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PUBLIC NOTICES NOTICE OF SALE SUPREME COURT. SUFFOLK COUNTY. AAMES FUNDING CORPORATION D/B/A AAMES HOME LOAN, Pltf. vs. STEVEN JANKOWIAK, DONNA SALIBA, Defts. Index #05-17925. Pursuant to judgment of foreclosure and sale dated Feb. 7, 2007, I will sell at public auction at Babylon Town Hall, 200 East Sunrise Hwy., No. Lindenhurst, NY on Feb. 1, 2008 at 10:30 a.m. prem. k/a 125 East Belle Terre Ave., Lindenhurst, NY a/k/a Section 189.00, Block 04.00, Lot 045.000, District 0100. Approx. amt. of judgment is $282,196.05 plus costs and interest. Sold subject to terms and conditions of filed judgment and terms of sale. PATRICIA A. DEMPSEY, Referee. ESCHEN, FRENKEL & WEISMAN, LLP, Attys. for Pltf., 20 West Main St., Bay Shore, NY. #71375 08-12 1/10, 17, 24, 31 NOTICE OF SALE SUPREME COURT: SUFFOLK COUNTY. ENCORE CREDIT CORP., Pltf. vs. WILBERT BARRETT, et al, Defts. Index #06-12236. Pursuant to judgment of foreclosure and sale dated Nov. 21, 2007, I will sell at public auction at Babylon Town Hall, 200 East Sunrise Highway, No. Lindenhurst, NY on Feb. 14, 2008 at 10:30 a.m. prem. k/a 336 Skidmore Rd. a/k/a 336 Skidmore Ave., Deer Park, NY a/k/a Section 093.00, Block 01.00, Lot 180.000, District 0100. Approx. amt. of judgment is $419,806.64 plus costs and interest. Sold subject to terms and conditions of filed judgment and terms of sale. DONALD S. SULLIVAN, Referee. ESCHEN, FRENKEL, WEISMAN & GORDON, LLP, Attys. for Pltf., 20 West Main St., Bay Shore, NY. #71416 08-13 1/10, 17, 24, 31 NOTICE OF SALE SUPREME COURT COUNTY OF SUFFOLK, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-R7, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, 2005, WITHOUT RECOURSE, Plaintiff, vs. MATTIE L. PARKS; SAMANTHA MORRIS, ET AL., Defendant(s). Pursuant to a Judgment of Foreclosure and Sale duly filed on January 3, 2008, I, the undersigned Referee will sell at public auction at the Babylon Town Hall, 200 Sunrise Highway, North Lindenhurst, NY, on February 20, 2008 at 11:30 AM, premises known as 49 North 15th Street, Wyandanch, NY. All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Wyandanch, Town of Babylon, County of Suffolk and State of New York, District 0100, Section 040.00, Block 01.00 and Lot 049.000. Approximate amount of Judgment is $255,706.24 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index # 16391/06. Aaron Geffner, Referee Knuckles & Komosinski, P.C., 220 White Plains Road, 6th Floor, Tarrytown, NY 10591, Attorneys for Plaintiff 08-39 1/24, 31, 2/7, 14 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - HSBC BANK USA, N.A., AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-AP1 C/O AMERICA'S SERVICING COMPANY, Plaintiff, AGAINST JOSE PEREZ, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 12/12/2007, 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 2/28/2008 at 11:00 AM, premises known as 221 GREAT EAST NECK ROAD, 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: 218.00-02.00- 044.001. Approximate amount of judgment $340,461.82 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #22948/06. Gregory Florentino, Esq., Referee, PILLAR PROCESSING, LLC, Pillar Processing provides mortgage default services on behalf of Steven J. Baum, P.C., Attorneys for Plaintiff, P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 1/22/2008 08-52 1/31, 2/7, 14, 21 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE HEAT 2005-9 , Plaintiff, AGAINST HENRY MCKEY, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 9/19/ 2007, I, the undersigned Referee will sell at public auction at the Front Steps of Islip Town Hall, 655 Main Street, Islip, New York, on 2/28/2008 at 9:30 AM, premises known as 215 Crooked Hill Road, Islip, NY 11717. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Islip, County of Suffolk and State of New York, Section, Block and Lot: 114-2-59. Approximate amount of judgment $265,611.06 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #06- 31970. Thomas Stephen Zawyrucha, Esq., Referee, SHAPIRO & DICARO, LLP, Attorney for Plaintiff 250 Mile Crossing Boulevard, Rochester, NY 14624 Dated: 1/23/2008 08-53 1/31, 2/7, 14, 21 Notice of Formation of Limited Liability Company: Artisan Building & Renovations, LLC (LLC). Articles of Organization filed with Secy. of State of NY (SSNY) on 11/30/07. Office location: Suffolk County. SSNY is designated as agent of LLC for service of process. SSNY shall mail process to the LLC at 210 Ocean Ave., Amityville, NY 11701. Purpose: any lawful business. ________ 08-54 1/31-2/7,14,21,28, 3/6 SUPREME COURT - COUNTY OF SUFFOLK THE PROVIDENT BANK D/B/A PCFS ,Plaintiff, Against PEDRO GARCIA, et al Defendant(s) Pursuant to a judgment of foreclosure and sale duly dated 12/12/2007 I, the undersigned Referee will sell at public auction at the Islip Town Hall, 655 Main St., Islip, NY on 3/3/2008 at 10:00 AM premises known as 1190 Udall Road, Bay Shore, NY 11706 ALL that certain plot piece or parcel of land, with the buildings and improvements thereon erected situate, lying and being in the Town of Islip, County of Suffolk and State of New York District 0500 Section 242.00 Block 01.00 Lot 024.00 Approximate amount of lien $186,090.92 plus interest and costs. Premises will be sold subject to provisions of filed judgment Index# 05-8633 Stephen F. Zaklukiewicz, Esq., Referee. Jordan S. Katz, P.C., Attorneys at Law, 395 North Service Road, Suite 401, Melville, New York 11747 Dated: 1/17/2008 File #: Jsk5722 jls 08-55 1/31 2/7, 14, 21 NOTICE OF SALE SUPREME COURT - COUNTY OF SUFFOLK CITIMORTGAGE, INC. ,Plaintiff, Against JEAN C. LEFEVRE; ROOD LEFEVRE; et al. Defendant(s) Pursuant to a judgment of foreclosure and sale duly entered 12/31/2007 I, the undersigned Referee will sell at pubbblic auction at the Babylon Town Hall, 200 East Sunrise Highway, North Lindenhurst, NY on 2/29/2008 at 2:00 PM premises known as 43 South 29th Street, 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 District 0100 Section 054.00 Block 04.00 Lot 047.000 Approximate amount of lien $350,682.07 plus interest and costs. Premises will be sold subject to provisions of filed judgment Index# 15510/06 John T. Powers, Esq., Referee. Jon B. Felice & Associates, P.C. (Attorney's for Plaintiff) 11 East 44th Street, Suite 1601 New York, NY 10017 Dated: 1/23/2008 File # CMIF 374 mac 08-56 1/31 2/7, 14, 21 NOTICE OF PUBLIC HEARING BY THE TOWN OF BABYLON ACCESSORY APARTMENT REVIEW BOARD Pursuant to provisions of Local Law # 9 of the Babylon Town Code, notice is hereby given that the Town of Babylon Accessory Apartment Review Board will hold a Public Hearing in the Town Hall, 200 East Sunrise Highway, Lindenhurst, New York on Tuesday evening, February 5, 2008. Public Hearings begin at 7:00 P.M. RENEWAL BY AFFIDAVIT 1. Granz, Ernest H & Elsa M & Michael G & Amy L Kleiber 198 Old Country Rd, Deer Park, NY 11729 2. Otto, Philomena 40 Deer Park Bl, Deer Park, NY 11729 3. Petruzzo, Andrea 24 Oak St, Deer Park, NY 11729 4. Iannotta, Michael & Vivian 115 Wright Ave, Deer Park, NY 11729 5. Searson, Ethel 180 Eastwood Ave, Deer Park, NY 11729 6. Koch, Helen A - LF Estate c/o Bruce J Koch 2 Dakota St, Deer Park, NY 11729 7. Castagnaro, Mario & Felicia 11 Walnut Ave, E Farmingdale, NY 11735 8.Terner, Joseph R & Marcelle 303 Alfred St, North Babylon, NY 11703 9. Hansen, Martin & Claire - LF Estate c/o James & Linda Dormer 312 Glynn St, North Babylon, NY 11703 10. Lombardo, Joseph 634 Interlaken Ln, North Babylon, NY 11703 11. Nguyen, Kim Quy & Chau, Tuan 10 June St, Lindenhurst, NY 11757 12. Small, George & Anna 213 14th St, West Babylon, NY 11704 13. Jockel, Julie 11 Tenety Ave, N Lindenhurst, NY 11757 14. Jaromin, Slawomir & Elzbieta 181 Lafayette Rd, North Babylon, NY 11703 15. Lepicka, Barbara 131 Libety Ave, North Babylon, NY 11703 16. Curcio, Paul & Darlene - LF Estate c/o James & Rita Curcio 325 Lafayette St, Copiague, NY 11726 17. Harwood, Luke & Cronemeyer, Lauren 11 Barnfield Rd, Copiague, NY 11726 18. Sel, Murat 35 Dawes Ave, Amity Harbor, NY 11701 19. Ozcelik, Turker 367 West Dr, Copiague, NY 11726 20. Maniscalco, Dominick 4 Wilson Pl, Lindenhurst, NY 11757 21. Zambito, Pietrina LF Estate c/o John Zambito & Ors 38 Harding Ave, Lindenhurst, NY 11757 22. Cleary, John J & Gloria O 3 Ecker Ave, W Babylon, NY 11704 Printing Instructions: RENEWALS BY AFFIDAVIT APPLICANTS ARE NOT REQUIRED TO APPEAR. ALL CASES WILL BE HEARD IN THE ORDER IN WHICH THEY ARE ADVERTISED. All interested persons should appear at the above time and place by order of Michael Johnson, Chairman, Accessory Apartment Review Board, Town of Babylon, North Lindenhurst, Suffolk County, New York.
