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2007-12-26 / Legals

PUBLIC NOTICES- Your Right to Know!

Notice of Formation of Amber Court of Smithtown Realty LLC Arts. Of Org. filed with NY Secy. Of State (SSNY) on 11/15/07. Office location: Suffolk County. SSNY is designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to. 3400 Brush Hollow Rd, Westbury, NY 11590. Purpose: any lawful activity. 6x 1/02/08 #466-RECORD

Amityville Record SUPREME COURT - COUNTY OF SUFFOLK WELLS FARGO BANK, N.A., AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2005-OPT1, Plaintiff against NAHEED KHAN A/K/A NAHEED CHAUDHRY, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered on November 8, 2007. I, the undersigned Referee will sell at public auction at the Babylon Town Hall, 200 E. Sunrise Highway, No. Lindenhurst, N.Y. on the 8th day of January, 2008 at 10:00 a.m. premises Beginning at a point on the Easterly side of Briarwood Road, distant 281.00 feet southerly from the extreme southerly end of an arc which connects the southerly side of East Neck Road with the easterly side of Briarwood Road; being a plot of 125.00 feet by 100.00 feet by 125.00 feet by 100.00 feet. Said premises known as 15 Briarwood Road, Wheatley Heights, N.Y. 11798. Tax account number: SBL #: 009.00-02.00-015.000, District: 0100. Approximate amount of lien $ 386,552.84 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 20139/06. Arthur E. Shulman, Esq., Referee. Fein Such & Crane, LLP Attorney(s) for Plaintiff 747 Chestnut Ridge Road Suite 200 Chestnut Ridge, N.Y. 10977 "If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's attorney." 4x 12/26/07 # 467- RECORD

NOTICE OF SALE SUPREME COURT COUNTY OF SUFFOLK, AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. TIMOTHY O'HARA; JUSTINE O'HARA; JOAN O'HARA, ET AL., Defendant(s). Pursuant to a Judgment of Foreclosure and Sale duly filed on March 14, 2006, I, the undersigned Referee will sell at public auction at the Babylon Town Hall, 200 East Sunrise Highway, North Lindenhurst, NY, on January 9, 2008 at 09:00 AM, premises known as 16 Seley Drive, North Babylon, NY. All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Babylon, County of Suffolk and State of New York, Section 120.00, Block 01.00 and Lot 148.000. Approximate amount of Judgment is $275,052.59 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index # 15231/05. Joseph C. Hubbard, Referee Knuckles & Komosinski, P.C., 220 White Plains Road, 6th Floor, Tarrytown, NY 10591, Attorneys for Plaintiff 4x 12/26/07 #468- RECORD

NOTICE OF SALE SUPREME COURT - COUNTY OF SUFFOLK NORWEST MORTGAGE, INC., A CALIFORNIA CORPORATION \Plaintiff, AGAINST Sharlene D. Warthen, et al. Defendant(s) Pursuant to a judgment of foreclosure and sale duly dated 4/10/2007 I, the undersigned Referee will sell at public auction at the Front Steps of Babylon Town Hall, 200 East Sunrise Highway, North Lindenhurst, New York on 1/7/2008 at 9:30 AM premises known as 67 Lincoln Avenue, Wyandanch, New York 11798 All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Babylon, County of Suffolk and State of New York Section, Block and Lot: 079.00-03.00-065.001 Approximate amount of judgment $330,647.18 plus interest and costs Premises will be sold subject to provisions of filed Judgment Index #97-6994 Thomas Stephen Zawyrucha, Esq., Referee Steven J. Baum, P.C., Attorney for Plaintiff,

P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 11/27/2007 4x 12/26/07 #469- RECORD

