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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