EXHIBIT(S) - A - The preparation of the fraudulent Notice of Entry Doc. 304 by the attorneys of the Plaintiff constitutes fraud, for which the attorneys should be disbarred and sanctioned by the Court. June 04, 2024 (2024)

On July 06, 2015 aExhibit,Appendixwas filedinvolving a dispute betweenFederal National Mortgage Association,Hsbc Bank Usa, N.A.,andDeborah A Buczek,Erie County Department Of Social Services,John Does And Jane Does, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises And Corporations, Other Entities Or Persons Who Have Claim Or May Claim A Lien Against, Or Other Interest In The Premises,Keybank National Association,for Foreclosure (residential mortgage)in the District Court of Erie County.

 
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 FILED: ERIE COUNTY CLERK 06/04/2024 04:27 PM INDEX NO. 808135/2015NYSCEF DOC. NO. 320 RECEIVED NYSCEF: 06/04/2024 Exhibit (A)FILED : ERIEFILED: COUNTYCLERK ERIE COUNTY 03/27 /202 4 04:27 CLERK 06/04/2024 04 : 22 PM PM) INDEX NO. INDEX 808135/2015 NO. 808135/2015 NYSCEFDOC.NYSCEF DOC. NO. 311 NO. 320 RECEIVEDNYSCEF: RECEIVED NYSCEF: 06/04/2024 03/27/2024 Supreme Court of The State of NewYork County of Erie HSBSBANKUSA, N.A., Plaintiff, Index No. 808135/2015 -against- NOTICE OFMOTION Deborah A Buczek, et.al., Defendant's NOTICE OFMOTIONTO STRIKE Returnable DATE. TIME & PLACE June 28,2024 at 2PM Hon. Emilio Colaiacovo, J.S.C. 92 Franklin Street-Part 4 Buffalo, NewYork 14202 RELIEF REOUESTED: ORDER granting motion to Strike Doc .302 SUPPORTINGPAPERS: NOTICEcomplied with the requirements of New York State Law and NewYork CPLR3126, CPLR 2103(b)(1) to (6) and NYCRR202.5-b[f][2][ii] Exhibit (A) Notice of entry of March 1,2024 Exhibit (B) Transcripts USDCWDNYCase 16- CV-268 (WMS-MJR) case still pending Exhibit (C) Lawsuit for Million in Multistate Agreement with Mortgage Servicer Nationstar TYPE OFACTION: lackof Standing pursuant to NYRPALSection 1302 -a, CPLR3126 and 22 NYCRR202.5-b[h][2] ANSWERING PAPERS: Pursuant to CPLR3126, answering papers, if any, are tobe served seven (7) days Dated: March 27 ,2024 By: Deborah A. Buczek 1 1 of 2 ERIE COUNTYFILED: ERIEFILED: COUNTYCLERK 03/27/2024 04:27 CLERK 06/04/2024 04:22 PM Pl INDEX NO. INDEX 8 0 8135/2015 NO. 808135/2015 NYSCEFDOC.NYSCEF DOC. NO. 311 NO. 320 RECEIVEDNYSCEF: RECEIVED NYSCEF: 06/04/2024 03/27/2024 CC: LOGSLegal Group l est. 1989 Rochester, NY|585.247.9000 Attorney Contact: John DiCaro 175 Mile Crossing Blvd. Rochester, NY 14624 Thomas Kubiniec, Esq. Attorney for Defendant: Erie County Department of Social Services 95 Franklin Street, Room746 Buffalo, NY 14202 Fein Such & Crane, LLP Attorney for Defendant: Keybank National Association 28 East Main Street Suite 1800 Rochester, NY 14614 DAVID P. CASE- cased@feinsuchcrane.com DEBORAH M. GALLO dgallo@friedmanvartolo.com (848) 668-4075 MELISSA S. KUBIT - mkubit@rosicki.com Deborah and Melissa formerly indicted by the federal government for foreclosure fraud, both attorneys have been removed from the record. Defendants Admit and Accept Responsibility for Their Conduct and Will Pay More Than $6 Million in Total to Resolve Claims-Rosicki Law Firm Admit and Accept Responsibility for Their Conduct and Will Pay More Than $6 Million in Total to Resolve Claims Jennifer Persico, Esq. 50 Fountain Plaza Suite 1700 Buffalo, NewYork 