Preview
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
EXHIBIT M
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
•X Index# 15816/2010
HSBC MORTGAGE CORPORATION USA,
Plaintiff,
-against-
NOTICE OF
SAEID TEHRANI, SHAHLA TEHRANI, A/K/A APPEAL
SHAHLE TEHRANI, HSBC MORTGAGE
CORPORATION (USA), BPD BANK,
MANHEIM AUTOMOTIVE FINANCIAL SERVICES
"JOHN DOE #1-5" and "JOHN DOE #1-5" said names
being fictitious, it being the intention of Plaintiff to
designate any and all occupants, tenants, persons or
corporations, if any, having or claiming an interest in or lien
upon the premises being foreclosed herein,
Defendants.
X
PLEASE TAKE NOTICE that the Defendant, SAEID TEHRANI, by his attorney,
Warshaw Burstein, LLP, hereby appeals to the Appellate Division of the Supreme Court of the
State of New York, Second Judicial Department from each and every part of the order of the
Supreme Court, Nassau County entered on January 25, 2019.
Legal Issues:
1. Whether the lower court erred in denying Defendant Saeid Tehrani's motion to dismiss
this action pursuant to CPLR 3216 for want of prosecution.
Dated: New York, NY
April 30, 2019
j ddXAAAA.VlU
Pahkaj Malik, Esq. [
Warshaw Burstein, LLP
Attorneyfor Defendant Saeid Tehrani
555 Fifth Avenue, 1 1th Floor
New York, NY 10017
Tel: (212) 984-7700
Fax: (212) 972-9150
{1109118.1}
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
To: Friedman Vartolo LLP
Attorneys for Plaintiff
85 Broad Street, Suite 501
New York, New York 10004
T: (212) 471-5100
Emouna & Mikhail, P.C.
Attorneys for Defendant Shahla Tehrani
1 1 0 Old Country Road, Suite 3
Mineola, New York 1 1501
Danzig, Fishman & Decca
Attorneys for Defendant Manheim Financial Services, Inc.
One North Broadway, Suite 1202
White Plains, New York 10601
Anthony DiPaolo, P.C.
Attorneys for Defendant HSBC Mortgage Corporation (USA)
235-07 Braddock Avenue
Queens Village, New York 1 1428
Feldman & Associates PLLC
Attorneys for Defendant BPD Bank
33 East 33rd Street, Suite 802
New York, New York 10016
{1109118.1 }
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
Supreme Court of ti\z Btutz of Nrtu fork
Appellate Stutoton: Second Juiitrial lepartment
Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil
Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance
show cause by which the matter was or is to be commenced, or as amended.
HSBC MORTGAGE
Date Notice of Appeal Filed
- against -
SAEID TEHRANI, SHAHLA TEHRANI, A/K/A SHAHLE TEHRANI, HSBC MORTGAGE
CORPORATION (USA), BPD BANK, MANHEIM AUTOMOTIVE FINANCIAL SERVICES, "JOHN DOE For Appellate Division
#1-5" and "JOHN DOE #1-5"
Case Type Filing Type
B Civil Action CPLR article 78 Proceeding H Appeal Transferred Proceeding
Special Proceeding Other D Original Proceedings CPLR Article 78
CPLR article 75 Arbitration
CPLR Article 78 Executive Law § 298
Habeas Corpus Proceeding
Eminent Domain CPLR 5704 Review
lU Labor Law 220 or 220-b
Public Officers Law § 36
Real Property Tax Law § 1278
Nature of Suit: Check up to three of the following categories which best reflect the nature of the case.
Administrative Review Business Relationships Commercial Contracts
Declaratory Judgment Domestic Relations Election Law Estate Matters
Family Court B Mortgage Foreclosure Miscellaneous Prisoner Discipline & Parole
Real Property Statutory Taxation Torts
(other than foreclosure)
Informational Statement - Civil
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
Appeal
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
Amended Decree Determination B Order Resettled Order
Amended Judgement Finding Order & Judgment Ruling
Amended Order Interlocutory Decree Partial Decree Other (specify):
Decision Interlocutory Judgment Resettled Decree
Decree Judgment Resettled Judgment
Court: Supreme Court County: Nassau
Dated: 01/24/19 Entered: 01/25/19
Judge (name in full): Thomas A. Adams Index No.: 15816/2010
Stage: B Interlocutory Final Post-Final Trial: Yes B No If Yes: Jury Non-Jury
Prior Unperfected Appeal and Related Case Information
Are any appeals arising in the same action or proceeding currently pending in the court? Yes No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Original Proceeding
Commenced by: Order to Show Cause Notice of Petition Writ of Habeas Corpus [Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Proceeding Transferred Pursuant to CPLR 7804(g)
Court: Choose Court County: Choose County
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: Choose Court County: Choose Countv
Judge (name in full): Dated:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
Appeal from each and every part of the order of the Supreme Court, Nassau County, dated January 24, 2019 and entered on January 25,
201 9, denying the motion of Defendant Saeid Tehrani to dismiss the action for want of prosecution pursuant to CPLR 321 6.
