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Real Property: Foreclosure | New York Northern
Default Judgment
MOTION for Default Judgment as to Marcello J. Fazio a/k/a Marcello Fazio; Albany Medical Center Hospital; The People of the State of New York and New York State Department of Taxation and Finance filed by Onity Mortgage Corporation. Motion returnable before Judge Anthony J. Brindisi Response to Motion due by 9/10/2026. Reply to Response to Motion due by 9/17/2026 (Attachments: # 1 Proposed Order/Judgment Order Granting Default Judgment, # 2 Declaration Declaration in Support, # 3 Memorandum of Law Plaintiff's Memorandum of Law, # 4 Statement of Material Facts Statement of Damages, # 5 Affidavit Affirmation of Indebtedness of Juliana Thurab, # 6 Exhibit(s) A - Foreclosure Title Certificate Confirming the Property's Single Tax Map Lot, # 7 Exhibit(s) B - Note (Please see DE#1, Attachment 3), # 8 Exhibit(s) C - Mortgage (Please see DE#1, Attachment 4) and Loan Modification Agreements (Please see DE#1, Attachment 6), # 9 Exhibit(s) D - Assignment of Mortgage (Please see DE#1, Attachment 5), # 10 Exhibit(s) E - Notice of Default, # 11 Exhibit(s) F - RPAPL 1304 90 Day Notices & RPAPL 1306 Proof of Filing Statements (Please see DE#1, Attachment 7), # 12 Exhibit(s) G - Intentionally Left Blank, # 13 Exhibit(s) H - Complaint (Please see DE#1), Certificate of Merit (DE#1, Attachment 10, Parts 1-3) & Summons (Please see DE#3), # 14 Exhibit(s) I - Notice of Pendency, # 15 Exhibit(s) J - Affidavits of Service (Please see DE#5-8), # 16 Exhibit(s) K - Plaintiff's Request for Entry of Default (Please see DE#15) and Declaration of Mailing for Plaintiff's Request for Entry of Default (DE#15, Attachment 1), # 17 Exhibit(s) L - Clerk's Entry of Default with Declaration of Mailing, # 18 Exhibit(s) M - Bill of Costs, # 19 Exhibit(s) N - True and Correct Copy of the Merger Documents and Corporate Name Change Document, # 20 Exhibit(s) O - Intentionally Left Blank, # 21 Exhibit(s) P - True and C... (truncated)
Order
TEXT ORDER: The Court is in receipt of the Status Report filed by Counsel at DKT # 20 . Any motion for a default judgment against Albany Medical Center Hospital, The People of the State of New York, and New York State Department of Taxation and Finance, pursuant to Rule 55(b) and Local Rule 55.2, must be made on or before 9/21/2026. Plaintiffs must attach a memorandum of law pursuant to Local Rule 7.1 and a proposed order to the moving papers and are directed to serve a copy of the moving papers via regular mail upon Defendants and file a certificate of service of same. If Plaintiffs do not file a timely motion for default judgment, they are directed to file another status report. Additionally, Plaintiff and Defendant Fazio are directed to file a JOINT Status Report on the status of their efforts to resolve this action. SO ORDERED by U.S. District Judge Anthony J. Brindisi on 8/20/2026. (ztc)
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