NOTICE OF SALE SUPREME COURT: SUFFOLK COUNTY DLJ MORTGAGE CAPITAL, INC, Plaintiff(s) vs. VILMA M. FLORES; LEONZO REYES-NUNEZ, et al., Defendant(s) Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI & ASSOCIATES, P.C., 26 Har- vester Avenue, Batavia New York 14020 (585) 815- 0288 Pursuant to judgment of foreclosure and sale entered herein on or about November 14, 2007, I will sell at Public Auction to the highest bidder at Islip Town Hall, 655 Main Street, Islip, NY 11751. On January 7, 2008 at 2:00 PM Premises known as 320 Barleau Street, Brentwood, New York 11717 ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, situate, lying and being in the Town of Islip, County of Suffolk and State of New York, as shown on a certain map entitled, "Map of Brentwood Park Improvement Company", which map was filed in the Office of the Clerk of the County of Suffolk on February 5, 1889 as Map Number 45, known and designated as Lot Numbers 7, 8, and 9, Block 182. District: 0500 Section: 093 Block: 04 Lot: 003 As more particularly described in the judgment of foreclosure and sale. Sold subject to all of the terms and conditions contained in said judgment and terms of sale. Approximate amount of judgment $422,934.88 plus interest and costs. INDEX NO. 34736/06 Karyn E. Bell, Esq., REFEREE 4x 12/26/07 #470- RECORD

NOTICE OF LEGAL POSTPONEMENT OF SALE SUPREME COURT - COUNTY OF SUFFOLK HSBC Bank USA, National Association, as Trustee for Home Equity Laon Trust Series ACE 2005-HE5 Plaintiff, AGAINST Maurice Ellis, et al. Defendant(s) Pursuant to a judgment of foreclosure and sale duly dated 8/15/2007 I, the undersigned Referee will sell at public auction at the Front Steps of Babylon Town Hall, 200 East Sunrise Highway, North Lindenhurst, New York on 12/19/2007 at 9:00 AM premises known as 26 Manchester Boulevard, Wheatley Heights, New York 11798 All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Babylon, County of Suffolk and State of New York Section, Block and Lot: Section 16 Block 1 Lot 16 Approximate amount of judgment $385,984.79 plus interest and costs Premises will be sold subject to provisions of filed Judgment Index #06/33269 Mark Anthony Cuthbertson, Esq., Referee Original sale date 12/5/ 2007 at 9:00 AM. Shapiro & DiCaro, LLP, Attorney for Plaintiff, 250 Mile Crossing Boulevard, Rochester, NY 14624 Dated: 12/4/2007 4x 1/2/08 #475-RECORD

Amityville Record SUPREME COURT - COUNTY OF SUFFOLK GMAC MORTGAGE LLC, Plaintiff against PATRICIA BIRT; JOHN BIRT, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered on October 5, 2007. I, the undersigned Referee will sell at public auction at the Babylon Town Hall, 200 East Sunrise Highway, No. Lindenhurst, N.Y. on the 17th day of January, 2008 at 2:30 p.m. premises Beginning at a point on the westerly side of South 28th Street, distant 150.00 feet northerly from the corner formed by the intersection of the westerly side of South 28th Street and the northerly side of Brooklyn Avenue and from said point of beginning; being a plot 100.00 feet by 100.00 feet by 100.00 feet by 100.00 feet. Said premises known as 56 South 28th Street, Wyandanch, N.Y. 11798. Tax account number: SBL #: 054.00-02.00-085.00, District: 0100. Approximate amount of lien $ 337,133.66 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 32313-06. Michael Brown, Esq., Referee. Fein Such & Crane, LLP Attorney(s) for Plaintiff 747 Chestnut Ridge Road Suite 200 Chestnut Ridge, N.Y. 10977 "If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee's attorney." 4x 1/2/08 #477-RECORD

