Plaintiff: Lazer Aptheker Rosella, P.C.
Defendant: United States Secretary of Housing and Urban
VICTORIA ST. GEORGE, J.S.C.
following numbered papers were read upon this motion:
of Motion/Order to Show Cause 10-19
moves this Court unopposed pursuant to CPLR § 3215 for a
default judgment against defendant, who has not answered the
an action for declaratory judgment as concerns the status of
a leasehold mortgage purportedly held by the defendant to a
modular home located at 175 Village Circle West, Manorville,
NY 11949. In a separate action (Index No.: 620356/2017,
Quinlan, J.) , the leasehold mortgage held by Urban
Financial of America LLC was extinguished and cancelled and
Urban Financial of America LLC's leasehold interest was
terminated. Plaintiff now seeks a declaration that any
leasehold mortgage held by defendant in the instant action is
extinguished with any rights and interests of defendant in
connection with such leasehold mortgage. Allegedly, ownership
of the modular home was transferred to plaintiff in exchange
for the release of past due and continuing liability. By
operation of law when the modular home was conveyed to
plaintiff any agreements were terminated and plaintiff
assumed the obligation for the ongoing real property taxes.
Urban Financial of America LLC consented to the
extinguishment and cancellation of its mortgage secured by
its leasehold interest, and accordingly a judgment was
entered extinguishing and cancelling the record of mortgage.
instant action was commenced on March 29, 2019 by service of
a summons and complaint upon defendant by personal service.
Additionally, plaintiff mailed a copy of the summons and
complaint to the Attorney General by certified mail on April
1, 2019. Defendant has not as of yet appeared, answered or
moved in respect to the verified complaint.
support of its motion, plaintiff submits, inter
alia, copies of the proof of service with electronic
confirmation notice and a printout of the New York State
Courts Electronic Filings for the instant action. This Court,
ex mero motu,  dismisses the action in its