Weekly Feature



2017-09-14 / Legal Notices

Public Notices

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

— LEGAL NOTICE —

Markarios, LLC, Arts of Org. filed with Sec. of State of NY (SSNY) 9/6/2017. Cty: Erie. SSNY desig. as agent upon whom process against may be served & shall mail process to 361 Dingens St., Buffalo, NY 14206. General Purpose.

Sept. 14, 21, 28; Oct. 5, 12, 19

— LEGAL NOTICE —

Sunnyside Liquors LLC has been formed as a domestic limited liability company (LLC) by filing Articles of Organization with the New York Secretary of State on 06/21/17. The County of operation for this LLC is Erie County. The Secretary of State is designated as the agent upon whom process against the LLC may be served. The Secretary of State shall mail a copy of any process served upon him or her to 572-576 Hertel Ave., Buffalo, NY 14207. The purpose of the company is to conduct any lawful activity.

Sept. 14, 21, 28; Oct. 5, 12, 19

— LEGAL NOTICE —

Just 4 Fun BBQ, LLC Articles of Organization filed with the Secretary of State of New York (SSNY) on 8/22/2017. Office in Erie County. SSNY is the designated agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to 19 Shanley St., Cheektowaga, NY 14206. Purpose: Any lawful purpose.

Sept. 7, 14, 21, 28; Oct. 5, 12

— 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: 1089 WALDEN AVENUE CHEEKTOWAGA, NY 14211 Section: 101.6 Block: 8 Lot: 21 INDEX NO. 814650/2016 CIT BANK, N.A.,

Plaintiff, vs. HEIDI A. D'ANGELO, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF JOSEPH BISCARO A/K/A JOSEPH BISCARO, JR.; REBECCA BISCARO, AS HEIR AND DISTRIBUTEE OF THE ESTATE JOSEPH BISCARO A/K/A JOSEPH BISCARO, JR.; HILDA DOWDALL, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF JOSEPH BISCARO A/K/A JOSEPH BISCARO, JR.; SUSAN PELS, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF JOSEPH BISCARO A/K/A JOSEPH BISCARO, JR.; JANE JONES, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF JOSEPH BISCARO A/K/A JOSEPH BISCARO, JR.; 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 DEVEL- OPMENT; PATRICK K. DAVIS; PAMELA DAVIS; CREDIT FIRST NATIONAL ASSOCIATION; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA, ''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 $82,500.00 and interest, recorded on April 4, 2000, in Record Book 12877 at Page 1444, of the Public Records of ERIE County, New York, covering premises known as 1089 WALDEN AVENUE, CHEEKTOWAGA, NY 14211. 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: August 15, 2017 Westbury, New York RAS BORISKIN, LLC Attorney for Plaintiff BY: IRINA DULARIDZE, ESQ. 900 Merchants Concourse, Suite 106 Westbury, NY 11590 516-280-7675.

Aug. 31; Sept. 7, 14, 21

— LEGAL NOTICE —

STATE OF NEW YORK COUNTY COURT: COUNTY OF ERIE MidFirst Bank

Plaintiff,

-against- Erie County Public Administrator, as Administrator of the Estate of Willie Ann Brown a/k/a Willie Anne Brown, Willie Ann Brown a/k/a Willie Anne Brown’s respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, Linda G. Robinson a/k/a Linda Gail Robinson Individually and as Heir to the Estate of Willie Ann Brown a/k/a Willie Anne Brown, Demetrius F. Brown, as Heir to the Estate of Willie Ann Brown a/k/a Willie Anne Brown, Charles L. Robinson as Heir to the Estate of Willie Ann Brown a/k/a Willie Anne Brown, Kevin White, as Heir to the Estate of Willie Ann Brown a/k/a Willie Anne Brown, United States of America, New York State Department of Taxation and Finance, Erie County Probation Department, People of the State of New York, Buffalo Neighborhood Revitalization Corporation, RAB Performance Recoveries LLC, Unifund CCR Partners as Assignee of Providian National Bank, Workers' Compensation Board of the State of New York, LVNV Funding, LLC, Capital One Bank (USA) NA fka Capital One Bank, Erie County Department of Social Services, Global Acceptance Credit Corp., Household Finance Corp., Tamarah N. Woods, Kilolo Clinton, Midland Funding LLC dba in New York as Midland Funding of Delaware LLC, Citibank South Dakota, N.A., Sprint, HSBC Bank Nevada N.A.,

Defendants.

