2009-02-12 / Legals

Legals

Intro. Res. No. 11-2009 Laid on Table 1/5/2009 Introduced by the Presiding Officer

RESOLUTION NO. 10 -2009, TO DESIGNATE LOCAL NEWSPAPERS IN WHICH COUNTY NOTICES MAY BE PUBLISHED

WHEREAS, various statutes, laws and rules require Suffolk County or its departments or agents to publish certain notices in town newspapers other than the newspapers designated for the publication of resolutions and local laws; and

WHEREAS, the County Legislature deems it desirable and efficient to promulgate one resolution which designates all the official town newspapers the County, its departments or agents may use to publish notices required by law; now, therefore, be it

RESOLVED, (1) This resolution shall apply in every instance in which some statute, law or rule requires the County Legislature to designate an official town newspaper in which certain notices must be published, pursuant to law; and

(2) The County Legislature hereby authorizes the County of Suffolk, its departments and agents to use the following town newspapers where publication of notices are required in newspapers other than the newspapers designated for the publication of resolutions and local laws:

TOWN NEWSPAPER
Babylon Babylon Beacon
Brookhaven Long Island Advance
East Hampton East Hampton Star
Huntington The Long Islander
Islip Islip Bulletin
Riverhead News Review
Shelter Island Shelter Island Reporter
Smithtown Smithtown Messenger
Southampton Southampton Press
Southold Suffolk Times
DATED: January 5, 2009

Effective pursuant to Section 214 of the NEW YORK COUNTY LAW. 09-117 2/12 NOTICE OF ADOPT 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 3rd day of February, 2009, duly adopted a resolution, an abstract of which is as follows:

RESOLUTION NO. 84 FEBRUARY 3, 2009 ADOPTING LOCAL LAW NO. 3 OF 2009 AMENDI NG THE CODE OF THE TOWN OF BABYL O N , CHAPTER 1 0 7 DOMESTIC PART- NERSHI P REGISTRY

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 3rd day of February, 2009 upon the question of enactment of Local Law No. 3 of 2009 of the Town of Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon, Chapter 107, Domestic Partnership Registry,

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law No. 3 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. 3 of 2009

A Local Law amending the Code of the Town of Babylon, Chapter 107, in reference to Domestic Partnership Registry.

AMEND: § 1 0 7 - 3.Statement(s) of do- mestic partnership

A. Contents. The statement shall be signed under the penalty of perjury and shall include the date on which the persons became each other's domestic partner and the address of both partners. Statements must include certified copies of each partner's birth certificate or proof of birth date in a form acceptable to the Town Clerk and a copy of either a driver's license or other photo identification acceptable to the Town Clerk. B. Affirmation of requirements. The domestic partnership statement shall also include an affirmation sworn to in person by each partner at the Office of the Town Clerk on the day of filing as to each element contained in §107-2 or this chapter. C. Amendment of domestic partnership statement. Partners may amend the domestic partnership statement at any time in order to change an address by filing an amended statement. D. Termination of domestic partnership. Thedomestic part- nership statement may be terminated as follows:

(1)Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the Town Clerk. The person filing the termination statement must declare, under penalty of perjury:

(a)The domestic part- nership is terminated; and

(b)A copy of the termination statement has been mailed or given to the other domestic partner.

(2)If signed by only one member of the partnership, the termination statement shall include United States Postal Service proof of its mailing to the other partner or a notarized statement of the other partner acknowledging the termination.

(3)A domestic partnership shall terminate in the event of the marriage or death of either partner.

(4)New statements of domestic partnership. No person who has filed a statement of domestic partnership may file another statement of domestic partnership until six (6) months after the termination statement of a previous partnership has been on file with the Town Clerk.

AMEND: §107-4. Filing and form of statements; fees; issuance of certificates and registry card.

Anyone who has signed a statement of domestic partnership must file it with the Town Clerk. The statement of domestic partnership, or any termination or amendment thereof, shall not be deemed effective until filed with the Town Clerk according to the provisions of this chapter.

A. Form of statements. All statements relating to domestic partnerships shall be notarized and executed as a declaration made under the penalty of perjury. The Town Clerk shall provide forms as necessary to interested individuals.

B. Fees for filing of statements and issuance of domestic partnership certificates and registry cards. There shall be a fee of twenty-five ($25) dollars for the filing of a domestic partnership statement. Such fees shall cover the cost of filing and providing two (2) copies of the certificate of domestic partnership registration, and two (2) domestic registry (wallet size) cards. There shall be a fee of twenty-five ($25) dollars for the filing of a termination of domestic registry. There shall be a fee of ten ($10) dollars for each additional certified copy of the certificate, registry card or amended copy of a certificate or documentation of a termination of a partnership.

AMEND: §107-5. Confidentiality A. The Town Clerk shal l ensure the confidentiality of information contained in the registry. In the ordinary course of business, such information shall be releasedas follows:

(1)To one or both parties to the domestic partnership;

(2)To an individual presenting written authorization from one or both of the parties to the domestic partnership;

(3)In accordance with an order of a court of competent jur i sdi c - tion or a so-ordered subpoena;

(4)As required pursuant to the Freedom of Information Act.

B. Nothing herein shall be construed to prohibit the publication of statistics or information pertaining to domestic partnerships which have been registered by the Town Clerk, and are legally obtainable under the Freedom of Information Laws of New York State.

