pursuant to 22 NYCRR 130-1. 1(a), in the form ofreimbursement for his attorney's

fees and disbursements in the total sum of $1,640.00, as demonstrated by a copy of Defendant's

attorney's bill for services rendered herein. While no affidavit of services from the attorney was

provided, the Court finds that the fee billed for preparation, service and filing of an answer and a

successful motion to dismiss is reasonable for the services provided (see Matter of Freeman, 34

NY2d 1; Matter o.f Potts, 231 App Div 59, aff'd 241 NY 593); the disbursement of $140.00 is

likewise appropriate. This award of costs is hereby imposed one-half against Plaintiff and one-half

against Plaintiff's attorney, Sleven J. Baum, P.C. Payment of the award to Defendant Miller is to

be made within thirty (30) d~ys ofthe date of this Decision/Order.

Defendant has failed LO establish that punitive sanctions should be imposed and the cross-

motion is denied to that extcm.

Therefore, it is

ORDERED that the l'IioHonto cancel the lis pendens is granted and the motion is denied as

moot in all other respects as above set forth, without costs, and it is further

ORDERED that the cross-motion is granted as to reasonable attorney's fees and

disbursements and is denied in all other respects as above set forth.

This shall constitute the d~cision and order of the Court. The original Decision & Order and

all papers are being filed by thi~ Court with the Sullivan County Clerk's Office. The signing of this

order shall not constitute entry tmder CPLR 2220. Counsel are not relieved from the provisions of

that section regarding notice of entry.

o
 i\ separatc Order ofCanccllation of Lis Pendcns is signcd contemporaneollsly herewith for

tiling with the Sulli\'<ln County Ckrk.

SO ORDERED.

Dated: July~. 2010

Monticello. New York

ENTER

•.~ -" 'f ..d. d. Cu...

HO~. MARK M. MEDDAlilal

Acting SUpl"CIllC COIII·t .Justicc

Papers considered:

Notice ofiVlotion and Affirmation of iVkgan B. Szeliga. !:sq., dated April X. 20] 0: Notice of Cross-
l\·lotion and A ffiduvit oLklTn:y rviilkr dated iVlay 19.2010. Supph:mcntal i\flidavit aLlef/j·cy Ivlil kr
dated j\'lay 20. 20] 0: letters of \ L.:gan B. Szeliga. Esq .. dakd rvlay 25.201 () and ivlay 2(). 2010: letter
..
dated j\,Jav 26. 20 I 0 0 f.le Ilre\ :\.'IilieI'.

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