Weekly Feature



2017-12-07 / Legal Notices

Public Notices

email: legals@beenews.com • Cheektowaga legal deadline Friday at 4 pm.

— LEGAL NOTICE —

APPROVAL OF REZONING 2224, 2228 & 2240 Old Union Road

WHEREAS, an application was submitted by DePaul Properties, Inc. for the rezoning of 2224, 2228 and 2240 Old Union Road from CF- Community Facilities to RA- Apartment District to allow for the construction of (2) two three story (40) forty unit apartment buildings and the construction of a (2) two story, 15 unit addition to an existing apartment building, AND

WHEREAS, a public hearing on such petition was held before this Town Board on the 10th, day of October, 2017 at 7:00 P.M., after publication and service of the notices required by the provisions of the Code of the Town of Cheektowaga (“Zoning Law”), and the Town Law; and all interested parties were given an opportunity to be heard at such hearing, AND

WHEREAS, the Cheektowaga Planning Board has reviewed such application and has recommended approval thereof, AND

WHEREAS, the subject property is currently developed and utilized by Depaul Properties, Inc., a non profit organization that provides for special residential services, including memory care and mental health support, AND

WHEREAS, an existing Payment In Lieu of Tax Agreement (P.I.L.O.T.) is currently in effect for the existing premises, AND

WHEREAS, the applicant has agreed to re-negotiate the P.I.L.O.T. agreement with the Town, to offset any future cost of Town provided services as a result of the new project, AND

WHEREAS, this Town Board previously issued a Negative Declaration under SEQRA and the Town Environmental Impact Review Ordinance for this rezoning, NOW, THEREFORE, BE IT

RESOLVED, that the application of DePaul Properties, Inc. for the rezoning of 2224, 2228 and 2240 Old Union Road from CF-Community Facilities to RA-Apartment District as further described in the attached legal description is the same is hereby approved, and BE IT FURTHER

RESOLVED, that any future additions to the development or site plan must be resubmitted to the Town Board to determine whether the addition is substantially in agreement with the intent of this rezoning and site plan approval, and BE IT FURTHER

RESOLVED, that the Zoning Map and Law of the Town of Cheektowaga be amended in accordance with the above.

LEGAL DESCRIPTION

All that tract or parcel of land situate in the Town of Cheektowaga, County of Erie, State of New York, and is more particularly described as follows;

Beginning at a point on the northwesterly right-of-way line of Old Union Road, said point being the intersection formed by the said right-of-way of Old Union Road and the south line of Town Lot 88 and being further described as being the southeast corner of a parcel of land conveyed to De- Paul Properties, Inc. in a deed filed in the Erie County Clerks’ Office, Liber 10970 of Deeds, Page 8956, thence, Northeasterly forming an interior angle of 133°32’02” along the northwest right-of-way line of Old Union Road a distance of 512.72 feet to a point, thence, Northwesterly forming an interior angle of 90°00’00” a distance of 192.06 feet to a point, thence, Westerly forming an interior angle of 136°24’35” a distance of 500.00 feet to a point, thence, Southerly forming an interior angle of 90°00’00” a distance of 87.79 feet to a point, thence, Southeasterly forming an interior angle of 117°37’55” a distance of 194.50 feet to a point, thence, Southerly forming an interior angle of 225°51’30” a distance of 105.50 feet to a point, thence, Southwesterly forming an interior angle of 240°06’00” a distance of 176.38 feet to a point, thence, Southerly making an interior angle of 136°27’58” a distance of 96.68 feet to a point, thence, Easterly making an interior angle of 90°00’00” a distance of 205.00 feet to the point and place of beginning.

Intending to describe a parcel of land situated on the northwesterly side of Old Union Road, containing 4.465± acres of land to the right-of-way, Town of Cheektowaga.

Dec. 7

— LEGAL NOTICE —

Notice of formation of EL6 HOME SOLUTIONS, LLC. Art. of Org. filed Sec’y. of State (SSNY) 11/15/2017. Office in Erie County. SSNY designated as agent for process & shall mail copy to: 489 Ellicott St. #6, Buffalo, NY 14203. Purpose: Any lawful purpose.

Dec. 7, 14, 21, 28; Jan. 4, 11

— LEGAL NOTICE —

NOTICE OF FORMATION

STARC Holdings, LLC filed Articles of Organization with the New York Secretary of State (SSNY) on December 1, 2017. Its office is located in Erie County. The SSNY is the designated agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to 1967 Wehrle Dr., Ste. 9, Williamsville, NY 14221. Purpose: Any lawful purpose.