Babylon Beacon: Thursday, January 31, 2008 08-58 1/31 NOTICE TO BIDDERS Sealed bids subject to all instructions, terms and conditions herein and pursuant to the specifications, will be received by the Board of Fire Commissioners, West Babylon Fire District at Fire Headquarters, 126 Arnold Avenue, West Babyloon, New York until 7:30 P.M. on February 21, 2008, prevailing time, on the said date for the service as specified and the contracts awarded as soon thereafter as practical for: ALTERATIONS AT STATION NO. 2 Contract No. 1 - General Construction Contract No. 2 - Plumbing Contract No. 3 - Heating, Ventilating and Air Conditioning Contract No. 4 - Electrical Specifications, proposals and proposed contract may be obtained at Fire Headquarters, 126 Arnold Avenue, West Babylon, New York, between the hours of 8:00 A.M. and 4:30 P.M. All bidders must submit a refundable deposit in the amount of $100.00 in the form of a check payable to the West Babylon Fire District to receive the Bid Documents. Any bidder that submits a bid proposal in accordance with Instructions to Bidders and returns the Bid Documents in good condition within fourteen (14) calendar days of the bid opening shall be refunded their deposit in full. All other deposits will be forfeited. Bids must be delivered in sealed envelopes marked "ALTERAAAAATIONS AT STATION NO. 2" to the office of the Board of Fire Commissioners of the West Babylon Fire District by 7:30 p.m. on February 21, 2008. Specifications may be obtained by contacting the District Manager's Office at (631) 669-0766 at Fire Headquarters located at 126 Arnold Avenue, West Babylon, New York between the hours of 8:00 A.M. and 4:00 P.M. daily. Each Bid must be accompanied by a certified check or bid bond in the amount of five (5%) percent of the amount of bid furnished by the bidder. The West Babylon Fire District as purchaser reserves the right to award all or any part of said bid, also to reject all or any part of said bid. Issue Date: January 21, 2008 BOARD OF FIRE COMMISSIONERS WEST BABYLON FIRE DISTRICT 08-62 1/31 SUMMONS AND NOTICE OF OBJECT OF ACTION STATE OF NEW YORK SUPREME COURT: COUNTY OF SUFFOLK ACTION TO FORECLOSE A MORTGAGE INDEX NO.: 20987/07 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INDX 2006-AR7 Plaintiff, vs. ELIANA E. MENDOZA, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR INDYMAC BANK, FSB, Defendant(s). Mortgaged Premises: 166 WASHINGTON AVENUE, BRENTWOOD, NY 11717 SBL #: 94-1-29 TO THE ABOVE NAMED DEFENDANT: 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(s) within twenty 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 case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The Attorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the County of SUFFOLK. The basis of the venue designated above is the location of the Mortgaged Premises. Dated this 28th day of December, 2007, Steven J. Baum, P.C., Attorney(s) For Plaintiff(s), 220 Northpointe Parkway, Suite G, Amherst, NY 14228 TO: ELIANA E. MENDOZA, Defendant(s) In this Action. The foregoing Summons is served upon you by publication, pursuant to an order of HON. PETER FOX COHALAN of the SUPREME Court of the State of New York, dated the 16TH day of NOVEMBER, 2007 and filed with the Complaint in the Office of the SUFFOLK County Clerk, in the City of Riverhead. The object of this action is to foreclose a mortgage upon the premises described below, executed by ELIANA E. MENDOZA dated the 10th day of January, 2006, to secure the sum of $312,000.00 and recorded at Liber 21226 of Mortgages at Page 438 in the Office of the Clerk of the County of SUFFOLK, on the 1st day of February, 2006; said mortgage is to be assigned by an Assignment to be recorded in the Office of the Clerk of SUFFOLK County. The property in question is described as follows: 166 WASHINGTON AVENUE, BRENTWOOD, NY 11717 SEE FOLLOWING DESCRIPTION District 0500, Section 094.00, Block 01.00 and Lot 029.000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Islip, County of Suffolk and State of New York, known and designated as Lot 35 to 38, inclusive, Block 144, on a certain map entitled "Map of Brentwood Park Improvement Company", and filed in the Office of the Clerk of the County of Suffolk on February 5, 1889 as Map No. 45. 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 ANY SUCH PROMISES. THE STATE ENCOURAGES YOU TO BECOME INFORMED ABOUT YOUR OPTIONS IN FORECLOSURE. THERE ARE GOVERNMENT AGENCIES, LEGAL AID ENTITIES AND OTHER NON-PROFIT 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 DEPARMENT AT 1-877-BANK-NYS OR 1- 877-226-5697 OR VISIT THE DEPARTMENT'S WEB SITE AT WWW.BANKING.STATE.NY.US/ NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - EVERHOME MORTGAGE COMPANY, Plain- tiff, AGAINST GREGORY J. BARTZ, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 10/24/ 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 2/8/2008 at 1:00 PM, premises known as 62 MOHAWK DRIVE, North Babylon, NY 11703. 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: 115-2-16. Approximate amount of judgment $177,672.87 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #33845/06. John T. Powers, Jr., Esq., Referee, PILLAR PROCESSING, LLC, Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 1/2/ 2008 08-15 1/10, 17, 24, 31 SUPREME COURT - COUNTY OF SUFFOLK LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE OF THE STRUCTURED ASSET INVESTMENT LOAN TRUST 2003-BC5, Plaintiff against PAULINE SIMS, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale entered on July 29, 2005. I, the undersigned Referee will sell at public auction at the front steps of the Babylon Town Hall, 200 East Sunrise Highway, North Lindenhurst, N.Y. on the 20th day of February, 2008 at 10:30 a.m. premises Beginning at a point on the westerly side of West 1st Street, distant 100.20 feet southerly from the corner formed by the intersection of the southerly side of Central Avenue with the westerly side of West 1st Street; being a plot 100.20 feet by 100.20 feet by 100.20 feet by 100.20 feet. Said premises known as 236 West 1st Street, Deer Park, N.Y. 11729. Tax account number: SBL #: 088.00-03.00-072.000, District: 0100. Approximate amount of lien $ 371,766.21 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 2553/05. Aaron Geffner, 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." 08-27 1/17, 24, 31, 2/7 NOTICE OF SALE SUPREME COURT - COUNTY OF SUFFOLK MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AEGIS MORTGAGE CORPORATION, Plaintiff, -against- THOMAS PENNY, ET AL., Defendants. Pursuant to a judgment of foreclosure and sale duly dated 5/9/07, I, the undersigned Referee will sell at public auction at the BABYLON TOWN HALL, 200 E. SUNRISE HIGHWAY, NORTH LINDENHURST, NY 11757 on FEBRUARY 15, 2008 at 11:00AM, premises known as 56 MUNCY 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 217.00, Block 01.00, Lot 027.000. Approximate amount of lien $290,212.26 plus interest and costs. Premises will be sold subject to provisions of filed judgment. Index No. 06-16463. VINCENT J. MESSINA, JR., ESQ., REFEREE. STEIN, WIENER AND ROTH, L.L.P., F/K/A EDWARD A. WIENER, P.C., ATTORNEYS FOR PLAINTIFF. ONE OLD COUNTRY ROAD, SUITE 113, CARLE PLACE, NY 11514 DATED JANUARY 12, 2008 - FILE NO. EW 06193 07-35 1/17, 2,4 31, 2/7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK - - - - - X BEVERLY MENDES, a/k/ a BEVERLY J. MENDES Petitioner, -against- FIRST FEDERAL FINANCIAL SERVICES LTD., INC. It's successors in interest, assignee, legal representative, trustees, and the CCLERK OF THE COUNTY OF SUFFOLK. Respondents. - - - - - x ORDER TO SHOW CAUSE Index No. 07-35570 LET the Clerk of the County of Suffolk and FIRST FEDERAL FINANCIAL SERVICES LTD., INC., show cause before this Court at an IAS Part thereof, to be held at the SSupreme Court, Griffing Avenue, Riverhead, County of Suffolk, New York, on the 19th day of February, 2008, at 9:30 a.m. in the forenoon of that day why an order should not be made by this court canceling and discharging the mortgage made by Gabrial Mendes and Beverly Mendes, his wife, to First Federal Financial Services Ltd., Inc., in the sum of $20,000.00 dated the 8th day of June, 1990, and recorded in the Office of the Clerk of the County of Suffolk in Liber 16071 of Mortgages, page 580, on the 15th dayy of June, 1990, and directing said Clerk of the County of Suffolk to mark the same as cancelled and discharged, and further ordering and directing that the debt or obligation secured by said mortgage be cancelled. Mortgaged Premises: ALL that certain plot, piece or parcel of land, situate, lying and being at Brentwood, Town of Islip, County of Suffolk and State of New York, known and designated as Lots 688, 689, 690 and parts of 683 and 684, on a certain map entitled, "Map of South Brentwood, surveyed by Manry and Shutt." and field in the Office of the Clerk of the County of Suffolk on May 23, 1872, as Map Number 259. Said premises are commonly known as 1502 Brentwood Road, Bay Shore, New York 11706. CTM - 0500-246.00-03.00- 086.000 Robert E. Brink, Attorney for Petitioner 585 Deer Park Avenue, Babylon, NY 11702 631-661-4155 08-33 1/17, 24, 31, 2/7 NOTICE OF SALE SUPREME COURT: SUFFOLK COUNTY. