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XXX SCERBO’S MOTION FOR CLARIFICATION – 1
XXX
Insert Your Address
City, ST ZIP Code
Phone | Fax
Email
Appearing in pro per
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
NYCTL BROWNFIELD, LLC, ET. AL.,
Respondents,
vs.
XXX, APPELLANT, ET. AL.,
Defendants
XXX MOTION FOR
CLARIFICATION
NOTICE OF XXX MOTION FOR CLARIFICATION
Please take notice that on Insert Date at Insert Time, or as soon thereafter as the matter may be
heard in the above-entitled Court, XXX will and hereby does move the Court for an
Order granting Clarification.
This Motion is based upon this Notice of Motion, the accompanying Memorandum in
Support of Petitioner’s Motion for Clarification, and such oral and documentary evidence as may
be presented at or before the hearing of the Motion.
Dated this XXX
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MICHAEL SCERBO’S MOTION FOR CLARIFICATION – 2
XXX Appearing in pro per
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XXX MOTION FOR CLARIFICATION – 3
XXX
Insert Your Address
City, ST ZIP Code
Phone | Fax
Email
Appearing in pro per
SUPREME COURT OF THE STATE OF XXX
APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
NYCTL BROWNFIELD, LLC, ET. AL. ,
Respondents,
vs.
XXX, APPELLANT, ET. AL.,
Defendants
Case No.: XXX
XXX MOTION FOR
CLARIFICATION
MEMORANDUM IN SUPPORT OF MICHAEL SCERBO’S MOTION FOR
CLARIFICATION
COMES NOW XXX Appellant, who moves for Clarification of provisions of a
Decision and Order signed by this Court on December XXX, and for cause would show this
Honorable Court as follows:
1. The sixth paragraph of the Decision and Order dated December XXX states as
follows: “The plaintiffs demonstrated their prima facie entitlement to judgment as a
matter of law by submitting the subject tax lien certificates along with proof that no
payments had been made on the tax liens XXX). In opposition, even considering the unpleaded defense advanced by XXX
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XXX MOTION FOR CLARIFICATION – 4
opposition to the plaintiffs’ motion, XXX failed to raise a triable issue of fact (see
generally Alvarez v Prospect Hosp., XXX).”
2. Having gone through the Decision and Order issued by this Court and the
previous pleadings filed by the parties in this case, Michael was unable to identify the
unpleaded defense being referenced by this Court in its Decision and Order.
3. Michael would like to know and understand the unpleaded defense that
this Court referenced.
REASONS WHEREFORE, PREMISES CONSIDERED, XXX respectfully requests
this Court to clarify the sixth paragraph of the Decision and Order issued on December XXX
specifically the unpleaded defense advanced by XXX in his opposition to the plaintiff’s motion
for summary judgment.
Dated this XXX
XXX
Appearing in pro per
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XXX MOTION FOR CLARIFICATION – 5
VERIFICATION
I, XXX being duly sworn depose and say that I am the Appellant in the above
entitled action, that I have read the foregoing Motion for Clarification and know the contents
thereof. That the same is true of my own knowledge except as to those matters and things stated
upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this _____ day of ____________________,XXX
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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MICHAEL SCERBO’S MOTION FOR CLARIFICATION – 6
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the
(Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt
requested, to the following parties or attorneys of record:
(Name of Attorney), Attorney at Law
Dated this day of Month, year.
XXX
Appearing in pro per
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