Informational Statement - Civil
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds
for reversal, or modification to be advanced and the specific relief sought on appeal.
1. Whether the lower court erred in denying Defendant Saeid Tehrani's motion to dismiss this action pursuant to CPLR 321 6 for want of
prosecution.
Party Information
Instructions: in the
Fill name of each party to the action or proceeding, one name per line. If this form is tobe filed for an
appeal, indicate the status of the party inthe court of original instance and his,her, or itsstatus in this court, ifany. If this
form is to be filed for a proceeding commenced in this court, fillinonly the party's name and his, her, or itsstatus in this
court.
No. Party Name Original Status Appellate Division Status
1 HSBC MORTGAGE Plaintiff Respondent
SAEID TEHRANI Defendant Appellant
2
3 SHALHLA TEHRANI Defendant None
4 HSBC MORTGAGE CORPORATION (USA) Defendant None
5 BPD BANK Defendant None
MANHEIM AUTOMOTIVE FINANCIAL SERVICES Defendant None
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Informational Statement - Civil
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
Attorney Information
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
himself, the box marked "Pro Se" must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name: Friedman Vartolo LLP
Address: 85 Broad Street, Suite 501
City: New york State: NY Zip: 10004 Telephone No: 212.471.5100
E-mail Address: dseibert@friedmanvartolo.com
Attorney Type: 8 Retained Assigned Government ProSe Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 1
Attorney/Firm Name: Warshaw Burstein, LLP
Address: 555 Fifth Avenue
City: New York State: NY Zip: 10017 Telephone No: 212.984.7700
E-mail Address: pmalik0109@gmail.com
Attorney Type: 8 Retained Assigned Government ProSe Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 2
Attorney/Firm Name: Emouna & Mikhail, P.C.
Address:110 Old Country Road, Suite 3
City:Mineola State: New York Zip: 11501 Telephone No:516.877.9111
E-mail Address:
Attorney Type: 8 Retained Assigned Government ProSe Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 3
Attorney/Firm Name: Anthony DiPaolo, P.O.
Address:235-07 Braddock Avenue
City:Queens Village State: New York Zip: 1 1428 Telephone No:718.989.8800
E-mail Address:
Attorney Type: 8 Retained Assigned Government ProSe Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 4
Attorney/Firm Name: Feldman & Associates PLLC
Address: 33 East 33rd Street, Suite 802
City: New York State: New York Zip: 1 001 6 Telephone No:212.685.2277
E-mail Address:
Attorney Type: Retained Assigned Government ProSe Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 5
Attorney/Firm Name: Danzig, Fishman & Decca
Address: One North Broadway, Suite 1202
City: White Plains State: New York Zip: 10601 Telephone No: 914.285.1400
E-mail Address:
Attorney Type: Retained Assigned Government ProSe Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 6
Informational Statement - Civil
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
Nassau County
Maureen OConnell
County Clerk
Mineola, NY 11501
63 2019 000 6773
Ref ID#: IN 10-015816 Instrument Number: 2018- 0001 6773
As
C33 - ORDER
Recorded On; January 25, 201 9
Parties:HSBC MORTGAGE CORPORATION USA
TO SAEID TEHRAN! Num Of Pages:
Recorded By; COURT Comment:
"" Examined and Charged as Follows: Da
C33 - ORDER 0.00
Recording Charge: 0.00
*• THIS PAGE IS PART OF THE INSTRUMENT "*
I hereby certify that the within and foregoing was recorded in the Clerk's Office For:
Nassau County, NY
File Information: Record and Return To:
Document Number: 2019- 00016773
Receipt Number: 1 349593
Recorded DatefTime: January 25. 2019 11:16:09A
Book-Vol/Pg:
Cashier / Station:OAO / NCCL-JCQVBP1
mma
*8
w s
©HoirR Kfi!aBtuiEr
rVC!