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON CSFB 2005-6, Pltf. vs. JOSE L. LOPEZ, et al, Defts. Index #25522/06. Pursuant to judgment of foreclosure and sale dated Dec. 5, 2007, I will sell at public auction on the front steps, main entrance, Islip Town Hall, 655 Main St., Islip, NY on Feb. 25, 2008 at 10:00 a.m. prem. k/a 17 DeKalb Ave., Brentwood, NY a/k/a Sec. 052.00, Block 01.00, Lot 057.000, Said property located on the northerly side of DeKalb Ave. 300 ft. westerly from the corner formed by the intersection of the said Northerly side of DeKalb Ave. with the westerly side of Fulton St., being a plot 100 ft. x 200 ft. Approx. amt. of judgment is $301,394.01 plus costs and interest. This is a First Mortgage. Sold subject to terms and conditions of filed judgment and terms of sale and the right of the United States of America to redeem within 120 days from the date of sale as provided by law. STEPHEN F. ZAKLUKIEWICZ, Referee. DRUCKMAN & SINEL, LLP, Attys. For Pltf., 242 Drexel Ave., Westbury, NY. #71473 08-38 1/24, 31, 2/7, 14 NOTICE OF SALE SUPREME COURT: SUFFOLK COUNTY. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF ARGENT MORTGAGE SECURITIES, INC. ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2006-W2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2006, WITHOUT RECOURSE, Pltf. vs. MICHAEL LORENZ, Deft. Index #06- 27833. Pursuant to judgment of foreclosure and sale dated Dec. 17, 2007, I will sell at public auction at Babylon Town Hall, 200 East Sunrise Highway, No. Lindenhurst, NY on Feb. 26, 2008 at 1:00 p.m. prem. k/a 133 West 20th St., Deer Park, NY a/k/a Section 059.00, Block 03.00, Lot 099.000, District 0100. Approx. amt. of judgment is $408,975.37 plus costs and interest. Sold subject to terms and conditions of filed judgment and terms of sale. ANTHONY LaPINTA, Referee. ESCHEN, FRENKEL, WEISMAN & GORDON, LLP, Attys. for Pltf., 20 West Main St., Bay Shore, NY. #71437 08- 37 1/24, 31, 2/7, 14 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - BANK OF AMERICA, N.A. , Plaintiff, AGAINST PAUL GIMELI, JOYCE GIMELI, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 6/27/2007, 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 2/26/2008 at 9:00 AM, premises known as 19 BRUNO LANE, A/K/A 15 BRUNO LANE, DIX HILLS, NY 11746. 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: 019.00-02.00- 001.005. Approximate amount of judgment $23,577.07 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #16505/05. Francis P. Murphy, Referee, PILLAR PROCESSING, LLC, Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 1/ 14/2008 08-40 1/24, 31, 2/7, 14 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - JPMORGAN CHASE BANK, N.A C/O QUANTUM SERVICING CORP, Plaintiff, AGAINST JUDY FERMIN, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 11/29/ 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 2/15/2008 at 1:00 PM, premises known as 356 32ND STREET, Lindenhurst, NY 11757. 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: 5-2-56. Approximate amount of judgment $338,735.26 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #28609/06. Renee P. Rosenfeld, Esq., Referee, PILLAR PROCESSING, LLC, Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 1/7/ 2008 08-23 1/17, 24, 31, 2/7 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - HSBC BANK, USA, N.A., AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-HE6, ASSET BACKED PASSTHROUGH CERTIFICATES, Plaintiff, AGAINST ERNEST ROSIER, ET. AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 4/30/ 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 2/14/2008 at 10:00 AM, premises known as 4 Devon Lane, 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: 10.00- 03.00-09.000. Approximate amount of judgment $451,226.43 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #10576/06. Kenneth C. Butterfield, Esq., Referee, PETER T. ROACH AND ASSOCIATES, P.C., Attorney for Plaintiff 100 Jericho Quadrangle, Jericho, NY 11753 Dated: 1/8/ 2008 08-24 1/17, 24, 31, 2/7 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDERS OF CSAMP TRUST 2005-SD1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-SD1, Plaintiff, AGAINST DONNA FRANK, ET. AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 10/13/ 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 2/14/2008 at 9:30 AM, premises known as 139 West 23rd Street, 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 Babylon, County of Suffolk and State of New York, Section, Block and Lot: 59-3- 29. Approximate amount of judgment $281,896.75 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #05/16569. WILLIAM FARRELL, Referee, SHAPIRO & DICARO, LLP, Attorney for Plaintiff 250 Mile Crossing Boulevard, Rochester, NY 14624 Dated: 1/9/2008 08-25 1/17, 24, 31, 2/7 NOTICE OF SALE SUPREME COURT: SUFFOLK COUNTY JP Morgan Chase Bank, NA, et al, Plaintiff(s) vs. Claudio Rodriguez, et al., Defendant(s) Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI & ASSOCIATES, P.C., 2 Summit Court, Suite 301, Fishkill New York 12524 (845) 897- 1600 Pursuant to judgment of foreclosure and sale granted herein on or about December 13, 2007, I will sell at Public Auction to the highest bidder at Babylon Town Hall, 200 E. Sunrise Highway, No Lindenhurst, NY 11757. On February 14, 2008 at 9:30 AM Premises known as 22 Penndale Drive, Amityville, NY ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, situate, lying and being at Amityville, Town of Babylon, County of Suffolk and State of New York, known and designated as Lot Number 404 on a certain map entitled, "Map of Ronek Park, Section 5" and filed in the Office of the Clerk of Suffolk County on June 30, 1952 as Map Number 1931. District: 0100 Section: 202.00 Block: 02.00 Lot: 084.00 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 $254,451.11 plus interest and costs. INDEX NO. 07-00768 James H. Bowers, Esq., REFEREE 08-26 1/17, 24, 31, 2/7 SUPREME COURT - COUNTY OF SUFFOLK - BABYLON CITIMORTGAGE, INC., Plaintiff against GAIL S. LESTRANGE A/K/A GAIL LESTRANGE, A/K/A GAIL S. KUBOVIC, JAMES P. LESTRANGE A/K/A JAMES LESTRANGE, et al Defendant(s). Pursuant to a Judgment of Foreclosure and Sale eentered herein and dated October 26, 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, NY on the 21st day of February, 2008 at 9:00 AM premises situate, lying and being in the Town of Babylon, County of Suffolk and state of New York, and acquired by Tax Deed on April 17, 1991, from General L. Rains, the Deputy County Treasurer of Suffolk County, New York, and recorded on April 23, 1991 in Liber 11251, cp 469/470, and otherwise known as and by Town of Babylon, Map of Frederick Farms, filed Map 1172 Lots 595 & W 10' of Lot No. 594 Said premises known as 1433 2ND STREET, WEST BABYLON, NY Approximate amount of lien $351,970.31 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index Number 36295/ 06. DONALD NOVICK, ESQ., Referee. Sweeney, Gallo, Reich & Bolz, LLP Attorney(s) for Plaintiff 95-25 Queens Blvd., Suite 626, Rego Park, NY 11374 (*BABYLON BE - E - *) 08-28 1/17, 24, 31 2/7 NOTICE OF SALE SUPREME COURT COUNTY OF SUFFOLK, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES, INC., ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2006-R1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 2006, WITHOUT RECOURSE, Plaintiff, vs. LEONIDAS ARKAS, ET AL., Defendant(s). Pursuant to a Judgment of Foreclosure and Sale duly filed on September 27, 2007, I, the undersigned Referee will sell at public auction at the Babylon Town Hall, 200 Sunrise Highway, North Lindenhurst, NY, on February 15, 2008 at 10:00 AM, premises known as 20 Penndale Drive, Amityville, 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 202.00, Block 02.00 and Lot 083.000. Approximate amount of Judgment is $201,392.20 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index # 26481/06. Pamela J. Greene, Referee Knuckles & Komosinski, P.C., 220 White Plains Road, 6th Floor, Tarrytown, NY 10591, Attorneys for Plaintiff 08-34 1/17, 24, 31, 2/7 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 GSAMP TRUST 2005- WMC1 C/O LITTON LOAN SERVICING, LP, Plaintiff, AGAINST SALMI NOMANI, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 12/6/ 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 2/21/2008 at 10:30 AM, premises known as 47 LINCOLN AVENUE, 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 BABYLON, County of Suffolk and State of New York, Section, Block and Lot: 118- 1-79. Approximate amount of judgment $267,708.82 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #27806/06. MARK A. PETERSON, Referee, PILLAR PROCESSING, LLC, Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 1/ 14/2008 08-41 1/24, 31, 2/7, 14 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - OPTION ONE MORTGAGE CORPORATION, Plaintiff, AGAINST LORETTA SANTIAGO, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 11/16/2007, 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 2/22/2008 at 9:30 AM, premises known as 49 WEST 23RD STREET, 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 Babylon, County of Suffolk and State of New York, Section, Block and Lot: 59.00- 1-8. Approximate amount of judgment $299,078.07 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #30692/06. Richard M. Gordon, Referee, PILLAR PROCESSING, LLC, Attorney for Plaintiff P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 1/14/ 2008 08-42 1/24, 31, 2/7, 14 NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - ARGENT MORTGAGE COMPANY, LLC C/O AMERICA'S SERVICING COMPANY, Plaintiff, AGAINST PATRICIA ANN MASEL, LINDA ANN MASEL, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 12/6/ 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 2/21/2008 at 10:00 AM, premises known as 200 COLUMBUS AVENUE, North Babylon, NY 11703. 