NCO v. Thomas Liberati, Judgment Debtor, Capital One Bank, N.A., Respondent. (2025)

The following papers numbered 1 to 2 were read on this motion:

PaperNumber

Notice of Petition, Petition and Exhibits 1

Request to Adjourn Motion 2

Petitioner brings its petition seeking a judgment directing Capital One Bank, N.A. to pay to it the sum of $12,402.99 in partial satisfaction of the judgment entered on November 29, 2005, under Index Number 11278/2005, in the sum of $21,277.78.

Counsel for petitioner sought to adjourn the petition until April 2, 2025 (administratively adjourned until April 4th, as this Court's motions are returnable on Fridays) because it had not yet been able to serve the judgment debtor. The Court waited approximately one month past the new return date for the petition to see if petitioner had been able to serve him. However, the last document filed on NYSCEF for this matter is the adjournment request.

Accordingly, the Court must deny the petition, without prejudice. Should petitioner file a new petition and be able to serve both parties, it shall submit a proposed Order before the return date. Petitioner shall serve a copy of this Decision and Order on both parties by overnight mail within three business days of receipt.

The foregoing constitutes the decision and order of the Court.

Dated: May 7, 2025

White Plains, New York

HON. LINDA S. JAMIESON

Justice of the Supreme Court

Linda S. Jamieson, J.