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HomeMy WebLinkAboutFreed )UNAUTHORIZED TY ES TO EMSTING ARE FOR A AND ARE NOT TO BE USED TO ESTABUSI PROPERTY UNES OR r0R CRECIM OF FENCES.(3)COPIES OF THIS VEY MAP SURV W-A ('IINDICA D HEREON SHALL RUN ONLY TO THE PERSON FOR WOA E SURVEY IS PREPARED AND ONI HIS BEHALF YO E fliLE EDUCATION CWPANY,(2)OOYERNNEDISTANCES AL AGENCY AND LENDING msTnuflONL"'LISTED HEREON,AND TO THE ASSIOHMOF 'E LENDM PURPOSE STITUTION.CERTIMCATXM ARE NOT TRANSFERABLE ADO ON K"TUTIONS OR SUBSEWENT ONNETM (5)THE LOCATION OF WELL ( 11E LAND YANKS (DR'a MV SEAL OR EMBOSSED ERE ARE NOT 9E CONSIDERED TO BE A VALID TRUE(STAKED (4)OM OTHERS (M).SEPTIC TANKS(ST)t CESSPOOLS(CP)SNOAN HEREON ARE FROM FlEID OBSERVATIONS AND OR DATA OBTAM/ED FliON O1HER5. N 400 Ostrander Avenue, Riverhead, New York IIQOI tel. 651.727.2505 ax. 651.727.0144 Aadmin®youngengtneerIng.r" D E B ! 2`211 `�� Howard W. Young, Land Surveyor Thomas C. Woipert, Professional Engineer W $ Douglas E. Adams, Professional Engineer i Robert 6. Tost, Architect Robert Stromski, Architect REB" SU S CAP O s S \ AP � ROROryry S iA BLOCK /� V NU S I TE DATA PROpin�ON emrQ n� evir CAS 76�$8 �� IF PA 751 AREA = 1.4182 ACRES OR 65,262 50. FT. off, S.G.T.M. NO. 1000-116-6-12.1 AREA = 1.15a5 ACRES OF 50,509 50. FT. 0� S.G.T.M. NO. 1000-116-6-12.2 AREA = 0.5557 ACRE OF 14,752 50. FT. N Q 3 i' o ! LEC'7END >3 U p ! N CVto I Snmg d 1NKKf) QD 0 0 0I f CELLAR ENTRANCE o RO = ROOT- OVER . 1 '�•� W UTILITY POLE o GMF = CONCRETE MONUMENT FOUND M/I N S WSF = WOOD STAKE FOUND U y uJ m ►` v 31 044 m Dp/V,,WA oCK ! A SURVEYOR'S CERTI F I CACTI ON ° ��N( g f�NCF!N e tr°i ge.1' 3 204' IfEREt3Y CERTIFY TO TODD FREED & EDITH 0) WEB_;TIER-1-6REED BEAT THIS SURV--' ^AS ?'F'Lrni�;•s iN ACCORDANCE WI;H THE GODS R OF PRACTICE FOP, LAND 5URVEY5 4•s' 0 ti� ADOi='TED BY THE NEW YORK STATE ASSOCIATION OF : a - a ,� ?33• m ° m 2 FROPESSIONAL LAND 5URVEYOR5 AS SURVEYED ON Y 07, 2018. I o v 13�• rn N 0 ��� OF NE;, `ia. Rr r H0� E�& cA Act N m m 0 ��.l�F�� W �Or0 g �3e 19.7 G) 7.1 ° 31.e. C1f 1n 17. - s � � B � i N aef RICK Q 2 a° _20.y PAAO S[A (0 PA 710 t7 HOWARD W. YOUNG, N.Y.5. L.5. NO. 458a5 4 A N D � M a ° 5URVEY FOR �lY Q 0 - o o.eF m � TODD FREED fn ; o � CERTAIN I N�PARCELS ED I TH NEBSTER—FREED PROP TMy`uN°E'' J PARCEL DE5I6NATION AREA of Gutchogue, Town of Southold Suffolk County New York 7p° UN� C`) EXCLU5IVE EASEMENT 3,g43 SF , � cup / GERTA�I N fi',�RGELS fON NON-EXCLU5IVE EASEMENT I,CtCI5 5F ENE 1000 116 O6 12.1 OF B A ARO N / ISO EC TAX LOT 1000-I 16 -6-12 2 14,'152 5F Govrty Tax Map District 1000 section 116 Block 06 Lot 12.2 �2 F FIELD SURVEY COMPLETED MAY 07, 2018 of VryAtONG MAP PREPARED MAY 08, 2015 £ � TAX LOT 1000-116 -6-12.1 50r50Q 5F N6g o l/>I41 ° 2 f�HecR QNE-0 f RECORD OF REVISIONS, DATE 36, >r gCD ENTIRE PARCEL 65,262 SF //W 0 Nph, GLEoyN UP UN_ Ob !2MA CERTAIN PAR .1= S 1NITI-i ARF 5, 1 SEPT- e. 7oT I �� Scy�W' qC0 6 - 8? R AfgRAFpROA,, O k o" MAC , N/C 40 0 20 40 So 120 $ Scale: 1" = 40' JOE3 NO.\� VIN6 0 5— O100 Q I OF I 1 1 AREA TO BE APPROVED 1 1 I FRONT YARD BY I'Ru5TEE5 ! ' PROP05ED 4HGH CHAI%INK FENCE PROP05ED NEW E HIGH CHAINLINK FENCE I I I I 1 I I ! EXTENT OF PROPOSED TIE LINE ALONG THE a I 5OUTHERN LINE OF FILL � DISTURBANCE ' BEACH GRA55 ; moPOSED 63 -WESTERN ARB. 8/9' A I TO DE RBVOVED , 10'WIDE PRIVATE PE DES RIGHT OF WAY TO BEAC ANTED TO NAMED NEIGHBORS O LY 10'WIDE PRIVATE PEDESTRIAN RI -OF-WAY TO BEACH GRANTED TO NAMED NEIGHBORS ONLY ' r"1P1; �J0 r ------- ------------------4----------------------- --- ON F dte Ldy 7— V \ \\ I = 80\ �\ \ \ \ \ r 0 0 0 0 0 0 0 o 0 0 0 2200 z?F DRIVEWAY, o 0 0 0 0 \ \\ O \\ \\ \\ \\ \ NO GRADE CRANGE - - - \ .......... K -r�- BEACH ! \ ! D I EXIST. ! ! 8'x4' PROPOSED PRIVET PRr r + r DW 0 , 24'x14' IZAP_ clap clap VIT ! ! BRICK PATIO Y MY MYR NATIVE g� ! ON GRADE r PLANTINGS LINE OF NON D15TUR5ANCE tic I LANDWARD EDGE OF BEACH ' DRIVEWAY MATERIAL: I ' SUB BASE - SANDY LOAM 13A5E - 4" RCA BLEND FIN15HFD 5URFACE - 3/8" PEA GRAVEL ELEVATION I 100 TRUSTEES NOT TO SCALE 1 1.1..,.. EXISI`REsoENCE ! JURISDICTION LINE BEACH p I} ! ! EXIT GRAOE 8g' t--Ayr PROP Rrr L : 1 ) ` 18"-24" EXISTING GRADE. 23' RE510ENCE ! APPROX. 150 180 CU.YE) 5AWY LOAM FILL MATERIAL ACCESS TO BEAH-I APPROX,8O CU,YE) 5CREEN J TOF501L MATERIAL { c c EX15T. PERMITTED GUNITE POOL NATIVE PLANTINGS EX15T. PERMITTED 5EACH PEC JLR CT PATIO �00'.9°° 00 e 1� \ rr DEC JURI5DICTION TOTAL AREA 449670 5F 1 z EX15TING LOT COVERAGE 89488 5F LEGEND PROP05M INCREASED LOT COVERAGE 336 5F G0MWNNmvE a TOTAL PROPOSED LOT COVERAGE 81824 5F fpa, EVERGREEN ARr3owiTAE GREEN GIANT �06 PROPOSED LOT COVERAGE % 19.75% F E B 2 7 2024 12400 NEW 5UFFOLK AVENU NEW 5UFF%n_./LK, NY 5CTN# 1000-11&-06-12.1112.2 Revision #: Scale : by :Landscape Plan : 12-23-23 Landsca a Desi n David Cichanowicz p � 22 2 24 1 /16" 1 ' r - r Date 2/ / � Creativenvironmental Des FILED : SUFFOLK COUNTY RK 11 16 2023 11 : 47 INDEX NO. 618675/2017 NY$CEF DOC. NO. 549 RECEIVED NYSCEF: 12/'06/2023 At an IAS Part.?9 of the Supreme Court of the State of New York,held ip and for the County of Suffolk,on the day of November,2023, P R E S E N T: HON..IOSEPH FARNETI J.S.C. ------------------------------------------------------------------ -X ERNEST WICKHAM CASE, Index No. 618675-2017 Plaintiff, aSainst- TODD E.FREED,EDITH WEBSTER-FREED, NANCY B. MARSCHEAN,KIMBERLIE JOBES, DIANNE McGUNNIGLE,BRUCE BREM, STEVEN BREM,PAUL BREM,ALICE W. GROOME, � I MELISSA WHITTED,MATHEW P. WHITTED, MICHAEL WHITTED, MITCHELL W. WHITTED, MARY ELAINE WHITTED,CASE MAXWELL JUDGMENT p� WHITTED,KATHERINE R. CASE, --j- DAVID T. CASE,CLIFFORD T. CASE III, `v JOSEPH M. BARKWILL,PATRICIA M. BARKWILL,RUSSELL A. HEARN, SUSAN ENTERED: NOV 16 20Z3 HEARN,BARBARA BEST,JEAN C. BLOCK, AT: PATRICK BLOCK, SERAFINO M. CELANO, ANNEMARIE CELANO,SYDNEY DUFTON III, DEBORAH DUFTON,NICOLE FITZGERALD, SHAWN FITZGERALD,EDMUND GIORDANO, MARGUERITE GIORDANO,PETER GODOFF, HEIDI S. GODOFF,DOUGLAS HERRMANN, MOORE'S LANE LLC,BARBARA HERRMANN, MARY D. HOLLAND, McILVAIN R M&E B `- (;; E IRREVOCABLE LIVING TRUST,GREGORY I L O'NEILL, CAROL O'NEILL,MARY KAREN RICH, WILLIAM RICH 111,MARK ROBERTSON,NANCY !�' ! FEB 2 7 2024 ROBERTSON,ZARKO SVATOVIC,DUNEWOOD 'I I TRUGLIA,ILEEN TRUGLIA, TRINA WALDRON, _ STEPHEN WEISS and MARIE WEISS Defendants. --------------------------------------------------------------------X 1 of 17 (FILED : SUFFOLK COUNTY ��ERK 11 16 2023 11 : 47 �, INDEX N0. 618675/2017 NY$CEF DOC. NO. 549 - RECEIVED NYSCEF: 12/06/2023 Plaintiff Ernest Wickham Case commenced the above-entitled action under New York Real Property Actions and Proceedings Law Article 15 by filing a summons and complaint on September 26,2017 and then filing a supplemental summons and complaint on April 11,2019, seeking 1) a declaration that certain deeds to Defendants Todd E. Freed and Edith Webster- Freed recorded on January 22,2013 in the Suffolk County Clerk's office concerning property identified on the Suffolk County Tax Map as parcel 1000-116-06-12.2("tax lot 12.27')are void, 2) a declaration that Defendants Todd E. Freed and Edith Webster Freed and all persons claiming under them be barred from all claims to an interest in tax lot 12.2,and 3) a declaration that Defendants Todd E. Freed and Edith Webster Freed and all persons claiming under them are forever barred from the use of tax lot 12.2,and a declaration that Plaintiff and the heirs of Wickham Case,to wit: Additional Defendants Nancy Marschean,Kimberly Jobes,Barbara J. Martin,Dianne McGunnigle,Bruce Brem, Steven Brem,Paul Brem,Alice W. Groome,Melissa Whitted,Matthew Whitted,Michael Whitted, Mitchell W. Whitted,Mary Elaine Whitted, Case Maxwell Whitted,Katherine R. Case,David T. Case and Clifford T. Case III are the owners of tax lot 12.2,and Plaintiff having also alleged that tax lot 12.2 is burdened by an easement for the benefit of himself and Additional Defendants,Joseph M. Barkwill,Patricia M. Barkwill,Russell A. Hearn,Susan Hearn,Barbara Best,Jean C.Block,Patrick Block, Serafino M. Celano, Annmarie Celano, Sydney Dufton III,Deborah Dufton,Nicole Fitzgerald,Shawn Fitzgerald, . Edmund Giordano, Marguerite Giordano,Peter Godoff, Heidi S. Godoff,Douglas Hermann, Moore's Lane LLC,Barbara Hermann,Mary D. Holland,McIlvain R M &E B Irrevocable Living Trust,Gregory O'Neill, Carol O'Neill, Mary Karen Rich,William Rich III,Mark Robertson,Nancy Robertson,Zarko Svatovic,Dunewood Truglia,Trina Waldron,Stephen F E B 2 7 2024 I I 2 il; FEP a Southold Town Soar d of i rustees - - ----- 2 of 17 r. ,•.. r [FILED : SUFFOLK COUNTY JERK 11 16 2023 11 : 47 2 INDEX N0. 