RSS Feed
 |
|
||||||||||||||||||||||||||||||
|
PUBLIC NOTICES
STEVEN J. BAUM, P.C., Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 10/15/ 2007 07-476 10/25, 11/1,8,15
SUPREME COURT - COUNTY OF SUFFOLK U.S. BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF ASSET BACKED SECURITIES CORPORATION, HOME EQUITY LOAN TRUST 2004-HE6, ASSET BACKED PASSTHROUGH CERTIFICATES, SERIES 2004- HE6, Plaintiff against JOYCE TAYLOR, CRAIG TAYLOR, Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered on May 25, 2007. I, the undersigned Referee will sell at public auction on the front steps of the Babylon Town Hall, 200 East Sunrise Highway, North Lindenhurst, N.Y. on the 3rd day of December, 2007 at 9:30 a.m. premises Beginning at a point on the southerly side of State Avenue distant 360 feet westerly from the corner formed by the intersection of the southerly side of State Avenue with the westerly side of Russell Street; being a plot 100 feet by 60 feet by 100 feet by 60 feet. Said premises known as 32 State Street, Wyandanch, N.Y. 11798, (Section: 080.00 Block: 01.00, Lot: 091.00). Approximate amount of lien $ 182,053.02 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 14072/05. Anton J. Borovina, Esq., Referee. DeRose & Surico Attorney(s) for Plaintiff 213-44 38th Avenue Bayside, N.Y. 11361 07-506 11/1, 8, 15, 22
RESURGENT CAPITAL SERVICES, L.P., Plaintiff(s) vs. MARIE MINUTILLO; IPA ASSET MANAGEMENT II, LLC, Defendant(s) Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI & ASSOCIATES, P.C., 51 E. Bethpage Road, Plainview New York 11803 516-741- 2585 Pursuant to judgment of foreclosure and sale entered herein on or about August 2, 2007, I will sell at Public Auction to the highest bidder at BABYLON TOWN HALL, 200 E. SUNRISE HWY., NO. LINDENHURST, NY. On November 29, 2007 at 10:00 AM Premises known as 227 Tremont Road, Lindenhurst, NY 11757 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and improvements thereon erected, situate, lying and being at Lindenhurst, in the Town of Babylon, County of Suffolk and State of New York, known and designated as Lot 13 to 16 inclusive in Block 15 on a certain map entitled, "Map of Colonial Park, situated at Lindenhurst, in the Town of Babylon, Long Island, New York, property of Colonial Press" and filed in the Office of the Clerk of the County of Suffolk on June 4, 1906, as Map Number 125. District: 0100 Section: 155.00 Block: 01.00 Lot: 003.000 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 $70,764.21 plus interest and costs. INDEX NO. 06/14870 LISA M. PACE, Esq., REFEREE 07-513 11/1, 8, 15, 22 NOTICE OF SALE SUPREME COURT: SUFFOLK COUNTY. BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWMBS, INC. CHL MORTGAGE PASSTHROUGH TRUST 2005- HYB7 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005- HYB7, Pltf. vs. FERNE KORNFELD, et al, Defts. Index #06-28005. Pursuant to judgment of foreclosure and sale dated Aug. 7, 2007, I will sell at public auction at Huntington Town Hall, 100 Main St., Huntington, NY on Nov. 29, 2007 at 10:00 a.m. prem. k/a 12 Beaumont Dr., Melville, NY a/k/a Section 272.00, Block 01.00, Lot 027.000, District 0400. Approx. amt. of judgment is $689,312.39 plus costs and interest. Sold subject to terms and conditions of filed judgment and terms of sale. JANE E. CONWAY, Referee. ESCHEN, FRENKEL, WEISMAN & GORDON, LLP, Attys. for Pltf., 20 West Main St., Bay Shore, NY. #70845 07-514 11/1, 8, 15, 22 NOTICE OF APPLICATION FOR AUTHORITY OF FOREIGN LIMITED LIABILITY COMPANY. Name: EleMental Learning, LLC. Application for Authority under Sec. 802 of the LLCL filed with NY Sec. of State on 9/14/07. Office location: Suffolk County. Purpose: educational tutoring services. SSNY designated as agent of the LLC upon whom process may be served. SSNY shall mail a copy of process to the LLC at 3931 Highknob Circle, Naperville, IL 60564. 07-503 10/25, 11/1/8/ 15/ 22/29 Notice of formation of limited liability company. Name: the Hughes Law Firm, PLLC. Filed with the sec of state on 11-5-07. Office location: Suffolk County. SSNY is designated as agent upon whom process against the LLC may be served. Secretary of state shall mail a copy of any process against the LLC served upon him/her to: 26 Railroad Avenue #351, Babylon NY 11702. general purposes. 07-524 11/15,22,29 12/ 6,13,20 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Islip will hold a public hearing on Tuesday, November 20, 2007 at the Town Hall, 655 Main Street, Islip, NY on the following applications at the times listed or as soon tthereafter as they may be reached. At such time all interested parties will be given an opportunity to be heard. Dated: November 6, 2007 Islip, NY Richard I. Scheyer, Chairman Zoning Board of Appeals 7:00 p.m. - ROBERT FOX and VICTORIA FRIEDMAN - permiiiission to construct dock exceeding maximum length of 8 feet, and to install floating dock of 30 fee instead of permitted 20 feet, both having total length of 45 feet, Res. AAA District, east side of Lawrence Lane (#51A), 1,835.54 feet south of Manatuck Lane, Bay Shore, NY (0500-460.00- 01.00-044.000) 7:30 p.m. - HILDA LIBLIT as TRUSTEE OF THE HILDA LIBLIT REVOCABLE LIVING TRUST - permission to leave dwelling on lot not having required width of 150 feet throughout, lot area of 16,256 sq. feet instead of required 40,000 sq. feet, having front yard setback of 40.9 feet instead of required 50 feet and side yards of 14.4 feet and 21 feet instead of required 25 feet each, total side yards of 35.4 feet instead of required 60 feet, Res. AAA District, north side of South Court (#9), 110 feet east of South Penataquit Avenue, Bay Shore, NY ( 0 5 0 0 - 4 2 0 - 0 0 - 0 3 . 0 0 - 020.000) 7:45 p.m. - SOUTHSIDE HOSPITAL, INC. - permission to erect 3 facial signs of 53 sq. feet, 191 sq. feet, and 233 sq. feet, instead of the permitted signs area of 16 sq. feet, and having height of 90 feet instead of permitted 12 feet, GSC District, northwest corner of Montauk Highway (#301) and North Montgomery Avenue, Bay Shore, NY ( 0 5 0 0 - 3 9 4 . 0 0 - 0 1 . 0 0 - 008.002) 7:45 p.m. - ANNA MARIA BREWER - permission to leave second story addition (42.5 x 24.5' Irrg) having side yard of 4.97 feet instead of required 14 feet, total side yards of 25.5 feet instead of required 28 feet floor area ratio of 38.9'% instead of permitted 25%, to leave deck with side yard of 0 feet instead of required 6 feet, rear yard of 0' instead of required 10 feet and rear yard occupancy of 75.3% instead of permitted 25%, Res. B District, north side of Sutton Court (#61) 278.1 feet east of Lawn Avenue, West Islip, NY (0500- 466.00-01.0-068.000) 07 B District, north side of Sutton Court (#61) 278.1 feet east of Lawn Avenue, West Islip, NY (0500- 466.00-01.0-068.000) 07-525 11/15 WEST ISLIP UNION FREE SCHOOLS DISTRICT West Islip, New York LEGAL NOTICE Notice is hereby given that sealed bids will be received and publicly read by the Board of Education, West Islip Union Free School District, Town of Islip, West Islip, Suffolk County, New York, on Tuesday, December 4, 2007 at 11:00 AM for the following bid: Roll Paper Towels and Toilet Tissue Sealed bids should e addressed to the attention of Robert Nocella, Purchasing Agent, West Islip Union Free School District, Business Office, 100 be addressed to the attention of Robert Nocella, Purchasing Agent, West Islip Union Free School District, Business Office, 100 Sherman Avenue, West Islip, NY 11795. All bids must be submitted to the Office of the Purchasing Agent on or before the date of opening in sealed envelopes, bearing on the outside the name and address of the bidder and the title of the bid in the lower left hand corner. Detailed specifications may be obtained at the above address. The Board of Education reserves the right to reject any and all bids, or to award contracts which, it its' judgment, are best for the school district. Dated: November 15, 2007 By Order of BOARD OF EDUCATION West Islip Union Free School District Town of Islip West Islip, NY 11795 Robert Nocella Purchasing Agent 07-526 11/15 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK ARGENT MORTGAGE COMPANY, LLC C/O AMC MORTGAGE SERVICES, INC., Plaintiff, AGAINST JAMES W. FIORENZA, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 10/12/2006, 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 12/13/2007 at 9:30 AM, premises known as 851 Brook Street, West Babylon, NY 11704. 