Opinion
CIVIL 19-cv-11853
06-24-2022
UNITED STATES OF AMERICA, Plaintiff, v. Lewis A. Savoy 142 Cooperstown Road Dover Plains, NY 12522 Midland Funding LLC DBA in New York as Midland Funding of Delaware LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 The People of the State of New York c/o Dutchess County District Attorney's Office 236 Main Street Poughkeepsie, NY 12601 Commissioner of Taxation and Finance W A Harriman Campus Albany, NY 12227 Ryan Savoy 142 Cooperstown Road Dover Plains, NY 12522, Defendants.
(PROPOSED) ORDER DISMISSING ACTION AND CANCELLING NOTICE OF PENDENCY
HON. PHILIP M. HALPERN, UNITED STATES DISTRICT COURT JUDGE.
On the original Summons and Complaint and Notice of Pendency of this action, all filed in the office of the Clerk of this Court, and upon due proof of service upon the Defendant in this action, and upon the Affirmation of Barry M. Weiss dated May 10, 2022, by all of which it appears to the satisfaction of this Court that the Plaintiff is in all respects entitled to an order dismissing this action without prejudice summary judgment pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, NOW upon the motion of the Plaintiff United States of America, it is
ORDERED, that this action is dismissed without prejudice or further costs as to either party or against the other; and it is further
ORDERED, that acceleration of the loan is hereby revoked; and it is further
ORDERED, that the notice of pendency of action filed hereon on with the United States District Court for the Southern District of New York on January 7, 2020 and with the Dutchess County Clerk on January 9, 2020 and indexed against Parcel ID/Tax Account # 6961-00-628558 is canceled of record, and the Clerk of the United States District Court for the Southern District of New York and the Dutchess County Clerk are hereby directed to mark the records accordingly.
IT IS SO ORDERED.