2017 12:03 PM - iapps.courts.state.ny.us

Exhibit C

FILED: KINGS COUNTY CLERK 09/15/2017 12:03 PM INDEX NO. 505371/2017

NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 09/15/2017

FILED: KINGS COUNTY CLERK 05 04 2017 04:12 PNYSCEF DOC. NO. 16

INDEX NO. 505371/2017,

RECEIVED NYSCEF: 05/04/20171

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-^S. c--SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

At an IAS Part ^ of the Supreme Courtof the State of New York, held in and for theCounty of Kings, at the Courthouse locatedat 360 Adams Street, Brooklyn, New Yorkon the y day of /^^ -/ ' , 2017

-XMARTIN WHITFIELD, as Temporary Administratorof the Estate of LESLIE WHITFIELD, --a/k/a LESLIE M. WHITFIELD,

Plaintiff,

- against-

LEON MILES, VERONICA WHITFIELD.A-T2 HOLDINGS INC, AFTAB AZIZ.

Defendants.

ORDER TO SHOW CAUSE

Index No. 505371/17

Upon the Affirmation of ANTHONY J. LAMBERTI, ESQ., Affidavit of MARTIN

WHFTFIELD with annexed exhibits; and all prior papers heretofore filed in this proceeding,LET the Defendants, LEON MILES, VERONICA WHITFIELD, A-T2 HOLDINGS.

INC and AFTAB AZIZ, SHOW CAUSE before a Justice presiding at IAS Term, Part _§'/ of

this Court, to ̂e held in the County of Kings, at the Supreme Court Building, 360 Adams Street,Room /^" , Brooklyn, New York on the j/_day of /-f A 2017, at 9:30a.m. of that day, or as soon thereafter as counsel can be heard, why a Restraining Order andInjunction pursuant to CPLR §6301 should not be made and entered herein for:

(a) an immediate stay precluding the transfer of 114 Macon Street, Brooklyn, New Yorkand 116 Macon Street, Brooklyn, New York; and

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X NO. 505371/2017


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(b) an immediate stay precluding LEON MILES or any other entity from placing a lien or

security interest on 114 Macon Street, Brooklyn, New York and 1 16 Macon Street, Brooklyn,

New York; and

(c) an immediate stay precluding the New York City Register from recording any deed

of a transfer of property or that establishes a lien on the properties; and

(d) pursuant to CPLR §6401, the appointment of a receiver to collect the rents and

profits generated from 114 Macon Street, Brooklyn, New York and 116 Macon Street, Brooklyn,

New York and to pay the real estate taxes and water and sewer charges and property insurance

for those properties, including without limitation; and

(e) enjoining the CITf OF NEW YORK DEPARTMENT OF FINANCE from any

foreclosure and sale; for real estate taxes and/or water/sewer taxes owed while the funds are

marshaled; and

Sufficient reason appearing therefore, it isO^r^f ^^ ^^^ ^0^.

^ ^^^^DfSktSnsl^ of the properties located at 114 Macon Street, Brooklyn, New

York and 116 Macon Street, Brooklyn, New York Stayed; (^ f^ -Pi/1- f^)

ORDEREU, LEON MILES or any other entity is precluded from placing a lien or

securit^&terest on 114 Macon Street, Brooklyn, New York and 116 Macon Street, Brooklyn,

?ork; and it is further / Q ̂ ^20^{eWSERED, The New York City Register is precluded from recording any deed of a

transfer of property or establishes a lien on the properties and the CITy OF NEW YORK.

DEPARTMENT OF FINANCE is enjoined from instituting or continuing any foreclosure and

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I

NYSCEF DOC. NO. 16

<eE-X-'NO. 505371. /2017. j^"JKU,uAlaKii',


^^

sale: for real estate taxes and/or water/sewer taxes owed while the funds are marshaled; and it is

further

Urcopy of this Order to Show Cause and the Affirmation of

Ur^RDEB;fi1

^THONY J. LAMBERTI,.ESQ. and Affidavit of MARTIN WHITFIELD shall be served by^^.^V^^_ ^&^Mt^LG^.

regalarsraail not less than fourteen (14) days prior to the return date of this Order to Show Cause,

to the following:

LEON MILES

-Brookl^'n, New York 1124^

VERONICA WHITFIELDHifeMa@e»-Stf:eet

-Broold^'n, Vow York 11216

A-T2 HOLDINGS INCc/o Secretary of State of the State of New York

AFTAB AZIZc/o Carol Lilienfeld, Esq.708 Third Avonve

^lyTh. ^^ /î 'sol/?and such service sha 1 be deemed good and sufficient service.