'i •- . -'I
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X Index# 15816/2010
HSBC MORTGAGE CORPORATION USA,
Plaintiff,
-against-
AFFIDAVIT OF SERVICE
SAEID TEHRANI, SHAHLA TEHRANI, A/K/A
SHAHLE TEHRANI, HSBC MORTGAGE
CORPORATION (USA), BPD BANK, MANHEIM
AUTOMOTIVE FINANCIAL SERVICES "JOHN
DOE #1-5" and "JOHN DOE #1-5" said names
being fictitious, it being the intention of Plaintiff to
designate any and all occupants, tenants, persons or
corporations, if any, having or claiming an interest in or lien
upon the premises being foreclosed herein,
Defendants.
X
STATE OF NEW YORK, COUNTY OF QUEENS, ss:
Kimberly Johnson, being duly sworn says: I am not a party to the action, am over 18 years of age
and reside in Queens, NY. On April 30,2019, I served a copy of the Notice of Appeal and
Informational Statement in the following manner:
Service by By mailing the same in a sealed envelope, with postage prepaid thereon,
Regular Mail in a post-office or official depository of the U.S. Postal Service within
the State of New York, addressed to the last known address of the
addressee(s) as indicated below:
Personal Service By delivering the same personally to the persons and at the addresses
Service By Other indicated below:
Electronic Means By transmitting the same to the attorney by electronic means to the
telephone number or other station or limitation designated by the
attorney for that puipose. In doing so I received a signal from the
equipment of the attorney indicating that the transmission was received,
and mailed a copy of same to that attorney, in a sealed envelope, with
postage prepaid thereon in a post-office of official depository of the U.S.
Postal Service within the State of New York, addressed to the last known
address of the addressee(s) as indicated below:
Overnight Service By depositing the same with an overnight delivery service in a wrapper
properly addressed. Said delivery was made Delivery prior to the latest
time designated by the overnight delivery service for overnight delivery.
The address and delivery service are indicated below:
{1109118.1 }
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
To: Friedman Vartolo LLP
Attorneys for Plaintiff
85 Broad Street, Suite 501
New York, New York 10004
T: (212) 471-5100
Emouna & Mikhail, P.C.
Attorneys for Defendant Shahla Tehrani
1 10 Old Country Road, Suite 3
Mineola, New York 11501
Danzig, Fishman & Decca
Attorneys for Defendant Manheim Financial Services, Inc.
One North Broadway, Suite 1202
White Plains, New York 10601
Anthony DiPaolo, P.C.
Attorneys for Defendant F1SBC Mortgage Corporation (USA)
235-07 Braddock Avenue
Queens Village, New York 1 1428
Feldman & Associates PLLC
Attorneys for Defendant BPD Bank
33 East 33rd Street, Suite 802
New York, New York 10016
Sworn to before me on the 30th day of April, 201 9.
-
_
QlAA AAAMz
/
otary Public
PANKAJ MALIK
NOTARY PUBLIC-STATE OE NEW YORK
No. 02MA5028786
Qualified In Queens County
My Commission Expires June 06, 20 2.2-
{1109118.1 }
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X Index# 15816/2010
HSBC MORTGAGE CORPORATION USA,
Plaintiff,
-against-
SAEID TEHRANI, SHAHLA TEHRANI, A/K/A
SHAHLE TEHRANI, HSBC MORTGAGE
CORPORATION (USA), BPD BANK,
MANHEIM AUTOMOTIVE FINANCIAL SERVICES '
"JOHN DOE #1-5" and "JOHN DOE #1-5" said names
being fictitious, it being the intention of Plaintiff to
designate any and all occupants, tenants, persons or
corporations, if any, having or claiming an interest in or lien
upon the premises being foreclosed herein,
Defendants.
X
NOTICE OF APPEAL
WARSHAW BURSTEIN, LLP
555 Fifth Avenue
New York, NY 10017
TEL: (212) 984-7700
Fax: (212) 972-9150
CERTIFICATION pursuant to 22 NYCRR 130-1.1,
Dated: April 30,-2019
Signature:
To: Friedman Vartolo LLP Anthony DiPaolo, P.C.
