2010-08-19 / Legal Notices

Public Notices

— LEGAL NOTICE —

Repeal Gasoline & Other Flammable

Liquids Ordinance

WHEREAS, the Town of Cheektowaga, on August 6, 1962, adopted a Gasoline and Other Flammable Liquids Ordinance, f/k/a Ordinance No. 33 - Underground Storage of Gasoline and Other Flammable Liquids (Chapter 135 of the Code of the Town of Cheektowaga) with amendments thereto, and

WHEREAS, the provisions of this law are either covered by the Codes of the State of New York or other Town laws, and

WHEREAS, Code Publishers and the Town of Cheektowaga Petitions Committee have recommended that this ordinance be repealed, and

WHEREAS, this Town Board desires to repeal the Gasoline and Other Flammable Liquids Ordinance, and

WHEREAS, in accordance with the provisions of Section 130 of the Town Law of the State of New York, a public hearing was held on the 16th day of August, 2010 at 6:45 P.M. at a meeting of the Town Board at the Cheektowaga Town Hall, 3301 Broadway, Cheektowaga, New York 14227, at which hearing all parties in interest and citizens had an opportunity to be heard as to whether Chapter 135 of the Code of the Town of Cheektowaga (“Gasoline and Other Flammable Liquids Ordinance”) shall be repealed in its entirety, and

WHEREAS, it is in the public interest to repeal the aforesaid Gasoline and Other Flammable Liquids Ordinance in its entirety, NOW, THEREFORE, BE IT

RESOLVED, that the Gasoline and Other Flammable Liquids Ordinance (Chapter 135 of the Code of the Town of Cheektowaga) be and hereby is repealed in its entirety, and BE IT FURTHER

RESOLVED, that a copy of this resolution be entered in the minutes of the meeting of the Town Board of the Town of Cheektowaga held on the 16th day of August, 2010; and that a certified copy hereof be published in the CHEEKTOWAGA BEE, the official Town newspaper, and BE IT FURTHER

RESOLVED, that the aforementioned repeal of the Gasoline and Other Flammable Liquids Ordinance shall take effect ten (10) days after such publication.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Supervisor Holtz

SECONDER: Charles Markel, Councilmember

AYES: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel,

ABSENT: Stanley Kaznowski, Councilmember

Aug. 19

— LEGAL NOTICE —

Repeal Excavations Ordinance

WHEREAS, the Town of Cheektowaga, on June 28, 1948 and June 18, 1934, adopted an Excavations Ordinance, f/k/a Ordinance No. 16- Regulating Sand Bank and Gravel Pits, Topsoil Removal and Other Excavations; and Ordinance No. 5 - Quarry, Pits and Excavations (Chapter 111 of the Code of the Town of Cheektowaga) with amendments thereto, and

WHEREAS, the provisions of this law are either covered by the Codes of the State of New York or other Town laws, and

WHEREAS, Code Publishers and the Town of Cheektowaga Petitions Committee have recommended that this ordinance be repealed, and

WHEREAS, this Town Board desires to repeal the Excavations Ordinance, and

WHEREAS, in accordance with the provisions of Section 130 of the Town Law of the State of New York, a public hearing was held on the 16th day of August, 2010 at 6:45 P.M. at a meeting of the Town Board at the Cheektowaga Town Hall, 3301 Broadway, Cheektowaga, New York 14227, at which hearing all parties in interest and citizens had an opportunity to be heard as to whether Chapter 111 of the Code of the Town of Cheektowaga (“Excavations Ordinance”) shall be repealed in its entirety, and

WHEREAS, it is in the public interest to repeal the aforesaid Excavations Ordinance in its entirety, NOW, THEREFORE, BE IT

RESOLVED, that the Excavations Ordinance (Chapter 111 of the Code of the Town of Cheektowaga) be and hereby is repealed in its entirety, and BE IT FURTHER

RESOLVED, that a copy of this resolution be entered in the minutes of the meeting of the Town Board of the Town of Cheektowaga held on the 16th day of August, 2010; and that a certified copy hereof be published in the CHEEKTOWAGA BEE, the official Town newspaper, and BE IT FURTHER

RESOLVED, that the aforementioned repeal of the Excavations Ordinance shall take effect ten (10) days after such publication.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Supervisor Holtz

SECONDER: Charles Markel, Councilmember

AYES: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel,

ABSENT: Stanley Kaznowski, Councilmember

Aug. 19

— LEGAL NOTICE —

Repeal Air Pollution Ordinance

WHEREAS, the Town of Cheektowaga, on July 7, 1958, adopted an Air Pollution Ordinance, f/k/a Ordinance No. 26 - Air Pollution Rules and Regulations and Fee Schedule (Chapter 48 of the Code of the Town of Cheektowaga) with amendments thereto, and