PROBATE CITATION File No. 1970P2007 SURROGATE'S COURT - SUFFOLK COUNTY CITATION THE PEOPLE OF THE STATE OF NEW YORK By The Grace of God Free and Independent FILED SURROGATE'S COURT SUFFOLK COUNTY DEC 03 2007 MICHAEL CIPOLLINO CHIEF CLERK To: Rosemary (DiPietra) Bateman Paul A. DiPietra, if living being the first cousin of decedent, and if dead having predeceased decedent, her issue, if any; or if dead having survived decedent, her distributees, heirs at law, next of kin, executors, administrators, successors and assigns and any other persons who might have an interest in the estate of Rosa L. Fuoco, deceased, as distributees or otherwise all of whose names, whereabouts and addresses are unknown and cannot be ascertained with due diligence. A petition having been duly filed by Gina Cummings, who is domiciled at 2302 Smith Lane, Seaford, NY, YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate's Court, Suffolk County, at the courthouse at 320 Center Drive, Riverhead, NY 11901, on JANUARY 29, 2008, at 9:30 a.m.l, why a decree should not be made in the estate of ROSA L. FUOCO, lately domiciled at 61 Sarah Court, Amityville, NY, admitting to probate a Will dated June 2, 2006, a copy of which is attached, as the Will of Rosa L. Fuoco, deceased, relating to real and personal property, and directing that Letters Testamentary issue to GINA CUMMINGS. Dated, Attested and Sealed: JOHN M. CZYGIER, JR., Surrogate HON. JOHN M. CZYGIER, JR. ATTORNEY: Michael A. Markowitz, P.C. By Michael A. Markowitz, Esq. 1553 Broadway Hewlett, NY1 1557 (516) 295-9061 MICHAEL CIPOLLINO, CHIEF CLERK NOTE: The citation is served upon ;you as required by law. you are not obliged to appear in person. if you fail to appear, it will be assumed that you do not object to the relief requested. You have a right to have an attorney at law appear for you. 4x 1/9/07 #479-RECORD

NOTICE OF FORMATION OF 202 BROADWAY, LLC NOTICE of formation of the following limited liability company (the "company7") is hereby given pursuant to LLCL §206(c): 1. The name of the limited liability Company is: 202 BROADWAY, LLC 2. The date of filign the Articles of Organization with the Secretary of State was: November 30, 2007. 3. The County within New York in which the office of the company is located: Suffolk County. 4. The Secretary of State has been designated as the agent of the Company upon whom process against it may be served and the post office address within the State in which the Secretary of State shall mail a copy of process is: 202 Broadway, LLC c/o Richard G. Handler, Esq., 50 Broadway, Amityville, New York 11701. 5. The duration of the Company is limited to: December 21, 2100. 6. The purpose of the company is to hold real estate and to engage in any other lawful act or business for which a limited liability company may be formed. 6x 1/23/08 #480-RECORD The Annual Meeting of the Wellwood Cemetery Association Inc. ("the Corporation") for the election of Directors and for transactions of such other business as may properly come before the meeting, which will be held in the office of Pryor, Cashman, Sherman & Flynn, 410 Park Avenue, Borough of Manhattan, City of New York on the 15th of January 2008 at 2:00 in the afternoon. Dated January 2008 Frank Rosengarten Secretary 3x 1/9/07 #485-RECORD

