Bay Shore MHC, LLC v. Leroy Wistuba - Index No.: 603799/2023

State of New York

County Court County of Suffolk

Bay Shore MHC, LLC

1419 Sunrise Hwy

Bay Shore, NY 11706

Petitioner,

v.

Leroy Wistuba

3 Rose Lane

Bay Shore, NY 11706

Respondent.

SECOND AMENDED NOTICE OF

PETITION TO DECLARE MANUFACTURED

HOME ABANDONED

INDEX NO: 603799/2023

TO: Leroy Wistuba:

TAKE NOTICE that a hearing to declare the manufactured home located at Lot 3RS at 3 Rose Lane, Bay Shore, NY 11706 (the “Home”) abandoned will be held on January 8, 2024 before the Suffolk County Court at 210 Center Drive, Riverhead, NY 11901 , Riverhead, NY 11901 on submission.

TAKE FURTHER NOTICE that if Respondent fails at such time to interpose and establish any defense Respondent may have to the petition, Respondent may be precluded from asserting such defense or the claim on which it is based, in any other proceeding.

TAKE FURTHER NOTICE demand is hereby made that you answer the petition at least three days before the aforesaid date by serving an Answer upon Morgenstern DeVoesick PLLC, attorneys for Petitioner, at 1080 Pittsford Victor Road, Suite 200, Pittsford, NY 14534.

WHEREFORE, demand is made in the petition for a declaration that the Home has been abandoned, for an Order that the Home should be sold in lieu of removal and that the proceeds of such sale be distributed to the Petitioner for amounts owed, and any proceeds from the sale in excess of this amount be returned to the Respondent.

Dated: November 8, 2023

To: Leroy Wistuba

PLEASE TAKE NOTICE: IF RESPONDENT(S) FAIL TO TIMELY INTERPOSE AND ESTABLISH ANY DEFENSE THAT RESPONDENT(S) MAY HAVE, RESPONDENT(S) MAY BE PRECLUDED FROM ASSERTING SUCH DEFENSE OR THE CLAIM ON WHICH IT IS BASED IN ANY OTHER PROCEEDING OR ACTION, THAT A FINAL JUDGMENT MAY BE RENDERED IF THE COURT FINDS THAT THE PETITIONER HAS MADE THE REQUISITE SHOWING; AND THAT THE RESULT OF THAT FINAL JUDGMENT SHALL BE THE LOSS OF THE RESIDENT’S HOME.

This an action pursuant to RPAPL §792 in which Petitioner Bay Shore MHC, LLC (Petitioner) seeks a declaration that Respondent Leroy Wistuba (Respondent) has abandoned his manufactured home located at 3 Rose Lane, Bay Shore, New York 11706 (the Home). If Respondent fails to respond, the Home will be deemed abandoned and sold, with Petitioner retaining the value of past-due rent totaling $4,676.12.