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: 140-4-64. Approximate amount of judgment $240,620.77 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #6065/07. Kathy Gail Bergmann, Esq., Referee, PILLAR PROCESSING, LLC, Pillar Processing provides mortgage default services on behalf of Steven J. Baum, P.C., Attorneys for Plaintiff, P.O. Box 1291, Buffalo, NY 14240-1291 Dated: 1/14/2008 08-43 1/24, 31, 2/7, 14 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No. 08-00378 Serok Plastic and Mold, Inc., Stephen Repka, and BMG Realty Holdings Corp. Petitioner(s), -Against- G.M.R. Roofing and Sheetmetal Co., Inc. , a/k/a GMR Roofing & Sheet Metal Company, Inc., Respondent. ORDER TO SHOW CAUSE Pursuant to an Order to Show Cause re-dated January 14, 2008, the undersigned Petitioners have moved to let the Respondent show cause on the 19th of February 2008, at an IAS Part to be assigned, to be held at the courthouse located at 235 Griffing Avenue, Riverhead, New York 11901 at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel may be heard, why an Order should not be made and entered vacating the mortgage of record entered herein in favor of the respondent, G.M.R. ROOFING AND SHEETMETAL CO., INC. , A/K/A GMR ROOFING & SHEET METAL COMPANY, INC., by reason of the fact that said mortgage loan was paid in full, and why such other and further relief should not be granted by this Honorable Court as may be just and proper. Said premises being known as 6 Bethpage Road, Copiague, NY 11726, known as District 0100, Section 175, Block 02.00, Lot 020.000 Dated: Copiague, New York January 10, 2008 Serok Plastic and Mold, Inc., Stephen Repka, and BMG Realty Holdings Corp., PETITIONERS Ian S. Wilder Cardino & Cardino, Esqs. 825 Merrick Road, Copiague, New York 11726 (631) 264-1200 08-44 1/24,31, 2/7 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that acquisitions have been proposed and contracts prepared under Suffolk County's Old Drinking Water Protection Program as follows: SITE TAX MAP NO. OWNER Carll's River 0100- 017.00-02.00-009.000 & 010.000 Napoli Construction, Inc. Copies of the proposed contracts can be seen at the office of the Suffolk County Department of Environment and Energy, Division of Real Property Acquisition and Management. H. Lee Dennison Building, 2nd Floor, Veterans Memorial Highway, Hauppauge, New York. The undersigned will hold a final public hearing of this acquisition, pursuant to Section 247 of the N.Y.S. General Municipal Law, at the Division of Real Property Acquisition and Management on the 7th day of February, 2008 at 10:00 a.m., at which time all interested persons will be heard. Christopher E. Kent, Division Director Department of Environment and Energy Division of Real Property Acquisition and Management County of Suffolk Dated: January 23, 2008 Hauppauge, N.Y. 08-57 1/31 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 22nd day of January, 2008, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 75 JANUARY 22, 2008 ADOPTING LOCAL LAW NO. 1 OF 2008 AMENDING THE CODE OF THE TOWN OF BABYLON, CHAPTER 183 SHELLFISH 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 9th day of January, 2008 upon the question of enactment of Local Law No. 1 of 2008 of the Town of Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon, Chapter 183, Shellfish, NOW, THEREFORE, be it RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law No. 1 of 2008, 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. 1 of 2008 A Local Law amending the Code of the Town of Babylon, Chapter 183 in reference to Shellfish. AMEND: § 1 8 3 - 13.A(2) Oysters: Not less than three (3) inches [seven and sixty-two hundredths (7.62) centimeters] in the longest diameter. Oysters measuring less than 3 inches in their longest diameter may comprise no more than five percent (5%) of any bushel, package or container. AMEND: 1 8 3 - 13.A(3) Bay Scallops: Only those bay scallops having an annual growth line and measuring at least two and onequarter (2 _) inches [five and seven hundred fifteen thousandths (5.715) centimeters] from the middle of the hinge to the middle of the bill may be taken. Scallops that are less than the legal size and do not possess an annual growth line may comprise no more than two percent (2%) of the catch when unavoidably taken. AMEND: 183-15.A Scallops shall be taken from Town lands underwater only between the first Monday in November through March 31, both days inclusive. ADD: 183-15.E Scallops may not be possessed for sale for food purposes from April 1 to the first Monday in November. This does not apply to bay scallops harvested during the open season (first Monday in November through March 31) that have been shucked and packed in approved packages and frozen and kept in a frozen state. DATED:TOWN OF BABYLON JANUARY 22, 2008 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 08-60 1/31 NOTICE OF ADOPTION OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM 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 22nd day of January, 2008, duly adopted a resolution, subject to a Permissive Referendum, an abstract of which is as follows: RESOLUTION NO. 57 JANUARY 22, 2008 AUTHORIZING THE SUPERVISOR TO EXECUTE A LEASE AGREEMENT FOR THE NORTH AMITYVILLE YOUTH CENTER WHEREAS, United North Amityville Youth Organization ("UNAYO") has been leasing space from the Town of Babylon in the North Amityville Youth Center ("Center") located at 48A Cedar Road, Amityville, New York, SCTM #0100- 123.00-02.00-019.000, for the last three (3) years; and WHEREAS, the lease agreement between UNAYO and the Town of Babylon expired on December 31, 2007; and WHEREAS, UNAYO has again offered to lease space from the Town in the Center; and WHEREAS, the Town and this organization have agreed upon the terms of the lease for rooms in the Center, NOW, THEREFORE, be it RESOLVED, that the Supervisor be and he hereby is authorized to enter into a lease agreement for rooms in the North Amityville Youth Center as follows: ANNUAL TENANT ROOMS TERM RENT United North Amityville 1, 2, 3, 4, 5, 3 YRS. $22,000.00 Youth Organization 6, 7, 9, 10, 11, 12, 13, 14 and 16 and be it further RESOLVED, that the form and content of the aforesaid lease agreement shall be subject to the approval of the Town Attorney; and be it further RESOLVED, that this resolution is subject to a permissive referendum and the Town Clerk is hereby directed to publish notice of adoption of this resolution in an official newspaper of the Town. DATED:TOWN OF BABYLON JANUARY 22, 2008 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 08-61 1/31 PUBLIC NOTICE BOARD OF APPEALS VILLAGE OF BABYLON PURSUANT to the provisions of Article VII of the Building Zone Ordinance of the Village of Babylon, NOTICE IS HEREBY GIVEN that the Board of Appeals of the Village of Babylon will hold a public hearing at 7:30 P.M. on Wednesday, February 13, 2008, in the Municipal Building, at 153 W. Main Street, Babylon, New York to consider the following applications: 1. Application of Gregory B. Gaare, 83 Cockenoe Ave., Babylon, NY for permission to install an accessory building where a two car garage is required; and to construct an in-ground swimming pool requiring a variance to increase lot coverage from 25% permitted to 29.7% proposed. Property located in Residence A- 7 District. Suffolk County Real Property Tax Map District 0102, Section 4, Block 1, Lot 96. Application made in accordance with Sections 365-15, 365-7 and 315-3. 2. Application of Barbara Giovanniello, 319 Park Ave., Babylon, NY for permission to construct an above ground pool requiring variances to reduce the minimum side yard setback from 6 ft. required to 5.5 ft. proposed; to reduce the rear yard setback from 5 ft. required to 4.5 ft. proposed. Property located in Residence A-7 District. Suffolk County Real Property Tax Map District 0102, Section 5, Block 2, Lot 135.8. Application made in accordance with Sections 365-15 and 315-3. 