ENTER,

J.S.C.HON. PETER P. SWEENEY, J.S.C.

3 of 3



SUPREME COURT 0COUNTY OF KINGS

-: STATE OF NEW YORK

MARTDST WHITFIELD, as TemporaryAdministrator of the Estate ofLESLIE WHITFIELD,a/k/a LESLIE M. WHITFIELD,

Plaintiff,

-X

AEFIRMATIONIN SUPPORTOF ORDER TO SHOWCAUSE

Index No. 505371-2017

-agamst-

LEON MILES, VERONICA WHITFIELD,A-T2 HOLDINGS INC, AFTAB AZIZ.

Defendants.

-X

ANTHONY J. LAMBERTI, ESQ. an attorney duly admitted to practice law before the

Courts of the State of New York, hereby affirms under penalty of perjury, states, I am counsel to

the Plaintiff, MARTIN WHITFIELD, as Temporary Administrator of the Estate of LESLIE

WHITIELD a/k/a LESLIE M.WHITFSELD, appointed by the Surrogate's Court of Kings County

on December 8, 2016.

1. I submit this affirmation in support of an order to Show Cause seeking a Temporary

Restraining Order and Injunction pursuant to CPLR 6301: (a) An immediate stay precluding the

fa-ansfer of 114 Macon Street, Brooklyn, New York and 116 Macon Street, Brooklyn, New York



(b) An immediate stay precluding Leon Miles or any other entity from placing a lien or security

interest on 114 Macon Street, Brooklyn, New York and 116 Macon Street, Brooklyn, New York;

(c) An immediate stay precluding the New York City Register from recording any deed of a

transfer of property or establishes a lien on the properties; (d) Pursuant to CPLR 6401, the

appointonaent of a receiver to collect the rents and profits generated from 114 Macon Sfa-eet,

Brooklyn, New York and 116 Macon Street, Brooklyn, New York and to pay the real estate taxes

and water and sewer charges and property insurance for those properties, including without

limitation and (e) Enjoining the CITY OF NEW YORK DEPARTMENT OF FINANCE from

any foreclosure and sale; for real estate taxes and/orwater/sewer taxes owed while the funds are

marshalled.

2. This action is brought against Defendants by Plaintiff, Martin Whitfield against

Defendants for commission of acts of fraud, forgery and undue influence on Leslie

Whitfield a/k/a Leslie Wliitfield by obtaining title and placing liens on the properties located at

114 Macon Street, Brooklyn, New York and 116 Macon Sta-eet, Brooklyn, New York at the time

Whitfield did not have the mental capacity to agree to place mortgage liens on the property.

3. This action seeks monetary damages, as well as equitable rescission and

cancellation of all the deeds of the transfer of the properties from the last deed of records which

re-conveyed title to Leslie Whitfield a/'k/'a Leslie M. Whitneld on Febmary 5, 2011. This action

seeks the cancellation of all mortgages on 114 Macon Street, Brooklyn, New York and 116

Macon Street, Brooklyn, New York.



4. Prior to his death, there was a pending under Mental Hygiene Law Article 8 1 before

the Kings County Supreme Court for the appointment of a Personal Needs and Property

Management Guardian. That proceeding was discontinued because of Leslie Whitfield's death.

5. At the time of his death, Whitfield's estate was, in part comprised of two properties

located at 114 Macon Street, Brooklyn, New York and 116 Macon Street, Brooklyn, New York.

6. Leslie Whitfield took title to 114 Macon Street and 925 Marcy Street, Brooklyn,

New York (Block 18'5 1 Lot 1) by deed dated October 22, 1976, recorded on October 22, 1976 at

reel 879, page 949.