618675/2017 NYSCEF DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Weiss and Marie Weiss,and Plaintiff having filed proof of service of his pleadings on Defendants Todd E.Freed and Edith Webster Freed and all of the Additional Defendants; and Defendants Todd E. Freed and Edith Webster Freed having filed an answer to Plaintiffs complaint and then having filed an amended answer on April 30,2017 asserting counterclaims and cross-claims seeking 1)the dismissal of Plaintiffs complaint with prejudice,and 2) declaring that Defendants Todd E. Freed and Edith Webster Freed are the valid fee title owners to tax lot 12.2,and 3) declaring that all other claims of ownership of tax lot 12.2 are invalid,and 4) declaring that no party to the action has a deeded easement or right-of-way over tax lot 12.2 and Defendants Todd E. Freed and Edith Webster Freed having filed proof of service of their pleadings on the Additional Defendants;and None of the named Additional Defendants having interposed an answer except Zarko Svatovic,acting pro se,who did not assert any claims but whose rights concerning the subject matter of this action,along with the rights of additional defendant Barbara Best,were determined in a previous action in this court, Todd E. Freed and Edith Webster Freed v. Barbara Best and Zarko Svatovic,Index No. 01247/2014; and None of the Additional Defendants having participated in the litigation of this action as parties;and The action having been called for trial on September 18,2023,and Plaintiff Ernest Wickham Case having appeared by David P. Fallon and the Defendants Todd E.Freed and Edith Webster Freed having appeared by Esseks,Hefter,Angel, Di Talia&Pasca,LLP, Stephen R. Angel and Anthony C. Pasca,of counsel,and the Additional Defendants having defaulted, thereby making them bound by the provisions of this Judgment;and E E ��- F E B 2 7 2024 j 3 Sout1,01d Town board of-Trustees 3 of 17 [FILED : SUFFOLK COUNTY AMRK 11 16 2023 11 : 47 AM INDEX NO. 618675/2017 NYSCEF DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 A settlement having been placed on the record in open court on September 18,2023,the transcript of which having been"So Ordered"by the Court and filed on October 4,2023, NOW,upon joint motion of Esseks,Hefter,Angel,Di Talia&Pasca, LLP and David P. Fallon,it is ORDERED,ADJUDGED AND DECREED,that the complaint and claims therein and the answer with counterclaims and cross-claims therein,and any amendments thereto,are hereby granted only to the extent that the rights and obligations of the parties are set forth in the following decretal paragraphs of this Judgment,and said claims,counterclaims,and cross-claims are otherwise dismissed; and it is further ORDERED,ADJUDGED AND DECREED,that Defendants Todd E.Freed and Edith Webster-Freed are declared to be the sole owners,in fee simple absolute,of tax lot.12.2,which is more particularly described upon Exhibit A annexed hereto;and it is further ORDERED,ADJUDGED AND DECREED that Plaintiff,Ernest Wickham Case,and certain of the Additional Defendants as defined hereinafter as"Easement Defendants,"are declared to be benefitted by certain easement rights over tax lot 12.2,appurtenant to their respective parcels as hereinafter defined,only to the following extent: i 1) an exclusive easement over a ten-foot wide area of tax lot 12.2 (Exhibit A),which exclusive easement area is more particularly described upon Exhibit B annexed hereto(the exclusive easement area"),for pedestrian access(no vehicles)from New Suffolk Avenue to the Peconic Bay and for minor accessory structures(e.g.,kayak storage,benches)under eight(8) feet tall(measured from grade),but only outside of the beach grass/dune area, said exclusive easement area to be maintained by the Easement Defendants,who will also be responsible to comply with.Town of Southold directives regarding structures thereon;Defendants Todd E. E ' 4 F E B 2 7 2024 ; = i i OL'tll0i ;GbV l 4 of 17 �_� E�oard of 11 rustees [FILED : SUFFOLK COUNTY ERK 11 16 2023 11 : 47 INDEX NO. 618675/2017 NYSCEF DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Freed and Edith Webster Freed shall have limited access to said exclusive easement area for any reasonably necessary purposes(e.g.,surveying,appraising,code compliance), but not to use for any other purpose; 2) a nonexclusive easement over the sandy beach area of tax lot 12.2(Exhibit A),which nonexclusive area is more particularly described on Exhibit C annexed hereto(the"nonexclusive easement area");no structure or storage of any kind is pennitted within the nonexclusive easement area; 3) the exclusive easement and the nonexclusive easement shall run with the land for the benefit of Plaintiff's property,Suffolk County Tax Map Parcel 1000-116-2-28.001,240 Meadow Lane,.Cutchogue,New York,and the following properties which are described in Plaintiff's complaint as being owned by the following parties,who are collectively referred to herein as "Easement Defendants": Suffolk County Tax Map Parcel 1000-116-2-18 Property address: 450 Bay Road Cutchogue,NY 11935 Property-owner(s): Joseph M. Barkwill Patricia M. Barkwill Suffolk County Tax Map Parcel 1000-116-2-20 Property address: 535 Meadow Lane Cutchogue,NY 11935 Property owner(s): Russell A. Hearn Susan Hein _'.,' F E B 2 7 2024 5 I --- i - - Soard of Trustees 5 of 17 (FILED : SUFFOLK COUNTY' _-ERK 11 16 2023 11 : 47 INDEX N0. 618675/2017 NXSCEF DOC. NO. 549 = RECEIVED NYSCEF: 12/06/2023 Suffolk County Tax Map Parcel 1000-116-2-5 Property address: 12355 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Barbara Best Zarko Svatovic Suffolk County Tax Map Parcel 1000-116-2-22.3 Property address: 330 Case Road Cutchogue,NY 11935 Property owner(s): Jean C. Block Patrick Block Suffolk County Tax Map Parcel 1000-116-2-22.002. Property address: 13305 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Serafino M. Celano Annemarie Celano Suffolk County Tax Map Parcel 1000-116-2-23 Property address: 13555 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Sydney Dufton III Deborah Dufton Suffolk County Tax Map Parcel 1000-116-2-13 Property address: 12555 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Nicole Fitzgerald Shawn Fitzgerald LAi F E B 2.7 2024 6 Southoic_, Town 1 Board of Trustees ustees 6 of 17 [FILED : SUFFOLK COUNTY i ERK 11 16 2023 11 : 47 A INDEX N0. 