Weekly Feature



2018-01-31 / Legal Notices

Public Notices

— LEGAL NOTICE —

NOTICE OF FORMATION OF
A LIMITED LIABILITY COMPANY
The name of the Limited Liability
Company is McAULIFFE HOLDINGS, LLC; its Articles of Organization were filed with the Secretary of
State on January 4, 2018; the County
within New York in which its office is
to be located is Erie; the Secretary of
State has been designated as agent
upon whom process may be served;
the post office address to which the
Secretary of State shall mail the process is 379 Crescent Avenue, Buffalo,
New York 14214; the purpose of its
business is all legal activities.
Jan. 17, 24, 31; Feb. 7, 14, 21

— LEGAL NOTICE —

NOTICE of FORMATION
of a DOMESTIC
LIMITED LIABILITY COMPANY
Name of LLC: The Barr Practice
LCSW PLLC. Date of filing of Articles
of Organization with the NY Dept. of
State: December 15, 2017. Office of
the LLC: Erie County. The NY Secretary of State has been designated as
the agent upon whom process may
be served. NYSS may mail a copy of
any process to the LLC at: LaSalle
Avenue, Suite 107, Kenmore, New
York 14217. Purpose of LLC: Licensed Clinical Social Work. Duration, if specific: ongoing services.
Jan. 17, 24, 31; Feb. 7, 14, 21

— LEGAL NOTICE —

SUPREME COURT OF THE STATE
OF NEW YORK COUNTY OF ERIE
Index No.809238/2016 We are attempting to collect a debt, and any
information obtained will be used for
that purpose. SUPPLEMENTAL
SUMMONS WITH NOTICE Plaintiff
designates Erie County as the place
of trial based on the location of the
mortgaged premises in this action.
BAYVIEW LOAN SERVICING, LLC,
A DELAWARE LIMITED LIABILITY
COMPANY, Plaintiff,-against- AMY
BETH STAGNER AKA AMY STAGNER, and, if she be living and if she be
dead, the respective heirs-at-law,
next-of-kin, distributes, 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 inheritance, lien or
otherwise any right, title or interest in

or to the real property described in the
complaint, L&T Realty, 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 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 attorneys within twenty (20) days after the
service of this summons, exclusive of
the day of service (or within thirty (30)
days after the service is complete if
this summons is not personally delivered to you within the State of New
York) or within (60) days after service
of this summons if it is the United
States of America; 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.
The foregoing supplemental summons is served upon you by publication pursuant to an Order of the Honorable Mark Montour, Justice of the
Supreme Court of the State of New
York, Erie County, dated the 18th day
of October, 2017 and duly entered in
the office of the Clerk of the County of
Erie, State of New York. Premises
situate in the City of Tonawanda,
County of Erie and State of New York,
being part of acre lot 53 in block 7 of
great lot number 86 of the mile reserve as shown on a map filed in Erie
County Clerk’s Office under cover
number 42 and further distinguished
as being subdivision lot number 14 as
shown on map filed in Erie County
Clerk’s Office under cover number
944 being 33 feet front and rear by
104.66 feet in depth, Virginia Street,
south side, east corner of Franklin
street.
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. NOTICE OF NATURE OF
ACTION AND RELIEF SOUGHT This
is an action to foreclose a mortgage
lien on the premises described herein.
The object of the above captioned
action is to foreclose a first Mortgage
to secure $46,564.73 and interest,
recorded in the Office of the County
Clerk of Erie County on November 7,
2003 in Liber 13124, Page 7217; and
a second Mortgage to secure
$3,992.86 and interest, recorded in
the Office of the County Clerk of Erie
County on February 9, 2004 in Liber
13143, Page 2583, which mortgages
were consolidated by a Mortgage and
Consolidation, consolidating the First
Mortgage and the Second Mortgage
to form a single lien in the amount of
$51,033.81 (the "Consolidated Mortgage") which was recorded in the
Office of the County Clerk of Erie
County on February 9, 2004 in Book
13143, Page 2583, which mortgage
was assigned to Citifinancial Servicing LLC by assignment of mortgage
dated January 21, 2014, which was
recorded in the Office of the County
Clerk of Erie County on January 30,
2014 in Liber 13671, Page 2806,
which mortgage was further assigned
to Citifinancial Company d/b/a/ Citifinancial Company (DE) by assignment of mortgage dated September
21, 2015, which was recorded in the
Office of the County Clerk of Erie
County on October 1, 2015 in Liber
13739, Page 8868, which mortgage
was further assigned to Bayview Loan
Servicing, LLC by assignment of
mortgage dated May 30, 2017, which
was recorded in the Office of the
County Clerk of Erie County on June
15, 2017 in Book 13814, Page 8975,
covering premises known as 47 VIRGINIA STREET, TONAWANDA,
COUNTY OF ERIE, STATE OF NEW
YORK 14150 (SECTION 53.21,
BLOCK 2, LOT 7) The relief sought in
the within action is a final judgment
directing the sale of the premises
described above. The Plaintiff also
seeks a deficiency judgment against
the Defendant, BETTY A. FISHER
AKA BETTY FISHER, for any debt
secured by said Mortgage which is
not satisfied by the proceeds of the
sale of said premises, unless discharged in bankruptcy. Dated: Roslyn
Heights, New York December, 2017
DAVID A. GALLO & ASSOCIATES
LLP Rosemarie A. Klie, Attorneys for
Plaintiff, 99 Powerhouse Road,

Roslyn Heights, New York 11577;
(516) 583-5330; (516)
583-5333-fax.
Jan. 10, 17, 24, 31