Index #: 600611/2016
Filed: 8/14/2017

SUPPLEMENTAL SUMMONS

Plaintiff designates Erie County as the place of trial. Venue is based upon the County in which the mortgaged premises is situated.

TO THE ABOVE NAMED DEFENDANT( S):

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 attorneys for the plaintiff within twenty (20) days after service of this Summons, exclusive of the day of service; or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York; or within sixty (60) days if it is the United States of America. 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.

Dated: Bay Shore, New York

August 9, 2017

FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP

BY: Pamela Flink

Attorneys for Plaintiff

53 Gibson Street

Bay Shore, New York 11706

(631) 969-3100

Our File No.: 01-074980-F00

TO:

Erie County Public Administrator, as Administrator of the Estate of Willie Ann Brown a/k/a Willie Anne Brown, 625 Delaware Avenue, Ste. 304, Buffalo, NY 14202

Linda G. Robinson a/k/a Linda Gail Robinson Individually and as Heir to the Estate of Willie Ann Brown a/k/a Willie Anne Brown, 873 Walden Avenue, Buffalo, NY 14211

Demetrius F. Brown as Heir to the Estate of Willie Ann Brown a/k/a Willie Anne Brown, 74 Good Avenue, Buffalo, NY 14220

Charles L. Robinson as Heir to the Estate of Willie Ann Brown a/k/a Willie Anne Brown, 1201 Spring Street, Gulfport, MS 39507

Kevin White as Heir to the Estate of Willie Ann Brown a/k/a Willie Anne Brown, 352 Highgate Avenue, Buffalo, NY 14215

United States of America

People of the State of New York

RAB Performance Recoveries LLC, 10 Forest Avenue, Paramus, NJ 07653

Unifund CCR Partners as Assignee of Providian National Bank, 10625 Techwoods Circle, Cincinnati, OH 45242

LVNV Funding, LLC, 15 South Main Street, Ste. 600, Greenville, SC 29601

Capital One Bank (USA) NA fka Capital One Bank, 4851 Cox Roadd, Glen Allen, VA 23059

Global Acceptance Credit Corp., PO Box 172800, Arlington, TX 76003

Household Finance Corp., PO Box 172800, Arlington, TX 76003

Tamarah N. Woods, 95 Franklin Street, Buffalo, NY 14202

Kilolo Clinton, 95 Franklin Street, Buffalo, NY 14202

Midland Funding LLC dba in New York as Midland Funding of Delaware LLC, 8875 Aero Drive, Ste. 200, San Diego, CA 92123

Citibank South Dakota, N.A., 4150 Olson Memorial Highway #200, Minneapolis, MN 55422

Sprint, 4150 Olson Memorial Highway #200, Minneapolis, MN 55422

HSBC Bank Nevada N.A., 4150 Olson Memorial Highway #200, Minneapolis, MN 55422

Aug. 31; Sept. 7, 14, 21

— LEGAL NOTICE —

NOTICE OF FORMATION OF A DOMESTIC LIMITED LIABILITY COMPANY

ZE6, LLC has been formed as a Domestic Limited Liability Company (LLC) in New York. Certificate filed with the Secretary of State in New York Department of State on 07/26/17. NY office location in Erie County. NYSS is upon whom process against LLC may be served. NYSS shall mail process to LLC at 343 Elmwood Avenue, Buffalo, NY 14213. The purpose of the LLC is to engage in any lawful act.

