Plaintiff obtained a judgment of foreclosure and sale dated May 18, 1984, against defendant John Campbell, as the record owner of the real property known as 133-23 129th Street, South Ozone Park, in Queens County, New York, upon his default in appearing or answering. [*2]

According to the Referee's report dated August 14, 1984, the property was sold on July 6, 1984, and the Referee executed and delivered a deed to Stanley A. Black and Elsie E. Black, as the successful bidders at the sale, having bid the sum of $53,000.00. The report sets forth the amounts paid out of the proceeds of the sale, and indicates that a surplus in the amount of $15,011.90 remained as of August 14, 1984, after the payment of the Referee's fee and all listed costs and disbursements. The surplus was deposited with the Queens County Clerk, who in turn deposited the surplus with the Treasurer of the City of New York. In April 1990, the New York City Commissioner of Finance paid to the State Comptroller, as abandoned property, the sum of $22,103.52, the then balance of moneys deposited (see, Abandoned Property Law §§ 600[1][a], 602; see, NYCTL 1996-1 Trust v Nuthree Inc., 18 Misc 3d 603, 604 [Sup Ct Bronx County 2007] [Renwick, J.]).

Defendants Commissioner of Labor of the State of New York, Frances Connolly, People of the State of New York and John Campbell filed notices of claim to the surplus on September 5, 1984, December 19, 1984, April 16, 1985 and March 9, 2011, respectively. The New York State Tax Commission filed a notice of claim on April 16, 1985.

Atlantis Asset Recovery ("Atlantis"), a purported domestic corporation, moved as the alleged attorney in fact for claimant John Campbell, to confirm the Referee's report of sale, and upon confirmation, to direct the Office of the New York State Comptroller to disburse all of the surplus moneys, plus accrued interest on deposit with the Office of the New York State Comptroller to claimant Campbell, or appoint a referee to ascertain the priority of liens.

By order dated December 1, 2011, the Court denied the motion without prejudice to a motion by "Atlantis Asset Recovery LLC," as attorney in fact for claimant John Campbell, or by claimant John Campbell or any other claimant upon proper service on all necessary parties (see, Federal Nat. Mortg. Ass'n v. Campbell, 33 Misc 3d 1229(A), 2011 WL 6016046, 2011 NY Slip Op. 52155(U) [Sup Ct Queens County 2011] [decision by the undersigned]).The Court determined that Atlantis had failed to demonstrate it had authority to act on behalf of claimant John Campbell, insofar as the durable, limited power of attorney granted Atlantis Asset Recovery LLC— not Atlantis— the authority to act as John Campbell's agent. The Court also noted that the asset recovery agreement presented by Atlantis was between Atlantis Asset Recovery LLC and John Campbell, not Atlantis and John Campbell.

Atlantis Asset Recovery LLC, upon the foregoing papers, moves to confirm the Referee's report of sale and direct the Office of the New York State Comptroller to disburse all the surplus moneys, plus accrued interest, currently on deposit with the Office of the New York State Comptroller to it, or in the alternative, to appoint a referee to ascertain the priority of liens. It asserts that it is appearing on behalf of John Campbell, as claimant to the surplus moneys, pursuant to a limited power of attorney dated March 2, 2011.

Atlantis Asset Recovery LLC, however, has failed to demonstrate that the person who executed the limited power of attorney is defendant John Campbell, the former owner of the [*3]subject property, and owner of the equity of redemption. Atlantis Asset Recovery LLC does not offer an affidavit with someone with personal knowledge that the "John Campbell," who appointed Atlantis Asset Recovery LLC as its agent, is the same person as defendant John Campbell. In addition, neither the limited power of attorney, nor the "Amended Asset Recovery Agreement," submitted by Atlantis Asset Recovery LLC, addresses the issue.

Under such circumstances, the motion is denied without prejudice to renewal upon proper papers and proper notice.

The foregoing constitutes the decision, order, and opinion of the Court.

______________________________Hon. Charles J. Markey

Justice, Supreme Court, Queens County

Dated: Long Island City, New York

June 20, 2012