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: 209.00- 01.00-042.000. Approximate amount of judgment $366,783.03 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #12934/06. WILLIAM FARRELL, Referee, STEVEN J. BAUM, P.C., Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 11/5/ 2007 07-528 11/15, 22, 29, 12/6 NOTICE OF SPECIAL DISTRICT MEETING NORTH BABYLON UNION FREE SCHOOL DISTRICT IN THE COUNTY OF SUFFOLK, NEW YORK NOTICE IS HEREBY GIVEN that pursuant to a resolution of the Board of Education of the North Babylon Union Free School District, in the County of Suffolk, New York, adopted on September 20, 2007, a Special District Meeting of the qualified voters of said District will be held on TUESDAY, NOVEMBER 20, 2007 from 7:00 o'clock A.M. to 9:00 o'clock P.M. (Prevailing Time) at the following voting places in the District: Marion G. Vedder Elementary School, for those persons residing in Election District No. 1; Parliament Place Elementary School, for those persons residing in Election District No. 2; Woods Road Elementary School, for those persons residing in Election District No. 3; and Belmont Elementary School, for those persons residing in Election District No. 4; for the purpose of voting upon the following Proposition: EXCEL PROPOSITION RESOLVED: (a) That the Board of Education of the North Babylon Union Free School District, in the County of Suffolk, New York (the "District"), is hereby authorized to construct improvements and alterations to various District buildings (herein referred to as the "EXCEL Project") substantially as described in the plan entitled "Proposed Bond Worksheet 2007" and prepared for the District by Wiedersum Associates (the "Plan"), which Plan is on file and available for public inspection in the office of the District Clerk, such EXCEL Project to include: improvements to the heating, ventilation, air conditioning, security, fire safety, public address, telephone, and electrical systems; drainage, structural and masonry improvements; floor replacements; science room renovations; athletic and recreation improvements, including track resurfacing and playground improvements; and parking area improvements; the foregoing to include all original equipment, furnishings, machinery, apparatus and ancillary or related site, demolition and other work required in connection therewith; and to expend therefor, including preliminary costs and costs incidental thereto and to the financing thereof, an amount not to exceed the estimated total cost of $3,579,000; provided that the estimated costs of the components of the EXCEL Project as set forth in de tail in the Plan may be reallocated among such components if the Board of Education shall determine that such reallocation is in the best interests of the District; (b) that the District (i) has been allocated and expects to receive $1,625,052 aid from the State of New York (the "State") under the new "Expanding our Children's Education and Learning" (herein called "EXCEL") aid program, and (ii) also expects to receive other State aid to pay the balance of the cost of the EXCEL Project; all of such EXCEL and other State aid to be received as reimbursement to the District, by the State, following the payment of the cost of said EXCEL Project by the District; (c) that to finance the cost of the Project prior to the receipt of EXCEL and other State aid, a tax in the amount of not to exceed $3,579,000 is hereby authorized, such tax to be levied and collected in installments in such years and amounts as shall be determined by the Board of Education; and in anticipation of such tax the District may issue bonds and notes, and a further tax is hereby authorized to pay the interest on such bonds and notes as the same become due and payable; and (d) the amount of taxes hereby authorized shall be offset and reduced by any and all amounts of EXCEL and other State aid received for the EXCEL Project by the District, and the District expects that the aggregate amount of said EXCEL and other State aid will be sufficient to pay substantially all costs of the EXCEL Project and substantially all costs of financing. The EXCEL Proposition shall appear on the ballot to be presented to the voters at said Special District Meeting in substantially the following condensed form: EXCEL PROPOSITION YES NO RESOLVED: (a) That the Board of Education of the North Babylon Union Free School District, in the County of Suffolk, New York (the "District") is hereby authorized to construct improvements and alterations to various District buildings, and to expend not to exceed $3,579,000 therefor; (b) that the District expects to receive aid from the State of New York sufficient to pay substantially all of the cost thereof; (c) that to finance the cost of the Project prior to the receipt of EXCEL and other State aid, a tax in the amount of not to exceed $3,579,000 is hereby authorized, such tax to be levied and collected in installments in such years and amounts as shall be determined by the Board of Education; and in anticipation of such tax the District may issue bonds and notes, and a further tax is hereby authorized to pay the interest on such bonds and notes as the same become due and payable; and (d) the amount of taxes hereby authorized shall be offset and reduced by any and all amounts of such aid received by the District, and the District expects that the aggregate amount of such aid will be sufficient to pay substantially all costs of the EXCEL Project and the financing thereof. The voting will be conducted by ballot on voting machines as provided in the Education Law and the polls will remain open from 7:00 o'clock A.M. to 9:00 o'clock P.M. (Prevailing Time) and as much longer as may be necessary to enable the voters then present to cast their ballots. PERSONAL REGISTRATION IS REQUIRED IN ORDER TO VOTE. In order to register, a person must be: a citizen of the United States; at least 18 years of age; and a resident of the District for a period of thirty days next preceding the election at which he/she offers to vote. The register of the qualified voters of said School District prepared for the Annual District Meeting and Election held on May 15, 2007 shall be used as the basis for the preparation of the register for said Special District Meeting to be held on November 20, 2007. Any person whose name appears on such register or who shall have been previously registered hereunder for any Annual or Special District Meeting or election and who shall have voted at any annual or special meeting or any election held or conducted at any time since January 1, 2003, will not be required to register personally for this Special District Meeting. In addition, any person otherwise qualified to vote who is registered with the Board of Elections of Suffolk County under the provisions of the Election Law, shall be entitled to vote at said Special District Meeting without further registration. The Board of Registration will meet at the District's Business Office/District Clerk's Office on Thursday, November 15, 2007 between the hours of 9:00 o'clock A.M. and 4:00 o'clock P.M. (Prevailing Time ) to add any additional names to the register to be used for said Special District Meeting, at which time any person entitled to have his or her name placed on such register, provided that he or she is known or proven to be then or thereafter entitled to vote at such Special Dis trict Meeting for which said register is prepared. Immediately upon its completion, said register will be filed in the office of the District Clerk, 5 Jardine Place, North Babylon, New York, and will be open for inspection by any qualified voter of the District between the hours of 9:00 o'clock A.M. and 4:00 o'clock P.M. (Prevailing Time) on each of the five days prior to the day of the election, Sunday excepted, and by appointment only on Saturday, November 17, 2007. PLEASE TAKE NOTICE THAT APPLICATIONS FOR ABSENTEE BALLOTS may be applied for at the office of the District Clerk. If the ballot is to be mailed to the voter, the completed application must be received by the Clerk of the District