PUBLIC NOTICE NOTICE is hereby given that the PLANNING BOARD of the Village of Amityville will hold a Public Hearing in the William Kay Memorial Building, 16 Greene Avenue, Amityville, N.Y. at 8:00 P.M., Wednesday, January 9, 2008 to consider the following applications: APPLICATION OF STEPHEN C. BAXTER FOR SITE PLAN APPROVAL, SUBDIVISION APPROVAL AND ARCHITECTURAL REVIEW pursuant to the erection of twelve (12) two story, one bedroom, one family condominium dwelling units pursuant to Sec. 24- 6(A)(1)(a), Sec. 24- 6(A)(1)(e), Sec. 24- 6(A)(2)(a), Sec. 24-6(A)(2)(f) and Sec. 183-65.4. Premises located on the N/s of Union Ave. approx. 105 ft. W/o Powell Ct. in a Residential C Zone k/a 110 Union Ave. SCTM#101- 6-1-23.3. APPLICATION OF ART OF FORM ARCHITECTURE AS AGENT FOR MONTAUK AMITYVILLE REALTY CORP. FOR SITE PLAN APPROVAL AND ARCHITECTURAL REVIEW for a proposed 10'x40' addition to the existing sales kiosk pursuant to Sec. 24-6(A)(1)(g), 24-6(A)(2)(e) and 183-85. Premises located on the N/W/cnr of Bayview Ave. and Merrick Rd. in a Business 2 zone k/a 318 Merrick Rd. aka SCTM#101-8-1-18. By Order of the Planning Board, Village of Amityville Diane Sheridan, Administrator/ Clerk Dated: 12/19/2007 2x 1/2/08 #486-RECORD LEGAL NOTICE TO TAXPAYERS Notice is hereby given taxpayers of the Town of Babylon, that the Undersigned Receiver of Taxes has received the 2007/2008 Tax and Assessment Roll and Warrant. She will accept payment for taxes at her office in the Town Hall, 200 East Sunrise Highway, N. Lindenhurst, N.Y. 11757 or by mail, beginning December 2007 daily between the hours of 9:00 a.m. to 4:40 p.m. The Tax Office will be closed on Saturdays, Sundays and Holidays. First half taxes are due December 1, 2007 payable to January 10, 2008 without penalty. After January 10, 2008 one percent per month will be added on the first half to May 31, 2008 after which date, additional interest will be charged by the County Treasurer at her office at County Center, Riverhead, N.Y. The Town of Babylon Tax Office will be accepting partial payments with penalty and Discover Card payments with a transaction-fee. We now also offer credit card payment through a telephone service or by an internet service which includes American Express, MasterCard, Visa or Discover. For payments by telephone call 1-800-2PAY-TAX (1-800- 272-9829) or visit the web site at www.officialpayments.com. At the prompt, use Jurisdiction code 4232. You must have your item number and tax amount available. Transaction fees will be charged to the tax-payer based on the amount of the total charge.l Total amount Warrant to be collected by the Receiver of Taxes for the 2007/2008 tax year is $585,268,567.50 Taxes become a lien December 1st of each year. First and Second half payments may be made at the same time. CORINNE DISOMMA RECEIVER OF TAXES DATED AT BABYLON, N.Y. December 7, 2007 2007/2008 TAX RATE ON $100 valuation - TOWN OF BABYLON Valuation of Hamlets and Incorporated Villages Town Outside of Villages.....................$193,934,980.00 Village of Amityville.................................14,379,478.00 Village of Babylon....................................18,187,250.00 Village of Lindenhurst.............................29,208,656.00 2x 12/26/07 #478-RECORD NOTICE OF PUBLIC HEARING TOWN OF BABYLON - ZONING BOARD OF APPEALS Pursuant to Chapter 213, Article II of the Building Zone Ordinance of the Town of Babylon, notice is hereby given that the Town of Babylon Zoning Board of Appeals will hold a Public Hearing at Babylon Town Hall, 200 East Sunrise Highway, North Lindenhurst, New York on Thursday, January 10, 2008, to consider the following applications at the time listed or as soon thereafter as may be heard.

6:00 p.m. 1. Application #07-410 of Norman & Celeste Cowell, 230 W. 20th St., Deer Park, NY. Permission to diminish distance to rear lot line from 6' to 3.3' and to diminish distance to south side yard from 6' to 2.7' for an existing accessory building (shed). All in connection with an existing shed. Property located on the west side of W. 20th St., 475' north of Oakland Ave., Deer Park, NY. SCTM#0100-84-2-122 Zoning District: Residence C Zone

6:00 p.m. 2. Application #07-406 of Elizabeth Duzkeceli, 155 W. 17th St., Deer Park, NY. Permission to diminish north side yard from 10' to 1' and total side yards from 25' to 13'. All in connection with an existing side awning. Property located on the east side of W. 17th St., 143.30' north of Park Ave., Deer Park. SCTM#0100-62-3-8 Zoning District: Residence C Zone