7. On November 20, 2009, Leslie M. Whitfield purportedly conveyed by deed, 114

Macon Street, Brooklyn New York to his grandaughter Kirn Whitfield Holt for zero

consideration. The notary on the deed was Lawrence L. Kaye. That deed was recorded on

November 23, 2009 under CRFN 200900038383485. Kirn Whitfield Holt is the daughter of

Leslie Whitfield, the predeceased son of Leslie M. Whitfield.

8. On February 5, 2011, Kirn T. Whitfield-Holt re-conveyed 114 Macon Street to

Leslie M. Whitfield. That deed was recorded on March 7, 2011 under CRFN 201100083596.

There was zero consideration for that re-transfer to Leslie M. Whitfield.

9. Leslie Whitfield did not have the mental or physical capacity when he purportedly

signed mortgages to Aftab Aziz and they are therefore void.

10. After the property was conveyed to Leslie Whitfield, a/k/a Leslie M. Whitfield, a

recorded deed for 114 Macon Street, Brooklyn, New York states that by instmment dated

December 1, 2012, Leslie Whitfield purportedly conveyed 114 Macon Street, Brooklyn, New3



York and said deed was recorded on September 30, 2015, under CRFN 2015000348672. At the

time this deed was recorded, Leslie Whitfield was deceased and therefore he could not have

signed the ta-ansfer documents created from the ACRIS New York City website on September 30,

2015, and any signatures of Leslie Whitfield a/k/a Leslie M. Whitfield on the documents were

forgeries and are therefore void as a matter of law. Exhibit "A".

11. The ACRIS records further show that Martin Whitfield purportedly conveyed said

property, by deed dated November 8, 2016, and said deed to 114 Macon Street was recorded on

November 14, 2016 under CRFN 2016000399071. That claim is patently false because Martin

Whitfield's signatures are forged. Exhibit "B".

12. Martin Whitfield states in the accompanying affidavit that he did not sign my name

on that deed conveying the property to Lean Miles.

13. The deed dated November 8, 2016, pertaining to 114 Macon Street, Brooklyn, New

York was recorded on November 14, 2016 under CRFN 201 6000399071 after Leslie Whitfield's

death and was therefore void. Exhibit "C".

116MaconStreet Brookl New York

14. On May 24, 1977, Leslie Whitfield was conveyed title to 116 Macon Street,

Brooklyn, New York by deed for the sum of $7,650 and the deed was recorded on May 27, 1977

under reel 921 page 1534.

15. On November 20, 2009, Leslie M. Whitfield purportedly conveyed by deed 116

Macon Street, Brooklyn, New York for zero consideration to his granddaughrer Kirn Whitfield

Holt, of 108 Finale Street, Silver Springs, Maryland. The notary on the deed was Lawrence L.^



Kaye. That deed was recorded on November 23, 2009 under CRFN 2009000383838.

16. On Febmary 9, 2011, Kirn T. Whitfield-Holt re-conveyed 116 Macon Street to

Leslie M. Whitfield. That deed was recorded on March 22, 2011 under CRFN 2011000101614.

There was no consideration for the transfer of that deed.

17. Leslie Whitfield did not have the mental or physical capacity when he signed a

mortgage to Aftab Aziz and said mortgage is void.

18. On September 13, 2013, a contract dated July 3, 2013, was recorded under CRFN

2013000373852 by Rapid Recording LLC of 2233 Voorhies Avenue, Suite 2, Brooklyn, New

York. There was no sales price listed in the contract for consideration and the contract was

recorded on September 9, 2013 under CRFN201300037852. The contract of sale was sent in for

recording with the New York City Register by Rapid Recording LLC.

19. In that memorandum of contract, Veronica Whitfield, as the executor of the

Estate of Leslie Whitfield (son) who predeceased Leslie Whitfield a/k/a Leslie M. Whitfield

(father) was a party to the memorandum of sale and not Leslie M. Whitfield who was alive

(having died on April 10, 2014).

20. The son, Leslie Whitfield was not the owner of the property as a matter of law

because Martin Whitfield was alive at this time, and therefore Veronica Whitfield frauduently

conveyed property she had no legal claim to.