Attorneys for Plaintiff Attorneys for Defendant HSBC Mortgage Corporation (USA)
85 Broad Street, Suite 501 235-07 Braddock Avenue
New York, New York 10004 Queens Village, New York 1 1428
T: (212)471-5100
Emouna & Mikhail, P.C. Feldman & Associates PLLC
Attorneys for Defendant Shahla Tehrani
Attorneys for Defendant BPD Bank
110 Old Country Road, Suite 3
33 East 33rd Street, Suite 802
Mineola, New York 11501 New York, New York 10016
Danzig, Fishman & Decca
Attorneys for Defendant Manheim Financial Services, Inc.
One North Broadway, Suite 1202
White Plains, New York 10601
Service of a copy of the within
is hereby admitted.
{1109112.1}
Preview
FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 EXHIBIT M FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU •X Index# 15816/2010 HSBC MORTGAGE CORPORATION USA, Plaintiff, -against- NOTICE OF SAEID TEHRANI, SHAHLA TEHRANI, A/K/A APPEAL SHAHLE TEHRANI, HSBC MORTGAGE CORPORATION (USA), BPD BANK, MANHEIM AUTOMOTIVE FINANCIAL SERVICES "JOHN DOE #1-5" and "JOHN DOE #1-5" said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. X PLEASE TAKE NOTICE that the Defendant, SAEID TEHRANI, by his attorney, Warshaw Burstein, LLP, hereby appeals to the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department from each and every part of the order of the Supreme Court, Nassau County entered on January 25, 2019. Legal Issues: 1. Whether the lower court erred in denying Defendant Saeid Tehrani's motion to dismiss this action pursuant to CPLR 3216 for want of prosecution. Dated: New York, NY April 30, 2019 j ddXAAAA.VlU Pahkaj Malik, Esq. [ Warshaw Burstein, LLP Attorneyfor Defendant Saeid Tehrani 555 Fifth Avenue, 1 1th Floor New York, NY 10017 Tel: (212) 984-7700 Fax: (212) 972-9150 {1109118.1} FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 To: Friedman Vartolo LLP Attorneys for Plaintiff 85 Broad Street, Suite 501 New York, New York 10004 T: (212) 471-5100 Emouna & Mikhail, P.C. Attorneys for Defendant Shahla Tehrani 1 1 0 Old Country Road, Suite 3 Mineola, New York 1 1501 Danzig, Fishman & Decca Attorneys for Defendant Manheim Financial Services, Inc. One North Broadway, Suite 1202 White Plains, New York 10601 Anthony DiPaolo, P.C. Attorneys for Defendant HSBC Mortgage Corporation (USA) 235-07 Braddock Avenue Queens Village, New York 1 1428 Feldman & Associates PLLC Attorneys for Defendant BPD Bank 33 East 33rd Street, Suite 802 New York, New York 10016 {1109118.1 } FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 Supreme Court of ti\z Btutz of Nrtu fork Appellate Stutoton: Second Juiitrial lepartment Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance show cause by which the matter was or is to be commenced, or as amended. HSBC MORTGAGE Date Notice of Appeal Filed - against - SAEID TEHRANI, SHAHLA TEHRANI, A/K/A SHAHLE TEHRANI, HSBC MORTGAGE CORPORATION (USA), BPD BANK, MANHEIM AUTOMOTIVE FINANCIAL SERVICES, "JOHN DOE For Appellate Division #1-5" and "JOHN DOE #1-5" Case Type Filing Type B Civil Action CPLR article 78 Proceeding H Appeal Transferred Proceeding Special Proceeding Other D Original Proceedings CPLR Article 78 CPLR article 75 Arbitration CPLR Article 78 Executive Law § 298 Habeas Corpus Proceeding Eminent Domain CPLR 5704 Review lU Labor Law 220 or 220-b Public Officers Law § 36 Real Property Tax Law § 1278 Nature of Suit: Check up to three of the following categories which best reflect the nature of the case. Administrative Review Business Relationships Commercial Contracts Declaratory Judgment Domestic Relations Election Law Estate Matters Family Court B Mortgage Foreclosure Miscellaneous Prisoner Discipline & Parole Real Property Statutory Taxation Torts (other than foreclosure) Informational Statement - Civil FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 Appeal Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. Amended Decree Determination B Order Resettled Order Amended Judgement Finding Order & Judgment Ruling Amended Order Interlocutory Decree Partial Decree Other (specify): Decision Interlocutory Judgment Resettled Decree Decree Judgment Resettled Judgment Court: Supreme Court County: Nassau Dated: 01/24/19 Entered: 01/25/19 Judge (name in full): Thomas A. Adams Index No.: 15816/2010 Stage: B Interlocutory Final Post-Final