no later than 4:00 o'clock P.M. on November 13, 2007. If the ballot is to be delivered personally to the voter, the completed application must be received by the District Clerk no later than 4:00 o'clock P.M. on November 19, 2007. A list of all persons to whom absentee ballots shall have been issued will be available in the office of the District Clerk on each of the five school days prior to the day of the election, Saturday and Sunday excepted, between the hours of 9:00 o'clock A.M. and 4:00 o'clock P.M. (Prevailing Time). The areas comprising each school voting district are designated as follows: ELECTION DISTRICT NO. 1 - Marion G. Vedder Elementary School - consists of the area bounded on the north by the Southern State Parkway, on the east by the easterly boundary line of "The School District," and on the south by the southerly boundary of "The School District," on the west by the westerly boundary line of the property of the State of New York as same winds and turns from the Village line of the Village of Babylon northerly to the Southern State Parkway. Place of Voting: Marion G. Vedder Elementary School, Deer Park Avenue, North Babylon, New York ELECTION DISTRICT NO. 2 - Parliament Place Elementary School - consists of the area bounded on the north by the northerly line of "The School District," on the east by the easterly line of "The School District," on the south by the Southern State Parkway, and on the west by the easterly side of Deerpark Avenue. PlaceofVoting: Parlia- ment Place Elementary School, Parliament Place, North Babylon, New York ELECTION DISTRICT NO. 3 - Woods Road Elementary School - consists of the area bounded on the north by the northerly boundary of "The School District," on the east by the westerly side of Deerpark Avenue, on the south by the Southern State Parkway, and on the west by the easterly side of Belmont Avenue. PlaceofVoting: Woods Road Elementary School, Woods Road, North Babylon, New York ELECTION DISTRICT NO. 4 - Belmont Elementary School - consists of the area bounded on the north by the northerly line of "The School District," on the east by the westerly side of Belmont Avenue and the westerly boundary line of the property of the State of New York, as same winds and turns from Belmont Lake State Park southerly to the southerly line of "The School District," on the south by the southerly line of "The School District," and on the west by the westerly line of "The School District." Place of Voting: Belmont Elementary School, Barnum Street, North Babylon, New York Only qualified voters who are duly registered will be permitted to vote. BY THE ORDER OF THE BOARD OF EDUCATION Dated: September 20, 2007 MICHAEL J. BUZZEO District Clerk 07-442 10/4, 18, 11/8, 15 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO HOMESIDE LENDING, INC., Plaintiff, AGAINST GERALD MORRIS, ELAINE MORRIS, ET AL. , Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 7/3/2007, 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 12/3/2007 at 9:00 AM, premises known as 325 41ST STREET, COPIAGUE, NY 11726. 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: 201-1-40.001. Approximate amount of judgment $108,870.70 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #22771/06. Philip Goglas, Referee, STEVEN J. BAUM, P.C., Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 10/22/ 2007 07-508 11/1, 8, 15, 22 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WMC MORTGAGE CORP. ITS SUCCESSORS AND ASSIGNS C/O WELLS FARGO BANK, N.A., Plaintiff, AGAINST JOHN GIMELI, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 5/15/ 2006, 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 12/13/2007 at 9:00 AM, premises known as 36 Pearsall Place, Deer Park, NY 11729. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Bablyon, County of Suffolk and State of New York, Section, Block and Lot: 021.00- 02.00-010.000. Approximate amount of judgment $252,076.07 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #20750/05. Dennis O'Doherty, Jr., Esq., Referee, STEVEN J. BAUM, P.C., Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 11/7/ 2007 07-527 11/15, 22, 29, 12/6 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - LONG BEACH MORTGAGE COMPANY C/O GMAC MORTGAGE CORPORATION, Plaintiff, AGAINST LISA A. REIM, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 10/12/2007, 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 12/13/2007 at 10:30 AM, premises known as 199 ARNOLD AVENUE, West Babylon, NY 11704. 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: 216.00-01.00- 007.000. Approximate amount of judgment $79,226.74 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #33858/06. Ernest R. Wruck, Esq., Referee, STEVEN J. BAUM, P.C., Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 11/8/ 2007 07-529 11/15, 22, 29, 12/6 SUPPLEMENTAL SUMMONS AND NOTICE - SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SUFFOLK - CITIMORTGAGE, INC. against THOMASZ L. DWORAK, if living and if he be dead, any and all other persons, who may claim as devisees, distributees, legal representatives and successors in interest of said defendant, all of whom and whose places of residence are unknown to the plaintiff and cannot after diligent inquiry be ascertained, et al. Index no. 8749/07 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 Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after the service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the 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 a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY FO YOUR ANSWER ON THE AATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. HELP FOR HOMEOWNERS IN FORECLOSURE; New York State law requires that we send you this notice about the foreclosure process. Please read it carefully. Mortgage foreclosure is a complex process. Some people may approach you about "saving" your home. You should be extremely careful about such promises. The state encourages you to become informed about your options in foreclosure. There is Government agencies, legal aid entities and other nonprofit organizations that you may contact for information about foreclosure while you are working 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 at 1-877-226-5697 or visit the department's website at: http:// www.banking.state.ny.us/. The State does not guarantee the advice of these agencies. The foregoing summons is served upon you by publication pursuant to an order of the Honorable Peter Fox Cohalan dated on October 2nd, 2007. The object of this action is to foreclose a mortgage recorded on Octobe13th, 2005 Liber 21150 and Page 31 and covering the premises known as 436 Herzel Boulevard, West Babylon, NY. Situate in the Town of Brookhaven, County of Suffolk and state of new York located at District 0100, Section 129.00 Block 02.00 and Lot 058.000. Berkman, Henoch, Peterson & Peddy, P.C., Attorney for Plaintiff, 100 Garden City Plaza, Garden City, NY 11530 516) 222-6200. 07-505 11/1, 8, 15, 22 NOTICE OF SALE SUPREME COURT: SUFFOLK COUNTY WELLS FARGO BANK, N.A. AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006- FR2 MORTGAGE PASSTHROUGH CERTIFICATES SERIES 2006-FR2, Plaintiff(s) vs. LESTER PEARSALL; et al., Defendant(s) Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI & ASSOCIATES, P.C., 51 E. Bethpage Road, Plainview New York 11803 516-741- 2585 Pursuant to judgment of foreclosure and sale entered herein on or about October 1, 2007, I will sell at Public Auction to the highest bidder at BABYLON TOWN HALL, 200 E. SUNRISE HWY., NO. LINDENHURST, NY. On December 10, 2007 at 10:00 AM Premises known as 57 Grand Blvd., Wyandanch, NY 11798 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, situate, lying and being in Wyandanch Station, Town of Babylon, Suffolk County, New York, known and designated as and by the Lot Numbers 23 and 24 in Block 7 as laid down on a certain map entitled, "Map of Colonial Springs," situated at Wyandanch Station, Town of Babylon, Suffolk County, New York, Charles Strohmeyer, Jr., Civil Engineer and City Surveyor No. 1472 Jefferson Avenue, Brooklyn, New York, March 18th, 1917 and filed in the Office of the Clerk of Suffolk County as Map Number 223. District: 0100 Section: 057.00 Block: 03.00 Lot: 074.000 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 $210,764.78 plus interest and costs. INDEX NO. 28062/2006 SUSAN SALTZ, Esq., REFEREE 07-522 11/8, 15, 22, 29 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE MLMI TRUST SERIES 2006-WMC1 C/O WILSHIRE CREDIT CORPORATION, Plaintiff, AGAINST JOSEPH V. RUSSO, GERALYN RUSSO, ET AL. , Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 10/2/ 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 12/3/2007 at 10:00 AM, premises known as 118 CLEARWATER ROAD EAST, LINDENHURST, NY 11757. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Copiagne, in the Town of BABYLON, County of Suffolk and State of New York, Section, Block and Lot: 189-4-62, 189-4- 63. Approximate amount of judgment $400,638.25 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #33664/06. William Condon, Esq., Referee, STEVEN J. BAUM, P.C., Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 10/23/ 2007 07-510 11/1, 8, 15, 22 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - WACHOVIA BANK, N.A. AS TRUSTEE FOR THE REGISTERED HOLDERS OF AEGIS ASSET BACKED SECURITIES TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2 C/O OCWEN LOAN SERVICING, LLC, Plaintiff, AGAINST WILFRED CADET, A/K/A WILFRID CADET, ET AL. , Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 9/4/ 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 11/29/2007 at 11:00 AM, premises known as 58 FOOTHILL PLACE, Wheatley Heights, NY 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: 14-3-56.002. Approximate amount of judgment $489,744.02 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #5014/06. Vincent J. Messina, Jr., Esq., Referee, STEVEN J. BAUM, P.C., Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 10/24/ 2007 07-511 11/1, 8, 15, 22 NOTICE OF SALE SUPREME COURT - COUNTY OF SUFFOLK Plaintiff, ULSTER SAVINGS BANK -against- ALLEN TATUM, ET AL., Defendants. Pursuant to a judgment of foreclosure and sale duly dated 9/22/07, I, the undersigned Referee will sell at public auction at the BABYLON TOWN HALL, 200 E. SUNRISE HIGHWAY, NO. LINDENHURST, NY 11757 on NOVEMBER 29, 2007 AT 11:00AM, premises known as 10 SOUTH 22ND STREET, WYANDANCH, NY 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 055.00, Block 02.00, Lot 044.000. Approximate amount of lien $119,489.31 plus interest and costs. Premises will be sold subject to provisions of filed judgment. Index No. 07-09950. KARA L. CHEESEMANBAK, ESQ., REFEREE. STEIN, WIENER AND ROTH, L.L.P., F/K/A STEIN AND SHEIDLOWER, L.L.P., AATTORNEYS FOR PLAINTIFF. ONE OLD COUNTRY ROAD, SUITE 113, CARLE PLACE, NY 11514 DATED OCTOBER 22, 2007 - FILE NO. FULSTER21132 07-504 11/1, 8, 15, 22 NOTICE OF ADOPTION OF RESOLUTION NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 8th day of November, 2007, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 690 NOVEMBER 8, 2007 ADOPTING LOCAL LAW NO. 19 OF 2007 AMENDING THE CODE OF THE TOWN OF BABYLON, CHAPTER 65 TOWN SUPERVISOR, DEPARTMENT OF WHEREAS, the Town Board of the Town of Babylon having duly called and held a Public Hearing at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 8th day of November, 2007 upon the question of enactment of Local Law No. 19 of 2007 of the Town of Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon, Chapter 65, Town Supervisor, Department Of; and WHEREAS, in accordance with Section 617.5 (c) (27) State Environmental Quality Review (SEQR), the Town Board of the Town of Babylon has determined that the proposed local law involves an action that has been determined not to have a significant adverse impact on the environment and no further action with regards to the State Environmental Quality Review Act (SEQRA) is required by the Town Board of the Town of Babylon, NOW, THEREFORE, be it RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law No. 19 of 2007, of the Town of Babylon, Suffolk County, New York, is hereby enacted as follows and effective upon its filing with the New York State Department of State: LOCAL LAW NO. 19 of 2007 A Local Law amending the Code of the Town of Babylon, Chapter 65 in reference to Town Supervisor, Department Of. AMEND: § 6 5 - 8 . Division of Harbor Patrol. (DELETE THIS SECTION). AMEND: § 6 5 - 9 . Division of Public Safety. (DELETE THIS SECTION). DATED:TOWN OF BABYLON NOVEMBER 8, 2007 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 07-535 11/15 NOTICE OF ADOPTION OF RESOLUTION NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 8th day of November, 2007, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 742 NOVEMBER 8, 2007 GRANTING AMENDMENTS TO COVENANTS & RESTRICTIONS, JOB #03-75ADEI, DEER PARK AVENUE VILLAS, LLC, E/S/O DEER PARK AVENUE, 100' N/O LOMBARD STREET, NORTH BABYLON, NEW YORK, SCTM #0100-089.00-02.00- 083.000, 084.000 & 085.000 WHEREAS, Deer Park Avenue Villas, LLC, (the "Petitioners") had heretofore petitioned this Board for a change of zone of certain property which is located on the e/s/o Deer Park Avenue, 100' n/o Lombard Street, North Babylon, New York, SCTM #0100-089.00-02.00- 083.000, 084.000 & 085.000 from "E" Business and "C" Residence to Multiple Residence; and WHEREAS, said change of zone was granted by Resolution No. 602 of August 10, 2004; and WHEREAS, an amendment to Covenants and Restrictions of the aforementioned change of zone was previously granted by Resolution No. 642 of September 13, 2006; and WHEREAS, the Petitioners have requested an additional amendment to the Covenants and Restrictions imposed by Resolution Nos. 602 of August 10, 2004 and 642 of September 13, 2006; and WHEREAS, a public hearing was held on said amendment on the 8th day of November, 2007; and WHEREAS, in order to implement the Town's Affordable/ Workforce Housing Program, the Town Board needs to modify said resolution, NOW, THEREFORE, be it RESOLVED, by the Town Board of the Town of Babylon that the request for an amendment to Covenants and Restrictions on Application #03-75ADEI, change of zone from "E" Business and "C" Residence to Multiple Residence, by Deer Park Avenue Villas, LLC, (the "Petitioners") be and the same hereby is granted, subject to the following amended Covenant and Restriction No. 6: 6. Deer Park Avenue Villas, LLC agrees to pay the Town $75,000 for fifteen (15) units totaling $1,125,000, said funds to be paid prior to the issuance of any Certificates of Occupancy for said project in lieu of providing workforce/ affordable housing. and be it further RESOLVED, that in case of any violation or attempted violation of any of the covenants by the owners or their lessees and failure of the owners to remedy any such violation within thirty (30) days after written notice by the Town, the Town shall have the right, on its own motion and after notice, to rescind said change of zone and the subject premises shall revert from Multiple Residence to "E" Business and "C" Residence, and be it further RESOLVED, that if the owners hereto, or any of them, their lessees, their heirs, successors, or assignees shall violate or attempt to violate any of the covenants or conditions required by the granting of this permit, it shall be lawful for the Town of Babylon to prosecute any proceedings at law or in equity, including but not limited to enforcement by way of injunctive relief; any remedies chosen by the Town Board to enforce any covenant, restriction or condition herein shall be cumulative and at the discretion of the Town Board as to how best to enforce such covenant, restriction or condition; the election of one method of enforcement shall not constitute a bar to electing any other method of enforcement permitted by law, and be it further, RESOLVED, that the Town Clerk of the Town of Babylon be and hereby is authorized to publish a notice of said amended Covenants and Restrictions in one of the official newspapers of the Town of Babylon. DATED:TOWN OF BABYLON NOVEMBER 8, 2007 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 07-531 11/15 NOTICE OF ADOPTION OF RESOLUTION NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 8th day of November, 2007, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 687 NOVEMBER 8, 2007 ADOPTING LOCAL LAW NO. 16 OF 2007 AMENDING THE CODE OF THE TOWN OF BABYLON, CHAPTER 57 SANITATION