21. The contract did not recite the dollar value of the contract.



22. On July 3, 2013, Veronica Whitfield, as the purported executrix of the Estate of

Leslie Whitfield, residing ai 116 Macon Street, Brooklyn, New York, conveyed the property to

AT2 Holdings having an address of a post office box in Kew Gardens, NewYork.

23. There was no consideration given for the transfer on the recording page, which

indicates that no consideration was given for the transfer of the property on record, but had a

consideration amount recited on the RP 5217-NYC as $624, 500.

24. The deed did not specify if the ownership had been in the name of Leslie Whitfield

(the AIP) to Leslie Whitfield, Jr. The deed was recorded on November 12, 2013 under CRFN

2011000101614. The grantor on the ACRIS cover sheet was listed as Leslie M. Whitfield.

25. The ACRIS records further show that AT 2 Holdings purportedly conveyed said

property, by deed dated November 8, 2016 to Lean Miles and said deed was recorded on

November 14, 2016 under CRFN 2016000399071.

27. The ACRIS records further show that Martin Whitfield purportedly conveyed said

property, by deed dated November 8, 2016, to 114 and 116 Macon Street, Brooklyn, New York

and said deed was recorded on November 14, 2016 under CRFN 2016000399071.

28. There was no consideration given for the transfer of the deeds to Leon Miles.

29. Martin Whitfield avers his signature on the deed that conveyed the property to Lean

Miles, was a forgery and the deed is void.

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THE TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF

30. I stated that recent activities on ACRIS indicate there have been transfers of 1 14

and 116 Macon Street to a Limited Liability Company, 114 Macon LLC, that was formed on

December 16, 2016. The Department of State Process agent is Lean Miles of 114 Macon

Street, Brooklyn, New York 1 1216. Exhibits "A" amd "B". That transfer was for no

consideration and without title insurance. 1

31. Additionally a UCC-1 was filed on the property against Martin

Whitfield, AT-2 Holdings, Kirn Whitfield-Holt and Veronica Whitfield in favor of

Sunrise Constmction Inc. I upon upon information and belief that none of the parties

could have owed a debt to Sunrise Consta-uction Inc. for that company was registered with the

New York State Department of State on January 13, 2017. Although I am not conceding

Veronica Whitfield was a lawful owner of the property. Sunrise Constmction Inc. could not

have accured a secutity interest while the aforementioned individuals were in title to the

property. Exhibit "D"

32. Moreover, I am infonned by Martin Whitifield that he never owed Sunrise

Construction Inc. a debt for the secured interest to have been created.

33. Thus based upon the fraudulent transfers and the forgery of Martin Whitfield's

signatures on the deeds, the likelihood of success is strong.

1 The Court should take judicial notice that a purchaser of property, even if for good and valuable consideration, is not legallyrequired to obtain title insurance so the Notices of Pendency on the properties would be meaningless.

7



34. Upon infonnation and belief, the recent documented transfers indicate that

Lean Miles is attempting to place the property out of his name into a LLC after the action

was filed. Upon infonnation and belief, Lean Miles is attempting to secure a lien on the

property in an effort to resolve plaintiffs claims. Further transferring the property or placing

a lien, such as a mortgage or security interest on the property would be detrimetal to

plaintiffs rights.

35. Based upon infonnation and belief, it is submitted that all of these transactions,

more particularly described herein, were made after Leslie M Whitfield (the father) was

deceased.

36. Based upon information and belief, it is submitted that the subsequent transfers were

ultimately made for zero consideration, nominal consideration or consideration well below the

market value of the properties and was thereafter wasted.

37. Based upon infomiation and belief, it is submitted that there are irregularities

with regard to the paytnent of transfer tax on these properties.

38. Based on information and belief, it is submitted that there are irregularities with

regard to the ownership interests in the properties;

39. Accordingly, it is respectfully requested that the Court grant the plaintiff the

following injunctive relief as we are aggrieved parties and seek adjudication for such sums in

s



this, a court of competent jurisdiction, for a sum to be determined by the Court and I have just

been appointed to start to remedy the inequity.