618675/2017 NYSCEF DOC. NO. 549 - RECEIVED NYSCEF: 12/06/2023 Suffolk County Tax Map Parcel 1000-116-2-16.1 Property address: 200 Bay Road Cutchogue,NY 11935 Property owner(s); Edmund Giordano Marguerite Giordano Suffolk County Tax Map Parcel 1000-116-2-21 Property address; 395 Meadow Lane Cutchogue,NY 11935 Property owner(s): Peter Godoff Heidi Godoff Suffolk County Tax Map Parcel 1000-116-2-3 Prop=address: 4955 Moores Lane Cutchogue,NY 11935 Prone owner: Moore's Lane LLC Suffolk County Tax Map Parcel 1000-116-2-14 Property address: 13105 New Suffolk Avenue Cutchogue,NY 11935 Property owner(s): Douglas Herrmann Barbara Herrmann Suffolk County Tax Map Parcel 1000-116-2-9 Property address: 400 Short Road Cutchogue,NY 11935 Property owner: Mary D. Holland Suffolk County Tax Map Parcel 1000-116-2-6 Property address: 12455 New Suffolk Avenue Cutchogue,NY 11935 .Property owner: - - - - - Mcllvain R M&E B Irrevocable Living Trust I + F E B 2 7 2024 L 7 of 17 [FILED : SUFFOLK COUNTY; ,ERK 11 16 2023 11 : 47 X ~) INDEX No. 618675/2017 N)(SCEF DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Suffolk County Tax Map Parcel 1000-116-2-17 ProRert ay ddress: 135 Case Road Cutchogue,NY 11935 Property owner(s): Gregory O'Neill Carol O'Neill Suffolk County Tax Map Parcel 1000-116-2-26 Property address: 500 Meadow Lane Cutchogue,NY 11935 Property owner(s): Mary Karen Rich William Rich III Suffolk County Tax Map Parcel 1000-116-2-11.001 Property address: 435 Bay Road Cutchogue,NY 11935 Property owner(s): Mark Robertson Nancy Robertson Suffolk County Tax Map Parcel 1000-116-2-7 Property address: 200 Short Road Cutchogue,NY 11935 Property owner(s): Dunewood Truglia Ileen Truglia Suffolk County Tax Map Parcel 1000-116-2-8 Property address: 300 Short Road Cutchogue,NY 11935 Property owner: Trina Waldron i Suffolk County Tax Map Parcel 1000-116-2-12 Property address: 195 Bay Road - Cutchogue,NY 11935 Property owner(s): J- _' -`- - -- +�' i, Stephen E. Weiss (" ; Marie Weiss; F E B 2 7 2024 8 :;o t oil .own [3oav l of Trustees i 8 of 17 [FILED : SUFFOLK COUNTY — `ERK 11 16 2023 11 : 47 A j INDEX N0. 618675/2017 NY.SCEF DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 and it is further ORDERED,ADJUDGED AND DECREED that all claims of Plaintiff and Additional Defendants to any interest in tax lot 12.2 (Exhibit A),other than as set forth in this Judgment,are declared invalid,and every person claiming under Plaintiff and Additional Defendants Joseph M. Barkwill,Patricia M. Barkwill,Russell A. Hearn, Susan Hearn,Barbara Best,Jean C. Block, Patrick Block, Serafino M. Celano,Anninarie Celano, Sydney Dufton III, Deborah Dufton, Nicole Fitzgerald,Shawn Fitzgerald,Edmund Giordano,Marguerite Giordano, Peter Godoff, Heidi S. Godoff,Douglas Hermann,Moore's Lane LLC,Barbara Hermann,Mary D.Holland, McIlvain R M&E B Irrevocable Living Trust, Gregory O'Neill,Carol O'Neill,Mary Karen Rich,William Rich Ill,Mark Robertson;Nancy Robertson,Zarko Svatovic,Dunewood Truglia, Trina Waldron,Stephen Weiss, Marie Weiss,Nancy Marschean, Kimberly Jobes, Barbara J. Martin,Dianne McGunnigle, Bruce Brem, Steven Brem,Paul Brem,Alice W. Groome,Melissa Whitted,Matthew Whitted,Michael Whitted,Mitchell W. Whitted,Mary Elaine Whitted,Case Maxwell Whiffed,Katherine R. Case,David T. Case and Clifford T. Case III by title accruing after the filing of the judgment roll be forever barred from asserting such claims to an estate or interest or easement,the invalidity of which has been established in this action; and it is further ORDERED,ADJUDGED AND DECREED that all instrurnents purporting to create any estate or interest in tax lot 12.2(Exhibit A)that are contrary to the declarations contained in this Judgment,including but not limited to the lease given by Plaintiff to William Rich, are declared invalid;and it is further ORDERED, ADJUDGED AND DECREED that the Settlement Agreement entered into in open court between the parties on the 18`h day of September,2023,an original transcript of which was So Ordered by the Court on September 21,2023,and is on file with this Court and is E 9 F E B 2 7 2024 9 of 17 s 1-,_ -- C t Ji'. ;Own IAFn_i i of Tri+fit t�, g i FILED : SUFFOLK COUNTY '�ERK 11 16 2023 11 : 47 A INDEX N0. 618675/2017 NxSCEF DOC. NO. 549 RECEIVED NYSCEF: 1V06/2023 incorporated herein by reference,shall survive and shall not be merged into this Judgment, and the Plaintiff,Defendants and the Additional Defendants are hereby directed to comply with all legally enforceable terms and conditions of that So Ordered agreement as if such terms and conditions were set forth in their entirety herein;and it is further ORDERED,ADJUDGED AND DECREED that upon being furnished with a certified copy of this Judgment,and upon payment of the fees allowed by law, if any, the Clerk of the County of Suffolk is directed to record this Judgment in the land records of Suffolk County,to be indexed in the chain of title to the subject property(tax lot 12.2)as well as against the chains of title to Plaintiff and the Easement of Defendants,to wit: against the following properties: Properly of. Todd E. Freed and Edith Webster Freed 12400 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-06-12.2 Property of-, Ernest Wickham Case 240 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-28.1 Property of: Joseph M.Barkwill Patricia M.Barkwill 450 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-18 Proper Prop=of: Russell A.Hearn Susan Hem 535 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-20 <<� FEB 2 7 2124 10 � t3,�)2;-d of i"r ustees 10 of 17 [FILED : SUFFOLK COUNTYi ,,ERK 11 16 2023 11 : 47 INDEX NO. 618675/2017 NXSCEF DOC. NO. 549 RECEIVED NYSCEF: 12/'06/2023 Property of- Barbara Best Zaiko Svatovic 12355 New Suffolk Avenue. Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-5 ProneM of: Jean C.Block Patrick Block 330 Case Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-22.3 Property of: Serafino M. Celar>o Annemarie Celano 13305 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-22.002 Property of: Sydney Dufton III Deborah Dufton 13555 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-23 Propel of: Nicole Fitzgerald Shawn Fitzgerald 12555 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-13 Property of: Edmund Giordano Marguerite Giordano 200 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-16.1 FEB 2 7 2024 11 �O;JlIlO{C:Town 11 of 17 [FILED: SUFFOLK COUNTY i ,ERK 11 16 2023 11 : 47 TO. INDEX N0. 618675/2017 NXSCEF DOC. NO. 549 RECEIVED NYSCEF: W06/2023 Propegy of. Peter Godoff Heidi Godoff 395 Meadow Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-21 Propegy of: Moore's Lane LLC 4955 Moores Lane Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-3 Property of: Douglas Hermann Barbara Herrmann 13105 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-14 Property of. Mary D. Holland 400 Short Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-9 Property of: Mcllvain R M &E B Irrevocable Living Trust 12455 New Suffolk Avenue Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-6 Property of: Gregory O'Neill Carol O'Neill 135 Case Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-17 Property of: Mary Karen Rich William Rich III -- - --r �- 500 Meadow Lane Cutchogue NY 11935 l! Suffolk County Tax Map Parcel 1000-116-2-26 F E B 2 7 2024 12 I G 2,rd of Trtastees 12 of 17 [FILED : SUFFOLK COUNTY; JERK 11 16 2023 11 : 47 INDEX No. 618675/2017 NySCEF ,DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Exhibit A (Tax Lot 12.2) ALL that certain plot,piece, or parcel of land situate, lying and being at Cutchogue,Town of Southold,County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the southerly side of New Suffolk Avenue marked by a monument found at the northwesterly corner of land now or formerly of Leonard P. Wessell&Amy P. Wessell: RUNNING thence from said point of beginning South 13 deg. 01 min.40 sec. West along land now or formerly of Leonard P. Wessell&Amy P. Wessell 449.47 feet to the approximate high water mark of Great Peconic Bay; RUNNING thence along the approximate high water mark of Great Peconic Bay a tie-line course and distance of North 68 deg. 36 min. 11 sec. West 33.36 feet to a point; RUNING thence North 13 deg. 01 min.40 