HomeMy WebLinkAboutL 13107 P 497 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: ORDER Recorded: 06/07/2021.
Number of Pages: 32 At: 12 :36:29 PM
Receipt Number : 21-0106408
LIBER: D00013107
PAGE : 497
District: Section: Block: Lot:
1000 111. 00 12 . 00 005. 005
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $160 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
Notation $0 . 00 NO Cert.Copies $0 . 00 NO
RPT $800 . 00 NO
Fees Paid $1, 000 . 00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages 3z RECORDED
2021 jun Cil 12:36:25 PM
JUDITH A. PASCALE
This document will be public CLERK OF
record.Please remove all SUFFOLK COUNTS'
L DLI0013107
Social Security Numbers P 497
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held forAppointment
Comm.of Ed. 5, 00 Transfer Tax
Affidavit • �+ Mansion Tax
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES orNO
Other
Grand Total If NO, see appropriate tax clause on
page q ofthis instrument.
4 Dista 0 4498663 5 Community Preservation Fund
Real Property P T S l1,6
Consideration Amount$
Tax Service R SMI
Agency I II CPF Tax Due $
Verification 12-MAY-2
p Improved
6 Satisfactions/DischargR�CORD&RETURNpO yOwnersMailingAddress
T Vacant Land
Twomey Latham Shea Kelley Dubin&Quartararo, LLP
P.O. Box 9398 TD
Riverhead, NY 11901 TD
Attn.:Christopher Kelley, Esq.
TD
Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title a
g Suffolk County Recording & Endorsement Page
This page forms part of the attached Judgment on Consent with Exhibits made
by: (SPECIFY TYPE OF INSTRUMENT)
Gail and Barry Mallin The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of
Curt Koch In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
p T .S
R,SMI A
Stat ID: 4498663 1AAY-N
Tax Maps
District Secton Block Lot School District
1000 11100 1200 005005 MATTITUCK-CUTCHOGUE
1000 11100 1200 007002 MATTITUCK-CUTCHOGUE
1000 11100 1200 007003
1000 11100 1200 007004
CC# : C21-12510
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
JUDGMENT ON CONSENT
filed in my office on 03/31/2021
and, that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 5/28/2021
SUFFOLK COUNT/Y� CLERK
JUDITH A.PASCALE
SEAL
f y
At a 3—As'Term, Part 9, of
o r % y0. 1 the Supreme Court of the State of
New York, held in and for the
County of Suffolk, at 210 Center
Drive, R'verhead, New York, on
the �r� day of Ykxt-h, 202.1
Present: Hon, Denise F. Molia
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-----------------------------------------------------------------------------X
DANIEL G. DeMATO, DIANE C. DeMATO,
CHARLES DRAKE, JR., LISA DRAKE,
and CURT KOCH, Index- o 0.1=206$4
Plaintiffs,
JUDGMENT ON
-v- CONSENT
BARRY MALLIN and GAIL KRIEGEL MALLIN,
Defendants.
-----------------------------------------------------------------------------X
WHEREAS, on or about August 30, 2001, plaintiffs commenced this action seeking to
establish certain easement rights over a private road known as Bayberry Road owned by the
defendants; and
WHEREAS, defendants filed a certificate of abandonment of Bayberry Road and
plaintiffs raised a defense that defendants should be estopped from relying on the filing of said
certificate of abandonment as against plaintiffs; and
WHEREAS, this matter came an for trial before the Suffolk County Supreme Court on
January 8, 2019; and
WHEREAS, the parties are desirous of resolving their differences; and
1
WHEREAS, the parties executed a Stipulation of Settlement annexed hereto as Exhibit
"A" which was SO ORDERED by this Court on February 4, 2019; and
WHEREAS, plaintiff Koch and defendants Mallin are desirous of incorporating the terms
of their settlement into a Judgment on consent consistent with paragraph "6" of the Stipulation of
Settlement; and
WHEREAS, the properties of the plaintiff Koch and defendants are shown on a survey of
Nathan Taft Corwin, III Land Surveyor dated April 9, 2019 annexed hereto as Exhibit `,`B".