THE APPOINTMENT OF A RECEIVER

40. Upon information and belief, from the ACRES records, the real estate taxes and

water/sewer charges have not been paid by Leon Miles or his LLC. The ACRIS records

indicate that since title was taken from Leslie Whitfield there have been tihree tax lien

certificates issued against the property. Since the rental units in both buildings are occupied,

there are rental incomes that are being generated and the taxes are not being paid.

41. Notice for the relief of a Temporary Restraining Order pursuant to

NYCRR 202. 7(a) has been given to counsel for Defendants except Veronica Whitfield.

Plaintiff does not seek a restraining order against her.

42. No previous application has been made for the relief sought.

WHEREFORE, it is respectfully requested the relief sought, namely a Temporary

Restraining Order and Injunction, (a) An immediate stay precluding the transfer of 114 Macon

Street, Brooklyn, New York and 116 Macon Street, Brooklyn, New York (b) An immediate stay

precluding Lean Miles or any other entity from placing a lien or security interest on 114 Macon

Street, Brooklyn, New York and 116 Macon Street, Brooklyn, New York; (c) An immediate stay

precluding the New York City Register from recording any deed of a transfer of property or

establishes a lien on the properties; (d) Pursuant to CPLR 6401, the appointment of a receiver to

collect the rents and profits generated from 114 Macon Street, Brooklyn, New York and 116



IVIacon Street, Brooklyn, New York and to pay the real estate taxes and water and sewer charges

and property insurance for those properties, including without limitation; (e)Enjoming the CITY

OF NEW YORK DEPARTMENT OF FINANCE from any foreclosure and sale; for real estate

taxes and/or water/sewer taxes owed while the funds are marshalled and for such other and

further relief as the Court deems just and appropriate.

Dated: Staten Island, New YorkMay 2, 2017

ÂNTH J. LAMBERTI, ESQ.Attorney for PlaintiffARMSTRONG & LAMBERTI, PLLC900 South Avenue, Suite 401Staten Island, New York 10314Telephone: (718) 477-7700Facsimile: (718) 477-5711

10



CERTIFICATION

ANTHONY J. LAMBERTI, ESQ., an attorney duly licensed and admitted to

practice law in the State of New York and principal of ARMSTRONG & LAMBERTI, PLLC

with offices located at 900 South Avenue, Suite 401, Staten Island, New York 10314, does

hereby certify pursuant to §130-1. 1-a of the Rules of the Chief Administa-ator (22 NYCRR), that

I have prepared the annexed Affidavit in Support of Order to Show Cause on behalf of MARTIN

WHITFIELD, Temporary Administrator of the ESTATE OF LESLIE WHITFIELD a/k/a

LESLIE M. WHITFIELD and Plaintiff herein, and that the contents thereof are tme to the best of

my knowledge, information and belief.

Dated: Staten Island, New YorkMay 2, 2017

ANTHONY LAMBERTI, ESQ.



...f

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

-XMARTIN WHITFIELD, as Temporary Administratorof the Estate of

LESLIE WfflTFIELD,a/k/a LESLIE M. WHITFIELD,

Plaintiff,

- against -

LEON MILES, VERONICA WHITFELD,A-T2 HOLDINGS INC, AFTAB AZtZ.

Defendants.

AFFIDAVIT IN SUPPORTOF ORDER TO SHOWCAUSE

Index No jf^^//7

-X

STATE OF NEW YORK )COUNTY OF KINGS ) ss:.

MARTIN WHITFIELD, as Temporary Administrator of the Estate of LESLIE

WHITIELD a/k/a LESLIE M. WHITFIELD, appointed by the Surrogate's Court of Kings County

on December 8, 2016, being duly sworn, deposes and says:

1. I submit this affidavit in support of an order to Show Cause seeking a Temporary

Restraining Order and Injunction sought by my counsel ANTHONY J. LAMBERTI, ESQ. of the

firm of ARMSTRONG AND LAMBERTI, PLLC, precluding the sale, transfer or further

encumberance of 114 Macon Street, Brooklyn, New York and 116 Macon Street, Brooklyn, New

York.

2. This action is brought against Defendants by Plaintiff, Martin Whitfield against

Defendants for commission of acts of fraud, forgery and undue influence on Leslie

Whitfield a/k/a Leslie Whitfield by obtaining title and placing liens on the properties located at



114 Macon Street, Brooklyn, New York and 116 Macon Street, Brooklyn, New York at the time

Whitfield did not have the mental capacity to agree to place mortgage liens on the property.