sec.East along other lands of the party of the first part 444.61 feet to the southerly side of New Suffolk Avenue; RUNNING thence South 76 deg. 58 min.20 sec. East along the southerly side of New Suffolk Avenue 33.00 feet to the monument found at the point or place of Beginning. CONTAINING an area of 14,752 Sq.Ft. W, E F E B 2 7 2024 wn I C___ CP-'/� v� 14 13 of 17 [FILED : SUFFOLK COUNTY ERK 11 16 2023 11 : 47 Al. INDEX NO. 618675/2017 NySCEF.DOC. NO. 549 RECEIVED NYSCEF: 12/06/2023 Exhibit B (Exclusive Easement Area) ALL that certain plot,piece,or parcel of land situate,lying and being at Cutchogue,Town of Southold,County of Suffolk and State of New York,being the exclusive easement designated in this Judgment,more particularly bounded and described as follows: BEGINNING at a point on the southerly side of New Suffolk Avenue marked by a monument found at the northwesterly corner of land now or formerly of Leonard P. Wessell &Amy P. Wessell: RUNNING thence from said point of beginning South 13 deg. 01 min.40 sec. West along land now or formerly of Leonard P. Wessell&Amy P.Wessell 387.40 feet to the southerly line of beach grass; RUNNING thence along the average southerly line of the beach grass a tie-line course and distance of North 45 deg. 27 min.22 sec. West 11.73 feet to a point; RUNNING thence North 13 deg. 01 min.40 sec. East along the westerly side of the exclusive easement 381.26 feet to the southerly side of New Suffolk Avenue; RUNNING thence South 76 deg. 58 min. 20 sec. East along the southerly side of New Suffolk Avenue 10.00 feet to the monument found at the point or place of Beginning. CONTAINING an area of 3,843 Sq.Ft. The southerly line of the beach grass is an ambulatory line defined by the location of the average southerly line of beach grass on the beach of the Great Peconic Bay(see Macklowe v.Trustees of the Freeholders, 110 AD3d 964 [2d Dept. 2013]). y� 15 f FEB2 7 2024 14 of 17 - i�UrliGiC; iCV(Ii [FILED : SUFFOLK COUNTY I ;ERK 11 16 2023 11 : 47 A; INDEX N0. 618675/2017 _ _ r NYSCEF„DOC. NO. 549 RECEIVED NYSCEF:- 12/'06/2023 Exhibit C (Nonexclusive Easement Area) ALL that certain plot,piece,or parcel of land situate,lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York,being the non-exclusive easement designated in this Judgment,more particularly bounded and described as follows: BEGINNING at a point on the southerly line of beach grass,said point being situate South 13 deg.01 min.40 sec. West 387.40 feet from the monument found at the intersection of the southerly side of New Suffolk Avenue and the westerly line of land now or formerly of Leonard P. Wessell&Amy P. Wessell: RUNNING thence from said point of beginning South 13 deg. 01 min. 40 sec. West along land now or formerly of Leonard P. Wessell&Amy P.Wessell 62.07 feet to the approximate high water mark of Great Peconic Bay; RUNNING thence along the approximate high water mark of Great Peconic Bay a tie-line course and distance of North 68 deg. 36 min. 11 sec. West 33.36 feet to a point; RUNNING thence North 13 deg. 01 min.40 sec. East along other lands of the party of the first part 52.94 feet to the southerly line of beach grass; RUNNING thence along the southerly line of beach grass the following three tie-line courses and distances: 1. North 89 deg. 05 min. 23 sec. East 11.06 feet; 2. North 70 deg. 45 min.42 sec.East 14.51 feet; 3. South 45 deg. 27 min. 22 sec. East 11.73 feet to the point or place of Beginning. CONTAINING an area of 1,995 Sq. Ft. The southerly line of the beach grass is an ambulatory line defined by the location of the average southerly line of beach grass on the beach of the Great Peconic Bay(see Macklowe v. Trustees of the Freeholders, 110 AD3d 964 [2d Dept. 20131). ! !; F E B 2 7 2024 v,f y �outrioi:' :own �JaarG of Trustees 16 15 of 17 r FILED: SUFFOLK COUNTY( _.ERK 11 16 2023 11 : 47 T i INDEX NO. 618675/2017 NXSCEF ,DOC. NO. 549 s r RECEIVED NYSCEF: 12/06/2023 Property of: Mark Robertson Nancy Robertson 435 Bay Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000.116-2-11.001 Property of: Dunewood Truglia Ileen Truglia 200 Short Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-7 Property of: Trina Waldron 300 Short Road Cutchogue,NY 11935 Suffolk County Tax Map Parcel 1000-116-2-8 Prope=of: Stephen E.Weiss Marie Weiss 195 Bay Road Cutchogue,NY 11935 Suffolk County Tax AAMap Parcel 1000-116-2-12 t (e NY ENT GRANTED &o . J eph Farnetii.S.C. NOV .9 2023 VINCENT PULEO Clerk of Suffolk County •A �l �1 F EB 2 7 2024 113 jOtJ`L'�IOid1 11ow l Board of�rusj_ees _, 16 of 17 TILED : SUFFOLK COUNTY1, _ `JERK 11 16 2023 11 : 47 A- INDEX NO. 618675/2017 r NYS.CEF DOC. NO. 549 RECEIVED NYSCE.F: 1U06/2023 FILED 2Q13 NOY 16 AN 11: 47 SUFFULE QL;�COUNTY CLERK i • s"' •per; ;f.;:: :"-:°•�'i� :�� . ;C.�•.. e _s FES 2 7 2024 17 of 17 FILED: SUFFOLK COUNTY, -ERK 10 04 2023 11 : 49 J- INDEX N0. 618675/2017 NYSCEF DOC. NO. 54 D23 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK : : : : : PART 37 2 ------------------------------------------X 3 ERNEST WICKHAM CASE, , aintiff, 4 � EcrE E INDEX NO. -a S . 5 618675/2017 6 F E B 2 7 2024 SETTLEMENT AGREEMENT TESTIMONY OF: 7 Sout:ljold Town ERNEST W. CASE Board of Trustees TODD E. FREED 8 EDITH WEBSTER-FREED 9 TODD E. FREED, EDITH WEBSTER-FREED, NANCY B. MARSCHEAN, KIMBERLIE JOBES, 10 DIANNE MCGUNNIGLE, BRUCE BREM, STEVEN BREM, PAUL BREM, ALICE W. GROOME, ELAINE WEBER 11 WHITTED, KATHERINE R. CASE, DAVID T. CASE, CLIFFORD T. CASE III, JOSEPH M. BARKWILL, 12 PATRICIA M. BARKWILL, RUSSELL A. HEARN, SUSAN HEARN, BARBARA BEST, JEAN C. BLOCK, 13 PATRICK• BLOCK, SERAFINO M. CELANO, ANNEMARIE CELANO, SYDNEY DUFTON III, 14 DEBORAH DUFTON, NICOLE FITZGERALD, SHAWN FITZGERALD, EDMUND GIORDANO, 15 MARGUERITE GIORDANO, PETER GODOFF, HEIDI S. GODOFF, DOUGLAS HERRMANN, 16 MOORE' S LANE LLC, BARBARA HERMANN, MARY D. HOLLAND MCILVAIN R M & E B IRREVOCABLE 17 LIVING TRUST, GREGORY O'NEILL, MARY KAREN RICH, WILLIAM RICH III, MARK ROBERTSON, NANCY ROBERTSON, 18 ZARKO SVATOVIC, DUNEWOOD TRUGLIA, ILEEN TRUGLIA, TRINA WALDRON, STEPHEN WEISS, MARIE WEISS, 19 MELISSA WHITTED, MATHEW P. WHITTED, MICHAEL S. WHITTED, MITCHELL W. WHITTED, 20 MARY ELAINE WHITTED, CASE MAXWELL WHITTED, 21 Defendants. 22 ------------------------------------------X 23 September 18, 2023 Riverhead, New York 24 B E F 0 R E: 25 Hon. Joseph Farneti Acting Supreme Court Justice Theresa E. McKibbin, RFR, Senior Court Reporter 1 of 26 [FILED: SUFFOLK COUNTY; -ERK 10 04 2023 11 : 49 Al INDEX N0. 618675/2017 NYSCEF DOC. NO. 54 - 023 1 A P P E A R A N C E S: 2 LAW OFFICE OF DAVID P. FALLON, PLLC. Attorney for Plaintiff 3 53 Main Street, Suite 1 Sayville, New York 11782 4 BY: DAVID P. FALLON, ESQ. 5 ESSEKS, HEFTER, ANGEL, DITALIA & PASCA, LLP 6 Attorney for Defendants Todd E. Freed & Edith Webster-Freed 7 108 East Main Street Riverhead, New York 11901 8 BY: ANTHONY C. PASCA, ESQ. 9 10 11 12 13 14 c E U E 15 FEB 2 7 2024 16 Southold Town 17 Board of Trustees 18 19 20 21 22 23 24 25 Theresa E. MclCibbin, RPR, Senior Court Reporter 2 of 26 FILED: SUFFOLK COUNTY, tERK 0 04 2023 1 : 49 A INDEX NO. 616675/2017 NYSCEF DOC. NO. 596 3 3 PROCEEDING 1 COURT OFFICER: All rise . 2 COURT CLERK: Supreme Court, State of New 3 York, County of Suffolk, Trial Term Part 37 is now in 4 session, the Honorable Joseph Farneti, justice, 5 presiding . 6 THE COURT : Case on trial, please . 7 COURT CLERK: Index No . 618675 of 2017 , 8 Ernest Wickham Case against Todd E. Freed, Edith 9 Webster-Freed. 10 MR. FALLON : David P . Fallon, Law Offices of 11 David P . Fallon, P . C. , 53 Main Street, Sayville, New 12_ --Yorkr or the plaintiff . E13— Good morning, your Honor . THE COURT : Good morning, Mr . Fallon . f_15— And for the defendants? South )1d Town Boiid� Trustees MR. PASCA: For the defendants Todd E. Freed 17 and Edith Webster-Freed, Esseks, Hefter, Angel, 18 DiTalia & Pasca, LLP, by Anthony Pasca and Stephen 19 Angel . 