Plaintiff Koch is currently the owner of Suffolk County Tax Map Lot#1000-112-12-5.5 shown
on said survey. The defendants are owners of Suffolk County Tax Map Lots #1000-111-12-7.1
and 1000-111-12-7.2 as shown on said survey; and
WHEREAS, said survey also shows a triangular piece of property ("the triangle"), a
portion of Suffolk County Tax Map Lot#1000-111-12-7.1, designated on said survey as "area to
be transferred from lot 1 to lot 2" consisting of 2,065 square feet and as more fully described in
annexed Schedule "A"; and
WHEREAS, the parties agree that the survey annexed hereto as Exhibit B" is the agreed
upon survey referred to in paragraph 6 of the Stipulation of Settlement, and that the metes and
bounds descriptions contained in schedules "A", "B" and "C" hereto are the agreed upon metes
and bounds descriptions of the lots in question referred to in said stipulation and further agree
and consent to the entry of this judgement as called for in paragraph 6 of the stipulation of
settlement.
NOW, THEREFORE IT IS ORDERED, ADJUDGED AND DECREED as follows:
2
I. That the triangle is hereby determined to be property owned by the plaintiff Curt
Koch. The new description of his property, shown as parcel 2 on the annexed survey, including
the area to be transferred, is set forth in annexed Schedule "B".
2. The property owned by the defendants after transfer of the triangle to the plaintiff
Koch, consisting of Suffolk County Tax Map Lot #1000-111-12-7.2 and 1000-111-12-part of 7.1
is more fully described in annexed Schedule "C".
5. • The boundary lines of the Mallin and Koch properties shall be as shown on the
survey annexed as Exhibit"B" subject to the transfer of the triangle as shown on said survey.
6. This Court shall retain jurisdiction over all aspects of the enforcement of this
judgment but in particular to address any issues regarding the lack of recognition of the new
boundary line by any state or municipal agency with respect to the parties respective
development plans for their respective lots. If any state or municipal agency, including but not
limited to the Suffolk County Department of Health Services, should decline to recognize the
relocation of the boundary line between the Mallin and Koch properties as ordered by this Court,
the Court will endeavor to order and/or convince the agency, after hearing or otherwise, to accept
the relocated boundary line of the properties as ordered by the Court.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the plaintiff Curt
Koch is owner of the property designated on the Suffolk County Tax Map at Lot#1000-111-12-
5.5 and as shown on the survey annexed hereto as Exhibit "B" and with a description as set forth
on annexed Schedule "B" hereto and;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendants Barry
Mallin and Gail Kriegel Mallin are the owners of property designated on the Suffolk County Tax
Map as lot numbers 1000-111-12-7.2 and 1000-111-12-7.1 (exclusive of triangle) with the
3
description as set forth in annexed Schedule "C", however this description shall not alter or
impair the boundary lines of property owned by Daniel G. DeMato and Diane C. DeMato known
as Suffolk County Tax Map No.: 1000-1.11-12-5.3.
This Judgement shall be recorded with the Suffolk County Clerk and shall forever change
the descriptions of the ir�parcels.
ENTER:
GRANTED .
MAR 23 202.1 h-J.S.C.
DOMpJUDITH A. PASCALE '
irk of SOM County
4
r
SCHEDULE "A"
Legal Description of a Portion of Bayberry Road, Nassau Point, New York
Suffolk County Tax Lot Number: 1000-1 l 1-12-p/o 7.1
ALL that certain plot, piece or parcel of land, situate, lying and being at Nassau Point, Town of
Southold, County of Suffolk and State of New York, known and designated as part of Bayberry
Road as shown on a certain map entitled, "Amended Map "A' of Nassau Point", filed in the
Office of the Clerk of Suffolk County on August 16, 1922 as File No. 156, more particularly
bounded and described as follows:
BEGINNING at a point along the easterly side of Wunneweta Road where the same is intersected
by the division line between Lots 139 and 140 as shown on above said map, said point being also
at the westerly end of the northerly side of Bayberry Road;
RUNNING thence southeasterly along the northerly side of Bayberry Road along an irregular
curve having a chord of which runs along a bearing of South 51 degrees 58 minutes 30 seconds
East, 94.56 feet to a point;
RUNNING thence South 87 degrees 56 minutes 40 seconds West through Bayberry Road, 74.35
feet to a point along the easterly side of Wunneweta Road;
RUNNING thence northerly along the easterly side of Wunneweta Road along an irregular curve
having a chord of which runs along a bearing of North 00 degrees 12 minutes 00 seconds West,
55.58 feet to the point or place of BEGINNING.