Dec. 7, 14, 21, 28; Jan. 4, 11

— LEGAL NOTICE —

NOTICE OF FORMATION OF A LIMITED PARTNERSHIP

WNYPRS, L.P. having executed a Partnership Agreement and filed its Certificate of Limited Partnership with the New York Secretary of State (NYSS) on November 21, 2017. Its office is located in Erie County. The NYSS is the designated agent of the L.P. upon whom process against it may be served. NYSS may mail a copy of process to 1967 Wehrle Drive, Ste. 9, Williamsville, NY 14221. The name, and business or residence street address of each general partner is available from NYSS. The L.P. dissolution date is November 21, 2037. Purpose: Any lawful purpose.

Dec. 7, 14, 21, 28; Jan. 4, 11

— LEGAL NOTICE —

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE Plaintiff designates ERIE as the place of trial situs of the real property SUPPLEMENTAL SUMMONS Mortgaged Premises: 40 MARIE AVE. CHEEKTOWAGA, NY 14227 Section: 113.12 Block: 1 Lot: 36 INDEX NO. 602291/2013 ONEWEST BANK FSB, Plaintiff,

-against- ACEA MOSEY THE ERIE COUNTY PUBLIC ADMINISTRATOR, AS ADMINISTRATOR FOR THE ESTATE OF LOUISE A. PALMISANO A/K/A LOUISE ANN PALMISANO; MARY D. QUICK, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF LOUISE A. PALMISANO A/K/A LOUISE ANN PALMISANO; SANDRA NOVAK, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF LOUISE A. PALMISANO A/K/A LOUISE ANN PALMISANO; any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; INTERNAL REVENUE SERVICE-UNITED STATES OF AMERICA; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE TAX COMPLIANCE DIVISION C.O.-ATC, and "JOHN DOE #1" to "JOHN DOE #25," said names being fictitious, the persons, parties, corporations or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. To the above-named Defendants

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT

THE OBJECT of the above caption action is to foreclose a Mortgage to secure the sum of $165,000.00 and interest, recorded on October 31, 2003, in Book 13122 at Page 8802, of the Public Records of ERIE County, New York, covering premises known as 40 MARIE AVE., CHEEKTOWAGA, NY 14227.

The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt secured by the Mortgage described above. ERIE County is designated as the place of trial because the real property affected by this action is located in said county. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Dated: October 23, 2017 Westbury, New York RAS BORISKIN, LLC Attorney for Plaintiff BY: DANIEL GREENBAUM, ESQ., 900 Merchants Concourse, Suite 106, Westbury, NY 11590; 516-280-7675.

Dec. 7, 14, 21, 28

— LEGAL NOTICE —

Notice is hereby given that a license, number ERIE RW 3159890, for beer, wine and cider has been applied for by A.C. Lunetta Inc. d/b/a Lunetta’s Restaurant to sell beer, wine and cider at retail in a restaurant under the Alcoholic Beverage Control Law at 858 Cleveland Drive, Cheektowaga, New York, for on-premises consumption.

A.C. Lunetta Inc. d/b/a Lunetta’s Restaurant

Nov. 30; Dec. 7

— LEGAL NOTICE —

An auction being held on Monday, 12-11-17, at 8:00a.m. at this address: Miller's Towing Inc., 3214 Genesee St., Cheektowaga, NY 14225:

2011 Kawasaki ZX600R color green Vin# JKAZX4R17BA027998 owned by: Justin Liszewski and Sheffield Financial towed on 3-12-2017

2008 Chevy Impala color blue Vin# 2G1WT58N481344373 owned by: Daniel Hartrich and United Auto Credit towed on 6-11-2017

Nov. 30; Dec. 7

— LEGAL NOTICE —

PASTRYISMYBF LLC. Art. of Org. filed with the SSNY on 11/03/17. Office: ERIE County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, LEGALINC CORPORATE SERVICES INC., 1967 WEHRLE DRIVE, SUITE 1 #086, BUFFALO, NY 14221. Purpose: Any lawful purpose.