COMMISSION WHEREAS, the Town Board of the Town of Babylon having duly called and held a Public Hearing at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 8th day of November, 2007 upon the question of enactment of Local Law No. 16 of 2007 of the Town of Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon, Chapter 57, Sanitation Commission; and WHEREAS, in accordance with Section 617.5 (c) (27) State Environmental Quality Review (SEQR), the Town Board of the Town of Babylon has determined that the proposed local law involves an action that has been determined not to have a significant adverse impact on the environment and no further action with regards to the State Environmental Quality Review Act (SEQRA) is required by the Town Board of the Town of Babylon, NOW, THEREFORE, be it RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law No. 16 of 2007, of the Town of Babylon, Suffolk County, New York, is hereby enacted as follows and effective upon its filing with the New York State Department of State: LOCAL LAW NO. 16 of 2007 A Local Law amending the Code of the Town of Babylon, Chapter 57 in reference to Sanitation Commission. AMEND: § 5 7 - 1 . Establishment; membership. A. There shall be in the Town of Babylon a Sanitation Commission consisting of seven (7) members and one secretary. Five of said members shall be voting members appointed by the Town Board and shall serve at the pleasure of the Town Board from time to time. One of the five shall be appointed by the Town Board to serve as Chairperson and shall serve in such capacity at the pleasure of the Town Board. The remaining two (2) members shall serve ex officio and without compensation. The two (2) ex officio members shall consist of the Commissioner of the Department of Environmental Control or his designee and the Assessor, or his designee. DATED:TOWN OF BABYLON NOVEMBER 8, 2007 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 07-532 11/15 NOTICE OF ADOPTION OF RESOLUTION NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 8th day of November, 2007, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 688 NOVEMBER 8, 2007 ADOPTING LOCAL LAW NO. 17 OF 2007 AMENDING THE CODE OF THE TOWN OF BABYLON, CHAPTER 94 CABARETS AND DANCE HALLS WHEREAS, the Town Board of the Town of Babylon having duly called and held a Public Hearing at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 8th day of November, 2007 upon the question of enactment of Local Law No. 17 of 2007 of the Town of Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon, Chapter 94, Cabarets and Dance Halls; and WHEREAS, in accordance with Section 617.5 (c) (27) State Environmental Quality Review (SEQR), the Town Board of the Town of Babylon has determined that the proposed local law involves an action that has been determined not to have a significant adverse impact on the environment and no further action with regards to the State Environmental Quality Review Act (SEQRA) is required by the Town Board of the Town of Babylon, NOW, THEREFORE, be it RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law No. 17 of 2007, of the Town of Babylon, Suffolk County, New York, is hereby enacted as follows and effective upon its filing with the New York State Department of State: LOCAL LAW NO. 17 of 2007 A Local Law amending the Code of the Town of Babylon, Chapter 94 in reference to Cabarets and Dance Halls. AMEND: § 9 4 - 6 . Temporary license. (DELETE THIS SECTION). DATED:TOWN OF BABYLON NOVEMBER 8, 2007 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 07-533 11/'15 NOTICE OF ADOPTION OF RESOLUTION NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 8th day of November, 2007, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 691 NOVEMBER 8, 2007 ADOPTING LOCAL LAW NO. 20 OF 2007 AMENDING THE CODE OF THE TOWN OF BABYLON, CHAPTER 133, ARTICLE VI SOLID WASTE MANAGEMENT WHEREAS, the Town Board of the Town of Babylon having duly called and held a Public Hearing at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 8th day of November, 2007 upon the question of enactment of Local Law No. 20 of 2007 of the Town of Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon, Chapter 133, Article VI, Solid Waste Management; and WHEREAS, in accordance with Section 617.5 (c) (27) State Environmental Quality Review (SEQR), the Town Board of the Town of Babylon has determined that the proposed local law involves an action that has been determined not to have a significant adverse impact on the environment and no further action with regards to the State Environmental Quality Review Act (SEQRA) is required by the Town Board of the Town of Babylon, NOW, THEREFORE, be it RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law No. 20 of 2007, of the Town of Babylon, Suffolk County, New York, is hereby enacted as follows and effective upon its filing with the New York State Department of State: LOCAL LAW NO. 20 of 2007 A Local Law amending the Code of the Town of Babylon, Chapter 133, Article VI in reference to Solid Waste Management. AMEND: §133-25. Outdoor deposit or storage of waste. A. On private property. (1) It shall be unlawful for any person, as owner, occupant, lessee or agent, or in any other capacity, to store, deposit, place, maintain, suffer or cause or permit to be stored, deposited, placed or maintained outdoors, wholly or partially dismantled and/or covered vehicles; appliances; solid waste; rubbish; paper and paper products; furniture; mattresses; bedding; yard waste; bagged materials; plastic bags either full, partially full or empty; tires; motor vehicle parts; vehicle parts; piles or mounds of grass; vegetation and/or plant clippings; logs; stumps; branches; metal; plastic; cans; beverage and food containers; putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food; cardboard; wood; excelsior and cloth; also food cans; glass food containers and bottles; construction materials and/or construction and demolition debris; plant matter resulting from landscaping activities including but not limited to such items as lawn clippings; tree trimmings; prunings; piles, mounds or stacks of weeds and garden wastes; barrels; cartons; boxes; crates; rugs; clothing; rags; blankets; small tree trimmings; small stumps and similar garden waste; shavings, sawdust and such other materials not otherwise defined herein as may be readily consumed by incineration or debris as defined in this chapter upon any private property within the Town. Nothing in this section shall prohibit the covering of a vehicle which visibly, manifestly, clearly and patently displays a valid license plate, properly issued to said vehicle and properly affixed to said vehicle pursuant to the state issuing said license plates. There shall be a presumption in any proceeding for a violation of this subsection that a covered object which, by its size, shape, appearance, outline and/or the observation of tires or other motor vehicle parts protruding or displayed from under the covering, is a motor vehicle. This presumption may be rebutted by substantial evidence that said object was not a vehicle. DATED:TOWN OF BABYLON NOVEMBER 8, 2007 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 07-536 11/15 NOTICE OF ADOPTION OF RESOLUTION NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 8th day of November, 2007, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 692 NOVEMBER 8, 2007 ADOPTING LOCAL LAW NO. 21 OF 2007 AMENDING THE CODE OF THE TOWN OF BABYLON, CHAPTER 213, ARTICLE XXXI ZONING WHEREAS, the Town Board of the Town of Babylon having duly called and held a Public Hearing at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 8th day of November, 2007 upon the question of enactment of Local Law No. 21 of 2007 of the Town of Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon, Chapter 213, Article XXXI, Zoning; and WHEREAS, in accordance with Section 617.5 (c) (27) State Environmental Quality Review (SEQR), the Town Board of the Town of Babylon has determined that the proposed local law involves an action that has been determined not to have a significant adverse impact on the environment and no further action with regards to the State Environmental Quality Review Act (SEQRA) is required by the Town Board of the