CitiMortgage, Inc., Plaintiff,

against

Angela Nunez, et. al., Defendant.

In this foreclosure action, plaintiff, CITMORTGAGE, INC. (CITI), moved for summary judgment and an order of reference for the premises located at 38 Norwood Avenue, Brooklyn, New York (Block 3905, Lot 28, County of Kings). On October 25, 2010, the case was on my motion calendar for oral arguments. The matter was adjourned, pursuant to a short form order, on consent to today. Plaintiff CITI’s counsel agreed to file the affirmation required by the Chief Administrative Judge for foreclosure cases, as per the October 20, 2010 Administrative Order. Plaintiff’s counsel informed the Court, today, that he did not have the affirmation because CITI did not have in place, prior to November 8, 2010, procedures to comply with the Administrative Order of Chief Administrative Judge Ann T. Pfau. The Court does not work for CITI and cannot wait for CITI, a multi-billion dollar financial behemoth to get its “act” together. [*2]

Therefore, to prevent the waste of judicial resources, the instant foreclosure action is dismissed without prejudice. If plaintiff chooses to move to restore the instant action and motion, plaintiff’s counsel must comply with the new Rule, promulgated by the Chief Administrative Judge on October 20, 2010, requiring an affirmation by plaintiff’s counsel that he communicated on a specific date with a named representative or representatives of plaintiff CITI, who informed him that he or she:

(a) has personally reviewed plaintiff’s documents and records relating

to this case for factual accuracy; and (b) confirmed the factual

accuracy of the allegations set forth in the Complaint and any

supporting affirmations filed with the Court as well as the accuracy

of the notarizations contained in the supporting documents filed

therewith.

Further, plaintiff’s counsel, based upon his or her communication with plaintiff’s representative or representatives, “as well as upon my own inspection and reasonable inquiry under the circumstances, . . . affirm that, to the best of my knowledge, information, and belief, the Summons, Complaint and other papers filed or submitted to the Court in this matter contain no false statements of fact or law.”

Conclusion

Accordingly, it is

ORDERED, that the instant motion of plaintiff CITIMORTGAGE, INC. for summary judgment and an order of reference for the premises at 38 Norwood Avenue, Brooklyn, New [*4]York (Block 3905, Lot 28, County of Kings) is denied; and it is further

ORDERED, that the instant action, Index Number 2558/09, is dismissed without prejudice; and it is further

ORDERED, that the notice of pendency in the instant action, filed with the Kings County Clerk on February 2, 2009, by plaintiff, CITIMORTGAGE, INC., to foreclose a mortgage for real property located at 38 Norwood Avenue, Brooklyn, New York (Block 3905, Lot 28, County of Kings), is cancelled; and it is further

ORDERED, that if plaintiff, CITIMORTGAGE, INC., moves to restore the instant foreclosure action and motion for an order of reference for real property located at 38 Norwood Avenue, Brooklyn, New York (Block 3905, Lot 28, County of Kings), counsel for plaintiff must comply with the new Court filing requirement, announced by Chief Judge Jonathan Lippman on October 20, 2010, and ordered by Chief Administrative Judge Ann T. Pfau on October 20, 2010, by submitting an affirmation, using the new standard Court form, pursuant to CPLR Rule 2106 and under the penalties of perjury, that counsel for plaintiff, CITIMORTGAGE, INC.: has “based upon my communications [with named representative or representatives of plaintiff], as well as upon my own inspection and reasonable inquiry under the circumstances, . . .that, to the best of my knowledge, information, and belief, the Summons, Complaint and other papers filed or submitted to the Court in this matter contain no false statements of fact or law”; and, is “aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.”

This constitutes the Decision and Order of the Court.

ENTER

________________________________HON. ARTHUR M. SCHACK

J.S.C.

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4closureFraud.org

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CitiMortgage, Inc., Plaintiff,  against Angela Nunez, et. al., Defendant.