Nov. 16, 23, 30; Dec. 7, 14, 21

— LEGAL NOTICE —

NOTICE TO BIDDERS

The Board of Education of the Cheektowaga-Maryvale Union Free School District, Cheektowaga, New York, hereby invites the submission of sealed bids from reputable and qualified companies to take down, clean, fireproof and rehang all of the stage draperies in multiple buildings.

Bid documents specifying the locations with the number of draperies in each building may be obtained during business hours at the District Business Office located at 1050 Maryvale Drive, Cheektowaga, New York 14225, starting Thursday, December 7, 2017.

Sealed bids will be received in the Board Room at 1050 Maryvale Drive, Cheektowaga, NY 14225, up to 10 o'clock, A.M. on Thursday, December 14, 2017, when they will be publicly opened.

The Board of Education reserves the right to reject any and all bids.

BY ORDER OF THE BOARD OF EDUCATION OF CHEEKTOWAGA MARYVALE UNION FREE SCHOOL DISTRICT

Carol Janis
Clerk of Board of Education
Dated: 11/30/17
Dec. 7

— LEGAL NOTICE —

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE Index No. 812159/2016 SUPPLEMENTAL SUMMONS WITH NOTICE BANK OF AMERICA, N.A., Plaintiff, -against DON WRIGHT AS HEIR AT LAW OF THE ESTATE OF CYNTHIA J. WRIGHT A/K/A CYNTHIA WRIGHT, ANTHONY WRIGHT AS HEIR AT LAW OF THE ESTATE OF CYNTHIA J. WRIGHT A/K/A CYNTHIA WRIGHT, WILLIE JOE WRIGHT AS HEIR AT LAW OF THE ESTATE OF CYNTHIA j> WRIGHT A/K/A CYNTHIA WRIGHT,If they be living and if they be dead, the respective heirs-at-law, next-of-kin, distributes, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and suc- cessors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased , by purchase, inheritance, lien or inheritance, lien or otherwise any right, title or interest in or to the real property described in the complaint, JESSIE JENKINS AS HEIR AT LAW OF THE ESTATE OF CYNTHIA J. WRIGHT A/K/A CYNTHIA WRIGHT, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE and UNITED STATES OF AMERICA-INTERNAL REVENUE SERVICE, Defendants, To the above named defendants: YOU ARE HEREBY SUMMONED to answer the amended complaint in this action and to serve a copy of your answer, or, if the amended complaint is not served with this supplemental summons, to serve a notice of appearance, on the plaintiff's attorneys within 20 days after the service of this supplemental 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); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. The foregoing supplemental summons is served upon you by publication pursuant to an Order of the Honorable M. WILLIAM BOLLER Justice of the Supreme Court of the State of New York, Erie County, dated the 19TH day of April , 2017 and duly entered in the office of the Clerk of the County of Erie, State of New York.

NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT The object of the above captioned action is to foreclose a Mortgage to secure $59,714.00 and interest, recorded in the Office of the County Clerk of Erie County on April 3, 1997 in Liber 12739, Page 4994, which mortgage was assigned to Countrywide Home Loans Servicing, Inc. by assignment of mortgage dated June 2, 1997, which was recorded in the Office of the County Clerk of Erie County on September 11, 1997 in Liber 12756, Page 9273, which mortgage was further assigned to Bank of America, N.A. by assignment of mortgage dated December 2, 2014, which will be recorded in the Office of the County Clerk of Erie County, covering premises known as 71 CHESTER STREET, BUFFALO, COUNTY OF ERIE, STATE OF NEW YORK (Section 100.33 Block 2 Lot 39.120). The relief sought in the within action is a final judgment directing the sale of the premises described above. Premises situate in the City of Buffalo, being paatt of Lot No. 36, Township 11, Range 8 of the Holland Land Company’s Survey is known as all of subdivision Lot 19 and the Southerly 15 feet of subdivision Lot No. 17 in Block 3 according to map filed in the Erie County Clerk’s Office under Cover No.122, being 45 feet front and rear by 100 feet in depth, Chester Street, East Side, 155.30 feet north of Woodlawn Avenue. Section 100.33 Block 2 Lot 39.120. Dated: Rego Park, New York November 7, 2017 DAVID A. GALLO & ASSOCIATES LLP. By: Rosemarie A. Klie, Esq. Attorneys for Plaintiff 95-25 Queens Boulevard, 11th Floor Rego Park, New York 11374; (718) 459-9000