Town of Babylon, NOW, THEREFORE, be it RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law No. 21 of 2007, of the Town of Babylon, Suffolk County, New York, is hereby enacted as follows and effective upon its filing with the New York State Department of State: LOCAL LAW NO. 21 of 2007 A Local Law amending the Code of the Town of Babylon, Chapter 213, Article XXXI in reference to Zoning. AMEND: §213-377. Definitions and word usage. A. As used in this article, the following shall be Adult Uses: ADULT BOOK STORES - Any establishment which offers for viewing, sale or rental, for any form of consideration or gratuity, Adult Entertainment through any mediums, as a substantial or significant portion of its business, merchandise and/or stock-intrade. ADULT DRIVE-IN THEATER - A drive-in theater that customarily presents Adult Entertainment in the form of motion pictures, which is not open to the public generally but excludes any minor by reason of age. ADULT ENTERTAINMENT - Includes the causing, permitting or allowing of: [1] Offering printed materials, photographic reproductions or live performances which, applying contemporary community standards, and when taken as a whole, appeal to the prurient interest, are patently offensive and lack serious literary, artistic, political or scientific value and which are characterized by an emphasis on persons who appear in a state of Nudity; and/or which are characterized by an emphasis on persons who expose specified anatomical areas or engage in depiction or description of specified sexual activities; and/or [2] Conduct by employees who, as part of their employment, expose to patrons specified anatomical areas; and/or by two (2) or more persons who congregate, associate or consort for purposes of specified sexual activities, exposure of specified anatomical areas or activities when one (1) or more of them is in a state of Nudity; and/or [3] Offering paraphernalia designed, used or marketed primarily for stimulation of human genital organs or sadomasochistic use or abuse; and/or massage or any other treatment or manipulation of the human body which occurs as a part of, or in connection with, specified sexual activities or where any person providing such massage, treatment or manipulation exposes specified anatomical areas of their body. ADULT ENTERTAINMENT CABARET - A public or private establishment which presents Adult Entertainment in the form of topless dancers, strippers, exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age. ADULT LIVE PERFORMANCES - Adult Entertainment in the form of Live performances which are characterized by an emphasis on persons who appear in a state of Nudity; and/or which are characterized by an emphasis on persons who expose specified anatomical areas or engage in depiction or description of specified sexual activities; and/or conduct by employees who, as part of their employment, expose to patrons specified anatomical areas. ADULT MASSAGE - Adult entertainment in the form of massage or any other treatment or manipulation of the human body which occurs as a part of, or in connection with, specified sexual activities or where any person providing such massage, treatment or manipulation exposes specified anatomical areas of their body. ADULT NOVELTY SHOPS - Any establishment which offers for viewing, sale or rental, for any form of consideration or gratuity, Adult Entertainment and/or adult paraphernalia, as a substantial or significant portion of its business, merchandise and/ or stock-in-trade. ADULT STORE - An establishment having as a substantial or significant portion of its merchandise and/or stock-in-trade of Adult Entertainment: DVD's, CD's or computer games and videotapes, paraphernalia or novelties or adult materials of any type, objects or materials used for sexual purposes, objects which bear a practical resemblance to human sex organs. ADULT VIDEO STORES - Any establishment which offers for viewing, sale or rental, for any form of consideration, Adult Entertainment, such as adult photographic reproductions, as a substantial or significant portion of its business, merchandise and/ or stock-in-trade. ADULT THEATER - A theater that customarily presents Adult Entertainment in the form of motion pictures, films, videotapes or slide shows, which is not open to the public generally but excludes any minor by reason of age. OTHER ADULT COMMERCIAL FACILITIES - Business or commercial enterprises, other than those specifically set forth by definition in this section, that offer or feature, for any form of consideration or gratuity, Adult Entertainment through any medium, as a substantial or significant portion of its business, merchandise and/or stockin trade. PEEP SHOW - A theater which presents Adult Entertainment in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age. B. As used in this article, the following terms shallhave the meanings indicated: ADULT PARAPHERNALIA - Includes instruments, devices, gear, equipment, apparatus, accouterments or other appurtenances which are designed, used or marketed primarily for stimulation of human genital organs or sadomasochistic use or abuse. ADULT PHOTOGRAPHIC REPRODUCTIONS - Includes slides, films, motion pictures, videotapes, video cassettes, compact discs or similar pictorial presentations characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. ADULT PRINTED MATERIALS - Includes books, magazines, periodicals, photographs or other printed matter which are characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. EMPLOYEE - Any person who works or performs in or for an adult establishment, either on a regular basis or on single or multiple separate occasions, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business. NUDITY - The appearance, or state of dress, of a person, viewable by one (1) or more other persons, wherein human genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areola are exposed or less than completely and opaquely concealed. PARK/PARKS - Includes all parks, park reserves, playgrounds, athletic fields, swimming pools, beaches, boardwalks, bowling alleys, skating rinks, theaters, game centers, amusement parks and similar places of amusement, entrances, approaches, facilities and other recreational areas, including structures and buildings owned or used by the Town. SPECIFIED ANATOMICAL AREAS - Includes, with regard to the human body: [1] Genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areola less than completely and opaquely concealed; and/or [2] Male genitals in a discernible turgid state, even if completely and opaquely concealed. SPECIFIED SEXUAL ACTIVITIES - Includes, with regard to the human body, actual or simulated depictions or descriptions of: [1] Genitals in a state of sexual stimulation or arousal; and/or [2] Acts of masturbation, sexual intercourse or sodomy; and/or [3] Fondling or other erotic touching of genitals, pubic region, buttocks, anus or female breast. SUBSTANTIAL OR SIGNIFICANT PORTION A. "Substantial or significant portion" shall be determined using the following considerations: (1) Amount of floor area and basement space accessible to customers and allotted to adult entertainment of any type, generally, or as compared to the total floor area and basement space accessible to customers; and/or (2) Amount of adult entertainment stock-intrade of any type accessible to customers, generally, or as compared to total stock accessible to customers; and/or (3) Revenues derived from adult entertainment of any type, generally, or as compared to total revenues; and/or (4) Advertising devoted to adult entertainment of any type, generally, or as compared to total advertising; and/or (5) Use of the establishment for adult entertainment of any type, generally, or as compared to total use thereof. B. However, notwithstanding the above considerations, the following shall be conclusive in determining substantial or significant portion: (1) Forty percent or more of floor area and basement space accessible to customers allotted to adult entertainment of any type; and/or (2) Forty percent or more of its stock-in-trade in adult entertainment materials of any type; and/or (3) Forty percent or more of its gross income derived from adult entertainment of