Containing 2,065 sq. ft.
•
SCHEDULE "B"
Legal Description of 5830 Nassau Point Road, Nassau Point, New York
Suffolk County Tax Lot Numbers: 1000-11 1-12-5.5 and 1000-111-12-p/o 7.1
ALL that certain plot, piece or parcel of land, situate, lying and being at Nassau Point, Town of
Southold, County of Suffolk and State of New York, known and designated as Lots 138 and 139,
and part of Bayberry Road as shown on a certain map entitled, "Amended Map "A" of Nassau
Point", filed in the Office of the Clerk of Suffolk County on August 16, 1922 as File No. 156,
more particularly bounded and described as follows:
BEGINNING at-a point along the westerly side of Nassau Point Road where the same is
intersected by the division line between Lots 139 and 140 as shown on above said map, said
point being also 20 LL feet as measured southerly along the westerly side of Nassau Point Road
from the corner formed by the intersection of the westerly side of Nassau Point Road with the
southerly side of Little Peconic Bay Road;
RUNNING thence South 12 degrees 46 minutes 10 seconds East along the tie line of arc of an
irregular curve along the westerly side of Nassau Point Road, 200.07 feet to a point at the
northeast corner of Lot 137 as shown on above said map;
RUNNING thence South 78 degrees 41 minutes 00 seconds West along the division line between
Lots 137 and 138 as shown on above said map, 248.00 feet to a point along the easterly side of
Bayberry Road as shown on above said map;
RUNNING thence along the tie lines of arcs of irregular curves along the easterly side of
Bayberry Road as shown on above said map the following two (2) courses and distances:
1) North 65 degrees 46 minutes 10 seconds West, 171.84 feet to a point;
2) North 58 degrees 32 minutes 00 seconds West, 41.76 feet to a point;
RUNNING thence North 87 degrees 56 minutes 40 seconds West through Bayberry Road as
shown on above said map, 74.35 feet to a point along the easterly side of Wunneweta Road;
RUNNING thence North 00 degrees 12 minutes 00 seconds West along the tie line of an arc of
an irregular curve along the easterly side of Wunneweta Road, 55.58 feet to a point at the
southwest corner of Lot 140 as shown on above said map;
RUNNING thence North 78 degrees 41 minutes 00 seconds East along the division line between
Lots 139 and 140 as shown on above said map, 475.00 feet to the point or place of BEGINNING.
SCHEDULE "C"
Legal Description of 4355 and 4525 Wunneweta Road, Nassau Point, New York
Suffolk County Tax Lot Numbers: 1000-1 l 1-12-7.2 and 1000-111-12-p/o 7.1
ALL that certain plot, piece or parcel of land, situate, lying and being at Nassau Point, Town of
Southold, County of Suffolk and State of New York, known and designated as Lot 222 and part
of Bayberry Road as shown on a certain map entitled, "Amended Map "A" of Nassau Point",
filed in the Office of the Clerk of Suffolk County on August 16, 1922 as File No. 156, more
particularly bounded and described as follows:
BEGINNING at a point along the northerly side of Wunneweta Road where the same is
intersected by the easterly side of Bayberry Road as shown on above said map, said point being
also 141 f feet as measured westerly along the northerly side of Wunneweta Road from the
westerly end of a curve connecting the northerly side of Wunneweta Road with the westerly side
of Nassau Point Road;
RUNNING thence along the tie lines of arcs of irregular curves along the northerly and easterly
sides of Wunneweta Road the following five (5) courses and distances:
1) North 72 degrees 26 minutes 00 seconds West, 269.21 feet to a point:
2) North 46 degrees 00 minutes 00 seconds West, 167.66 feet to a point;
3) North 14 degrees 22 minutes 00 seconds West, 178.91 feet to a point.