— LEGAL NOTICE —

PLEASE TAKE NOTICE Jimmie
Elliott IV, the Plaintiff, pursuant to
Court Order, hereby serves by publication notice of an action filed against
the Defendants Jon A. Roy and Rebecca L. Gianadda, whose last known
addresses were 6925 Campbell
Blvd., Apt. 10, North Tonawanda, NY.
The Plaintiff is bringing suit as a result
of the motor vehicle accident of June
9, 2016 occurring on East Robinson
Road in Amherst, New York, which
will seek to obtain a judgment against
the Defendants in the amount of One
Million Dollars ($1,000,000.00). Answers may be served upon Plaintiff’s
counsel, LoTempio P.C. Law Group,
181 Franklin Street, Buffalo, New York
14202.
Jan. 10, 17, 24, 31

— LEGAL NOTICE —

At a Special Term of the Supreme
Court of the State of New York held in
and for the County of Erie at the
Courthouse Part 28 at 50 Delaware
Avenue in the City of Buffalo on the
28th day of November, 2017.
HON. HENRY J. NOWAK, J.S.C.,
Justice Presiding
STATE OF NEW YORK
SUPREME COURT: COUNTY OF
ERIE
Samuel Panepento, Jr. as Shareholder of Penny’s Hardware, Inc., 70
Country Parkway, Williamsville, New
York 14221,
Petitioner
vs.
For a Judgment Dissolving Penny’s
Hardware, Inc.,
Respondent.
ORDER TO SHOW CAUSE
Index No. 811073/2017
Petitioner Samuel Panepento, Jr.
having petitioned this Court for a
Judgment Dissolving the Company,
Penny’s Hardware, Inc., as provided
under New York Business Corporation Law Section 1104 and/or the
common law of the State of New York
upon the grounds that:
A. Samuel Panepento, Jr. and
Louis J. Panepento own Penny’s
Hard, Inc. as equals.
B. The matter is one of those
specified in BCL Section 1104 in that

Petitioner is a shareholder representing one-half of the votes of all outstanding shares, whom is entitled to
vote in an election of directors and (1)
the directors are so divided respecting
the management of the corporation’s
affairs that the votes required for
action cannot be attained; (2) the
shareholders are so divided that the
votes required for the election of directors cannot be obtained; (3) there
is internal dissension and the two
factions of shareholders are so divided that dissolution would be beneficial
to the shareholders; and/or (4) Louis
J. Panepento has engaged in abusive
and wrongful conduct against Samuel
Panepento, Jr. such that judicial dissolution is fair and just.
NOW, upon reading the annexed
Verified Petition duly verified on the
3rd day of August, 2017.
RETURN DATE
LET Penny’s Hardware, Inc., Louis
J. Panepento and all persons interested in said Company show cause
before this Court at a Special Term to
be held at the Courthouse thereof,
Part 28, 50 Delaware Avenue, Buffalo, County of Erie, State of New York,
on the 1st day of February 2018 at
9:30 a.m. of that day or as soon
thereafter as counsel can be heard.
RELIEF REQUESTED
WHY an Order should not be entered by the Court for the following
relief:
A. Dissolving Penny’s Hardware,
Inc. as provided under BCL Section
1104;
B. Taking all necessary action
deemed proper in connection with
restoring and preserving the property
and carrying on the business of Penny’s Hardware, Inc.;
C. Awarding Petitioner damages
sustained by Penny’s Hardware, Inc.
by reasons of Louis J. Panepento’s
wrongdoing;
D. Awarding Petitioner restitution
from Louis J. Panepento and Respondent; E. Ordering a hearing to determine
the fair value of Penny’s Hardware,
Inc.;
F. Ordering disgorgement of any
profits, benefits, and other compensation obtained by Respondent by reason of breaches of fiduciary duties;
G. Awarding Petitioner’s reasonable costs, disbursements and attorney’s fees;
H. Requiring, in addition to other
disclosure requirements, the directors
or those in control of Penny’s Hardware, Inc. no later than thirty (30) days

after the filing of this Petition to make
available for inspection and copying
to Petitioner, the corporate financial
books and records for the three preceding years;
I. Ordering Penny’s Hardware, Inc.
its members, officers and directors to
furnish the Court with a schedule of all
information known and ascertainable
with due diligence by them deemed
pertinent by the Court, including a
statement of the Company’s assets
and the names and addresses of
each member and of each creditor
and claimant;
J. Granting such other and further
relief as may be deemed just and
proper by the Court, and it is further
PUBLICATION AND SERVICE
ORDERED that a copy of this
Order to Show Cause shall be published by Respondent, Louis J. Panepento, at least once in each of the
three weeks before the time appointed for the hearing thereon, in one or
more newspapers of general circulation in Erie County, to wit, Ken-Ton
Bee; and it is further
ORDERED that a copy of the Order to Show Cause shall be served
upon the State Tax Commission either personally at least twenty (20)
days before the time appointed for the
hearing or by mailing a copy of this
Order to Show Cause, postage
pre-paid, at least twenty (20) days
before the time so appointed; and it is
further
ORDERED that service of a copy
of this Order to Show Cause and the
papers upon which it is granted may
be made by personal service upon
Louis J. Panepento on or before the
22nd day of December, 2017 and
such service shall be deemed good
and sufficient service; and it is further ORDERED that service of a copy
of this Order to Show Cause and the
papers upon which it is granted to be
made to Penny’s Hardware, Inc. via
service by email and regular mail
upon Mark Walling, Esq., at least
twenty (20) days before the time appointed for the hearing, and such
service shall be deemed good and
sufficient service.
ENTER: HON. HENRY J.
NOWAK, J.S.C., Supreme Court Justice Entered on Nov. 28, 2017
GRANTED Nov. 28, 2017
By: Elaine J. Xenos, Clerk of the
Court
Jan. 31; Feb. 7, 14

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