any type; and/ or (4) Forty percent or more of its advertising devoted to adult entertainment of any type; and/or (5) Forty percent or more of its business, generally, engaged in adult entertainment of any kind. DATED:TOWN OF BABYLON NOVEMBER 8, 2007 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 07-537 11/15 NOTICE OF ADOPTION OF RESOLUTION NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 8th day of November, 2007, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 689 NOVEMBER 8, 2007 ADOPTING LOCAL LAW NO. 18 OF 2007 AMENDING THE CODE OF THE TOWN OF BABYLON, CHAPTER 44 PARKS, RECREATION AND CULTURAL AFFAIRS WHEREAS, the Town Board of the Town of Babylon having duly called and held a Public Hearing at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 8th day of November, 2007 upon the question of enactment of Local Law No. 18 of 2007 of the Town of Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon, Chapter 44, Parks, Recreation and Cultural Affairs; and WHEREAS, in accordance with Section 617.5 (c) (27) State Environmental Quality Review (SEQR), the Town Board of the Town of Babylon has determined that the proposed local law involves an action that has been determined not to have a significant adverse impact on the environment and no further action with regards to the State Environmental Quality Review Act (SEQRA) is required by the Town Board of the Town of Babylon, NOW, THEREFORE, be it RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law No. 18 of 2007, of the Town of Babylon, Suffolk County, New York, is hereby enacted as follows and effective upon its filing with the New York State Department of State: LOCAL LAW NO. 18 of 2007 A Local Law amending the Code of the Town of Babylon, Chapter 44 in reference to Parks, Recreation and Cultural Affairs. ADD: §44-15. Division of Harbor Patrol. The Division of Harbor Patrol shall have charge and supervision of the administration and enforcement of the Code of the Town of Babylon relating to waterways within the Town of Babylon. A. Harbormaster. (1) A Harbormaster shall be appointed by the Town Board in the manner specified by applicable civil service laws and in accordance with criteria previously applied. The Harbormaster appointed as of the date of this enactment shall retain his position. (2) A Harbormaster shall possess the powers of peace officers, in accordance with §2.10, Subdivision 19, of the Criminal Procedure Law, and such other powers as may be authorized by law. (3) The salary of the Harbormaster shall be duly fixed by the Town Board in accordance with law. (4) The Harbormaster shall be responsible for maintaining navigable channels to ensure the safe and orderly flow of boating traffic in Town waters. The Harbormaster shall also be responsible for the enforcement of Chapter 86 of the Town Code of the Town of Babylon. B. Bay constables. (1) Bay constables shall be appointed in the manner specified by applicable civil service laws and in accordance with criteria previously applied. The number of bay constables to be appointed shall be fixed by the Town Board by appropriate resolution and shall be subject to increase or decrease as the public interests require. All bay constables appointed as of the date of this enactment shall retain their respective positions. (2) Bay constables shall possess the powers of peace officers, in accordance with §2.10, Subdivision 18, of the Criminal Procedure Law, and such other powers as may be authorized by law. (3) The salaries of the bay constables shall be duly fixed by the Town Board in accordance with law. (4) The bay constables shall be responsible for patrolling and maintaining peace and order on waterways and shall be responsible for enforcement of Chapter 86 of the Town Code of the Town of Babylon. §44-16. Division of Public Safety. A. The Division of Public Safety shall have charge and supervision of the administration and enforcement of Town codes, security for Town buildings and grounds and license investigations. B. The Division of Public Safety shall include ordinance inspectors, guards and park rangers, whose duties and responsibilities are set forth hereinbelow: (1) Ordinance inspectors shall have the responsibility to investigate and issue summonses relating to violation of local municipal ordinances and regulations regarding housing, building, zoning, fire safety, sanitation, amusements, signs, hawking, peddling and other areas concerning public order and safety. (2) The guards shall be responsible for ensuring the safety and security of Town buildings, grounds, materials and equipment against fire, trespass, theft and other hazards. (3) The Division of Public Safety shall, upon request of the Town Clerk or any other agency or department in the Town, review applications for permits or licenses issued pursuant to law. This Division shall investigate the facts and circumstances surrounding the proposed activity subject to licensing, verify the application and recommend to the Town Clerk the determination to be made with respect to such application. The investigations authorized by this subsection shall be conducted with respect to the following activities requiring licenses or permits: (a) Beach vehicle operation. (b) Bingo operations. (c) Amusement and carnival enterprises. (d) Games of chance operations. (e) Junkyard operations. (f) Parades and block parties. (g) Hawking and peddling. (h) Tow truck operation. (i)Video game licenses. (j)Taxi licenses. (k) Carting. (4) The park rangers shall have the responsibility for ensuring the safety and security of Town parks, beaches and recreational areas and any building contained within the parks, beaches and recreational areas. The park rangers shall also be responsible for enforcing Town Code ordinances relating to the parks, beaches and recreational areas and shall possess the powers of peace officers in accordance with §2.10, Subdivision 9, of the Criminal Procedure Law and such other powers as may be authorized by law. DATED:TOWN OF BABYLON NOVEMBER 8, 2007 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 07-534 11/15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - - - - - X In the Matter of the Application of the COUNTY OF SUFFOLK, to Acquire Certain Properties as Set Forth on Maps Entitled, "Maps Showing Properties to Be Acquired for Improvements on C.R.2, Straight Path at Mount Avenue, Phase III, Town of Babylon, Suffolk County, New York." C.P. #5527 - - - - - - - - - X NOTICE OF VERIFIED PETITION Index No. 07-33916 Maps 1 through 4 (Inclusive) SIRS; PLEASE TAKE NOTICE that upon the petition of DAVID P. FISHBEIN, Deputy Bureau Chief/Assistant County Attorney, on behalf of CHRISTINE MALAFI, as County Attorney for the COUNTY OF SUFFOLK dated November 2, 2007, and duly verified on the 1st day of November, 2007 and upon the exhibits annexed thereto, the Petitioner will move this Court at a Special Term, Part IV, of the Supreme Court of the State of New York, to be held at the Courthouse, 400 Carleton Avenue, Central Islip, New York 11722 on the 12th day of December, 2007 at 2:00 o'clock in the afternoon, or as soon thereafter as counsel may be heard, for an Order pursuant to the Eminent Domain Procedure Law authorizing the Petitioner to file certain acquisition maps, in the Office of the County Clerk of the County of Suffolk and that upon such filing of said maps, directing that title to the real property described herein shall vest in the Petitioner, and for the Court to fix a time for the filing of claims pursuant to Section 503 of the Eminent Domain Procedure Law, and for such and further relief as to the Court may seem just and proper. PLEASE TAKE FURTHER NOTICE that annexed hereto is a copy of that portion of the proposed acquisition map(s) affecting your property. Dated: Hauppauge, NY November 2, 2007 CHRISTINE MALAFISuffolk County Attorney Attorney for the Petitioner By: DAVID P. FISHBEIN, Deputy Bureau Chief/Assistant County Attorney Real Estate/Condemnation Bureau Office & P.O. Address H. Lee Dennison Bldg. 6th FL100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, NY 11788 Tel. (631) 853-5133 07-530 11/15, 22, 29 Suffolk County Department of Public Works CR-2 Map Number:1 Property To Be Acquired From ERA Realty