Aug. 17, 24, 31; Sept. 7, 14, 21

— LEGAL NOTICE —

Notice of Formation of Western New York Real Estate Ventures, LLC. Arts. of Org. filed with Secy. of State of NY (SSNY) on 7/26/17. Office location: Erie County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o Maxim Management Services, LLC, 3085 Harlem Road, Ste. 350, Cheektowaga, NY 14225. Purpose: any lawful activity.

Aug. 10, 17, 24, 31; Sept. 7, 14

— LEGAL NOTICE —

NOTICE TO BIDDERS

Sealed proposals will be received and considered by the Town Board of the Town of Cheektowaga on Wednesday, October 4, 2017, at 11:00 am, at the Town Clerk’s Office in the Cheektowaga Town Hall, corner of Broadway and Union Roads, Cheektowaga, New York, for the purchase of copy paper and envelopes (BID# 2017-33 LAW) for all Town of Cheektowaga departments for calendar years 2017 (remainder of year) and 2018.

Information for bidders and specifications may be obtained from the Town Clerk at her office in said Town.

Proposals shall be submitted in a sealed envelope, plainly marked on the outside “Bid for Purchase of Copy Paper and Envelopes” and submitted to the Town Clerk prior to bid opening.

No bidder may withdraw his bid within forty-five (45) days after the actual date of the opening thereof.

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 and all bids.

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

Vickie L. Dankowski, Town Clerk

DATED: September 12, 2017

Sept. 14

— LEGAL NOTICE —

At a term of the Family Court of the State of New York, held in and for the County of Chautauqua at Mayville, New York on March 1, 2017 PRESENT: HON. JEFFREY A. PIAZZA, J.F.C. In the Matter of the Commitment of Guardianship and Custody pursuant to §384-b of the Social Services Law of Kara Rossey A Child under the Age of Eighteen Years, alleged to be an Abandoned Child Regina Tuszynski,

Respondent

FINDINGS OFF ACT,

CONCLUSIONS OF LAW AND

ORDER OF DISPOSITION

(Abandoned Child)

Docket No. B-916-16

THE NEXT PERMANENCY HEARING SHALL BE HELD ON March 21, 2017 at 11:15 am.

A Petition under Section 384-b of the Social Services Law, dated [specify]: April 11, 2016, having been filed in this Court alleging that [specify]: Kara Rossey is an abandoned child; and summons having been issued and duly served upon and notice having been duly given to all proper parties hereto, and

Respondent Regina Tuszynski having not appeared; and

Respondent Regina Tuszynski having failed to appear and the matter having duly come on for a fact-finding hearing by inquest before this Court; and

The child having been represented by attorney, Mary S. Hajdu, Esq., and

The legal status of the other parent: Dwayne Smith surrendered his parental rights on March 1, 2017; and

The matter having duly come on for a fact-finding hearing, the Court, after hearing the proofs and testimony offered in relation to the case

The Court finds that Regina Tuszynski has abandoned the child for a period of six months immediately preceding the filing of the petition and is supported by clear and convincing evidence, and the Court further makes the following findings of fact by clear and convincing evidence and comes to the following conclusions of law:

FINDINGS OF FACT

The child has been in foster care of an authorized agency for a continuous one-year period immediately prior to the initiation of this proceeding. The testimony of the Petitioner proved the Respondent has not demonstrated any sustained interest in the child. A neglect proceeding was filed against Regina Tuszynski under NN-1999-15 in Chautauqua County Family Court. Since that time, the mother's whereabouts have been unknown. The child has remained in foster care since August 20, 2015 and despite the diligent efforts of the Department to engage the Respondent, she has not kept in contact with the child;

CONCLUSIONS OF LAW

The Court finds that the Respondent has abandoned the child.