DATED: TOWN OF BABYLON FEBRUARY 3 , 2 0 0 9

BY ORDE R OF THE TOWN BOARD TOWN OF BABYLON

CAROL QUIRK

TOWN CLERK 0 9 - 1 1 8 2 / 1 2

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 25, 2009, in the Municipal Building, at 153 West Main Street, Babylon, New York to consider the following application:

1. Application of Alice & Peter Peplinski, 74 Cockenoe Avenue, Babylon, NY for permission to maintain a Mother/ Daughter use at the premise located at 74 Cockenoe Avenue, Babylon, NY. Property located in Residence A-7 District. Suffolk County Real Property Tax Map District 0102, Section 4, Block 2, Lot 17. Application made in accordance with Sections 365-15 and 365-35.

2. Application of Joyce Ellis Saltzman, 101 Bayview Avenue, Babylon, NY for permission to maintain a Mother/ Daughter use at the premise located at 101 Bayview Avenue, Babylon, NY. Property located in Residence A-9 District. Suffolk County Real Property Tax Map District 0102, Section 21, Block 2, Lot 28. Application made in accordance with Sections 365-14 and 365-35.

3. Application of Janet Knight, 14 Wigwam Path, Babylon, NY for permission to operate a tutoring business at the premise located at 14 Wigwam Path, Babylon, NY. Property located in Residence A-11 District. Suffolk County Real Property Tax Map district 0102, Section 4, Block 2, Lot 94. Application made in accordance with Sections 365-13 and 365-35.

4. Application of L. Bennett Design, 51 Deer Park Avenue, Babylon, NY (Agent for owner) Betty L. Kinbacher, for property owned at 56 Clinton St., Babylon, NY for permission to maintain a minimum side yard setback of 1 ft. where 6 ft. is required. Property located in Residence A-9 District. Suffolk County Real Property Tax Map District 0102, Section 3, Block 2, Lot 8. Application made in accordance with Section 365-14.

5. Application of Richard Cosci, Southport Design Services, 120 No. Ocean Avenue, Bayport, NY (Agent for owner) Harry Dickran, 105 Lighthouse Rd., Babylon, NY to construct a residence at 105 Lighthouse Rd., Babylon, NY requiring a variance to allow a one car garage where a two car garage is required. Property located in Residence A-9 District. Suffolk County Real Property Tax Map District 0102, Section 22, Block 1, Lot 8. Application made in accordance with Sections 365-14 and 365-7.

6. Application of Robert Rotunno, 14 Araca Rd., Babylon, NY for permission to construct additions requiring variances to reduce the front yard setback from 30 ft. required to 25.75 ft. proposed; to maintain a one car garage where a two car garage is required; to reduce the garage length from 20 ft. to 17 ft.; and to reduce the rear yard setback for a shed from 5 ft. required to 1 ft. proposed. Property located in Residence A-9 District. Suffolk County Real Property Tax Map District 0102, Section 19, Block 1, Lot 15.1. Application made in accordance with Sections 365-14 and 365-7.

7. Application of David Martens, 64 Prospect Street, Babylon, NY for permission to construct an addition at the premise located at 57 Prospect St., Babylon, NY requiring variances to reduce the front yard setback from 35 ft. required to 18.5 ft. proposed; to increase the height of the structure from 30 ft. permitted to 31.5 ft. proposed; to reduce the minimum side yard setback for the existing detached garage from 8 ft. required to 1.7 ft proposed; and to reduce the rear yard setback from 8 ft. required to 0.6 ft. proposed for the existing detached garage. Property located in Residence O District. Suffolk County Real Property Tax Map District 0102, Section 14, Block 2, Lot 61. Application made in accordance with Section 365.17.

APPLICANTS OR THEIR DULY APPOINTED REPRESENTATIVES MUST APPEAR IN PERSON AT THE ABOVE HEARING.

BRUCE HUMENIK, CHAIRMAN

JOHN J. CONROY, SECRETARY 09-120 2/12, 19 NOTICE TO BIDDERS The West Babylon Union Free School District would like to post the following notice. The Board of Education has declared the following obsolete: BID #OB-145-09 Vehicle # 52, 1991, IH, Plate L67906 Chevy Van 1988, Plate K508/35 To view the above contact Bruce Hurrell, Head Mechanic, 321- 387 between 9AM and 10AM. 42 Science Books, 51 Social Studies, 36 Write Away, 6 Harcourt Manueols, 3 Record Players To view the above contact Frank Castiglione, Head Custodian at 321-3149 between 9AM and 10AM 1 Nakiajima typewrit- er, 1 Swintec typewriter. To view the above contact Arthur Layman, Chief Custodian at 321-3034 between 9AM and 10AM These items are being offered to the public in "AS IN" condition and must be bid on in a "sealed bid envelope". Bids will be opened in the Business Office at 200 Old Farmingdale Road, West Babylon, NY 11704 at 9AM on February 24, 2009. Certified checks payable to the West Babylon Union Free School District will; be accepted on all bids. All bid items must be removed from West Babylon Schools within five (5) working days after the Board of Education awards the bid. West Babylon Union Free School District Mark Flower, Assis- tant Super intendent for Finance & Operat ions 200 Old Farmingdale Rd. West Babylon, NY 11704 0 9 - 1 2 1 2 / 1 2

NOTICE OF SALE SUPREME COURT: COUNTY OF SUFFOLK - HSBC BANK USA, N.A., AS TRUSTE E ON BEHALF OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SE- RIES 2005-SD2, ASSET BACKED PASS-THROUGH CERTIFICATES, Plaintiff, AGAINST MARTIN BUDKEVICS, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 11/8/2007, 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 3/12/2009 at 9:30 AM, premises known as 174 Wright Ave- nue, 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: 23-3-25. Approximate amount of judgment $266,326.03 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #06-08185. Michael E. McCarthy, Esq., Referee, SHAPIRO & DICARO, LLP, Attorney for Plaintiff 250 Mile Crossing Boulevard, Rochester, NY 14624 Dated: 2/5/2009 09-123 2/12, 19, 26 3/5

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