6:00 p.m. 3. Application #07-413 of Jennifer & Brian Lipp, 45 Surf Rd., Lindenhurst, NY. Permission to diminish front yard setback from 30' to 16'; to diminish rear yard setback from 30' to 17.3' with 2' roof overhang stoop encroachment; to diminish distance to north side lot line from 6' to 2.7' for existing hot tub. All in connection with the erection of a front porch, 2nd story addition and 2nd story rear deck (no stairs) and legally maintain a hot tub. Property located on the east side of Surf Rd., 114.05' south of Surf Rd., Lindenhurst, NY. SCTM#0100-190-2-64 & 65 Zoning District: Residence C Zone

6:15 p.m. 4. Application #07-416 of Mehmet Bicer, 891 Little East Neck Rd., W. Babylon, NY. Permission to diminish width at front street line on 48th St from 75' to 59.68'; to diminish total lot area from 75,000 sq ft to 5,258 sq ft; to diminish front yard set back on 48th St from 30' to 19.48'; to diminish front yard setback on Straight Path from 30' to 17.5'; to diminish rear yard setback from 30' to 28' with 2' roof overhang stoop encroachment. All in connection with an existing 1-family dwelling and erection of a 2nd story addition. Property located on the southwest corner of 48th St. & Straight Path, Lindenhurst, NY. SCTM#0100-205-2-45 Zoning District: Residence C Zone

6:15 p.m. 5. Application #07-408 of Dominic Figurito, 1340 Herzel Blvd., W. Babylon, NY. Permission to diminish front yard setback on Herzel Blvd from 30' to 16.6'; to diminish front yard setback on 14th Ave from 30' to 11' with 2' roof overhang encroachment for proposed 2-story addition; to increase height of proposed expanded garage from 14' to 16'; to increase total building area for a detached garage from 500 sq ft maximum allowed to 576 sq ft for 2-car detached garage; to diminish distance to street line on 14th Ave from 40' to 25' for accessory building (detached garage); to diminish distance from north side yard from 2' to 1.2' and to diminish distance to front street line from 40' to 19' for existing accessory structure (shed). All in connection with the erection of a 2nd story front addition, to expand existing 2-car detached garage and an existing shed. Property located on the northwest corner of Herzel Blvd. & 14th Ave., W. Babylon, NY. SCTM#0100-135-1-58 Zoning District: Residence C Zone

6:15 p.m. 6. Application #07-412 of Susai Francis, 765 Fort Salonga Rd., Northport, NY. Permission to diminish width at front street line from 75' to 50'; to diminish total lot area from 7,500 sq ft to 5,000 sq ft; to diminish total side yards from 25' to 20'; to diminish rear yard setback from 30' to 25' with 2' roof overhang stoop and chimney encroachment. All in connection with the erection of a 1-family dwelling with front porch. Property located on the west side of McQue St., 100' south of Nicolls Rd., Wheatley Heights, NY. SCTM#0100-40-1-146 Zoning District: Residence C Zone

6:30 p.m. 7. Application #07-418 of Jose Tejada, 315 Ferraris St., Copiague, NY. Permission to increase height of dwelling from 30' to 31.4'; to diminish front yard setback from 30' to 19.5'; to diminish south side yard from 12' to 10' and total side yards from 30' to 25.8' with 2' roof overhang stoop & chimney encroachment; to diminish distance to north side lot line from 8' to 4' and to diminish distance to rear lot line from 8' to 4.7' for accessory building (2-car detached garage). All in connection with an existing rebuilding of a 1-family dwelling with front porch, 2nd story rear deck with stairs, and 2-car detached garage. Property located on the east side of Bergen Ave., 137.39' south of Angelica Ct., W. Babylon, NY. SCTM#0100-230-1-55 Zoning District: Residence B Zone