3. Application of Corinne A. Samon, 45 Smith St., Babylon, NY for permission to construct additions requiring variances to reduce the front yard setback from 25 ft. required to 22.3 ft. proposed; to reduce the minimum side yard setback from 6 ft. required to 3.7 ft. proposed; and to reduce the total side yard setback from 20 ft. required to 15 ft. proposed. Property located in Residence A-7 District. Suffolk County Real Property Tax Map District 0102, Section 7, Block 1, Lot 30. Application made in accordance with Section 365-15. 4. Application of Paul Kowalewsky, 283 West Main St., Babylon, NY for permission to construct a two-car garage requiring a variance to reduce the rear yard setback from 8 ft. required to 6 ft. proposed; to place a pool heater and filter in the rear yard setback where 8 ft. is required and 2 ft. is proposed. Property located in Residence O District. Suffolk County Real Property Tax Map District 0102, Section 9, Block 2, Lot 53. Application made in accordance with Section 365-17. 5. Application of Diane M. Craig, 143 Frederick Ave., Babylon, NY for permission to construct an addition requiring variances to reduce the front yard setback from 25 ft. required to 24.1 ft. proposed; to reduce the minimum side yard setback from 6 ft. required to 4.83 ft. proposed; to reduce the total side yard setback from 20 ft. required to 14.7 ft. proposed; and to construct an exterior stairway basement entrance where none is permitted. Property located in Residence A- 7 District. Suffolk County Real Property Tax Map District 0102, Section 2, Block 2, Lot 19.1. Application made in accordance with Sections 365-15, 365- 12 and 365-26. 6. Application of Neal Wechsler, Architect, P.O. Box 245, Lindenhurst, NY, agent, for Donald Lucera, 43 Bayview Ave., Babylon, NY for permission to construct additions requiring variances to reduce the front yard setback from 30 ft. required to 16.2 ft. proposed; and to increase the lot coverage from 25% permitted to 27.2% proposed; and to maintain an existing shed with a side yard setback of 1.2 ft. where 6 ft. is required. Property located in Residence A-9 District. Suffolk County Real Property Tax Map District 0102, Section 18, Block 2, Lot 18. Application made in accordance with Sections 365-14E, 365-14F (1) (a), and 365-14F (1) (b). 7. Application of Robert Mikovic, 8 Regent St., Babylon, NY for permission to construct additions requiring a variance to reduce the front yard setback from 30 ft. required to 13 ft. 6 in. proposed; and to construct an exterior basement entrance where none is permitted. Property located in Residence A-9 District. Suffolk County Real Property Tax Map District 0102, Section 12, Block 3, Lot 48.1. Application made in accordance with Sections 365-14F (1) (a) and 365-25 F. APPLICANTS OR THEIR DULY APPOINTED REPRESENTATIVES MUST APPEAR IN PERSON AT THE ABOVE HEARING. BRUCE HUMENIK, CHAIRMAN JOHN J. CONROY, SECRETARY 08-63 1/31, 2/7 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 ACQUISITION Index No. 07-33916 Maps 1 through 4 (Inclusive) PLEASE TAKE NOTICE that on January 3, 2008, an Order and Judgment of this Court, wherein title to the real property hereinafter described became vested in the COUNTY OF SUFFOLK, was granted and, thereafter, duly filed on January 16, 2008, in the Office of the Clerk of the County of Suffolk, and the Acquisition Maps were also duly filed on January 16, 2008 in the Offices of the Clerk of the County of Suffolk. The Real Property Acquired is described in Exhibit I, annexed hereto. PLEASE TAKE FURTHER NOTICE that the condemnees of the subject property shall, on or before three (3) years of the service of this Notice of Acquisition, file a written claim, or notice of appearance, pursuant to New York State Eminent Domain Procedure Law Section 503 with the County Attorney of the County of Suffolk and the Clerk of the Court of Suffolk County in which the Vesting order and Judgment has been filed. Dated: Hauppauge, NY January 18, 2008 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 At a Special Term, Part IV, of the Supreme Court of the State of New York, held in and for the County of Suffolk at the Supreme Courthouse, Cohalan Court Complex, 400 Carleton Avenue, Central Islip, Suffolk County, New York on the 3 day of January, 2008 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 VESTING ORDER AND JUDGMENT Index No. 07-33916 Maps 1 through 4 (Inclusive) Upon the Petition of the County of Suffolk, duly verified on November 1, 2007, and all of the papers submitted herewith, and the Court having found the procedural requirements of the Eminent Domain Procedure Law have been met; IT IS ORDERED AND ADJUDGED THAT: 1. Title to the property shall immediately vest in the County of Suffolk upon the filing of the acquisition map and the filing of this Order of the Court, whichever occurs last. IT IS FURTHER ORDERED THAT: 2. The Petition is granted in all respects. 3. Petitioner is directed to immediately file and enter the order together with the acquisition map in the office of the Clerk of the County of Suffolk. The Suffolk County Clerk shall record and index this Order against the property acquired for Highway Improvements on C.R. 2, Straight Path at Mount Avenue, Town of Babylon, Suffolk County, New York, which parcels are more fully described in Schedule "I", annexed hereto and made a part hereof. 4. Any claim, demand or Notice of Appearance for damages pursuant to Section 503 of the Eminent Domain Procedure Law must be made within three (3) years of the service of the Notice of Acquisition, and the Order of the Court together with Notice of Entry thereof, by filing said claim, demand or Notice of Appearance with the Clerk of the Supreme Court of Suffolk County, and with the County Attorney of the County of Suffolk. ENTER, J.S.C. Hon. John Bivona COUNTY CLERK'S OFFICE STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the original order FILED in my office 1/16/08 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1/16/ 08. CLERK Judith A. Pascale SCHEDULE "I" TO VESTING ORDER AND JUDGMENT 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 (50 ft. 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, 136.86 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 a 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 Suffolk County Department of Public Works CR-2 Map Number: 3 Property to Be Acquired From County of Suffolk (Reputed Owner) Town of Babylon Tax Map No. 0100-055.00- 03.00-021.000 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. 3 and more particularly bounded and described as follows: Beginning 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 Sarno 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 mentioned 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 update, maintenance and service of their facilities. Described by: NEB Date: 1/09/04 Checked by: GS Date: 1/ 12/04 Suffolk County Department of Public Works CR-2 Map Number: 4 Property To be Acquired From Salvatore Pirinea (Reputed Owner) Town of Babylon Portion of Tax Map No. 0100-055.00- 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 a corner therein; where the same is intersected by the dividing line between the lands now or formerly of 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 lands 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 of right 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 08-50 1/31, 2/7, 2/14 NOTICE OF SALE SUPREME COURT: SUFFOLK COUNTY. WASHINGTON MUTUAL MORTGAGE SECURITIES CORP., Pltf. vs. JOSE LIZAMA, et al, Defts. Index #4725/07. Pursuant to judgment of foreclosure and sale entered Jan. 11, 2008, I will sell at public auction at Babylon Town Hall, 200 East Sunrise Highway, No. Lindenhurst, NY on Feb. 28, 2008 at 9:30 a.m. prem. k/a 5 Kittiwake La., Babylon, NY. Said property located at the corner formed by the intersection of the northerly side of Kittiwake La. with the easterly side of Little East Neck Rd., being a plot 80.35 ft. x 119.83 ft. x 79.60 ft. (filed map) 79.68 ft. (actual) x 130.20 ft. Approx. amt. of judgment is $778,135.47 plus costs and interest. Sold subject to terms and conditions of filed judgment and terms of sale. JAMES A. McDONAUGH, Referee. COHN & ROTH, Attys. for Pltf., 100 East Old Country Rd., Mineola, NY. #71580 08-51 1/31, 2/7, 14, 21 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 22nd day of January, 2008, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 76 JANUARY 22, 2008 ADOPTING LOCAL LAW NO. 2 OF 2008 AMENDING THE CODE OF THE TOWN OF BABYLON, CHAPTER 198 TOWING 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 9th day of January, 2008 upon the question of enactment of Local Law No. 2 of 2008 of the Town of Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon, Chapter 198, Towing, NOW, THEREFORE, be it RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law No. 2 of 2008, 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. 