16440/05. Decided March 30, 2006. Moritt, Hock, Hamroff Horowick, Attorney for Plaintiff, Garden City, NY. Washington Mutual, Inc., Garden City, NY, Hon. Geoffrey J. O'Connell, (mailing address), Mineola, NY. GEOFFREY J. O'CONNELL, J. Respondent applies to the Court for an order pursuant to CPLR 404 and 3211(7) dismissing the Petition for failure to state a cause of action. Petitioner opposes. Petitioner USA Funding is a judgment creditor on a judgment entered on Oct. 21, 2003 by the Nassau County