4) North 04 degrees 59 minutes 00 seconds East, 215 35 feet to a point;
5) North 08 degrees 02 minutes 50 seconds East, 20.96 feet to a point;
RUNNING thence South 87 degrees 56 minutes 40 seconds East through Bayberry Road as
shown on above said map, 74.35 feet to a point along the westerly line of Lot 139 as shown on
above said map;
RUNNING thence along the tie lines of arcs of irregular curves along the westerly sides of Lots
132 through 139 as shown on above said map the following eight (8) courses and distances:
l) South 58 degrees 32 minutes 00 seconds East, 41.76 feet to a point;
2) South 65 degrees 46 minutes 10 seconds East, 171.84 feet to a point;
3) South 42 degrees 00 minutes 50 seconds East, 116.54 feet to a point;
4) South 07 degrees 30 minutes 00 seconds East, 100.16 feet to a point;
5) South 04 degrees 25 minutes 00 seconds West, 103.84 feet to a point;
6) South 02 degrees 13 minutes 00 seconds West, 102.80 feet to a point;
7) South 09 degrees 06 minutes 00 seconds East, 99.90 feet to a point;
8) South 61 degrees 55 minutes 00 seconds East, 43.64 feet to the point or place of
BEGINNING.
CC# : C21-12511
M►
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
EXHIBIT(A) C-STIP SETTLEMENT-TRANSCRIPT
filed in my office on 03/31/2021
and, that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 512$12021
SUFFOLK COUNTY
� CLERK
62. 7'��l.�
JUDITH A.PASCALE
_SEAL i,
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------------X
DANIEL G. DeMATO, DIANE C. DeMATO,
CHARLES DRAKE, JR., LISA DRAKE,
and CURT KOCH Index No. 01-20684
Plaintiffs,
STIPULATION
OF SETTLEMENT
- against -
Assigne_d Justice:
BARRY MALLIN and GAIL KRIEGEL MALLIN Hon Denise F. Molia
Defendants.
------------------------------------------------------------------------X
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned
attorneys for the plaintiffs, Daniel G. DeMato and Diane C. DeMato ("the DeMato plaintiffs"),
Charles Drake, Jr. and Lisa Drake ("the Drake Plaintiffs") and Curt Koch ("Koch"), and the
defendants, Barry Mallin and Gail Kriegel Mallin ("defendants") as follows:
WHEREAS, on or about August 30, 2001 plaintiffs commenced this action seeking to
establish certain rights over a private road known as Bayberry Road owned by the defendants;
and
WHEREAS, the defendants claimed ownership of said road to the exclusion of all rights
of the plaintiffs.
WHEREAS, this matter came on for trial before the Suffolk County Supreme Court on
January 8, 2019; and
WHEREAS, the parties are desirous of resolving their differences and reached a
conceptual settlement as set forth in the annexed "Minutes of Stipulation";
NOW THEREFORE, it is stipulated and agreed as follows:
1
I. The plaintiffs for themselves, their successors and/or assigns, relinquish forever
and waive any and all rights they may have or have had in the past over and for the use of
Bayberry Road in the Nassau Point Subdivision, Town of Southold.
2. Defendants shall pay the DeMato plaintiffs, $65,000.00 to be delivered within
thirty (30) days of the date hereof and upon payment, the DeMato plaintiffs and the defendants
shall execute. a) mutual general releases releasing each other from any and all claims and
obligations except those specifically set forth herein, and b) a Stipulation of Discontinuance.
3. Defendants shall pay Koch $5,000.00 to be delivered within thirty (30) days of
the date hereof and Koch and the defendants shall execute: a) mutual general releases releasing
each other from any and all claims and obligations except those specifically set forth herein, and
b) a Stipulation of Discontinuance.