Trial: Yes B No If Yes: Jury Non-Jury Prior Unperfected Appeal and Related Case Information Are any appeals arising in the same action or proceeding currently pending in the court? Yes No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Original Proceeding Commenced by: Order to Show Cause Notice of Petition Writ of Habeas Corpus [Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Court: Choose Court County: Choose County Judge (name in full): Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: Choose Court County: Choose Countv Judge (name in full): Dated: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. Appeal from each and every part of the order of the Supreme Court, Nassau County, dated January 24, 2019 and entered on January 25, 201 9, denying the motion of Defendant Saeid Tehrani to dismiss the action for want of prosecution pursuant to CPLR 321 6. Informational Statement - Civil FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds for reversal, or modification to be advanced and the specific relief sought on appeal. 1. Whether the lower court erred in denying Defendant Saeid Tehrani's motion to dismiss this action pursuant to CPLR 321 6 for want of prosecution. Party Information Instructions: in the Fill name of each party to the action or proceeding, one name per line. If this form is tobe filed for an appeal, indicate the status of the party inthe court of original instance and his,her, or itsstatus in this court, ifany. If this form is to be filed for a proceeding commenced in this court, fillinonly the party's name and his, her, or itsstatus in this court. No. Party Name Original Status Appellate Division Status 1 HSBC MORTGAGE Plaintiff Respondent SAEID TEHRANI Defendant Appellant 2 3 SHALHLA TEHRANI Defendant None 4 HSBC MORTGAGE CORPORATION (USA) Defendant None 5 BPD BANK Defendant None MANHEIM AUTOMOTIVE FINANCIAL SERVICES Defendant None 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Informational Statement - Civil FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 Attorney Information Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or himself, the box marked "Pro Se" must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: Friedman Vartolo LLP Address: 85 Broad Street, Suite 501 City: New york State: NY Zip: 10004 Telephone No: 212.471.5100 E-mail Address: dseibert@friedmanvartolo.com Attorney Type: 8 Retained Assigned Government ProSe Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 1 Attorney/Firm Name: Warshaw Burstein, LLP Address: 555 Fifth Avenue City: New York State: NY Zip: 10017 Telephone No: 212.984.7700 E-mail Address: pmalik0109@gmail.com Attorney Type: 8 Retained Assigned Government ProSe Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 2 Attorney/Firm Name: Emouna & Mikhail, P.C. Address:110 Old Country Road, Suite 3 City:Mineola State: New York Zip: 11501 Telephone No:516.877.9111 E-mail Address: Attorney Type: 8 Retained Assigned Government ProSe Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 3 Attorney/Firm Name: Anthony DiPaolo, P.O. Address:235-07 Braddock Avenue City:Queens Village State: New York Zip: 1 1428 Telephone No:718.989.8800 E-mail Address: Attorney Type: 8 Retained Assigned Government ProSe Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 4 Attorney/Firm Name: Feldman & Associates PLLC Address: 33 East 33rd Street, Suite 802 City: New York State: New York Zip: 1 001 6 Telephone No:212.685.2277 E-mail Address: Attorney Type: Retained Assigned Government ProSe Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 5 Attorney/Firm Name: Danzig, Fishman & Decca Address: One North Broadway, Suite 1202 City: White Plains State: New York Zip: 10601 Telephone No: 914.285.1400 E-mail Address: Attorney Type: Retained Assigned Government ProSe Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 6 Informational Statement - Civil FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 Nassau County Maureen OConnell County Clerk Mineola, NY 11501 63 2019 000 6773 Ref ID#: IN 10-015816 Instrument Number: 2018- 0001 6773 As C33 - ORDER Recorded On; January 25, 201 9 Parties:HSBC MORTGAGE CORPORATION USA TO SAEID TEHRAN! Num Of Pages: Recorded By; COURT Comment: "" Examined and Charged as Follows: Da C33 - ORDER 0.00 Recording Charge: 0.00 *• THIS PAGE IS PART OF THE INSTRUMENT "* I hereby certify that the within and foregoing was recorded in the Clerk's Office For: Nassau County, NY File Information: Record and Return To: Document Number: 2019- 00016773 Receipt Number: 1 349593 Recorded DatefTime: January 25. 