20 THE COURT : Good morning, Mr . Pasca . 21 Good morning, Mr . Angel . 22 Good morning, Mr . Fallon . 23 Good morning, everyone . 24 And for purposes of the record, it ' s my i 25 understanding that both parties are physically tem 3 of 26 FILED: SUFFOLK COUNTY I: _ "IERK 10 04 2023 11 : 49 Al INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 23 4 PROCEEDING 1 present; is that correct? 2 MR. FALLON : That is correct . Ernest Wickham 3 Case is with me and has his hearing device so that he 4 can hear . 5 THE COURT : Mr . Case, we have the technology, 6 obviously, to make an accomodation for anyone that 7 has any kind of a hearing impairment . Have you been 8 able to hear everything that ' s been said so far, sir? 9 MR. WICKHAM CASE: Say again? 10 THE COURT : Are you able to hear everything 11 that has been said so far in terms of the attorneys ' ��-- a.p.p arances? 1 13 R. WICKHAM CASE: Yes . 17 1E 2 2024 I THE COURT : I ' m going to ask you to pay close LL15,- ----_.___at._�_jtiol to everything that we place on the record So ithol� Tbwn QOai I of TrUSt --- 6 _ t Pam If you have any difficulty whatsoever hearing 17 anything that is said, please raise your hand, let 18 Mr. Fallon and myself know, and we ' ll go over it 19 again to make sure there ' s nothing that you are not 20 aware of as we proceed . Do you understand, sir? 21 MR. WICKHAM CASE : Yes . Thank you. 22 THE COURT : Thank you very much, sir . 23 And for purposes of the record, your clients 24 are here as well, Mr . Pasca? 25 MR. PASCA: Yes , Judge . Both of the Freeds tem. 4 of 26 [FILED : SUFFOLK COUNTY ERK 10 04 2023 11 : 4 AT INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 PROCEEDING �� f I I 1 are sitting next to me . FEB 2 7 2024 2 THE COURT : Very good. Southold TOtivn Board 0;Trustees 3 Welcome . 4 I was assigned this case late last week. I 5 had an opportunity to -- I was assigned, I believe on 6 Thursday afternoon, I had an opportunity to review 7 the file Thursday late afternoon and evening . I met 8 with counsel on Friday . We had a rather lengthy 9 discussion with respect to the history not only of 10 this case, but a case that had preceded it before 11 Justice Luft . And based upon those conversations, 12 actually a very frank discussion of the facts and the 13 law, an outline was discussed with respect to the 14 resolution of the case, which I believe has now been 15 memorialized, and what I ' ve marked as Court 16 Exhibit I , which is dated September 18th of 2023 , 17 with respect to settlement terms . 18 The appearing parties are here, Ernest W. 19 Case, as are the defendants Todd E . Freed and Edith 20 Webster-Freed. 21 Also for the record, I would like to note 22 that there was another answering defendant who 23 apparently appeared in the action but did not 24 participate in this case, and I would note for the . 25 record, and I take judicial notice of a prior tem. 5 of 26 FILED : SUFFOLK COUNTY ^JERK 10 04 2023 11 : 49 p INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 — -_ 3 6 PROCEEDING 1 proceeding involving Mr . Zarko Svatovic, under Index 2 No . 01247 of 2014 , wherein a jury verdict was 3 reached. There was a partial setting aside of that 4 verdict by Justice Luft . A separate judicial 5 determination was made by Justice Luft with respect 6 to a partial 10-foot wide pedestrian easement . I 7 note that that was in the form of an ultimate 8 Judgment, and the Court takes judicial notice of that 9 particular Judgment . 10 It ' s also my understanding that our 11 additional categories of non-appearing parties , there 12 are alleged fractional owner additional defendants , 13 which we ' ve labeled as "Wickham Case Heirs, " and 14 there are also alleged easement-holder additional 15 defendants , which we ' ve categorized as "Easement EC E VI IE Defendants . " Each of those categories are . set forth Li 17 under paragraphs 2a and 2b of what ' s been marked as j F E B 2 7 2024 . 0 18 Court Exhibit I , and the Court incorporates that into SoutboldTowi9 the record today for the purpose of addressing the Board of Trustees 20 fact that those individuals exist and what we ' re 21 doing here today impacts upon them as well . And they 22 will be bound likewise, as will be further indicated 23 on the record . 24 Mr . Pasca, under the category of Disposition 25 of Claims , would you like to place that on the record tem 6 of 26 [FILED : SUFFOLK COUNTY ERK 10 04 2023 1 : 49 A { INDEX N0. 618675/2017 NYSCEF DOC. NO. 3 7 PROCEEDING 1 at this time? 2 MR . PASCA: I think that would be a good 3 idea, Judge . 4 THE COURT : I ' m going to ask people to pay 5 very close attention. Mr . Pasca is going to read 6 into the record a Disposition of Claims, which begins 7 on page 3 of what ' s been marked as Court Exhibit I . 8 And with respect to that, I don ' t know that footnote 9 no . 1 needs to be read. 10 Mr . Pasca, both the terms and conditions need 11 to be read. 12 I ' m ask going to ask that everyone pay EEA � J n eful attention as it is read into the record. 14 We can either read the complete Agreement FEB 2 7 .2 24 !!' 15 in o the record, or we can do it in sections . Southold Toy /n _Board of 1,6�s Des Whatever is your preference, Mr . Pasca . 17 My understanding is, the parties have had an 18 opportunity to review this very writing with respect 19 to the resolution of this case . And it ' s my 20 obligation to inform them that with respect to a 21 disposition in open court, our Agreement today in 22 open court has the same legal force and effect as if 23 this Agreement was brought back to one of the 24 attorney ' s offices , you signed it, your signatures i 25 were notarized and/or acknowledged, and it is a tem. 7 of 26 FILED : SUFFOLK COUNTY ' JERK 10 04 2023 11 : 49 A— INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 ,- `1- iVt 3 8 PROCEEDING 1 binding effect upon you, so it is extremely important 2 that you pay careful attention because this is the 3 deal . There ' s no sleeping on it tonight and coming 4 back tomorrow and saying, Judge, we didn ' t understand 5 it, we don ' t agree with this paragraph or that 6 provision, because as we is say, this is it . So 7 listen carefully. 8 Mr . Pasca, I 'm going to ask you to read 9 slowly. 10 And again I would just reiterate, that should 11 anyone have any difficulty hearing or understanding, 12 please raise your hand and we will gladly answer any 13 questions that you might have . I will then have a 14 more formal allocution of each of the parties at the 15 end of the reading of the Agreement . C1 Whenever you ' re ready, Mr . Pasca . I �I17 MR. PASCA: May I remain seated? F E B 2 2024 L 18 THE COURT : I would insist that you do so for outho eti of using the microphone so that we can 20 all hear what ' s being said. 21 MR. PASCA: Thank you . 22 And since we have a court exhibit, if I 23 misread it , anyone can feel free to correct me . But 24 I assume the court exhibit will take precedence over 25 any misstatement that I hopefully will not make, but tem 8 of 26 FILED : SUFFOLK COUNTY ; ERK 10 04 2023 11 : 49 Al; INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 - — -- - 3 9 AGREEMENT 1 just in case I do . 2 THE COURT : That ' s the reason I marked the 3 court exhibit as Court Exhibit I, with the 4 understanding that the writing will take precedent 5 over any inadvertent misspeaking h�=rt af�—jam 6 counsel . I L r, ]LE � FEB 7/7 MR. PASCA: Thank you .8 THE COURT •• You ' re welco e . �out ,o,c C' �te.es _ 9 MR. PASCA: Okay. So first we have a 10 Disposition of Claims : 11 We have a general agreement to resolve claims 12 by entering Judgment in compliance with RPAPL 1521, 13 to run with the land and be binding on, and inure to 14 the benefit of successors to the parties, including 15 Easement Defendants : 16 a) Declaring validity of Freeds ' ownership 17 claims to Lot 12 . 