4. The defendants shall pay the sum owed to the DeMato plaintiffs of$65,000.00 by
check payable to "Wickham, Bressler and Geasa, P.C. as attorneys" and deliver said payment to
counsel at their offices located at 13015 Main Road, Mattituck, NY l 1952. In the event the
defendants fail to make the DeMato payment timely ("Default") the Default shall be a breach of
this stipulation of settlement. in addition to any other remedy the DeMatos may have for the
Default, the DeMato's may enter judgment against the defendants without further notice for the
sum of Sixty Five Thousand Dollars ($65,000.00), together with interest at the judgment rate of
nine percent (9%) per annum from the date of this stipulation together with costs and
disbursements. Further, the DeMatos shall be entitled to be reimbursed by the defendants for the
DeMato's reasonable counsel fees, costs and disbursements incurred in connection with
collection of the judgment.
2
S. Defendants shall have a surveyor prepare a survey and a metes and bounds
description for a "triangle of property" extending 60 feet along Wunneweta Road in the
configuration as roughly set forth in the diagram annexed hereto as Schedule "A" to enable the
Court to order an adjustment of the boundary line between Koch's property and the defendants'
property. The defendants and the DeMato plaintiffs relinquish forever and waive any and all
rights they may have or have had over the surveyed "triangle of property".
6. Upon submission by the parties of an agreed upon survey and metes and bounds
description for the effected lots, the Court shall execute an Order or Judgement relocating the
boundary line between the Koch and Mallin properties in accordance with the survey and metes
and bounds description submitted and vesting fee ownership of said "triangle of property" in
plaintiff Koch. Defendants shall promptly record said order with the Suffolk County Clerk's
office.
7. This Court shall retain jurisdiction over all aspects of the enforcement of this
stipulation but in particular to address any issues regarding the lack of recognition of the new
boundary line by any state or municipal agency with respect to the parties respective
development plans for their respective lots. If any state or municipal agency, including but not
limited to the Suffolk County Department of Health Services, should decline to recognize the
relocation of the boundary line between the Mallin and Koch properties as ordered by this Court,
the Court will endeavor to order and/or convince the agency, after hearing or otherwise, to accept
the relocated boundary line of the properties as ordered by the Court.
8. To the extent that the Court is unsuccessful with ordering and/or convincing an
agency or agencies of the relocation of the boundary line between the Koch property and the
Mallin property, the defendants will undertake to submit any applications necessary to the state
3
and/or municipal agencies for approval of the relocation of the boundary line and indemnify
Koch for the costs of same, This indemnification shall include the cost of legal fees, surveying
fees etc. required in order to enable the filing of a revised deed and/or boundary line agreement
establishing the new boundary line between the properties.
9. The parties agree not to oppose or object to.the development plans and/or
applications by each other for their respective lots.
10. Defendants shall provide the DeMato plaintiffs with proof that their fence is
within the Mallin property boundary line and that it does not extend onto the DeMato property.
Said verification to be provided within a reasonable time hereafter acknowledging that the issue
may require additional surveying and/or staking of the property line, to be done by the
defendants. In the event the fence creates an out of possession issue raised by a title company,
the defendants will remove the fence from the DeMato property or execute whatever documents
are necessary to clear said title exception or objection.
11. Koch shall be entitled to remove any and all split-rail fencing located within the
boundary of his property regardless of the origin of same.
12. The Drake Plaintiffs no longer make any claims herein, the defendants make no
claims against them and a stipulation discontinuing the action between the Drake Plaintiffs and
defendants has been signed by counsel and shall be filed.
Dated: Riverhead, New York
;af4ua '� , 2019
Fe.�ru�'Y
Hop Denise F. Molia �.
SO ORDERED
Hon. Denise Molia
Judge of the Supreme Court
4
TWOMEY, LATHAM, SHEA, DUBIN,
QUARTARARO, P
By:
topher Kelley, Esq.
Attorneys for Defendants
33 West Second Street
P.O. Box 9398
Riverhead, New York 11901
631-727-2180
WICKHAM, BRESSLER & GEASA, P.C.