14202 JENNIFERC. PERSICO- inersico@lippes.com Served by the E filing system for the State ofNew York 2 2 of 2FILED: ERIE COUNTYFILED: ERIE COUNTYCLERK 03/27/2024 04:27 CLERK 06/04/2024 04 : 22 PM PM| INDEX NO. INDEX 808135/2015 NO. 808135/2015NYSCEFDOC.NYSCEF DOC. NO. 312 NO. 320 RECEIVED NYSCEF: 06/04/2024 RECEIVED NYSCEF: 03/27/2024 Supreme Court of The State of New York County of Erie HSBSBANKUSA, N.A., Plaintiff, Index No. 808135/2015 -against- Judge: Emilio Colaiacovo Deborah A Buczek, et.al., Defendant's AFFIRMATION ANDMOTIONTOSTRIKE IMPROPERNOTICE OF ENTRYFORDOC. (304) COMES Nowthe Defendant, Deborah Ann Buczek, appearing pro se, and respectfully files this MOTIONTO STRIKE the Plaintiff's Notice of Entry Doc. 304 filed with this Court on March 1, 2024, upon the basis of fraudulent misrepresentation, and the fact that the party awarded judgment on the foregoing case is not the true party of interest filing the Notice of Entry. See Doc.304 See Exhibit (A)-PROCEDURALHISTORY In support of this MOTIONTO STRIKE, the Defendant submits the following for the consideration of this honorable Court: 1. A written notice that a prevailing part3 prov ides other parties to alert them that an order or judgment has been entered in a New York state court. Service of the notice of entry triggers the time a party has to appeal or. in some courts. move for reargument (Civil Practice Law and Rules (CPLR) 2221(d)(3) and 5513(b): N.Y. Ct. R. 4 1000.13(p)(1)). I he notice of entry must state exactly when and by whomthe order or judgment was entered. and if it describes the judgment or order. the description must be accurate (93 Siegel's Practice Revien 3). An incorrect date of entry is a material defect 1 1 of 5FILED : ERIEFILED: COUNTYCLERK ERIE COUNTY 03/27/2024 04:27 CLERK 06/04/2024 04 : 22 PM PM| INDEX NO. INDEX 808135/2015 NO. 808135/2015NYSCEFDOC.NYSCEF DOC. NO. 312 NO. 320 RECEIVED NYSCEF: 06/04/2024 RECEIVED NYSCEF: 03/27/2024 that renders a notice of entry loid. I or more information on notice of entry in NewYork. see Standard Document, Notice of Entry Doc. 304 (NY). 2. NYCRR 202.5-blf|l2lliil Subdivision (h)(2), which appears in a subsection entitled "Entry of Orders and Entry," Judgments and Notice of provides, in relevant part: "[a] party may serve [an order or judgment and written notice of its entry| electronically by liling them with the NYSCEFsite and thus causing transmission by the site of notification of receipt of the documents, which shall constitute service . . . by the tiler. In the alternative, a party may serve a copy of the order or judgment and written notice of its entry in hard copy by any method set forth in CPLR2103(b)(1) to (6). If service is made in hard copy by any such method and a copy of the order or judgment and notice of its entry and proof of such hard copy service are thereafter filed with the NYSCEFsite, transmission by NYSCEFof notification of receipt of those documents shall not constitute additional service of the sent" notice of entry on the parties to whomthe notification is (22 NYCRR202.5-b[h][2] lemphasis added j). 3. The party filing the Notice of Entry is not the true party awarded the Summary Judgment by the Court. 