Nov. 16, 23, 30; Dec. 7

— LEGAL NOTICE —

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE Plaintiff designates ERIE as the place of trial situs of the real property SUPPLEMENTAL SUMMONS Mortgaged Premises: 5215 GENESEE STREET, BOWMANSVILLE, NY 14026 Section: 93.06 Block: 1 Lot: 2 INDEX NO. 807173/2017 NATIONSTAR MORTGAGE LLC, Plaintiff, vs. ROBERT D. FREEMAN, HEIR AND DISTRIBUTEE OF THE ESTATE OF ROBERT JAMES FREEMAN; MICHAEL FREEMAN, HEIR AND DISTRIBUTEE OF THE ESTATE OF ROBERT JAMES FREEMAN; FRED FREEMAN, HEIR AND DISTRIBUTEE OF THE ESTATE OF ROBERT JAMES FREEMAN; DANIEL FREEMAN, HEIR AND DISTRIBUTEE OF THE ESTATE OF ROBERT JAMES FREEMAN; JAMES FREEMAN, HEIR AND DISTRIBUTEE OF THE ESTATE OF ROBERT JAMES FREEMAN; any and all persons unknown to plaintiff, claiming, or who may claim to have an interest in, or general or specific lien upon the real property described in this action; such unknown persons being herein generally described and intended to be included in the following designation, namely: the wife, widow, husband, widower, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors, and assignees of such deceased, any and all persons deriving interest in or lien upon, or title to said real property by, through or under them, or either of them, and their respective wives, widows, husbands, widowers, heirs at law, next of kin, descendants, executors, administrators, devisees, legatees, creditors, trustees, committees, lienors and assigns, all of whom and whose names, except as stated, are unknown to plaintiff; CITIZENS BANK, NATIONAL ASSOCIATION F/K/A RBS CITIZENS, NATIONAL ASSOCIATION; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA – INTERNAL REVENUE SERVICE; HSBC BANK USA, NA F/K/A MARINE MIDLAND BANK-WESTERN, ''JOHN DOE #1'' through ''JOHN DOE #12,'' the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint,

Defendants. To the above-named Defendants YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of the above caption action is to foreclose a Mortgage to secure the sum of $55,000.00 and interest, recorded on August 13, 2007 in Official Record Book 13365 at Page 5690, of the Public Records of ERIE County, New York, covering premises known as 5215 GENESEE STREET, BOWMANSVILLE, NY 14026. The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt secured by the Mortgage described above. ERIE County is designated as the place of trial because the real property affected by this action is located in said county. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company will not stop the foreclosure action.

YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.

Dated: October 11, 2017
Westbury, New York
RAS BORISKIN, LLC
Attorney for Plaintiff
BY: DANIEL GREENBAUM, ESQ.
900 Merchants Concourse
Suite 106
Westbury, NY 11590
516-280-7675
Nov. 16, 23, 30; Dec. 7

— LEGAL NOTICE —

NOTICE OF SPECIAL SCHOOL DISTRICT MEETING AND VOTE CHEEKTOWAGA-MARYVALE UNION FREE SCHOOL DISTRICT ERIE COUNTY, NEW YORK

The Board of Education of the Cheektowaga-Maryvale Union Free School District, Erie County, New York (the “District”), HEREBY GIVES NOTICE that a special school district meeting and vote (the “Special Meeting and Vote”) will be held on Tuesday, December 12, 2017 in the gymnasium at the Robert A. Binner Educational Center, 1050 Maryvale Drive, Cheektowaga, New York in the District, at 12:00 noon, local time, for the purpose of voting (by electronic scan voting machines) upon the two propositions hereinafter set forth. Polls for the purpose of voting will be kept open between the hours of 12:00 noon and 9:00 p.m., local time, on that day. In the event that the District’s schools are closed on December 12, 2017 due to emergency or inclement weather (or for any other reason), the date of the Special Meeting and Vote will be changed, without further notice, to the date on which the District’s schools are next open.