By:
an a, Esq.
tto n?or Plaintiffs, Daniel G. DeMato,
DianeeMato, Charles Drake, Jr. and Lisa Drake
13015 Main Road
P.O. Box 1424
Mattituck, New York 11952
SINNREICH, AKOFF &.M /N? L
By:
John . Ciarelli, Esq.
Attorneys for Plaintiff, Curt Koch
Attn: John L. Ciarelli, Esq.
267 Carleton Avenue, Suite 301
Central Islip, New York 11722
631-650-1200
5
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1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK : TRIAL TERM PART 39
2 ---------------------------------------X
DANIEL G . DeMATO, DIANE C . DeMATO,
3 CHARLES W . DRAKE, JR . , LISA DRAKE, and
CURT KOCH,
4 PlaintiffS ,
5 -against- INDEX NO:
20684-2001
6
BARRY MALLIN and GAIL KREIGEL MALLIN,
7
Defendants .
8 ----------------------------------------X
9 Riverhead, New York
January 8 , 2019
10
B E F 0 R E : HON . DENISE F . MOLIA,
11 SUPREME COURT JUSTICE
12
MINUTES OF STIPULATION
13
14
A P P E A R A N C E S :
15
16
WICKHAM, BRESSLER & GEASA, P . C .
17 For the Plaintiff
13015 Main Road - P . O . Box 1424
18 Mattituck, New York 11952
19 BY : JANET GEASA, ESQ .
20
SINNREICH, KOSAKOFF & MESSINA, LLP
21 For the Defendant
267 Carelton Avenue - Suite 301
22 Central Islip, New York 11722
23 BY : JOHN L . CIARELLI , ESQ .
24
25
2
1
A P P E A R A N E S : ( Continued)
2
3
4 TWOMEY, LATHAM, SHEA, KELLEY ,
DUBIN & QUARTARARO, LLP
5 For the Defendant
33 West Second Street
6 Riverhead, New York 11901
7 BY : CHRISTOPHER D . KELLEY , ESQ .
8
9
10
11
12
13
14
15
16
17
18
19
20
21
R E P O R T E D B Y :
22
CHERYL A . FERRELLI , RPR
23 SENIOR COURT REPORTER
24
25
DeMato, et al . V. Mallin - 1/8/19 3
1 THE COURT : Good morning ,
2 everyone .
3 You may be seated .
4 THE CLERK : This is Index Number
5 20684 of --
6 THE COURT : Excuse me .
7 You can get chairs over there if
8 you want .
9 THE CLERK : Index Number 20684 of
10 2001 in the matter of Daniel G . DeMato
11 Diane C . DeMato and others against
12 defendants Barry Mallin and Gail
13 Kreigel Mallin .
14 Counsel , for the plaintiff first ,
15 your appearance , please .
16 MS . GEASA : Yes .
17 Janet Geasa , Wickham, Bressler &
18 Geasa , Main Road, Mattituck , New York ,
19 attorneys for the plaintiffs , Dan
20 DeMato and Diane DeMato .
21 Good morning , your Honor .
22 THE COURT : Good morning .
23 MR . CIARELLI : John Ciarelli , 267
24 Carlton Avenue , Central Islip , New
25 York, for the plaintiff Curt Koch .
DeMato, et al . V. Mallin - 1/8/19 4
1 THE CLERK : Counsel .
2 MR . KELLEY : For the defendants ,
3 Christopher Kelley, Twomey, Latham,
4 Shea , Kelley, Dubin & Quartararo , 33
5 West Second Street , Riverhead .
6 THE CLERK : Thank you .
7 THE COURT : I think that we have a
8 partial settlement ; is that correct ?
9 MR . KELLEY : Yes , your Honor .
10 What we have is a framework for a
11 stipulation to be submitted to be so
12 ordered within ten days .
13 But we want to put on the record
14 the terms of that that we ' ve agreed to .
