815 Anthony DriveLindenhurst, New York 11757District0103Section025.00Block02.00Lot049.008This is an action wherein the Plaintiff claims foreclosure of a mortgage dated September 28, 2006 in theoriginal principal amount of $486,400.00 recorded with the Clerk of Suffolk County, New York onOctober 16, 2006 in Liber 21401 of Mortgages at Page 349. The mortgage secures a note of the sameamount and encumbers real property commonly known as 815 Anthony Drive, Lindenhurst, Town of Babylon, New York and described as District 0103 Section 025.00 Block 02.00 Lot 049.008 on the TaxMap of Suffolk County. Plaintiff commenced this action by filing a Summons, Verified Complaint andNotice of Pendency on September 26, 2007. Following the interposition of an Answer by Defendantsthen-counsel, summary judgment was granted by Order dated April 14, 2008 and a Referee wasappointed to compute in accordance with RPAPL § 1321. Thereafter, by Order dated January 30, 2009, aSubstitute Referee was appointed. On July 12, 2010, Plaintiff moved for a Judgment of Foreclosure &Sale and, following the interposition of opposition by Defendants together with the present Order ToShow Cause, the application was voluntarily withdrawn.Defendants SHEILA MATHON and HANK MATHON ("The Mathons") have moved
, by Order ToShow Cause dated August 12, 2010, for a stay of all proceedings under this index number. Theirapplication recites a number of grounds for the relief demanded including the pendency of a lawsuit inthe United States District Court for the Eastern District of New York brought by the Mathons as plaintiffsunder docket no. 10-CV-3664, the failure of Plaintiff's counsel to serve notice of proceedings uponDefendants' counsel and finally, that Plaintiff's offer of a loan modification should have operated as astay of this action.As to the claim involving the federal action, this cannot constitute a legally cognizant ground for relief inthe instant matter. In order for such injunctive relief to lie, the competing actions must have full andcomplete identity of claims, parties and the relief demanded,
Green Tree Fin. Servicing Cor
. v. Lewis 280 AD2d 642, 720 NYS2d 843 [2nd De
. In the federal action, there is a lack of identity of the partiesin that the Mathons have impleaded sixteen individuals and entities who are not parties to the instantaction. Moreover, the federal action has been brought under the federal Racketeer Influenced andCorrupt Organizations Act ("RICO"), 18 USC § 1961 et. seq. which is not a subject of the instant action.