Ashmeen Modkihan

94-22 Magnolia Court, Unit 1B

Ozone Park, NY 11417

 

April _____, 2023

 

Hon. Eric Komitee

United States District Judge

United States District Court

Eastern District of New York

225 Cadman Plaza East

Brooklyn, New York 11201

 

Re:      EXPEDITED HEARING OF ARGUMENTS

 

(Modikhan v. Aronow , et al., Case No. 22-CV-06434-EK (E.D.N.Y.), as consolidated with Modikhan v. Aronow, et al., Case No. 22-CV-06439-EK (E.D.N.Y.))

 

 

Respectfully,

 

I am the Appellant in the referenced consolidated Appeal. This letter serves as my request for you to expedite the hearing of the arguments in said appeal. This request is grounded on the fact that I stand a risk of being prejudiced in my related case at the State Court, if this appeal is not expedited.

 

I have a pending case at the Supreme Court of New York, Queens County (Modikhan v. Golden Touch, et al., Case No. 706339/2015), where I am the Plaintiff.  My former attorney in the said case, Frank Cassisi, was hired by the Trustee in my Bankruptcy case at the United States Bankruptcy Court, Eastern District of New York, (Case No. 19-46591-jmm), which case is not under appeal before your court. This appeal challenges, inter alia, the Bankruptcy Court’s decision to deny my Motion to Withdraw the Bankruptcy case.

 

Ever since the Trustee retained my former attorney, the Trustee seeks to take over the said state court case. This happens despite the fact that the Bankruptcy case is before your court for a decision that would potentially dismiss the Bankruptcy case. It follows; the Trustee can only claim to represent me if there is an ongoing Bankruptcy case. I understand that my appeal automatically stayed the proceedings in the Bankruptcy Court. Besides, in the event the appeal gets decided in my favor, the Trustee will have no standing to represent me in this case.

 

Your Honor, you should also note that my Magnolia Court property and my Howard beach property have also been auctioned following an illegal foreclosure. As you are aware, the new Foreclosure Abuse Prevention Act applies retroactively. The Act inter alia, makes an amendment to CPLR § 203, which governs the computation of limitations periods generally. Notably, the amendment adds a new section (h), which states that once a cause of action to foreclose a mortgage accrues, no party may unilaterally stop the running of the statute of limitations. The Plaintiff in the foreclosure actions filed the case for one of the properties about seven years after the first actual breach. The Plaintiffs in the foreclosure cases also failed to prove ownership of the note, and relied on fraud and misrepresentation. It follows; an expedited decision from your court will therefore go a long way in ensuring I get legal redress for the injustices done on my property.

 

In light of the foregoing, I sought to file a Motion to Stay the Proceedings in the State Court. However, the clerk of the said State Court refused to accept my motion because my former attorney has not yet removed himself from this case.

 

I also engaged with the clerk of your Court, who notified me that you have not yet set a date to schedule the hearing of the argument(s) in this appeal, and are still looking into the Briefs filed by both the Appellee(s) and myself.

 

I am therefore requesting you to consider my request herein and expedite the hearing and determination of this appeal. In the event this matter is not expedited, I am prone to suffer disastrously since the Trustee would unjustly take over my State Court case yet there is a pending appeal whose decision may remove their standing to represent me in said case.

 

 

Sincerely,

 

 

_________________

Ashmeen Modkihan

 

Cc:

 

Alan Nisselson, Chapter 7 Trustee

Chief Judge Alan S Trust

Edmund B. Troya

Darren Aronow, Esq

Jeffrey C. Chancas

Nazar Khodorovsky, Esq.

Frank Cassisi, Esq. Tim Tenke, Esq.

Naomi J. Skura

Courtney R. Williams, Esq.

Katherine Heidbrink, Esq.

Michael L. Carey, Esq.

Aleksandra Krasimirova Fugate, Esq

Steven Amshen

Andrea M Roberts

Krista M Preuss

Jonathan M. Robbin & Jacqueline A. DiCicco, Esq.

Nicolas John Bebirian & Marie Theresa Nicholson

Office of the United States Trustee, Eastern District of New York (Brooklyn Office)

Marylou Martin, Esq.

Assistant US Trustee

Capital One Bank (USA), N.A.

U.S. Bank National Association

Rushmore Loan Management Services

BAC Home Loan Servicing

LVNV Funding LLC

Real Time Resolutions, Inc.

BAC Home Loans Servicing

Best Egg

Barclay

Bestegg Resurgent

Capital One

Capital One Bank USA N.A.

Internal Revenue Service, Centralized Insolvency Operations

Brown and Joseph

Capital One Bank (USA), N.A., By American InfoSource as agent

First Service Residential Cam (New York)

Jetblue Card

Magnolia Court Condo

Grant Management Services

Brown and Joseph LTD

Mordente Law Firm LLC

Nationstar Mortgage LLC

Shapiro, Dicaro & Barak

Marguerite A. Grays

Letitia James, Attorney General of New York

Melinda Katz, District Attorney of Queens

 

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