BUTLER CAPITAL CORP. v. CANNISTRA

33835-2008.

2009 NY Slip Op 29460

BUTLER CAPITAL CORPORATION, Plaintiff(s), v. FRANK CANNISTRA, JR., CANNISTRA SUBS, INC., DENINE CANNISTRA, FC & SON, INC., WEBSTER BANK, N.A., NEW YORK STATE COMMISSIONER OF TAXATION AND FINANCE AND "JOHN DOE NOS. 1-10" BEING FICTITIOUS AND UNKNOWN TO plaintiff, THE PERSONS OR PARTIES INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR CORPORATIONS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES DESCRIBED IN THE COMPLAINT, Defendant(s).

Supreme Court, Suffolk County.

Decided October 8, 2009.


Attorney(s) appearing for the Case

Frank Cannistra, Jr., Moritt Hock Hamroff & Horowitz, LLP, Garden City, New York, Attorneys for Plaintiff.

Defendant Pro se.


PETER H. MAYER, J.

It is ORDERED that plaintiff's application (seq. #001) for an order of reference in this foreclosure action is considered under CPLR 3408, as well as the related statutes and case law, and is hereby denied without prejudice and with leave to resubmit upon proper papers, for the following reasons:(1) failure to submit evidentiary proof, including an affidavit from one with personal knowledge, as to whether or not, pursuant to...

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