U.S. Bank Tr. v. Alston, 2022-22051

CourtNew York Justice Court
Writing for the CourtDavid A. Sears, J.
PartiesU.S. Bank Trust, NA, Petitioner v. John Alston, Cassandra Clarke, Chrisjon Alston, Shari A. Gallo, Michael Micucci, Frank Gallo, John Doe. & Jane Doe, Respondents.
Docket Number2022-22051,19110096
Decision Date24 February 2022

U.S. Bank Trust, NA, Petitioner
v.

John Alston, Cassandra Clarke, Chrisjon Alston, Shari A. Gallo, Michael Micucci, Frank Gallo, John Doe.
& Jane Doe, Respondents.

No. 2022-22051

Docket No. 19110096

Justice Court of the Town of Pleasant Valley, Dutchess County

February 24, 2022


For Respondents: Sean P. O'Fallon, Esq. Catalano & O'Fallon LLP

For Petitioner: Robert C. Sambursky, Esq. Stein, Wiener & Roth, LLP

David A. Sears, J.

Respondents John Alston and Cassandra Clarke seek an Order staying the execution of a Judgment and Warrant in this Summary Proceeding. Respondents claim their recent filing of an Emergency Rental Assistance Program application (hereinafter "ERAP") prevents further action on the previously issued Warrant of Eviction. Petitioner U.S. Bank Trust NA opposes the application.

Procedural History

Petitioner commenced this Summary Proceeding in this Court in October 2019. The action sought a Judgment for Possession and Warrant of Eviction against the Respondents herein. Respondents were tenants of property known as 107 Marshall Road, Salt Point, New York and within the jurisdiction of this Court. The Respondent Shari A. Gallo was the Landlord of Respondents John Alston and Cassandra Clarke. Shari Gallo was also the Defendant in a foreclosure action involving the subject property. On March 29, 2019, 107 Marshall Road was sold to the Petitioner U.S. Bank Trust NA pursuant to a judgment of foreclosure entered in the Dutchess County Supreme Court on June 21, 2018.

Following the foreclosure sale Petitioner served all notices required under Section 1305 of the RPAPL. Additional notices were served by Petitioner in accordance with the requirements of Sections 713(5) and 735 of the RPAPL.

Initial Court appearances occurred in November of 2019 and the Court issued a Judgment for Possession and Warrant of Eviction on January 28, 2020. Because of the covid pandemic and resulting Executive Orders, execution of the Warrant was not completed.

Thereafter, on or about November 2021, Petitioner applied to this Court for a replacement Warrant of Eviction as the previous warrant became "stale". A replacement warrant was signed by this Court on November 23, 2021 without objection by Respondents.

On January 31, 2022, execution of the November 23, 2021 warrant was briefly stayed by this Court's Order. The stay was granted to provide the Respondents an opportunity to excuse their default and to submit opposition regarding Petitioner's November 2021 application for a replacement Warrant. Following a February 8, 2022 hearing the stay was lifted and...

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