15 THE COURT : That ' s fine .
16 Yes ?
17 MS . GEASA : Yes , your Honor .
18 THE COURT : Yes ?
19 MR . CIARELLI : It settles all of
20 the issues but subject to the
21 stipulation of settlement and order of
22 the Court .
23 THE COURT : It ' s a partial ; right ?
24 MR . CIARELLI : No .
25 THE COURT : Isn ' t it ?
AeMato, et al . V. Mallin - 1/8/19 5
1 MR . KELLEY : Well , in essence ,
2 it ' s a full but it requires --
3 MR . CIARELLI : Steps .
4 MR . KELLEY : -- or steps .
5 THE COURT : Okay . Okay .
6 MS . GEASA : There ' s an enforcement
7 portion to it , your Honor , so that
8 there are things to be carried out .
9 But we have settled all the claims .
10 THE COURT : Okay .
11 MR . KELLEY : So , I propose to put
12 on the record the terms that we ' ve
13 agreed to with counsel .
14 Chime in if I misstate something .
15 And we are also going to want the
16 consent of the parties .
17 THE COURT : Okay .
18 MR . KELLEY : So , first term :
19 The defendant shall pay to
20 plaintiff DeMato the amount of
21 sixty- five thousand dollars within
22 thirty days of the order contemplated
23 herein , and on exchange of releases and
24 a stipulation of discontinuance ; -
25
iscontinuance ; -25 Defendant shall pay to the
DeMato, et al . V. Mallin - 1/8/19 6
1 plaintiff Koch five thousand dollars
2 within thirty days of the order
3 contemplated herein and upon release --
4 exchange of releases and upon a
5 stipulation of discontinuance ;
6 The defendants will pay for a
7 survey of a triangle of property based
8 on a sketch that we ' re going to initial
9 here today and a metes-and-bounds
10 description of said triangle ;
11 The final order of this Court to
12 be Entered upon receipt of the survey
13 and description shall determine the
14 triangle to be part of the Koch
15 property and no longer part of the
16 defendant ' s property , and that order
17 will establish free and simple title to
18 the property free and clear of all
19 claims and all easements ;
20 That triangle shall provide the
21 defendant Koch with sixty feet of road
22 frontage on Wunneweta Road ;
23 The Court shall maintain
24 jurisdiction in case the Court order
25 encompassing the transfer of the
DeMato, et al . V. Mallin - 1/8/19 7
1 triangle is challenged by the
2 Department of Health Services or any
3 other municipal agency for purposes of
4 ordering said agency to accept the
5 transfer ;
6 If the Court is , ultimately,
7 unsuccessful or unable to direct or
8 persuade the Department of Health
9 Services or other agencies to accept
10 the transfer of the triangle ,
11 defendants shall bear the cost of any
12 applications necessary to finalize the
13 transfer , including legal fees ;
14 The parties shall not oppose each
15 others ' s plans for future development
16 of the respective lots ;
17 Plaintiffs waive -- will waive any
18 and all rights to easements and/or
19 rights-of-way over Bayberry Road on
20 behalf of themselves , their successors
21 and assignors ;
22 Defendants waive all counterclaims ;
23 Defendants represent that their
24 fence along Bayberry Road has been
25 moved and is not on the plaintiff
DeMato, et al . V. Mallin -- 1/8/19 8
1 DeMato ' s property and, within thirty
2 days of the stipulation , provide a
3 letter from their surveyor confirming
4 same ;
5 In the event the title company
6 raises an out-of-possession issue ,
7 defendant Mallin will execute whatever
8 documents are necessary to clear said
9 title exception or objection ;
10 And, lastly, these terms shall be
11 incorporated into a stipulation of
12 settlement which shall be circulated
13 within ten days from the date and
14 submitted to the Court to be so
15 ordered .
16 MR . CIARELLI : Chris , I have
17 something .
18 MS . GEASA : Yes , me too .
19 Do you mind , ,judge ?
20 THE COURT : No .
21 ( whereupon , Mr . Ciarelli
22 conferred with Mr . Kelley and
23 Ms . Geasa . )
24 THE CLERK : Counsel , we are going
25 to call a recess for a couple of
DeMato, et al . V. Mallin - 1/8/19 9
1 minutes and come back .