3. This action seeks monetary damages, as well as equitable rescission and

cancellation of all the deeds of the transfer of the properties from the last deed of records which

re-conveyed title to Leslie Whitfield a/k/a Leslie M. Whitfield on February 5, 2011. This action

seeks the cancellation of all mortgages on 114 Macon Street, Brooklyn, New York and 116

Macon Street, Brooklyn, New York.

4. Prior to his death, there was a pending Guardianship proceeding pursuant to

Mental Hygiene Law Article 81 before the Supreme Court, Kings County, for the appointinent of

a Personal Needs and Property Management Guardian. That proceeding was abated because of

Leslie Whitfield's death.

5. At the time of his death, Whitfield' s estate was, in part comprised of two

properties located at 114 Macon Street, Brooklyn, New York and 116 Macon Street, Brooklyn,

New York.

6. Leslie Whitfield took title to 114 Macon Sb-eet and 925 Marcy Sti-eet, Brooklyn,

New York. (Block 1851 Lot 1) by deed dated October 22, 1976, recorded on October 22, 1976 at

reel 879, page 949.

7. On November 20, 2009, Leslie M. Whitfield purportedly conveyed by deed, 114

Macon Street, Brooklyn New York to his grandaughter Kim Whitfield Holt for zero

consideration. The notary on the deed was Lawrence L. Kaye. That deed was recorded on

November 23, 2009 under CRFN 200900038383485. Kirn Whitfield Holt is the daughter of

Leslie WhitiTield, the predeceased son of Leslie M. Whitfield.



8. On February 5, 2011, Kim T. Whit&eld-Holt re-conveyed 1 14 Macon Street to

Leslie M. Whitfield. That deed was recorded on March 7, 201 1 under CRFN 201100083596.

There was zero consideration for that re-transfer to Leslie M. Whitfield.

9. Leslie Whitfield did not have the mental or physical capacity when he purportedly

signed mortgages -to Aftab Aziz and they are therefore void.

10. After the property was conveyed to Leslie Whitfield, a/k/a Leslie M. Whitfield, a

recorded deed for 114 Macon Street, Brooklyn, New York states that by instrument dated

December 1, 2012, Leslie Whitfield purportedly conveyed 114 Macon Street, Brooklyn, New

York and said deed was recorded on September 30, 2015, under CRFN 2015000348672. At the

time this deed was recorded, Leslie Whitfleld was deceased and therefore he could not have

signed the transfer documents created from the ACRIS New York City website on September 30,

2015, and any signatures of Leslie Whitfield a/k/a Leslie M. Whitfield on the documents were^ . . '' ^ ^ ^ ^r

forgeries and are therefore void as a matter of law. -^\^f' î^ 41

11. The ACRIS records further show that I purportedly conveyed said property, by

deed dated November 8, 2016, and said deed to 114 Macon Street was recorded on November

14, 2016 under CRFN 2016000399071.

12. Unequivocally, I state that I did not sign my name on that deed conveying the

property to Lean Miles.

13. The deed dated November 8, 2016, pertaining to 114 ]VIacon Street, Brooklyn,

New York was recorded on November 14, 2016 under CRFN 2016000399071 after Leslie

Whitfield's death and was therefore void.



116 Macon Street Brookl n New York

14. On May 24, 1977, Leslie Whitfield was conveyed title to 116 Macon Street,

Brooklyn, New York by deed for the sum of $7, 650 and the deed was recorded on May 27, 1977

under reel 921 page 1534.

15. On November 20, 2009, Leslie M. Whitfield purportedly conveyed by deed 116

Macon Street, Brooklyn, New York for zero consideration to his granddaughrer Kim Whitfield

Holt, of 108 Finale Street, Silver Springs, Maryland. The notary on the deed was Lawrence L.

Kaye. That deed was recorded on November 23, 2009 under CRFN 2009000383838.

16. On Febmary 9, 2011, Kim T. Whitfield-Holt re-conveyed 1 16 Macon Street to

Leslie M. Whitfield. That deed was recorded on March 22, 201 1 under CRFN 2011000101614.