2 . 18 b) Declaring validity of easements for 19 benefit of Easement Defendants and Plaintiff, to the 20 extent described in Section III . 21 c) Declaring invalid all other claims of 22 the parties and every person claiming under them. 23 d) Declaring invalid all instruments 24 purporting to create any estate or interest in Lot 25 12 . 2 , including specifically, but without limitation, tem. 9 of 26 FILED: SUFFOLK COUNTY, 'ERK 10 04 2023 11 : 49 A1` INDEX NO. 618675/2017 NYSCEF DOC. NO. 5HD 23 10 AGREEMENT 1 the lease given by Plaintiff to William Rich. 2 e) Authorizing all parties, including 3 Easement Defendants, the right to seek relief to 4 enforce the terms of the Judgment . 5 Then we have a section about the Submission 6 of the Judgment : 7 a) Freeds ' attorneys to prepare draft 8 Judgment and cooperate with Plaintiff ' s attorney to 9 reach agreement as to form of Judgment . 10 b) Agreed-upon Judgment shall be presented 11 to Court for review, approval and entry. 12 c) Any disagreement as to form of Judgment 1 1E to be presented to Court for resolution . -,, 14 �,4 d) Parties thereafter agree to cooperate fLl F E B 2 7 2024 ;'� 15 with the recording of the Judgment in the land saaiiolc. TownQ records of Suffolk County, to be indexed in the chain F30al-d, of Trust s 17 of title to the subject property, as well as against 18 the chains of title to Plaintiff and the Easement 19 Defendants . 20 e) All recording fees shall be at the 21 Freeds ' expense . 22 Then we have a section about the Easement . 23 For whatever reason, Judge, the printout labeled this 24 Roman Numeral I , but it actually should have been 25 III , because we referenced above that the easement tem 10 of 26 [FILED : SUFFOLK COUNTY RK 0 04 2023 11 : 4 INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 11 AGREEMENT 1 was as described as Section III . 2 THE COURT : I think it will be clear . I ' ve 3 made certain notations with respect to the court 4 exhibit in my writing . And I think it ' s , regardless 5 of the numerical standing, I believe the content 6 remains unchanged. 7 MR. PASCA: Great . I agree . cE The Easement we have : 9 a . Exclusive Easement : F E 1 2 7 2024 10 i . Easement Defendants and Plaintiff shall �_,o jthoid.Town 1121 i of Trub,ee^ ant_ itled to an exclusive easement over a 10-foot 12 wide portion of the subject property (as described 13 below) for pedestrian access (no vehicles) from New 14 Suffolk Avenue to Peconic Bay, non-exclusive -easement 15 area defined herein; 16 ii . Location of Exclusive Easement : 17 bounded northerly (10-feet wide) by New Suffolk 18 Avenue, easterly by Lot 13 ( land now or formerly of 19 Carruthers/Wessell) , southerly by the beach grass 20 line along Peconic Bay beach and westerly by a line 21 parallel to and 10 feet from the westerly boundary of 22 Lot 13 . Said location to be memorialized in Judgment 23 by metes and bounds description to be prepared by 24 defendants ' surveyors , but noting that southerly line 25 is ambulatory boundary as per the Macklowe case . tem 11 of 26 [FILED : SUFFOLK COUNTY ' ERK 10 04 2023 11 : 49 K INDEX NO. 618675/2017 NYSCEF DOC. NO. 515 ftfejtt 3 12 AGREEMENT 1 iii . Minor accessory structures (e . g . , kayak 2 storage, benches ) under 8-feet tall (measured from 3 grade) are allowed within exclusive easement area, 4 but outside of beach grass/dune area . If any tickets 5 are issued by Town due to said structures , the 6 Easement Defendants shall be responsible for same and 7 shall comply with any Town directives regarding the 8 structures . 9 iv. Easement Defendants and Plaintiff to 10 maintain exclusive easement area . 11 v. Freeds to have limited access for 12 reasonably necessary purposes (e . g . , surveying, 13 appraising, code compliance) but not to use for any -1-4-- _ �n��e ,iD'urpose . Et U Then, b, we have a Non-Exclusive Easement : 024 � _ _� F1f� 27 2 j� i . Plaintiff and Easement Defendants are itled to a non-exclusive easement over a 33-foot oui r tr F oars oL !n�t0es ----18 -� wide sandy beach portion of Lot 12 . 2 . 19 ii . Location of Non-Exclusive Easement : 20 Bounded northerly by beach grass line, easterly by 21 Lot 13 ( land now formerly of Carruthers/Wessell) , 22 southerly by mean high water of Peconic Bay, and 23 westerly by a line parallel to and 33 feet from the 24 Lot 13 westerly boundary line . Again, location to be 25 memorialized by meets and bounds description to be tem 12 of 26 FILED: SUFFOLK COUNTY ; JERK 10 04 023 11 : 49 Al j INDEX N0. 618675/2017 NYSCEF DOC. NO. 51b 3 13 AGREEMENT 1 prepared by defendants ' surveyor, noting that the 2 northerly line of beach grass and southerly mean high 3 water lines are ambulatory . 4 iii . No structures or storage of any kind 5 within non-exclusive easement area . 6 And we have, Additional Settlement Terms : 7 a) Within 30 days, Freeds will pay 8 $100, 000 to David P . Fallon, as attorney, initially 9 to be held in escrow by Plaintiff ' s attorney, to be 10 released from escrow upon entry of Judgment . 11 THE COURT : Just let me stop you there for 12 one moment . 13 The Court has before it a proposed Order with 14 respect to the application of non-party David P. 15 Fallon, as well as upon the agreement of counsel, 16 that the Judgment dated January 31st of 2023, and 17 entered on March 1st of 2023, against David P . Fallon 18 be vacated, and it ' s intended to be vacated in its 19 entirety subject to the terms and conditions of the 20 Agreement, and that the Judgment will be so marked by 21 the Suffolk County Clerk . And it is the Court ' s 22 intention to sign this Order to be held in escrow 23— u -t-T-1 completion of all the obligations . FrFJ E24+ --- Is that satisfactory, Mr . Pasca? �2TE � 7 SR. PASCA: Yes , sir . 1, 2024 I I 1 ► � tem U -loldl "town ri Trustees 13 of 26 FILED : SUFFOLK COUNTY ,' .RK 10 04 2023 11 : 49 Al, INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 23 14 AGREEMENT 1 THE COURT : Please continue . 2 MR. PASCA: 3 b) Freeds agree to install at their expense 4 a fence and hedge delineating the 10-foot wide 5 exclusive pedestrian easement . The fence shall be a 6 chain link fence on 10-foot line, at the maximum 7 height allowed under the Town Code, with a hedge 8 immediately to the west of fence growing through and 9 over the fence . Fence and hedge shall be subject to 10 any necessary permits, to be obtained by the Freeds, 11 and code compliance . Freeds will trim and maintain 12 the top and western side of such hedge . Freeds shall 13 fill depressions and grind tree stumps to grade in 14 easement area . All work herein to be completed 15 before Memorial Day 2024 , subject to receipt of any 16 necessary Town permits . Plaintiff and Easement 17 Defendants may trim eastern side of hedge up to I 19 C. If Easement Defendants so desire, lei FFF � 2'n'� � �`ee����s- will install, at Freeds ' expense, a 5-foot 2,bu held Towride gate at the entrance to the 10-foot Exclusive Boarc of Trustees 22 y!�Easement area, which may be pass-coded (or keyed, to 23 be determined) to stop unauthorized use of passageway 24 by persons other than Easement Defendants and their 25 houseguests . tem 14 of 26 FILED : SUFFOLK COUNTY; `�ERK 10 04 2023 11 : 49 A' INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 --- 3 15 AGREEMENT 1 d) Freeds agree to waive the $35, 000 2 sanction and to support the Court ' s vacatur of the 3 $10 , 000 sanction payable to The Lawyers ' Fund for 4 Client Protection of the State of New York imposed 5 against him by the same Order/Judgment . Freeds 6 consent to the entry of the attached order vacating 7 the sanctions . If sanctions are not vacated by the 8 Court, Freeds would also withdraw opposition to all 9 appeals regarding sanctions and notify the Court that 10 they settled claim with Mr . Fallon and further 11 support Mr . Fallon ' s appeal to rescind the remaining 12 sanction . 