4. The Notice of Entry of fraudulent upon its face. See Doc. 304 5. The Notice of entry is untimely. See Doc. 304 6. The Notice of Entry liled by the PlaintilTs. based upon the facts stated above, constitutes a fraud upon this Court. Doc. 304 2 2 of 5FILED : ERIEFILED: ERIE COUNTY COUNTYCLERK 03/27/2024 04:27 CLERK 06/04/2024 04 : 22 PM PM| INDEX NO. INDEX NO. 808135/2015 808135/2015NYSCEFDOC.NYSCEF DOC. NO. 312 NO. 320 RECEIVED NYSCEF: 06/04/2024 RECEIVED NYSCEF: 03/27/2024 7. The preparation of the fraudulent Notice of Entry Doc. 304 by the attorneys of the Plaintiff constitutes fraud, for which the attorneys should be disbarred and sanctioned by the Court. 8. Acceptance by ANYCourt of the Notice of Entry Doc. 304 would constitute an abuse of discretion and a violation of due process under the Constitution of the United States and the State of NewYork. 9. The Notice of Entry Doc. 304states a different Plaintiff awarded in the Summary Judgement than the actual party awarded the Summary Judgement by the Court at the time Summary Judgment was awarded. 10. The Notice of Entry Doc. 304 is made by a party that is not a party to the action named in the Complaint. 11. The Notice of Entry Doc.304 is made by a party that is ng the holder of the Note and Mortgage pursuant to a review of the public records and recording of the liens in the Erie County Register's Office. 12. Motion to strike will be granted where it is shown that parts of the complaint are improper and prejudicial. See English v. Genovese N.Y. Sup. February 23, 1966267 N.Y.S.2d 283 and Schierenbeck v. John Krauss, Inc. Sup., 104 N.Y.S.2d 180. afTd 278 App.Div. 856, 105 N.Y.S.2d 360. CONCLUSION Based upon the foregoing. this Court should strike the fraudulent Notice of Entry as a matter of law and fact. and in the interests ofjustice. 3 3 of 5 COUNTYCLERK ERIE COUNTY 03/27/2024 04:27 04 : 22 PM INDEX NO. 808135/2015 NO. 808135/2015FILED : ERIEFILED: CLERK 06/04/2024 PM| INDEXNYSCEFDOC.NYSCEF DOC. NO. 312 NO. 320 RECEIVED NYSCEF: RECEIVED NYSCEF: 06/04/2024 03/27/2024 CC: All papers have been done by Adobe .pdf format have been filed electronically by consent of all parties. FNMAis a non-party aka the Federal National Mortgage association which once again has still not filed a suit this matter. in This case is a New York State Courts Electronic Filing System (NYSCEF)e-filed case. Service by Efiling to the Following below LOGSLegal Group | est. 1989 Rochester, NY | 585.247.9000 Attorney Contact: John DiCaro 175 Mile Crossing Bhd. Rochester. New York 14624 JOHNANDREW DI CARO(Registration #1825710) is an attorney in Rochester admitted in NewYork State in 1982, registered with the Office of Court Administration (OCA) of NewYork State Unified Court System. The employer is LOGSLEGAL GROUP,LLP. The attorney graduated from SUNYAT BUFFALO. The registered office tocation is at 175 Mile Crossing Blvd, Rochester, NY14624-6249, with contact phone number (585) 247-9000. The current status of the attorney is Due to reregister within 30 days. Attorney Contact: Shari Seltzer Barak Fannie Mae Investor Relations Attn: Equity Inquiries 1 100 15th Street NW Washington. D.C. 20005 Transfer Agent Computershare Trust Company, N.A. Fannie Mae Shareholder Sen ices P.O. BOX30170 College Station. TX 77842-3170 Hon. Emilio Colaiacovo, J.S.C Law Clerk: Jorge S. deRosas, Esq. 92 Franklin Street Part 4 716-845-9475 Buffalo, NewYork 14202 716-845-9474 Fax: 716-845-5165 5 5 of 5