2 of 2008 A Local Law amending the Code of the Town of Babylon, Chapter 198 in reference to Towing. AMEND: §198-1. Declaration of policy. It is hereby declared and found that the towing of disabled motor vehicles in the streets of the Town is a matter affecting the public interest and should be subject to supervision and administrative control for the purpose of safeguarding the public against fraud and exorbitant rates and similar abuses and that it is of vital importance to the traveling public that disabled vehicles be removed from the highways as promptly as possible to avoid retarding the movement of traffic and possible accidents. § 198-2. Soliciting towing work. It shall be unlawful for any person to solicit towing work at the scene of any motor vehicle accident on private property or on a public highway within the Town or on a public highway within the villages within the town, provided that the villages have approved, adopted or ratified these provisions. No person shall monitor, directly or indirectly, the police radio of the Suffolk County Police Department for the purpose of soliciting towing work § 198-3. Unlicensed tower soliciting at scene of accident. It shall be unlawful for any person to solicit towing work or authorization at the scene of an accident unless such tow operator is a licensed tower duly called to the scene by the Suffolk County Police Department. § 198-4. License required. No person shall operate a truck or other type of motor vehicle designed and capable to tow other motor vehicles for hire within the Town or used in connection with any business operated within the town, unless a license shall first have been obtained for such vehicle from the Town Clerk as herein provided. § 198-5. Town Board to set fee schedule. The Town Board shall adopt a schedule of reasonable fees to be charged by licensees under this chapter. Such schedule shall be adopted by resolution, subject to a public notice and hearing in the manner provided by law for the adoption of ordinances. § 198-6. Application for license. Applications for a license or license renewal required herein shall be filed with the Town Clerk, on a form supplied by the Town Clerk. Said application shall be in the form of a sworn affidavit by the applicant, stating that all information is true and accurate, which shall include the following information: A. (1) Personal information: The name, address, and telephone number of the applicant. Applicant must present a current government issued photo identification of the applicant. (2) Business information: The name, address, and telephone number of the business located within the Town or the address and telephone number of the location from which tow vehicles are proposed to be garaged and dispatched specifying, in the case of any unincorporated association, the names and addresses of each member thereof and, in the case of any corporation, the names and addresses of each officer, director and stockholder thereof. (3) Business Certificate: Copies of certificates on file with a County Clerk, New York Secretary of State or other appropriate office, if applicant employs a trade or assumed name, such as doing/business/as (DBA), corporation or partnership, under which the business is operated. B. A statement that the applicant has read, understands and is familiar with the provisions of this chapter and will abide by them if issued a license. C. The age and citizenship of the applicant and each member thereof, if an unincorporated association, and each officer, director and stockholder thereof, if a corporation. D. The Vehicle Registration Number and Vehicle Identification Number of the tow truck to be operated. E. A certificate of insurance that contains the amount of liability and property damage insurance on the said tow truck, the name of the insurance company and the policy number. Said policy shall provide that each tow truck is covered with $100,000/ $300,000 automobile liability, $5,000 property damage insurance and $5,000 garage liability insurance and shall include the Town of Babylon, its agents, servants, employees, directors and officers, as additional insureds. Each licensee must have valid Worker's Compensation coverage or a valid Worker's Compensation Waiver form. ALL INSURANCE DOCUMENTS MUST BE CURRENT AND ORIGINAL. NO PHOTOCOPIES WILL BE ACCEPTED. F. The schedule of maximum prices the licensee agrees to charge during the term of the license for towing motor vehicles from points within the Town and for the legal storage of such vehicles at its public garage. Such schedule may be based upon the distance that each motor vehicle is to be towed, upon the weight of the vehicle towed and upon the time of day or night such services are performed. G. Whether or not the licensee wishes to be placed on the nonaccident roster. H. Any other information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter or to assist in determining the applicant's fitness to engage in the business of towing. Such information shall include, but not be limited to, the following: å Material identifying the applicant physically, referencing, the applicant's good character and business responsibility such as current New York State Driver's License. å Record of convictions for felonies, misdemeanors or violations, including municipal codes and traffic infractions. å Location of a storage or impoundment facility to which vehicles are to be towed may be required on the application form. I. No license shall be issued or renewed until all provisions of this chapter have been complied with and the application has been approved by the Town Clerk. The applicant will be notified of the decision of the Town Clerk within thirty (30) days from submission of a complete application. J. Before issuance of a license, the Town Clerk may, at her sole discretion, require the applicant, and any others having knowledge of any facts, to submit to an examination under oath and to produce evidence relating thereto. K. Any change in circumstances with regard to information required hereinabove shall be reported to the Town Clerk within thirty (30) days of occurrence. § 198-7. Restrictions on issuance of license. The Town Clerk shall not issue a license under this chapter to any applicant found upon investigation to have made a materially false statement or misrepresentation in his application; or whose associated storage or impoundment facility is in violation of the zoning, building or fire laws, ordinances or regulations of the municipality in which it is located; or who has been convicted of a felony in the operation of a motor vehicle, of a felony in connection with the operation of a towing business or of a felony either against the person or involving fraud. Only one corporation, business, operator, principal or entity may operate out of any given parcel, structure, location or lot and only when said parcel, structure, location or lot has been approved by any required Department, division, board or official of the Town of Babylon. Only one approved entity, corporation, business, operator or principal may operate out of any given parcel, structure, location or lot. Even if more than one business, entity, Certificate of Assumed Name or person uses any given parcel, structure, location or lot as their address or place of business, only one tow license shall be issued and/ or valid for any given parcel, structure, location or lot. Only one entry on any annual tow list shall be permitted for any given parcel, structure, location or lot. If found to be in violation of any of the aforementioned provisions, Licensee shall be barred from reapplying for a license for two calendar years. § 198-8. Expiration of license. Each license issued pursuant to this chapter shall expire on the first day of January following the issuance thereof. § 198-9. Nontransferability of license. No license issued pursuant to this chapter shall be transferable from one person to another. § 198-10. License fee. The fee for a license hereunder or for a renewal thereof shall be $250.00. The fee shall be payable to the Town Clerk. § 198-11. Return of license fee. Upon the return of the license to the Town Clerk by the licensee, the license fee will be returned to the licensee on a prorated basis, provided that the licensee has committed no acts of misconduct during the period in which the license was in force. § 198-12. Scope of license. A license issued pursuant to this chapter shall cover only one tow truck. § 198-13. Identification of licensed vehicles. The business name, address and telephone number shall be permanently affixed and legibly inscribed in letters not less than three (3) inches high on each side of every tow truck for which a license has been granted under this chapter. § 198-14. Nonaccident roster. The Town Clerk shall prepare and certify the nonaccident roster to the Babylon Precinct Commander of the County Police Department in the order in which the licensees are approved for such listing. An additional fee of $200 shall be charged to be placed upon this roster. § 