At an Exparte Part of the Supreme Court of the State of New York, held in and for the County of Monroe, at the 99 Exchange Street, Rochester, New York on September 11, 2025. ORDER TO SHOW CAUSE, Index No. E2025019841, PRESENT: HON. KEVIN M. NASCA, Justice of the Supreme Court, SUPREME COURT FOR THE STATE OF NEW YORK, COUNTY OF MONROE, In the matter of the Application of LINDA B. WOLK and JEFFREY S. CANE, Petitioners, For an Order Pursuant to RPAPL §§ 1921, 1931, and/or 1501; and/or RPL § 275, cancelling and discharging of record a certain consolidated mortgage lien upon premises known as 7 Canal Park Place, County of Monroe, State of New York, tax map identification 150.19-1-5.4, v. GMAC MORTGAGE CORPORATION, Respondent. Upon the petition of Linda B. Wolk and Jeffrey S. Cane ("Petitioners"), duly verified on the 8th day of September, 2025 and the Affirmation in Support of Cassie T. Doran, Esq., dated September 10, 2025, it is hereby: ORDERED that the Monroe County Clerk's Office and GMAC MORTGAGE CORPORATION, or any successor or assignee thereof, show cause before this Court at a Special Term thereof, to be held on the 20th day of November, 2025 at 9:30 a.m. at the Monroe County Supreme Court, 99 Exchange Blvd., Rochester, New York on submission, why an Order should not be made by this Court pursuant to Real Property Actions and Proceedings Law §§1921, 1931, 1501, and/or Real Property Law §275 cancelling and discharging of record the following consolidated mortgages: a. Mortgage from Sudhakar G. Dixit and Anita Dixit to Rochester Community Savings Bank, dated April 24, 1986, in the original principal amount of $300,000.00, and recorded in the Monroe County Clerk's Office on April 25, 1986 in Book 7367 of Mortgages at page 171. Said mortgage was assigned to American Home Funding, Inc. by an Assignment of Mortgage recorded in the Monroe County Clerk's Office on April 12, 1993 in Book 958, page 168, b. Mortgage from Sudhakar G. Dixit and Anita Dixit to American Home Funding, Inc., dated April 6, 1993, in the original principal amount of $78,699.44, and recorded in the Monroe County Clerk's Office on April 12, 1993 in Book 11455, page 311. Consolidation, Extension, and Modification Agreement from Sudhakar G. Dixit and Anita Dixit to American Home Funding, Inc. and recorded in the Monroe County Clerk's Office on April 12, 1993 in Book 11455, page 323. Said Agreement consolidated the mortgage recorded in Book 7367, page 171 and the mortgage recorded in Book 11455, page 311 to form a single lien in the amount of $360,000.00. Said mortgages, as consolidated, were assigned to Residential Funding Corporation by an Assignment of Mortgage recorded in the Monroe County Clerk's Office on December 6, 1993 in Book 01001, page 0466. Said mortgages, as consolidated, were assigned to Bankers Trust Company as Trustee by an Assignment of Mortgage recorded in the Monroe County Clerk's Office on February 1, 1995 in Book 01054, page 0488. Said mortgages, as consolidated, were assigned to GMAC Mortgage Corporation by an Assignment of Mortgage recorded in the Monroe County Clerk's Office on September 16, 1998 in Book 01252 page 0591; c. Mortgage from Sudhakar G. Dixit and Anita Dixit to GMAC Mortgage Corporation, dated September 10, 1998, in the original principal amount of $4,136.92, and recorded in the Monroe County Clerk's Office on September 16, 1998 in Book 14001, page 0473. Consolidation, Extension, and Modification Agreement from Sudhakar G. Dixit and Anita Dixit to GMAC Mortgage Corporation and recorded in the Monroe County Clerk's Office on September 16, 1998 in Book 14001, page 0485. Said Agreement consolidated the mortgage recorded in Book 14001, page 0473, with the mortgage recorded in Book 7367, page 171 and the mortgage recorded in Book 11455, page 311, as previously consolidated by the Consolidation Agreement recorded in Book 11455, page 323, to form a single lien in the amount of $346,100.00, which mortgages are a lien on the property located at 7 Canal Park Place, County of Monroe, State of New York, tax map identification 150.19-1-5.4, and directing the Monroe County Clerk's Office to mark the same upon its records as released and discharged, and further ordering and directing that the debt or other obligations secured by the Mortgages be deemed cancelled; and it is further ORDERED, that sufficient reason appearing therefore, let service of a copy of this Order, together with the Petition and papers upon which the same is based, upon the Clerk of the County of Monroe by personal service pursuant to the CPLR, on or before September 25, 2025; and it is further ORDERED that a copy of this Order be served upon GMAC Mortgage Corporation by publication at least once in each of four successive weeks [number of times of publication], prior to the return date, in the Democrat & Chronicle and the Daily Record pursuant to CPLR 316 [publication] and that the affidavit of such publication be filed at least 5 days prior to the return date of this Order and such service upon all the foregoing shall be deemed good and sufficient service upon on all who may have an interest in the above referenced mortgages, and it is further ORDERED that any responding papers be served upon counsel and the court on or before November 6, 2025, and any replies be served on or before November 13, 2025. Dated September 11, 2025, Hon. Kevin M. Nasca, Supreme Court Justice
September 23, 30, October 7, 14 2025
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