There was no consideration for the transfer of that deed.

17. Leslie Whitfield did not have the mental or physical capacity when he signed a

mortgage to Aftab Aziz and said mortgage is void.

18. On September 13, 2013, a conb-act dated July 3, 2013, was recorded under CRFN

2013000373852 by Rapid Recording LLC of 2233 Voorhies Avenue, Suite 2, Brooklyn, New

York. There was no sales price listed in the contract for consideration and the contract was

recorded on September 9, 2013 under CRFN201300037852. The contract of sale was sent in for

recording with the New York City Register by Rapid Recording LLC.

19. In that memorandum of contract, Veronica Whitfield, as the executor of the

Estate of Leslie Whitfield (son) who predeceased Leslie Whitfield a/k/a Leslie M. Whitfield

(father) was a party to the memorandum of sale and not Leslie M. Whitfield who was alive

(having died on April 10, 2014).



20. The son, Leslie Whitfield was not the owner of the property since I, Martin

Whitfield, was alive at that time and, therefore, Veronica Whitfield, as a matter of law,

frauduently conveyed property she had no authority to convey.

21. The conb-act did not recite the dollar value of the contract.

22. On July 3, 2013, Veronica Whitfield, as the purported executrix of the Estate of

Leslie Whitfield, residing at 116 Macon Street, Brooklyn, New York, conveyed the property to

AT2 Holdings having an address of a post office box in Kew Gardens, NewYork.

23. There was no consideration given for the transfer on the recording page, which

indicates that no consideration was given for the transfer of the property on record, but had a

consideration amount recited on the RP 5217-NYC as $624,500.

24. The deed did not specify if the ownership had been in the name of Leslie

Whitfield (the AIP) to Leslie Whitfield, Jr. The deed was recorded on November 12, 2013 under

CRFN 2011000101614. The grantor on the ACRIS cover sheet was listed as Leslie M. Whitfield.

25. The ACRIS records farther show that AT 2 Holdings purportedly conveyed said

property, by deed dated November 8, 2016 to Leon Miles and said deed was recorded on

November 14, 2016 under CRJFN 2016000399071

27. The ACRIS records further show that I purportedly conveyed said property, by

deed dated November 8, 2016, 116 Macon Street, Brooklyn, New York and said deed was

recorded on November 14, 2016 under CRFN 2016000399071.

28. There was no consideration given for the transfer of the deed to Martin WhitfieldA



29. I, unequivocally, state my signature on the deed that conveyed the property to

Leon Miles, was a forgery and the deed is void.

-7'^? -MARTIN WHITFIELD

Swiom t fore me/thisf/^ ^rf, 2017.. c- &f.

NOT

Q"^^R|ES<gu 3Lf?, Expires June ̂ , ^-.Commission



Index Nos. : 505371/17

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

-X

MARTIN WHITFIELD, as Temporary Administrator of the Estate of LESLIE WHITFIELD,a/k/a LESLIE M. WHITFIELD,

Plaintiff,

-agamst-

LEON MILES, VERONICA WHITFIELD, A-T2 HOLDINGS INC., and AFTAB AZIZ,

Defendants.-X

THE CITY OF NEW YORK,

Intervenor-Plaintiff,

-against-

MARTIN WHITFIELD, as Temporary Administrator of the Estate of LESLIE WHITFIELD,a/k/a LESLIE M. WHITFIELD, LEON MILES, VERONICA WHITFIELD, A-T2 HOLDINGSINC., andAFTABAZIZ,

Intervenor-Defendants.

AFFIRMATION OF ASSISTANT CORPORATION COUNSEL PAUL DESENA INSUPPORT OF MOTION TO INTERVENE AND TO VACATE THE TEMPORARY

RESTRAINING ORDER DATED MAY 4, 2017

ZACHARY W. CARTERCorporation Counsel of the City of New YorkAttorney for RespondentsWO Church StreetNew York, NY 10007

Of Counsel: Paul J. DeSenaTel: (212) 256-2155

-9-



Documents

2017 12:03 PM - iapps.courts.state.ny.us