2019 11:16:09A Book-Vol/Pg: Cashier / Station:OAO / NCCL-JCQVBP1 mma *8 w s ©HoirR Kfi!aBtuiEr rVC! 'i •- . -'I FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X Index# 15816/2010 HSBC MORTGAGE CORPORATION USA, Plaintiff, -against- AFFIDAVIT OF SERVICE SAEID TEHRANI, SHAHLA TEHRANI, A/K/A SHAHLE TEHRANI, HSBC MORTGAGE CORPORATION (USA), BPD BANK, MANHEIM AUTOMOTIVE FINANCIAL SERVICES "JOHN DOE #1-5" and "JOHN DOE #1-5" said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. X STATE OF NEW YORK, COUNTY OF QUEENS, ss: Kimberly Johnson, being duly sworn says: I am not a party to the action, am over 18 years of age and reside in Queens, NY. On April 30,2019, I served a copy of the Notice of Appeal and Informational Statement in the following manner: Service by By mailing the same in a sealed envelope, with postage prepaid thereon, Regular Mail in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: Personal Service By delivering the same personally to the persons and at the addresses Service By Other indicated below: Electronic Means By transmitting the same to the attorney by electronic means to the telephone number or other station or limitation designated by the attorney for that puipose. In doing so I received a signal from the equipment of the attorney indicating that the transmission was received, and mailed a copy of same to that attorney, in a sealed envelope, with postage prepaid thereon in a post-office of official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: Overnight Service By depositing the same with an overnight delivery service in a wrapper properly addressed. Said delivery was made Delivery prior to the latest time designated by the overnight delivery service for overnight delivery. The address and delivery service are indicated below: {1109118.1 } FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 To: Friedman Vartolo LLP Attorneys for Plaintiff 85 Broad Street, Suite 501 New York, New York 10004 T: (212) 471-5100 Emouna & Mikhail, P.C. Attorneys for Defendant Shahla Tehrani 1 10 Old Country Road, Suite 3 Mineola, New York 11501 Danzig, Fishman & Decca Attorneys for Defendant Manheim Financial Services, Inc. One North Broadway, Suite 1202 White Plains, New York 10601 Anthony DiPaolo, P.C. Attorneys for Defendant F1SBC Mortgage Corporation (USA) 235-07 Braddock Avenue Queens Village, New York 1 1428 Feldman & Associates PLLC Attorneys for Defendant BPD Bank 33 East 33rd Street, Suite 802 New York, New York 10016 Sworn to before me on the 30th day of April, 201 9. - _ QlAA AAAMz / otary Public PANKAJ MALIK NOTARY PUBLIC-STATE OE NEW YORK No. 02MA5028786 Qualified In Queens County My Commission Expires June 06, 20 2.2- {1109118.1 } FILED: NASSAU COUNTY CLERK 05/12/2021 01:27 PM INDEX NO. 015816/2010 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X Index# 15816/2010 HSBC MORTGAGE CORPORATION USA, Plaintiff, -against- SAEID TEHRANI, SHAHLA TEHRANI, A/K/A SHAHLE TEHRANI, HSBC MORTGAGE CORPORATION (USA), BPD BANK, MANHEIM AUTOMOTIVE FINANCIAL SERVICES ' "JOHN DOE #1-5" and "JOHN DOE #1-5" said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. X NOTICE OF APPEAL WARSHAW BURSTEIN, LLP 555 Fifth Avenue New York, NY 10017 TEL: (212) 984-7700 Fax: (212) 972-9150 CERTIFICATION pursuant to 22 NYCRR 130-1.1, Dated: April 30,-2019 Signature: To: Friedman Vartolo LLP Anthony DiPaolo, P.C. Attorneys for Plaintiff Attorneys for Defendant HSBC Mortgage Corporation (USA) 85 Broad Street, Suite 501 235-07 Braddock Avenue New York, New York 10004 Queens Village, New York 1 1428 T: (212)471-5100 Emouna & Mikhail, P.C. Feldman & Associates PLLC Attorneys for Defendant Shahla Tehrani Attorneys for Defendant BPD Bank 110 Old Country Road, Suite 3 33 East 33rd Street, Suite 802 Mineola, New York 11501 New York, New York 10016 Danzig, Fishman & Decca Attorneys for Defendant Manheim Financial Services, Inc. One North Broadway, Suite 1202 White Plains, New York 10601 Service of a copy of the within is hereby admitted. {1109112.1}