13 e) The Freeds will continue to pay 14 property taxes on subject property. 15 THE COURT : Thank you, Mr . Pasca . 16 MR. PASCA: Thank you, Judge . 17 Mr . Fallon and Mr . Pasca, any objection to 18 having your respective clients sworn for the purpose L 1� F lbrif 1r ocution? 20 �' MR. FALLON : No, your Honor . (� B 27 2024 _ �� MR. PASCA: No, your Honor . 2=2)u hole! Toy-vn THE COURT : All right . I ' m not sure what Bo_ai of Trustees _ 23 — your current physical condition is, Mr . Freed (sic) , 24 if it ' s more convenient for you to raise your right 25 hand while you ' re seated, that ' s perfectly fine . I ' m tem 15 of 26 FILED: SUFFOLK COUNTY $RK 10 04 2-023 11 : 49 Ar; ; INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 23 16 EXAMINATION - CASE - THE COURT 1 going to ask that you give your attention to my clerk 2 for the purpose of being sworn at this time so that I 3 may pose certain questions to you concerning this 4 resolution of the case . 5 COURT CLERK: Please raise your right hand . 6 E R N E S T W I C K H A M C A S E, 7 having been first called, was duly sworn and 8 testified under oath as follows : 9 COURT CLERK: Please state your name for the 10 record, and your address, please . 11 THE WITNESS : Ernest Wickham Case, 240 Meadow 12 Lane, Cutchogue, New York . 13 EXAMINATION BY Iflli � 2.7 )2024 �f 14 BY THE COURT : �!�4 Alio!d-Town 15 Q Good morning, Mr . Case . TEstees 16 A Good morning . 17 Q It ' s a pleasure to meet you, sir . 18 A Thank you very much . 19 Q I 'm very happy we ' ve been able to resolve this 20 case today. I have an obligation, with respect to an 21 allocution in open court, to pose certain questions to 22 the parties to assure myself that they fully understood 23 the tefms and conditions as placed on the record, and as 24 contained in the physical writing as Court Exhibit I . 25 Did you hear the stipulation placed on the record tem. 16 of 26 FILED : SUFFOLK COUNTY ; SRK 10 04 2023 11 : 49 A INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 ,-" 3 17 EXAMINATION - CASE - THE COURT 1 by Mr . Pasca? 2 A Yes . 3 Q Do you have any questions, either for Mr . Fallon 4 or for the Court, with respect to any of the terms and 5 conditions of that stipulation? 6 A No . 7 Q Do you understand, sir, this is a final and 8 binding Agreement upon you, and it resolves all of the. 9 issues in controversy concerning the current lawsuit 10 which is' pending before this Court? Do you understand 11 that, sir? )) F- E C E 12 A Amen . F E B 2 7 2024 ' 13 Q And I second that amen, sir . _ Southold Town 14 You also understand, sir, that a ju�j� carstPes 15 selected. That jury originally was directed to appear 16 here this morning at 9 : 30 a .m. for the purpose of a jury 17 trial, but on the joint request of your counsel and 18 counsel for the defendants I had indicated to those 19 jurors I would not require them in court until 9 : 30 20 tomorrow . The point of me discussing it with you at this 21 point in time is that both your counsel, as well as the 22 defendants, were prepared to go forward with the trial, 23 and this Court was prepared to hear this case at trial, 24 if necessary. Do you have any questions with respect to 25 anything we ' ve done here today? tem. 17 of 26 FILED: SUFFOLK COUNTY ; ERK 10 04 2023 1 : 49 Al_ ; INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 3 18 EXAMINATION - CASE - THE COURT 1 A No . 2 Q Please do not be offended by my following 3 questions ; I am required to ask. 4 A Okay. 5 Q Have you consumed any alcoholic beverage, 6 prescription drug, or any other substance in the past 7 24 hours which would impair your ability to understand 8 what we ' re doing here today? 9 A No . 10 Q Has the accommodation for the hearing device been 11 sufficient for you to fully understand everything that 12 has been said here today? 13 A Yes . 14 Q Do you have any questions for your attorney? 15 A No . 16 Q Have you been satisfied with the representation 17 that you ' ve received from Mr . Fallon in the prosecution *� ECF � 18 of this action? Iir �1--- --- - ----- r } 19 A Yes . ` L; II� FEB 27 2024 ili f 20 Q Thank you, sir . 21 THE COURT : Mr . Fallon, anyt'h-Ln-g_rielse^eyoou ' d i 22 like me to cover? 23 MR. FALLON : No . That ' s fine, your Honor . 24 THE COURT : Thank you . 25 Mr . Pasca, any objection to your clients tem. 18 of 26 FILED : SUFFOLK COUNTT `JERK 10 04 2023 11 : 49 A INDEX N0. 618675/2017 r NYSCEF DOC. NO. 5 --- 3 19 EXAMINATION - CASE - THE COURT 1 being sworn? 2 MR . PASCA: No . 3 THE COURT : Can we have the Freeds sworn, 4 please? 5 COURT CLERK: Raise your right hand, please . 6 Both, your Honor? 7 THE COURT : That ' s fine . B T 0 D D E . F R E E D, having been first 9 called, was duly sworn and testified under oath 10 as follows : 11 E__D—I T H W E B S T E R - F R E E D, having been first called, was duly sworn and FEB7 2024 testified under oath as follows : I l� 14 COURT CLERK: If you can state your names for -Jotj,holc 'Town BoFrdl� l stees.th•e--record, and address . 16 MS . WEBSTER-FREED: Edith Webster-Freed. Oh, 17 address is 1200 Fifth Avenue, Apartment 9A, New York, 18 New York 10029 . 19 THE COURT : Your full name and address , sir . 20 MR. FREED : Todd Eugene Freed, 1200 Fifth 21 Avenue, Apartment 9A, New York, New York 10029 . 22 THE COURT : You may be seated . Although 23 somewhat unusual , I ' d like you to be seated so that 24 you both can use the microphones so that Mr . Freed 25 can also hear -- I 'm sorry -- Mr . Case can also hear tem. 19 of 26 FILED : SUFFOLK COUNTY; ` m 10 04 2023 11 : 49 A INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 3 20 EXAMINATION - WEBSTER-FREED - THE COURT 1 what we ' re placing on the record in terms of your 2 answers to these questions . I ' ll take my lead from 3 the Freeds , and I ' ll start with Mrs . Freed, Edith 4 Webster-Freed . 5 EXAMINATION BY FEB 2 7 2024 6 THE COURT : uJLi�iiCiC� OLvll 7 Q Ma ' am, did you hear the st pjla�tio=ri �p1ac- d on the -- 8 record this morning by your attorney, Anthony Pasca? 9 A Yes , your Honor . 10 Q Do you have any questions for Mr . Pasca, 11 Mr . Angel, or for the Court with respect to any of those 12 terms and conditions? 13 A No, sir . 14 Q Do you understand that this Agreement is final 15 and binding upon you, in that it concludes the matter 16 with respect to all the issues and controversies that 17 were to be tried in this case, do you understand that? 18 A Yes , your Honor . 19 Q All right . Do you have any questions for either 20 Mr . Pasca, Mr . Angel, or for the Court concerning 21 anything regarding this settlement? 22 A No, I don ' t . 23 Q Please do not be offended by the following 24 question : 25 Have you consumed any alcoholic beverage, tem. 20 of 26 FILED : SUFFOLK COUNTY 'ERR 10 04 2023 11 : 49 A1. INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 3 21 EXAMINATION - FREED - THE COURT 1 prescription drug, or any other substance in the past 24 2 hours which would impair your ability to understand what 3 we ' ve done here today and the significance of what you ' re 4 doing? 5 A No, your Honor . 6 Q Have you been satisfied with the legal 7 representation received from Mr . Pasca and Mr . Angel and 8 their firm with respect to this action? 