Foreclosure action against property at 1807 Spafford Road, Phelps, NY.

INDEX NO.: 141197-2025 Date Filed: 01/05/2026 SUPPLEMENTAL SUMMONS WITH NOTICE MORTGAGED PREMISES: 1807 Spafford Road Phelps, NY 14532 SBL #: 35.00- 2- 35.121 Plaintiff designates ONTARIO County as the place of trial; venue is based upon the county in which the mortgaged premises is situate. STATE OF NEW YORK SUPREME COURT: COUNTY OF ONTARIO M&T Bank, Plaintiff, vs. Cody Roberts, if living and if he be dead, his heirs at law, next of kin, distributees, devisees, grantees, trustees, lienors, creditors, assignees, and successors in interest of any of the aforesaid defendants; and all heirs-at-law, next of kin, distributees, devisees, grantees, trustees, lienors, creditors, assignees, and successors in interest of any of the aforesaid classes of person, if they or any of them be dead, and their respective husbands, wives or widows, if any, and all of whom and whose names and places of residence are unknown to plaintiff, except as herein stated; State of New York Mortgage Agency; U.S. Department of Housing and Urban Development f/k/a Secretary of Housing and Urban Development; New York State Department of Taxation and Finance; United States of America o/b/o Internal Revenue Service; John Doe #1 through #6, and Jane Doe #1 through #6, the last twelve names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the attorneys for the Plaintiff within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after service is complete if this Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Amended Complaint. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME IF YOU DO NOT RESPOND TO THIS SUMMONS AND COMPLAINT BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE MORTGAGE COMPANY WHO FILED THIS FORECLOSURE PROCEEDING AGAINST YOU AND FILING THE ANSWER WITH THE COURT, A DEFAULT JUDGMENT MAY BE ENTERED AND YOU CAN LOSE YOUR HOME. SPEAK TO AN ATTORNEY OR GO TO THE COURT WHERE YOUR CASE IS PENDING FOR FURTHER INFORMATION ON HOW TO ANSWER THE SUMMONS AND PROTECT YOUR PROPERTY. SENDING PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT STOP THIS FORECLOSURE ACTION. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. THE OBJECT of the above captioned action is to foreclose a Mortgage to secure $128,345.00 and interest, recorded in the Office of the Clerk of Ontario on April 13, 2021 in Book 03055 Page 0540 , covering premises known as 1807 Spafford Road, Phelps, New York 14532 as SBL 35.00-2-35.121. The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt secured by the Mortgage described above. The Plaintiff also seeks a deficiency judgment against the Defendants and for any debt secured by said Mortgage which is not satisfied by the proceeds of the sale of said premises. TO the Defendants Cody Roberts, if living and if he be dead, his heirs at law, next of kin, distributees, devisees, grantees,trustees, lienors, creditors, assignees, and successors in interest of any of the aforesaid defendants; and all heirs-at-law, next of kin, distributees, devisees, grantees, trustees, lienors, creditors, assignees, and successors in interest of any of the aforesaid classes of person, if they or any of them be dead, and their respective husbands, wives or widows, if any, and all of whom and whose names and places of residence are unknown to plaintiff, except as herein stated, the foregoing Supplemental Summons with Notice is served upon you by publication pursuant to an Order of the Hon. Gregory J. McGaffrey, J.S.C. of the Supreme Court of the State of New York, County of Ontario dated December 15, 2025 and filed December 24, 2025. Dated: January 27, 2026 /s/ Deborah M. Gallo Deborah M. Gallo, Esq. McCalla Raymer Leibert Pierce, LLP 420 Lexington Avenue, Suite 840 New York, New York 10170 Phone: 347.286.7409 Fax: 347-286-7414 Attorneys for Plaintiff, M&T Bank HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONS AND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE. The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Banking Department of Financial Services at 1-800-342-3736 or visit the Department's website at www.dfs.ny.gov. FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to "save" your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. February 6, 13, 20, 27 2026 LNYS0450446