2 ( Following a recess , Court
3 reconvened with the following : )
4 THE COURT OFFICER : Remain seated .
5 Come to order .
6 THE COURT : Okay .
7 Rob?
8 THE CLERK : Yes .
9 Continuing with the stipulation on
10 the record .
11 Defense counsel ?
12 MR . KELLEY : Yes .
13 There ' s an additional paragraph to
14 be added into the stipulation .
15 In the event that the Mallins fail
16 to make the DeMato payment in a timely
17 manner , there ' s a default , said failure
18 shall be a breach of the stipulation of
19 settlement ,
20 In addition , any other remedy the
21 DeMatos may have for said breach , the
22 DeMatos may enter judgment against the
23 Mallins without further notice in the
21 sum of sixty- five thousand .dollars
25 together with the interest at the rate
DeMato, et al . V. Mallin - 1/8/19 10
1 of nine percent per annum from the date
2 of the stipulation of settlement
3 together with the costs and
4 disbursements ;
5 Further, the DeMatos shall be
6 entitled to be reimbursed by the
7 Mallins for the DeMatos ' reasonable
8 counsel fees , costs and disbursements
9 in connection with collection of the
10 judgment .
11 Counsel , are we okay?
12 MR . CIARELLI : Yes . I agree to
13 the terms of the stipulation .
14 MR . KELLEY : Do you agree , Janet?
15 MS . GEASA : Yes , I have one
16 clarification which I think was
17 intended by the parties :
18 That the releases that are
19 referenced by counsel in the
20 stipulation are to be mutual .
21 The releases from my clients , the
22 DeMatos , will only flow once the actual
23 payment is made , obviously .
24 And, further, such releases shall
25 exclude any ongoing obligations the
DeMato, et al . V. Mallin - 1/8/19 11
1 defendant Mallin may have under the
2 stipulation of the settlement .
3 I ' m sure that was intended .
4 MR . KELLEY : Yes .
5 Understood .
6 THE COURT : So stipulated?
7 MR . KELLEY : So stipulated, your
8 Honor .
9 THE COURT : So stipulated?
10 MS . GEASA : So stipulated , your
11 Honor .
12 THE COURT : So stipulated?
13 MR . CIARELLI : So stipulated, your
14 Honor .
15 THE COURT : Okay .
16 MR . KELLEY : Are the parties in
17 agreement and understanding?
18 THE COURT : Yes ?
19 MR . CIARELLI : Excuse me , your
20 Honor .
21 But we did agree that any fence
22 posts on my client ' s property could be
23 removed by him .
24 MR . KELLEY : So stipulated .
25 MR . CIARELLI : So stipulated .
DeMato, et al . V. Mallin - 1/8/19 12
1 Is that your agreement , Mr . Koch?
2 MR . KOCH : Agreed .
3 THE COURT : Thank you all very
4 much .
5 And we ' ll see you --
6 THE CLERK : There ' s no need to --
7 MR . KELLEY : we just need
8 something in writing , your Honor .
9 THE COURT : Great .
10 Have a good day .
11 MS . GEASA : Thank you .
12 MR . CIARELLI : Thank you .
13 MR . KELLEY : Thank you .
14
15
16
17 C E R T I F I C A T I 0 N
18
19 I , Cheryl A . Ferrel.li , hereby certify that
20 the above and foregoing is a true and accurate
21 transcription of my stenographic notes .
22
23
CHER`YL A . FERRELLI
24 Senior Court Reporter
25
CC# : C21-12512
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
EXHIBIT(B)-C MAP
filed in my office on 03/31/2021
and, that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 5/2812021
SUFFOLK COUNTY� CLERK
JUDITH A.PASCALE
SEAL
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SURVEY OF PROPERTY
SITUATE
NASSAU POINT
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX N..'. 1000-111-12-5.5
1000-111-12-7.1
1000-111-12-7,2
SC.aLE
APRIL 9•2019
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