PROPOSITION NO. 1 CAPITAL IMPROVEMENTS PROJECT, 2017

Shall the following resolutions be adopted, to-wit:

RESOLVED, that the Board of Education (the “Board”) of the Cheektowaga Maryvale Union Free School District, Erie County, New York (the “District”), is hereby authorized to undertake a proposed capital improvements project (the “Project”) consisting of the reconstruction and renovation of, and the construction of improvements and upgrades to, various District buildings and facilities (and the sites thereof), at an estimated maximum cost of $24,300,000, to implement various health, safety, accessibility and Code compliance measures required by the State Education Department in connection with any significant capital project and various other measures that are generally described in (but not to be limited by) the written plan for the Project that was prepared by the District with the assistance of Young + Wright Architectural (the “Project Plan”), which is available for public inspection in the offices of the District Clerk, such work being anticipated to include, without limitation and to the extent as and where required, the particular items described below. Proposed renovations at each of the academic buildings are anticipated to include roofs and associated upgrades such as roof ladders and drains, lightning protection, and skylights. Other proposed exterior building envelope upgrades are anticipated to include masonry sealant, wall veneer panels, soffit assemblies, and doors. Proposed HVAC improvements are anticipated to include modernizing the HVAC system at the District’s Intermediate/Middle School through the installation of a chiller for cooling and new boilers, modifying the existing HVAC system at the District’s High School through the installation of chillers and a split system for cooling and unit ventilators, upgrading the chiller at the District’s Primary School, and the installation of other items at the schools such as exhaust fans, roof vents, smoke vents, and exterior hose bibs. Other proposed upgrades are anticipated to include electrical improvements such as transformer relocation, underground electrical service, electric panels, and stage and exterior lighting; various ADA and Code compliance upgrades for items such as interior doors, stairs, and windows; and various upgrades to paging systems, classroom folding partitions, gymnasium wall pads, entrance mats, automatic door openings and fire extinguishers. Proposed site work is anticipated to include a synthetic turf field within the track, synthetic turf baseball and softball infields, an additional tennis court, a traffic light sensor at the entrance driveway, and concrete and asphalt sidewalks, steps, and stairs. The foregoing components of the Project (or so much thereof as can be accomplished within the overall budget for the Project, once the construction bids are received) are to be undertaken at an estimated maximum cost of $24,300,000, and will include the purchase of original furnishings, equipment, machinery and apparatus required in connection with the purposes for which such buildings, facilities and sites are used, and all ancillary or related work required in connection therewith, and the Board is authorized to expend therefor, including for preliminary costs and costs incidental thereto and to the financing thereof, an amount not to exceed the estimated maximum cost of $24,300,000, provided that the detailed costs of the components of the Project (as generally described in the Project Plan) may be reallocated among such components, or such components may be deleted, revised or supplemented if (1) the Board shall determine that such reallocation, deletion, revision or supplementation is in the best interests of the District and (2) the aggregate amount to be expended for the Project shall not exceed $24,300,000 and (3) no material change shall be made in the overall scope and nature of the Project; and be it further

RESOLVED, that the Board is hereby authorized to expend or apply toward the Project, during the current fiscal year of the District, the entire balance (which stood at approximately $5,011,417 as of June 30, 2017), plus any additional interest earned, from the District’s 2012 Capital Reserve Fund, and then to terminate such Fund; and be it further

RESOLVED, that the Board is hereby authorized to expend or apply toward the Project $1,375,000 of other available District funds; and be it further

RESOLVED, that a tax is hereby voted to finance the balance of the estimated maximum cost of the Project in an amount not to exceed $17,913,583, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; and be it further

RESOLVED, that in anticipation of such tax, obligations of the District (including, without limitation, serial bonds, statutory installment bonds, qualified zone academy bonds, and/or lease/purchase obligations structured as qualified zone academy bonds) are hereby authorized to be issued in the aggregate principal amount of not to exceed $17,913,583, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; and be it further

RESOLVED, that New York State Building Aid funds expected to be received by the District (and, possibly, grants or other funds that the District may receive for application towards the Project) are anticipated to offset a substantial part of such costs, and such funds shall, to the extent received, be applied to offset and reduce the amount of taxes herein authorized to be levied.