WHEREAS, the Town of Cheektowaga no longer has a Health Officer, and many of the other provisions of this law are either handled by the Erie County Health Department or are covered by the Codes of the State of New York, and

WHEREAS, Code Publishers and the Town of Cheektowaga Petitions Committee have recommended that this ordinance be repealed, and

WHEREAS, this Town Board desires to repeal the Air Pollution Ordinance, and

WHEREAS, in accordance with the provisions of Section 130 of the Town Law of the State of New York, a public hearing was held on the 16th day of August, 2010 at 6:45 P.M. at a meeting of the Town Board at the Cheektowaga Town Hall, 3301 Broadway, Cheektowaga, New York 14227, at which hearing all parties in interest and citizens had an opportunity to be heard as to whether Chapter 48 of the Code of the Town of Cheektowaga (“Air Pollution Ordinance”) shall be repealed in its entirety, and BE IT FURTHER

WHEREAS, it is in the public interest to repeal the aforesaid Air Pollution Ordinance in its entirety, NOW, THEREFORE, BE IT

RESOLVED, that the Air Pollution Ordinance (Chapter 48 of the Code of the Town of Cheektowaga) be and hereby is repealed in its entirety, and BE IT FURTHER

RESOLVED, that a copy of this resolution be entered in the minutes of the meeting of the Town Board of the Town of Cheektowaga held on the 16th day of August, 2010; and that a certified copy hereof be published in the CHEEKTOWAGA BEE, the official Town newspaper, and BE IT FURTHER

RESOLVED, that the aforementioned repeal of the Air Pollution Ordinance shall take effect ten (10) days after such publication.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Supervisor Holtz

SECONDER: Charles Markel, Councilmember

AYES: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel,

ABSENT: Stanley Kaznowski, Councilmember

Aug. 19

— LEGAL NOTICE —

Repeal Vending Machines, Milk

and Ice Ordinance WHEREAS, the Town of Cheektowaga, on March 16, 1964, adopted a Vending Machines, Milk and Ice Ordinance, f/k/a Ordinance No. 36- Coin Operated Milk and Ice Vending Machines (Chapter 245 of the Code of the Town of Cheektowaga) with amendments thereto, and

WHEREAS, this law is no longer needed, and

WHEREAS, Code Publishers and the Town of Cheektowaga Petitions Committee have recommended that this ordinance be repealed, and

WHEREAS, this Town Board desires to repeal the Vending Machines, Milk and Ice Ordinance, and

WHEREAS, in accordance with the provisions of Section 130 of the Town Law of the State of New York, a public hearing was held on the 16th day of August, 2010 at 6:45 P.M. at a meeting of the Town Board at the Cheektowaga Town Hall, 3301 Broadway, Cheektowaga, New York 14227, at which hearing all parties in interest and citizens had an opportunity to be heard as to whether Chapter 245 of the Code of the Town of Cheektowaga (“Vending Machines, Milk and Ice Ordinance”) shall be repealed in its entirety, and

WHEREAS, it is in the public interest to repeal the aforesaid Vending Machines, Milk and Ice Ordinance in its entirety, NOW, THEREFORE, BE IT

RESOLVED, that the Vending Machines, Milk and Ice Ordinance (Chapter 245 of the Code of the Town of Cheektowaga) be and hereby is repealed in its entirety, and BE IT FURTHER

RESOLVED, that a copy of this resolution be entered in the minutes of the meeting of the Town Board of the Town of Cheektowaga held on the 16th day of August, 2010; and that a certified copy hereof be published in the CHEEKTOWAGA BEE, the official Town newspaper, and BE IT FURTHER

RESOLVED, that the aforementioned repeal of the Vending Machines, Milk and Ice Ordinance shall take effect ten (10) days after such publication.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Supervisor Holtz

SECONDER: Charles Markel, Councilmember

AYES: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel,

ABSENT: Stanley Kaznowski, Councilmember

Aug. 19

— LEGAL NOTICE —

NOTICE TO BIDDERS

Sealed proposals will be received by the Town Clerk of the Town of Cheektowaga on Wednesday, September 1st, 2010 at 11:00 A.M. at Town Hall, corner of Broadway and Union Roads, for the purchase of one (1) new and unused police patrol vehicle as specified.

Information for bidders and specifications may be obtained from the Town Clerk at her office in said Town. One bid is to be submitted for the purchase of one (1) new police vehicle as listed in the bid specifications.

The Town Board reserves the right to consider informal any bid not prepared and submitted in accordance with the provisions of the specifications and contract documents, and may waive any informalities, make an award to other than the low bidder, should it be in the best interest of the Town or reject any or all bids.

By order of the Town Board of the Town of Cheektowaga, Erie County, New York.