6:30 p.m. 8. Application #07-409a of C&S Realty Inc., 1846 White St., Bellmore, NY. Permission to diminish width at front street line from 75' to 70'; to diminish total lot area from 7,500 sq ft to 7,000 sq ft; to diminish east side yard from 10' to 8' with 2' roof overhang encroachment. To subdivide a parcel of land from 140' X 100' into 70' X 100'. All in connection with an existing 1-family dwelling with side porch. Property located on the south side of William St., 118.20' east of Deer St., Wyandanch, NY. (Lot 1) SCTM#0100-57-3-p/o 105.001 Zoning District: Residence C Zone Application #07-409b of C&S Realty Inc., 1846 White St., Bellmore, NY. Permission to diminish width at front street line from 75' to 70'; to diminish total lot area from 7,500 sq ft to 7,000 sq ft. To subdivide a parcel of land from 140' X 100' into 70' X 100'. All in connection with the erection of a 1-family dwelling & front porch. Property located on the south side of William St., 188.20' east of Deer St., Wyandanch, NY. (Lot 2) SCTM#0100-57-3-p/o 105.001 & 106 Zoning District: Residence C Zone

6:30 p.m. 9. Application #07-419 of Richie's Auto Sales Inc., 7 Sherri Ct., Speonk, NY. Renewal of special exception permit to operate a used car lot with the outdoor storage and display of vehicles; permission for outdoor storage an of an office trailer as per site plan. All in connection with an existing building (previously approved for 3 years). Property located on the southwest corner of Route 109 & 4th Ave., Lindenhurst, NY. SCTM#0100-129-5-28, 29, & 30 Zoning District: Business E Zone

6:45 p.m. 10. Application #07-414 of Skidmore Realty, LLC, 950 Johnson Ave., Ronkonkoma, NY. For parcels SCTM#0100-118-2- 25.3 and SCTM#0100-118- 2-25.4 requesting a special exception permit for retail use; to increase front yard setback from 10' to 81'; to diminish off-street parking from 37 spaces required to 22; to increase front yard parking from 0 allowed to 22 spaces proposed. For parcel SCTM#0100-118-2- 25.2 requesting permission to increase front yard setback from 10' to 56'; to diminish north side yard from 19' to 10.8'; to diminish offstreet parking from 43 required to 25; to increase front yard parking from 0 allowed to 6 spaces existing. All in connection with the erection of a retail building on parcels SCTM#0100- 118-2-25.3 and SCTM#0100-118-2-25.4, an existing building on parcel SCTM#0100-118-2-25.2, and the erection of a parking lot to be shared between the three parcels. Property located as follows: SCTM#0100-118-2-25.2 is located on the east side of Skidmore Rd., 156.22' north of Bay Shore Rd., Deer Park, NY; SCTM#0100-118- 2-25.3 & 25.4 is located on the north side of Bay Shore Rd., 518.68' east of Skidmore Rd., Deer Park, NY. SCTM#0100-118-2-25.2, 25.3 & 25.4 Zoning District: Industry G Zone

6:45 p.m. 11. Application #07-411 of Chauncey Henry, 257 40th St., Copiague, NY. Permission to maintain a proprietary home (sober house), a non-permitted use. Property located on the east side of S. 23rd St., 100' north of Jamaica Ave., Wyandanch, NY. SCTM#0100-56-2-54 Zoning District: Residence C Zone ALL PERSONS OR THEIR DULY APPOINTED REPRESENTATIVE MUST APPEAR IN PERSON AT THE ABOVE HEARING. ALL CASES WILL BE HEARD IN THE ORDER IN WHICH THEY ARE ADVERTISED, TO BE FOLLOWED BY ADJOURNED CASES. BY ORDER OF THE ZONING BOARD OF APPEALS THOMAS C. YOUNG, CHAIRMAN Dated: Babylon Town Hall Lindenhurst, New York December 19, 2007 1x 12/27/07 #487- RECORD

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