PROPOSITION NO. 2 ESTABLISHMENT OF A NEW CAPITAL RESERVE FUND YES NO

Shall the following resolution be adopted, to-wit:

RESOLVED, that the Board of Education (the “Board”) of the Cheektowaga Maryvale Union Free School District, Erie County, New York (the “District”) is hereby authorized to establish a new capital reserve fund pursuant to Section 3651 of the Education Law of the State of New York (the “Fund”); that the Fund shall be known as the “2017 Capital Reserve Fund” of the District; that the Fund shall be established for the purpose of financing, in whole or in part, the acquisition, construction, reconstruction, expansion, renovation, alteration and improvement of buildings, facilities, sites and real property by the District, or the District’s share of the cost of any capital improvements project undertaken by a board of cooperative educational services (“BOCES”) of which the District is or may become a component district including, in all cases, the acquisition of necessary furnishings, equipment, machinery and apparatus; that the ultimate amount of the Fund shall be not greater than $7,500,000 (plus interest earned thereon); that the probable term of the Fund shall be no longer than ten (10) years; and that the permissible sources from which the Board is authorized to appropriate monies to the Fund from time to time shall be (a) unappropriated fund balance of the District, (b) State aid received as reimbursement for expenditures by the District in connection with District capital improvements or a BOCES project (whether or not financed in whole or in part from the Fund), (c) the proceeds from the sale of unneeded District real or personal property and (d) such other sources as the Board or the voters of the District may direct from time to time.

NOTICE IS HEREBY FURTHER GIVEN that such Proposition No. 2 will appear on the scannable ballot sheets to be utilized at the Special Meeting and Vote in substantially the form presented above, and that Proposition No. 1 above shall appear on the scannable ballot sheets in substantially the following abbreviated form:

PROPOSITION NO. 1 CAPITAL IMPROVEMENTS PROJECT, 2017 YES NO

Shall the following resolution be adopted, to-wit:

RESOLVED, that (a) the Board of Education (the “Board”) of the Cheektowaga Maryvale Union Free School District, Erie County, New York (the “District”) is hereby authorized to undertake a capital improvements project, consisting of the reconstruction and renovation of, and the construction of improvements and upgrades to, various District buildings and facilities (and the sites thereof), to implement various health, safety, accessibility and Code compliance measures and various other measures included and generally described in (but not to be limited by) the Project Plan that was referred to in the public notice of the vote on this Proposition (collectively, the “Project”), and to expend therefor an amount not to exceed $24,300,000; (b) the Board is hereby authorized to expend toward the Project the entire balance (being approximately $5,011,417 as of June 30, 2017, plus any additional interest earned) from the District’s 2012 Capital Reserve Fund, and then to terminate such Fund; (c) the Board is hereby authorized to expend toward the Project $1,375,000 of other available District funds; (d) a tax is hereby voted in an amount not to exceed $17,913,583 to finance the balance of the cost of the Project, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; (e) in anticipation of such tax, obligations of the District are hereby authorized to be issued in the maximum aggregate principal amount of not to exceed $17,913,583, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; and (f) New York State Building Aid funds expected to be received by the District (and, possibly, grants or other funds that the District may receive for application towards the Project) are anticipated to offset a substantial part of such costs, and such funds, to the extent received, shall be applied to offset and reduce the amount of taxes herein authorized to be levied.

NOTICE IS HEREBY FURTHER GIVEN that an Environmental Assessment Form has been completed for all of the anticipated work involved in the Project, which constitutes a Type I action under the State Environmental Quality Review Act (“SE- QRA”), a thorough review of the Project’s potential environmental impacts has been undertaken, it has been found that the Project will not result in a significant adverse impact on the environment, and a reasoned elaboration of the SEQRA review and findings has been provided in a Negative Declaration.

NOTICE IS HEREBY FURTHER GIVEN that applications for absentee ballots may be obtained at the office of the District Clerk between the hours of 8:00 a.m. and 4:00 p.m., local time. Completed applications must be received by the District Clerk at least seven days before the Special Meeting and Vote, if the ballot is to be mailed to the voter, or on the day before the Special Meeting and Vote, if the ballot is to be issued personally to the voter. The list of all persons to whom absentee ballots shall have been issued will be available for inspection in the office of the District Clerk, between the hours of 8:00 a.m. and 4:00 p.m., local time, until the day set for voting, except for Saturdays, Sundays and holidays. No absentee ballot will be canvassed unless it is received in the office of the District Clerk prior to 5:00 p.m., local time, on December 12, 2017, in the office of the District Clerk, 1050 Maryvale Drive, Cheektowaga, New York. Dated: October 23, 2017 Cheektowaga, New York BY ORDER OF THE BOARD OF EDUCATION OF CHEEKTOWAGA MARYVALE UNION FREE SCHOOL DISTRICT ERIE COUNTY, NEW YORK By: s/ Carol A. Janis, District Clerk

Oct. 26; Nov. 9, 23; Dec. 7

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