Co. Reputed Owner) Town of Babylon Tax Map No. 0100-055.00- 03.00-001.000 p/o All that certain lot or parcel of land situate lying and being in The Town of Babylon, County of Suffolk, State of New York for the reconstruction of County Road No. 2 as shown on Map No. 1 and more particularly bounded and described as follows: Beginning at a corner formed by the intersection of the easterly line of CR2, Straight Path (variable width ROW) with the southwesterly line of Mount Avenue (50ft. wide R.O.W.), having a New York State Plane (NAD-83), LI Zone Coordinate System value of N212670.68 and E1160684.45, being the northern most corner of the lands herein, described; thence 1) South 25° 53 18" East, along said line of Mount Avenue, 136.88 feet to a corner therein; where the same is intersected by the dividing line between the lands now or formerly of ERA Realty Co. and lands now or formerly of Katie M. Cobb, being the southeasterly corner of the lands herein described; thence 2) South 67° 19' 30" West, 11.03 feet to a corner in the same, being in the southerly line of the lands herein described; thence 3) South 21° 45' 15" West, partly along said dividing line between lands, 0.21 feet to a point therein, being a point of non-tangency on a 152.00 ft. radius curve, being in the southerly line of the lands herein described; thence, the following two (2) courses through and across the lands of ERA Realty Co. 4) In a northwesterly direction, along a curve to the left, having a radius of 152.00 feet, an arc length of 60.70 feet to a point of non-tangency therein, in the same, being in the southerly line of the lands herein described thence 5) South 60° 00' 35" West, 53.96 feet to a point on the aforesaid easterly line of Straight Path (a.k.a. CR-2), being the southwesterly corner of the lands herein described; thence 6) North 21° 25' 26" East, along said line of Straight Path, 130.62 feet to the point and place of Beginning Containing, within said bounds, 5,245+ square feet or 0.12 acres, be the same, more or less. Subject to Easements, Restrictions and Reservations of record. Excepting also and reserving to any and all utilities the right of access at all times for the update, maintenance and service of their facilities. NEB:PGM:tdv Suffolk County Department of Public Works CR-2 Map Number 2 Property To Be Acquired From Katie M. Cobb Reputed Owner) Town of Babylon Portion of Tax Map No. 0100-055.00- 03.00-020.000 p/o All that certain lot or parcel of land situate, lying and being in The Town of Babylon, County of Suffolk, State of New York for the reconstruction of County Road No. 2 as shown on Map No. 2 and more particularly bounded and described as follows: Beginning at a point on the southwesterly line of Mount Avenue (50 ft. wide R.O.W.) where the same is intersected by the dividing line between the lands now or formerly of Katie M. Cobb and lands now or formerly of ERA Realty Co., having a New York State Plane (NAD-83), LI Zone Coordinate System value of N212547.54 and E1160744.21, being the northern most corner of the lands herein described; thence 1) South 25° 53' 18" East, along said line of Mount Avenue, 70.73 feet to point therein; being the southern most corner of the lands herein described; thence, the following two (2) courses through and across the lands now or formerly of Katie M. Cobb: 2) North 30° 59' 14" West, 34.13 feet to a point of curve in the same, being in the westerly line of the lands herein described; thence 3) In a northwesterly direction, along a curve to the left, having a radius of 152.00 feet, and arc length of 38.27 feet to a point of non-tangency in the first mentioned dividing line between lands, being the western most corner of the lands herein described; thence the following (2) courses along said dividing line between lands: 4) North 21° 45' 15" East, 0.21 feet to a corner in the same; thence 5) North 67° 19' 30" East, 11.03 feet to the point and place of Beginning. Containing, within said bounds, 284 + square feet or 0.007 acres, be the same, more or less. Subject to Easements, Restrictions and Reservations of record. Excepting also and reserving to any and all utilities the right of access at all times for the update, maintenance and service of their facilities. NEB:PGM:tdv CR-2 Map Number: 3 Property To be Acquired From County of Suffolk (Reputed Owner) Town of Babylon Tax Map No. 0100-055- 03.00-021.000 All that certain lot or parcel of land situate, lying and being in The Town Babylon, County of Suffolk, State of New York for the reconstruction of County Road No. 2 as shown on Map No. 3 and more particularly bounded and described as follows: Beginning at a corner formed by the intersection of the southerly line of Lake Drive (50 ft. wide R.O.W.) with the Northeasterly line of Mount Avenue (50ft. wide R.O.W.) on a 680.45 ft. radius curve to the left, having a New York State Plane (NAD-83), LI Zone Coordinate System value of N212641.71 and E1160754.08, being the western most corner of the lands described herein; thence 1) Along said curve to the left in an easterly direction, along said line of Lake Drive, an arc length of 157.25 feet to a point on said curve, where the same is intersected by the dividing line between the lands now or formerly of the County of Suffolk and lands now or formerly of Samo Realty, Inc., being the northern most corner of lands described herein; thence 2) South 25° 53' 18" East, along said dividing line between lands, 45.08 feet to its intersection with the dividing line between lands now or formerly of the County of Suffolk and lands now or formerly of Gail and Howard Terrell, being the eastern most corner of lands described herein; thence 3) South 64° 06' 42" West, along the last mentioneed dividing line between lands, 150.00 feet to a point on the aforesaid northeasterly line of Mount Avenue, being the southern most corner of lands described herein; thence 4) North 25° 53' 18" West, along said line of Mount Avenue, 91.09 feet to the point and place of Beginning. Containing, within said bounds, 9,738 square feet or 0.224 acres, be the same, more or less. Subject to Easements, Restrictions and Reservations of record. Excepting also and reserving to any and all utilities the right of access at all times for the updated maintenance and service of their facilities. Described by: NEB Dated: 1/09/04 Checked by: GS Date: 1/12/04 CR-2 Map Number: 4 Property To Be Acquired From Salvatore Pirinea (Reputed Owner) Town of Babylon Portion of Tax Map No. 0100-055- 02.00-084.000 p/o All that certain lot or parcel of land situate, lying and being in The Town of Babylon, County of Suffolk, State of New York for the reconstruction of County Road No. 2 as shown on Map No. 4 and more particularly bounded and described as follows: Beginning at a corner formed by the intersection of the northwesterly line of Straight Path (a.k.a. CR-2) (variable width ROW) with the easterly line of South Twentieth (20th) Street (50ft wide R.O.W.)., having a New York State Plane (NAD-83), LI Zone Coordinate System value of N212684.01 and E1160566.91, being the southern most corner of the lands herein described; thence 1) North 17° 04' 51" West, along said line of S. Twentieth Street, 27.22 feet to corner therein; where the same is intersected by the dividing line between the lands now or formerly Salvatore Pirinea and lands now or formerly of Straight Path Realty Corp., being the northern most corner of the lands herein described; thence 2) South 37° 15' 11" East, through and across the lands now or formerly of Salvatore Pirinea, 29.00 feet to a point in the aforesaid northwesterly line of Straight Path, being the eastern most corner of the land herein described; thence 3) South 72° 55' 09" West, along said line of Straight Path, 10.00 feet to the point and place of Beginning Containing, within said bounds, 136 square feet or 0.003 acres, be the same, more or less. Subject to Easements, Restrictions and Reservations of record. Excepting also and reserving to any and all utilities the right of access at all times for the update, maintenance and service of their facilities. Described by: NEB Date: 1/09/04 Checked by: GS
Date: 1/12/04
|
for larger version       |
|||||||||||||||||||||||||||||
)
)
)
)
