LaSalle Bank, NA v. Pace

• Decision Date: 28 November 2012
• Parties: LaSALLE BANK, NA, etc., plaintiff-respondent, v. James F. PACE, et al., appellants, et al., defendants; Attorney General of State of New York, intervenor-respondent.
• Court: New York Supreme Court — Appellate Division

100 A.D.3d 970
955 N.Y.S.2d 161
2012 N.Y. Slip Op. 08101

LaSALLE BANK, NA, etc., plaintiff-respondent,
v.
James F. PACE, et al., appellants, et al., defendants;
Attorney General of State of New York, intervenor-respondent.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 28, 2012.

Christopher Thompson, West Islip, N.Y., for appellants.

Cullen and Dykman LLP, Garden City, N.Y. (Justin F. Capuano and James G. Ryan of counsel), for plaintiff-respondent.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Barbara D. Underwood, Andrew D. Bing, and Laura Etlinger of counsel), intervenor-respondent pro se.

MARK C. DILLON, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, and L. PRISCILLA HALL, JJ.

[100 A.D.3d 970]In an action to foreclose a mortgage, the defendants James F. Pace and Linda Pace appeal from an order of the Supreme Court, Suffolk County (Whelan, J.), dated February 28, 2011, which, upon a decision of the same court also dated February 28, 2011, granted the plaintiff's motion, inter alia, for summary judgment on the complaint insofar as asserted against them and for an order of reference.

ORDERED that the order is affirmed, with costs payable to the plaintiff.

In this mortgage foreclosure action, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendants James F. Pace and Linda Pace (hereinafter together the Paces) and for an order of reference. While the motion was pending, the Chief Administrative Judge of the State of New York, at the direction of the Chief Judge of the State of New York, and with the consent of the Presiding Justices of the Appellate Divisions, issued Administrative Order 548–10. The administrative order requires a plaintiff's counsel in a residential foreclosure action to certify the accuracy of the documents filed in support of the action by filing an affirmation representing that counsel communicated with a representative of the plaintiff who reviewed the documents and records relating to the action, and the papers filed with the court, and confirmed their factual accuracy. The plaintiff's counsel is further required to represent that, based upon such communication and counsel's own inspection of the papers, to the best of counsel's knowledge, information, and belief, the filed documents are complete and accurate in all

[955 N.Y.S.2d 162]

relevant respects. The attorney affirmation requirement was later amended slightly by Administrative Order 431–11.

In...