198-15. Equipment of vehicles on nonaccident roster. The tow trucks of licensees on the nonaccident roster shall be equipped at all times with emergency flashing amber lights visible from front and rear, a CO2 or dry-powder fire extinguisher with a minimum capacity of 15 pounds, a carton containing at least one dozen red railroad-type flares, a dolly, a shovel and a broom for clearing highway of debris, if any. All equipment shall be maintained in good condition and in satisfactory working order. § 198-16. Removal of vehicles by licensees on nonaccident roster. A. Motor vehicles not involved in accidents but which are otherwise disabled and which are disrupting the flow of traffic and whose owners do not otherwise request assistance from a licensee or motor vehicles which are to be impounded for other reasons shall be towed away by licensees from the nonaccident roster on a rotating basis. B. All vehicles directed to be impounded by a police officer will be towed to the place of impoundment designated by the police officer. C. In the event that a licensee is called pursuant to this section, it shall be unlawful for the licensee to charge more than the rates provided for in §198- 17E. § 198-17. Placing licensee on accident roster. Any licensee, as hereinbefore provided, who files with the Town Clerk on a form prescribed therefore which shall include but not be limited to Subsections A through G and who pays to the Town Clerk as provided in §198-10 an additional fee of $200 shall be placed upon an accident roster which the County Police Department in the Town shall call upon to remove disabled vehicles from the scene of accidents. The licensee shall swear, under oath, as follows: A. That he owns, operates, maintains or uses by agreement with another, to terminate at a time after the expiration of the period for which the license is to be issued, a place of storage, impoundment or repair of towed vehicles. Such place shall be located within the limits of the Town of Babylon and owned or operated by a tower operating within the limits of the Town of Babylon. Such place shall be maintained in accordance with the zoning, building and fire laws of the municipality in which it is located. B. That such public garage maintains twentyfour hour service to answer emergency calls regarding motor vehicles. C. That the tow truck or trucks of such licensee are equipped with a lifting boom on the rear of the truck with a minimum tonand a-half power winch, equipped with 150 feet of three-eighths-inch steel cable, dual rear wheels, a C02 or dry-powder fire extinguisher with a minimum capacity of 15 pounds, a crowbar, emergency flashing amber lights visible from front and rear, a broom, a hacksaw, an axe, a dolly, a shovel and a carton containing at least one dozen red railroad-type flares. D. That each tow truck is covered with $100,000/$300,000 automobile liability, $5,000 property damage insurance and $5,000 garage liability insurance and shall include the Town of Babylon, its agents, servants, employees, directors and officers, as additional insureds. The Certificate of Insurance shall have the name of the insurance company and the policy number. Each licensee must have valid Worker's Compensation coverage or a valid Worker's Compensation Waiver form. ALL INSURANCE DOCUMENTS MUST BE CURRENT AND ORIGINAL. NO PHOTOCOPIES WILL BE ACCEPTED. E. That the licensee shall charge no more than the following maximum rates for towing from the accident scene to his place of business or to any other place within the Town designated by the owner or operator of the motor vehicle, regardless of distance within the town, when called by the County Police Department: (1) Passenger cars. (a) For all passenger cars regardless of weight and other vehicles four tons and lighter: [1] Monday through Friday from 9:00 a.m. to 5:00 p . m . : $85.00 [2] At all other times: $95.00 (b) For purposes of this section, all other times will include holidays, i.e., New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans Day, Thanksgiving Day and Christmas Day. (2) For Dollying: $50.00. "Dollying" means, for the purpose of this section, to remove or convey on a dolly. (3) For Winching: $25.00 per 1/2 hour, or fraction thereof, up to a maximum of $75.00. "Winching" means, for the purpose of this section, to hoist, haul or push by a winch not connected to a boom. (4) For Labor: to upright an overturned motor vehicle: $50.00 (5) For Flatbed towing: In those cases where a damaged passenger vehicle cannot be towed from an accident scene and the use of a flatbed tow truck is requested by a police officer, the maximum rates for towing are as follows: (a) Monday through Friday, 9:00 a.m. to 5:00 p.m.: $100.00 (b) At all other times: $125.00 F. That the licensee shall respond to all calls of the County Police Department as hereinafter provided, regardless of the hour of the day or distance to the scene, provided that its equipment is not otherwise employed. G. That the licensee shall charge a maximum of $8.00 per day for the first three (3) days and then $15.00 per day thereafter for storage. § 198-18. Removal of operator from duty list. The Town Board may remove from the duty list provided for herein any operator whom the Town Board shall determine, after a public hearing, has failed to abide by any one of the requirements set forth in §198-17. § 198-19. Heavy-duty and extra-heavy-duty rosters. The Town Clerk shall prepare and certify the accident roster to the Babylon Precinct Commander of the County Police Department in the order, in which the licensees are approved for such listing, of the licensees who have equipment capable of righting and towing a vehicle up to 8,000 pounds. The extra-heavyduty roster shall be composed of licensees who have extra-large equipment, which equipment is capable of righting and towing a vehicle over 8,000 pounds and has a manufacturer's certified capacity of at least a sixteen-ton wrecker with full air brakes and onehalf inch cable. An additional fee of $200 shall be charged to be placed upon this roster. § 198-20. Posting of rosters. The accident and extraheavy duty rosters provided for herein shall be the property of the Babylon Precinct Commander of the County Police Department. Said rosters, however, shall be posted in a public place to be chosen by said Precinct Commander during the hours from 9:00 a.m. to 5:00 p.m. daily, except Saturdays, Sundays and holidays. § 198-21. Use of rosters. The Babylon Precinct Commander of the County Police Department or his authorized agent is hereby authorized to designate licensees from the accident roster on a rotating basis for the purpose of towing motor vehicles from the scenes of accidents. In the event that extra-large towing equipment is needed, he shall designate a licensee from the extraheavy duty roster without changing the licensee's place on the accident roster. § 198-22. Number of places on roster per licensee. A licensee duly qualified shall have but one place on the accident roster and/or the nonaccident roster although he may have several licensed tow trucks in the town. For the purposes of this chapter, a garage owned by one or more individuals may have but one place on the accident roster. § 198-23. Nontransferability of roster position. It shall be unlawful for a licensee to assign his place on the accident or nonaccident roster to any other licensees or other person on the accident or nonaccident roster. § 198-24. Failure of licensee to answer call. A licensee who does not answer the call of the Babylon Precinct Commander or who is not available when called shall lose his turn on the accident roster and shall wait for the roster to be called in its entirety before he is eligible to be called again. § 198-25. Refusal of licensee to respond to call. A. It shall be unlawful for any licensee on the accident roster to willfully refuse to tow away a motor vehicle, after having appeared upon the accident scene, or to fail to arrive at the accident scene, after being duly designated and notified as hereinbefore provided, regardless of the hour of day or distance to the scene of the accident, absent good cause is shown for said refusal, such as, but not limited to the fact that the tow truck is otherwise employed. B. A conviction of violating this section shall result in an automatic suspension from the accident roster for 60 days. § 198-26. Charging more than maximum prices unlawful. It shall be unlawful for any licensee to charge any person more than the maximum prices set forth in the application for a license for the towing and storage of disabled motor vehicles. § 198-27. Revision of maximum price schedule. The schedule of maximum prices to be charged by a licensee hereunder may be revised at the time application is made for a renewal of the license. § 198-28. Consent required to remove vehicle. It shall be unlawful for any person who is not designated from the accident