NOW, therefore, it is

ORDERED AND ADJUDGED, that Kara Rossey is an abandoned child as defined in subdivision five of §384-b of the Social Services Law; and it is further

ORDERED, that the guardianship and custody rights of Kara Rossey are transferred to the Chautauqua County Department of Health and Human Services, an authorized agency; and such guardianship and custody of the child are committed to the authorized agency upon the following terms and conditions: for the purposes of adoption; and it is further

ORDERED, that the Chautauqua County Department of Health and Human Services is authorized and empowered to consent to the adoption of the child subject to the order of a Court of competent jurisdiction to which a petition for adoption is submitted without the consent of or further notice to Regina Tuszynski, the mother; and it is further

ORDERED, that the Petitioner herein shall forthwith advise the pre-adoptive foster parents of their right to file an adoption petition in a court of competent jurisdiction and further advise the pre- adoptive foster parents as to all necessary supporting documents; and it is further

ORDERED, that a certified copy of this Order be filed for recording at the Office of the County Clerk in accordance with the provisions of Section 384-b of the Social Services Law; and it is further

ORDERED, that if the child remains in the custody and guardianship of the authorized agency or foster parent, the next permanency hearing shall be held on March 21, 2017 at 11:15 a.m.; and it is further

ORDERED, that Petitioner shall transmit notice of the hearing and a permanency report no later than 14 days in advance of the above date certain to all parties, attorneys, the attorney for the child and any pre-adoptive parent or relative providing care to the child and, unless dispensed with by the Court, shall transmit notice of the hearing to former foster parents who have had care of the child in excess of 12 months. ENTER HON. JEFFREY A. PIAZZA, J.F.C. Dated: April 21, 2017 PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BET AKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST.

Sept. 14

— LEGAL NOTICE —

TOWN OF CHEEKTOWAGA ZONING BOARD OF APPEALS Meeting: 9/20/2017

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Cheektowaga will hold a Public Hearing on 9/20/2017 at 7:00 P.M. at the Town Hall Council Chambers, 3301 Broadway, corner of Union Road, Cheektowaga, New York, to consider the following applications for Variances, Temporary or Special Use Permits, Interpretations or Certificates of Zoning Compliance under the Zoning Law pursuant to Article IX of the Zoning Law of the Town of Cheektowaga.

1. Area Variance requested by Kevin Vullo

For property located at 20 Homewood Avenue

The applicant’s proposed building addition in the rear yard will be five (5) feet from the property line, whereas, Zoning Law requires a distance of 25% of the lot depth or a minimum of twenty five (25) feet.

2. Area Variance requested by Dennis Dwyer / Lord of Life Church

For property located at 1025 Borden Road

The applicant’s additional proposed shed will create a total area of (840) square feet, whereas, Zoning Law limits all accessory structures to a total of (750) square feet in area.

3. Area Variance requested by Jonathan Danat

For property located at 77 South Hedley Street

The applicant’s proposed fence in required open space is four (4) feet, whereas, Zoning Law permits a maximum of (3 ½) feet.

4. Area Variance requested by Timothy Zack

For property located at 47 Marilyn Drive

The applicant’s detached accessory structure is six feet three inches (6’3”) from the principle dwelling, whereas, Zoning Law permits a minimum of ten (10) feet.

5. Area Variance requested by Mohammed Talukder

For property located at 132 Wanda Avenue

The applicant’s proposed building addition and deck are less than two (2) feet from the property line, whereas, Zoning Law permits a minimum of five (5) feet.

6. Area Variance requested by Gerald Ruhland / Andrew McKelvey, Architect

For property located at 362 Beach Road

The applicant wants to replace a single-family residency with a fifty (50) foot interior lot, whereas, Zoning Law requires sixty (60) feet minimum.

7. Area Variance requested by Jaclyn Farsi

For property located at 549 French Road

The applicant’s proposed driveway extension is directly in front of the principal dwelling, whereas, Zoning Law does not permit it.

The applicant’s proposed a walkway and terrace within the required front yard, whereas, Zoning Law requires front yards to be completely landscaped, besides access drives and walks.

BY ORDER OF THE
ZONING BOARD OF APPEALS
Robert Brandon, Chairman
Jane Wiercioch
Kenneth L. Young
John Marriott
Justin Young
Sept. 14

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