Alice Magierski, Town Clerk

Dated: August 16th, 2010

Aug. 19

— LEGAL NOTICE —

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed proposals will be received and considered by the Town Board of the Town of Cheektowaga, County of Erie, State of New York on the 1st day of September, 2010 at 11:00 A.M. local time, in the Town of Cheektowaga Town Hall, Broadway and Union Road, Cheektowaga, New York 14227, for the furnishing of labor, tools, equipment, materials and incidentals required for asbestos removal and Demolition of 20 Randolph Avenue, 23 Hoerner Avenue, 36 Euclid Avenue and 16 Randolph Avenue, Cheektowaga, New York 14211.

Contract specifications may be examined and secured at the Town Clerk's Office at Cheektowaga Town Hall as of 10:00 A.M. on August 19, 2010.

Information for bidders and specifications may be obtained from the Town Clerk at Cheektowaga Town Hall. Bidders of this work will be required to comply with federal requirements, including the President's Executive Order number 11246. The requirements for bidders and contractors under this order which concerns non-discrimination in employed are explained in the specifications.

The right to reject any and all bids, to waive any informalities in, or to make an award to other than the low bidder, should it be deemed to be in the best interest of the Town of Cheektowaga, and in accordance with law, are herewith reserved. Attention of the bidders is further called to Section 103-d of the General Municipal Law which requires a bidder's Certificate of Non-Collusion. Such certificate is part of the bid or proposal form and, unless complied with, such bid will not be accepted.

By Order of the Town Board of the Town of Cheektowaga, Erie County, New York

Alice Magierski, Town Clerk Dated: August 16, 2010

Aug. 19

— LEGAL NOTICE —

NOTICE IS HEREBY GIVEN, that the Board of Fire Commissioners of the Bellevue Fire District NO. 9, Cheektowaga, New York at the monthly meeting on the 26th day of July, 2010, duly adopted, subject to permissive referendum, a resolution authorizing the withdrawal of FORTY THOUSAND DOLLARS ($40,000) from the capital reserve fund entitled, “FIRE-FIGHTING VEHICLE AND APPARATUS RESERVE FUND SAVING ACCOUNT” duly established for the purpose of vehicles and equipment. The expenditure will be for a 2011 Fleet/non-retail Chevrolet Silverado 2500hd, 4wd, crew cab. to be utilized for Fire District duties.

By Order of the Board of Fire Commissioners of Bellevue Fire District No. 9, Cheektowaga, New York

By: JOHN J. MCFARLAND Fire District Secretary

Aug. 19

— LEGAL NOTICE —

SUPPLEMENTAL SUMMONS

Index No.: 10-694

Date of Filing: July 29, 2010 SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF ERIE CITIMORTGAGE, INC., Plaintiff,

-against- ROBERT P KULASZEWSKI, if living, or if either or all be dead, their wives, husbands, heirs-at-law, next of kin, distributees, executors, administrators, assignees, lienors and generally all persons having or claiming under, by or through said ROBERT P KULASZEWSKI, by purchase, inheritance, lien or otherwise, of any right, title or interest in and to the premises described in the complaint herein, and the respective husbands, wives, widow or widowers of them, if any, all of whose names are unknown to plaintiff; CELENA KULASZEWSKI; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; PEOPLE OF THE STATE OF NEW YORK; UNITED STATES OF AMERICA; "JOHN DOES" and "JANE DOES", said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants. TO THE ABOVE-NAMED DEFEN- DANTS:

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 (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the State, or within thirty (30) days after completion of service where service is made in any other manner, 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.

YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TO THE ABOVE-NAMED DEFENDANTS:

The foregoing summons is served upon you by publication pursuant to an Order of the Honorable Deborah A. Haendiges of the Supreme Court of the State of New York, signed on July 15, 2010, and filed with supporting papers in the Office of the Clerk of the County of Erie, State of New York.

The object of this action is to foreclose a mortgage upon the premises described below, executed by CELENA KULASZEWSKI ROBERT P KULASZEWSKI to First Priority Mortgage in the principal amount of $94,488.00, which mortgage was recorded in Erie County, State of New York, on December 23, 2005, in Liber/Reel 13265 at page 8252. Said mortgage was thereafter assigned to the Plaintiff.

Said premises being known as and by 546 BEACH ROAD, CHEEKTOWAGA, NY 14225.

Date: May 17, 2010

Batavia, New York

Laura Strauss, Esq. ROSICKI, ROSICKI & ASSOCIATES, P. C. Attorneys for Plaintiff Batavia Office 26 Harvester Avenue Batavia, NY 14020 585.815.0288

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 Department at 1-877-BANKNYS (1-877-226-5697) or visit the Department's website at www.banking.state.ny.us. The State does not guarantee the advice of these agencies.

Aug. 12, 19, 26; Sept. 2

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