roster, as aforesaid, and who does not have the prior consent and direction of the police officer at the scene to tow away any motor vehicle which has been involved in an accident. The police officer in every case shall determine when the aforesaid motor vehicle shall be removed. § 198-29. Calling additional trucks. If more than one tow truck is needed at the scene of an accident, the Police Department, through its authorized agent shall call each licensee in rotation. In such event, the choice of disabled motor vehicles to be towed shall be determined by the licensees in the order in which the licensees where called, irrespective of the time a licensee arrives on the accident scene. The first licensee to appear on the scene shall, however, assist the police officer in clearing the motor vehicles from the public highway onto the shoulders or side of the highway. § 198-30. Right of vehicle owner to direct tower. Notwithstanding any provision contained in this chapter to the contrary, it shall be the right of any motor vehicle owner or operator, whose motor vehicle is to be removed by a tow truck for any reason, to direct the location to which such vehicle shall be towed. § 198-31. Required removal of debris from accident scene. A licensee called to the scene of an accident must sweep away or clean up any debris. The cost of such removal shall be calculated and included in the schedule of maximum towing rates adopted by the Town Board in accordance with the provisions of this chapter. § 198-32. Towing authorization. A. Required. No vehicle involved in an accident or otherwise disabled shall he removed without an authorization, on a form prescribed by the town, signed by the owner of the vehicle or police officer in charge thereof. Such authorization shall be for the towing and storage of the vehicle only and shall show the rates to be charged for towing and storing said vehicle. B. Preservation. Such signed authorization shall be retained by the licensee for a period of six months and shall be exhibited upon demand to an official of the Town or any member of the County Police Department. C. Form. The towing authorization required hereunder must be in substantially the following form: TOWING AUTHORIZATION (Insert name, address and phone no. of licensee) DATE __________ Name ________________________ (City) __________ Town __________ Address __________ Make and Type of Car __________ Year State Registration No. __________ Towing Charges __________ (Amount shown on filed schedule not to exceed $2 for each 24 hours or part thereof.) Tow Truck Driver's Name __________ Address __________ License No. __________ Medallion Number of Licensee __________ State Registration __________ I authorize the towing of the above automobile to the following place: __________ Signature of Owner or Police Officer in Charge § 198-33. Towing bills. A. Required. A licensee shall have prepared a pad of bills containing a printed billhead showing the name and address of his place of business. A licensee shall prepare a bill on this billhead form, in duplicate, the original of which shall be furnished to the owner of the disabled vehicle or his authorized representative. B. Contents. This bill must be printed in a form approved by the Town Clerk and shall contain the following information: (1) The full name and address of the person engaging the tow truck. Prominently displayed beneath the billhead and above any form of authorization shall be the location to which the vehicle is to be towed, unless otherwise directed by the owner. (2) The registration number of the disabled vehicle. (3) The total amount to be charged for towing and storage rate per 24 hours or part thereof. (4) The full name and address of the operator of the tow truck. (5) The registration number of the tow truck. (6) The licensee's medallion number. § 198-34. Preservation of bills. The duplicate of a towing bill shall be retained by the licensee for a period of six months. These bills shall be exhibited upon demand of any official of the Town or any member of the County Police Department. § 198-35. Receipts for payment of bills. Upon payment of a bill given to the owner of a disabled vehicle or to his authorized representative, the licensee shall acknowledge receipt of payment of such bill. § 198-36. Authorization for estimates and repairs required. No agreement between the owner or authorized operator of a vehicle to be towed under this chapter and a licensee under this chapter for the preparation of an estimate of the cost of repairs to said vehicle or for the performance of such repairs shall be enforceable by a licensee hereunder without a signed writing to that effect executed by the vehicle owner (not earlier than 48 hours after initial agreement) affirming such agreement. § 198-37. Suspension or revocation of license. Upon her own motion or upon any written complaint to the Town Clerk's Office, the Town Clerk may require that a hearing be conducted by an Administrative Hearing Officer appointed by the Town Attorney. A. Permissive. Any license issued hereunder may be suspended or revoked by the Administrative hearing officer if the licensee shall violate any provision of this chapter or any rule or regulation adopted hereunder or any ordinance of the Town or be convicted of the violation of any traffic law, ordinance or regulation of the state or of any municipality of the state or be guilty of making a false statement or misrepresentation in his application. B. Mandatory. Any license issued hereunder shall be revoked by the Administrative hearing officer if the holder thereof shall be convicted of the commission of any crime. C. Hearing required. No license shall be either suspended or revoked by the Administrative hearing officer hereunder without a public hearing thereof, held not less than 10 days after written notice thereof shall have been given to the licensee, either in person or by registered mail, addressed to the licensee at the address shown upon the most recent application of the said license. D. Administrative Hearing Officer. The Town Attorney may appoint an administrative hearing officer to conduct an appeal hearing on the suspension or revocation of the license. The hearing officer shall submit his/her written findings and recommendations to the Town Board. E. The Town Clerk may make an emergency suspension of any license under circumstances where she believes said licensee is a danger to the health, welfare or security of the community. Said suspension shall remain in effect until a hearing is conducted. A hearing must be conducted within 30 days of any emergency suspension. § 198-38. Hearing for suspension or revocation. A. Date; time; place. Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held on a date and at a place and hour designated by the Town Clerk. B. Notice. The Town Clerk shall give notice thereof, stating the name and address of the applicant or licensee concerned, the subject matter of the hearing and the date, place and hour thereof designated therefore by mailing a copy thereof to the applicant or licensee concerned at the address shown upon the most recent application of such applicant or licensee at least 10 days before such hearing. C. Regulations. The Administrative Hearing Officer may suspend or revoke any license or permit under the circumstances set forth herein. (1) Noncompliance. Any violation of the provisions of this chapter, or any reason for which the original application could have been disapproved, including but not limited to, an unacceptable business record based on a review of past complaints. (2) Criminality. Conviction of any crime or misdemeanor which, in the judgment of the Administrative Hearing Officer, renders the licensee or vehicle unfit. (3) Deception. Fraud, misrepresentation or false statements contained in the application for license or made in the course of conducting towing for hire. (4) Improper conduct. Conducting towing for hire in an unlawful manner or in such a way as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. D. Rights of parties. Upon any hearing, the applicant or licensee involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing. E. Examination of witnesses. All witnesses shall be sworn and examined under oath. § 198-39. Surrender of license upon disposition of licensed truck. Every owner, upon the sale or other disposition of a licensed tow truck, shall, within 24 hours, notify the Town Clerk of such sale or other disposition and surrender the license or licenses. § 198-40. Penalties for offenses. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, a fine of not less than $1,000 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed six months may be imposed, or both. DATED:TOWN OF BABYLON JANUARY 22, 2008 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON JANICE TINSLEYCOLBERT TOWN CLERK 08-59 1/31
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