9 A Very much so . E ------- -- i 10 Q Thank you . I F E B 2 7 2024 11 EXAMINATION BY 12 THE COURT • "oLftld fowr' Board of Trustees 4„r 13 Q Mr . Freed, did you hear the stipulation placed on 14 the record by Mr . Pasca today? 15 A Yes , your Honor . 16 Q You had an opportunity, sir, to review the 17 writing which memorialized this Agreement ; is that 18 accurate? 19 A Correct, your Honor . 20 Q Do you have any questions for either Mr . Pasca, 21 Mr . Angel , or for the Court concerning any of the terms 22 and/or conditions of this Agreement? 23 A No questions, your Honor . 24 Q Do you understand, sir, that this is a final and 25 binding Agreement and concludes, in finality, all the tem. 21 of 26 Adilk FILED : SUFFOLK COUNTY RK 10 04 2023 1 : 49 INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 23 22 EXAMINATION - FREED - THE COURT 1 issues and controversy presented to this Court with 2 respect to this litigation and as indicated in the 3 Agreement, do you understand that , sir? 4 A Yes , I do, your Honor . 5 Q Please, again, do not be offended by these 6 questions ; I am required to pose them. 7 Have you consumed any alcoholic beverage, 8 prescription drug, or any other substance in the past 9 24 hours which would impair your ability to understand 10 the significance of this Agreement and u;r__agree-m ell nt 11 today? FEB 2 7 2024 12 A No, I have not, your Honor . 1 Vo ithoicTovvn 13 Q Have you been satisfied with the reprea;en;tza� ,ion 14 received from Mr. Pasca, as well as Mr . Angel and their 15 firm, with respect to this action? 16 A Yes , I am -- yes, I have, your Honor . 17 Q Thank you so much . 18 THE COURT : Just off the record for one 19 moment . 20 (Whereupon, a discussion was held off the 21 record. ) 22 (Back on the record as follows : ) 23 THE COURT : The only other issue remaining, 24 there is , as I indicated earlier, there are 25 references in this Agreement to a prior Judgment tem. 22 of 26 FILED: SUFFOLK COUNTY ERK 10764 2023 11 : 49 A] INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 3 23 PROCEEDING 1 concerning certain sanctions ordered by, I believe it t 2 was Justice Modelewski, with respect to this action . 3 I have indicated -- it ' s been indicated by counsel to 4 the Court that they wish to give immediate effect to 5 this Agreement, with respect to the vacating of those 6 Judgments and any other actions which need to be 7 taken with respect thereto . 8 It ' s my further understanding that there are 9 certain appeals that are currently pending with 10 respect to that , and it ' s my understanding that the 11 Lawyers Fund for Client Protection has at least 12 indicated their intention not to pursue that award 13 once the Judgment is vacated . — _14-- Do I understand it correctly, Mr . Fallon? MR. FALLON : That is correct, your Honor . FE:B6 2 7 2024 �6- THE COURT : Mr . Pasca, any objection? MR. PASCA: No objection . uouin Id Town Board c Trustees 38— THE COURT : Without objection, the Court will 19 sign that Order today, give it immediate force and 20 effect so those objectives may be achieved. 21 Anything else for the record at this time, 22 Mr . Fallon? 23 MR. FALLON : I just want to thank you for all 24 your hard work, Judge . It ' s a very difficult case . 25 And I don ' t -- I think Mr . Pasca and Mr . Angel and I tem. 23 of 26 FILED : SUFFOLK COUNTY; "JERK 10 04 2023 11 : 49 Ai INDEX N0. 618675/2017 NYSCEF DOC. NO. 5 _ 3 24 PROCEEDING 1 agree, without your help it wouldn ' t have gotten 2 done . 3 THE COURT : Well, that ' s what we do here, Mr . 4 Fallon . I appreciate the assistance -- 5 MR. FALLON : Not everybody does that, your 6 Honor . 7 THE COURT : Well, I appreciate it . I ' m not 8 one who likes bouquets, but I ' ll take it for what 9 it ' s worth . Thank you . 10 Mr . Pasca, anything else for the record? 11 MR. PASCA: May we have the transcript 12 so-ordered? We ' ll order it , we ' ll pay it, and the �.•1 13 court reporter will provide it to the Court to be 14 so-ordered. 15 THE COURT : I will direct that the 16 transcript, in fact, be so-ordered so that it is 17 enforceable not only as an Agreement , but immediately 18 as an Order of the Court with whatever enforcement 19 remedies there may be in that regard . l! � V iy� �2 0 !� Anything else, Mr . Pasca . 11 21 MR. FALLON : No, Judge . Thank you very much . FEB 27 2024 22 MR. PASCA: No, Judge . Soutl�c d ,own Ec,e,23o, Trustees THE COURT : Mr . Angel , it ' s always a pleasure 24 to see you . 25 MR. ANGEL : It ' s been a long time . And it ' s tem. 24 of 26 FILED : SUFFOLK COMM, ERK 10 04 2023 11 : 49 A_ INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 25 PROCEEDING 1 a pleasure here, too, appearing here . 2 THE COURT : So am I to understand that the 3 reports of your retirement have been greatly 4 exaggerated? 5 MR . ANGEL : Well, they ' re less exaggerated 6 after today ' s result, your Honor. 7 THE COURT : Congratulations , sir . 8 Congratulations . 9 That concludes our matter . 10 I ' d like to thank both Mr . Case, as well as 11 Mr . and Ms . Freed, with respect to the resolution of 12 this case . It ' s always best to be the masters of our 13 own destiny . It was a very difficult and contentious 14 case . It ' s been pending, in one form or another, for 15 many years , and I ' m very, very happy that we ' ve been 16 able to resolve it . 17 Good luck to you . �18j- �n fI`ti; And good luck to you as well . ); i=1 i 19 �`j Thank you so much . FEB ,,2 2024 L-�� The Court is recessed to chambers . 50 )own� (Continued on next page to accommodate ------------- of "aistees 22 — transcript and certification page . ) 23 (No testimony/colloquy has been omitted . ) 24 25 tem. 25 of 26 WILED : SUFFOLK COUNTY ERK 10 04 2023 11 : 49 A_ INDEX NO. 618675/2017 NYSCEF DOC. NO. 5 3 26 CERTIFICATION 1 MR . PASCA: Thank you, your Honor . 2 MR. FALLON : Thank you, your Honor . 3 (Whereupon the matter was concluded. ) 4 5 6 SO ORDERED: 7 8 - ;L ___-_-_-- -- _ '3 9 JJ FARNETI ACTING SUPREME COURT JUSTICE DATE 10 11 12 13 C E R T I F I C A T I O N 14 15 I , THERESA E . MCKIBBIN, an Official Court Reporter of the State of New York, County of Suffolk, do 16 hereby certify that the above and foregoing is a true and accurate transcription of my stenographic notes taken in 17 the above-entitled action on this day; 18 Furthermore, photocopies made of this transcript by any party cannot be certified by me to be true and 19 accurate . 20 Therefore, only those copies bearing an original signature in blue ink are official certified copies . 21 '9�22 -- — — -------- _ -HERE —SA E . MCKIB IN, RPR - 23C (i, F �_OFFICIAL COURT REPORTER F E B 2 7 2024 a'_L tem Trusts as 26 of 26 -vaCES 425 Montauk Highway - ^ East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management February 26, 2024 Photo Sheet Edith Webster-Freed and Todd Freed FEB 2 7 2024 12400 New Suffolk Ave Cutchogue, NY 11935 SUM Nos.: 1000-116.00-06.00-012.001 and 1000-116.00-06.00-012.002 All photos were taken on February 7, 2024 IF t : 1 ` T 1 =" www.ColeEnvironmentaIServices.com 3 i 1y, 425 Montauk Highway East Quogue, MY 11942 Environmental Consulting (631)369-9445 Wetland Project Management is F E B 2 7 2024 ra.: jib- % I - www.ColeEnvi ronmentalServices.com •1 425 Montauk East Quogue, NY •I Environmental Consulting (631) • I / Wetland Project Management Ot ` I A 9 �y � �► ,i www.ColeEnvironmentalServices.com 1 425 Montauk Highway East Quogue, MY 11942 Environmental Consulting (631)369-9445 Wetland Project Management Y www.ColeEnvironmentalServices.com �' i ,MTCi MEW NO I09 LIRE HATCH YE -9e T• FOR 11 NO. i FOSEC R PCL NO - u 5090 33P� SEE SEC.NO 09040DB.3 u OS 35 00 U 10 12 W y -00 0&0" 3I 2 N :S' f Sezlcl sw TavR OF soumuo wa, rj ✓:= MI. 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