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Home My WebLink AboutL 12883 P 598 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I E I I E I I I E 1111111 IIIA VIII IIII Illi SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: ORDER Recorded: 10/13/2016 Number of Pages: k2- 13 At: 09:34:31 AM Receipt Number : 16-0160699 LIBER: D00012883 PAGE: 598 District: Section: Block: Lot: 1000 069. 00 02.00 004.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $60.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Notation $0.00 NO Cert.Copies $7.80 NO RPT $400 .00 NO Fees Paid $507.80 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County \\ 's Number of page RECORDED 2016 Oct 13 09:34:31 RM JUDITH A. PASCALE This document will be public S CLERK: OF CLERK COUNTS record. Please remove all L D0001288S Social Security Numbers F 598 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17(County) Sub Total �`�' Spec./Add. EA-5217(Sta TOT.MTG.TAX tr, Dual Town Dual County R.P.T.S.A. y\, w•�D Held forAppointment Comm.of Ed. _\ 5. 00 Transfer Tax Affidavit •'(�, Mansion Tax "G}7 R The property covered by this mortgage is Certified Copy I p v or will be improved by a one or two family dwelling only. NYS Surcharge 15. 00 Sub Total - YES orNO Other 1L Grand Total S If NO, see appropriate tax clause on (J page# of this instrument. 4 Dist ^3248668 q_�I�O+0--C�II�INed 3 5 Community Preservation Fund Real Prop T S RIIIIIIII�I{II��I�II�III'll'll'III� CPF Tax Due Amount Tax Servu PDA A ` 'llu ull i Agency Verificati 12-OCT-1 Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD&RETURNTO: Vacant Land John F.Shea, III, Esq. Twomey Latham Shea Kelley Dubin&Quartararo,LLP TD P.O. Box 9398 TD Riverhead, NY 11901 TO Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.stiffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached COURT ORDER made by; (SPECIFY TYPE OFINSTRUMENT) ^ _ /�_ Twomey Latham Shea Kelley Dubin&Quartararo The premises herein is situated in (/Jl`/r/'/vV`"/I''� SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold vs. Robert Schroeder In the VILLAGE or HAMLET of BOXES 6 THRU H MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over pT S R LPA A Stat ID: I 3248668 12-OCT-16 Tax Maps District Secton Block Lot School District 1000 06900 0200 004000 SOUTHOLD 1000 08400 0300 003000 MATTITUCK-CUTCHOGUE r� 'SHORT FORM ORDER INDEX NO. 18880.2014 0 GINALli SUPREME COURT STATE OF NEW YORK I.A.S. PART 17—SUFFOLK COUNTY PRESENT: Hon. PETER H. MAYER MOTION DATE 2-23-16 Justice of the Supreme Court ADJ.DATE 3-1-16 Mot, Seq. #004- MG ------------------------------------------------------------------X Twomey,Latham, Shea,Kelley, TWOMEY,LATHAM, SHEA, KELLEY, DUBIN Dubin & Quartararo LLP & QUARTARARO LLP, Petitioner Pro Se 33 West Second Street ry Petitioner, Post Office Box 9398 ' Riverhead,New York 11901 :a f? - against - - Robert Schroeder °7 Defendant Pro Se -) ROBERT SCHROEDER, 1100 Manhasset Avenue Greenport, New York 11944 _ Respondent. -----------------------------------------------------------------X ,'� Upon the reading and filing of the following papers in this matter: (1)Notice of Motion by the petitioner, dated February 3,2016,and supporting papers;and now UPON DUE DELIBERATION AND CONSIDERATION BY THE COURT of the foregoing papers and pursuant to the Memorandum Decision of the Court dated April 29, 2016 (Mayer, J.), a copy of which is annexed hereto as Exhibit "A", the motion decided as follows: it is ORDERED that the unopposed motion (seq. #004) by petitioner, which seeks an order .amending the Court's September 10, 2015 Order, a copy of which is annexed hereto as Exhibit "B", is hereby granted as unopposed; and it is further ORDERED that, pursuant to Judiciary Law §475, the charging lien granted to petitioner in this Court's September 10, 2015 Order in the amount of$109,776.62, plus statutory interest from the date of entry of judgment, shall be affixed against the proceeds of the litigation of the Divorce Action, captained Diane Schroeder v. Robert Schroeder, Jr., under Index # 00323-2011, which proceeds of litigation include fifty (50%) of the value of each of the following parcels of real property: 1 r CC# : c16-43220 r 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 ORDER Ned in my office on 0912812016 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 Courtthis 10112/2016 SUFFOLK COUNTY CLERK �i�acrzx- Q, r�u.Q.cc�Qv JUDITH A.PASCALE SEAL , Twomey, Latham, Shea,Kelley, Dubin & Quartararo v Schroeder Index No. 18880-2014 Page 2 (1) 39380 County Road 48, Southold, New York, Suffolk County Tax Map No. 1000-69- 2-4 (See Schedule A); and (2) 7505 Cox Lane, Southold, New York, Suffolk County Tax Map No. 1000-84-3-3 (See Schedule B);and it is further ORDERED that the County Clerk be directed to record and/or index this Amended Short Form Order against the aforesaid parcels of real property; and it is further ORDERED that petitioner shall promptly serve a copy of this Order, together with a copy of the Memorandum Decision of this Court dated April 29, 2016 (a copy of which is annexed hereto as Exhibit "A") upon the respondent and its counsel via First Class Mail, and shall promptly thereafter file the affidavit of such service with the County Clerk. This constitutes the Decision and Order of the Court. Dated: d . 2016^11AN ED PETER H.MAOY [ FINAL DISPOSITION -SEP 0 7,20S [ ] NON FINAL DISPOSITON Judith A.PWA* O.SK OF SUFFOLK 0"ffy 2 ' 1 Sam, r d 8 d3S 0 SHORT FORM ORDER INDEX N0. K 0-2014 SUPREME COURT- 'STATE OF NEW YORK I.A.B.PART 17 - SUFFOLK COUNTY PRESENT,. Hon. PETER H.MAYER -- MOTION DATE 2-23-16 Justice of the.Supreme Court ADJ. DATE -13 16-_ „•,- Mot.Seq. #004-I1+ICr __�- ----------------------- --M ----------_-.�. ' Twomey,L-athstin,Shea,Kelley,Dubin,& TWOMEY,LATHAM,SHEA, KELLEY,DUBIN Quartararo,LLP &.Q.UARTARARO LLP, Petitioner Pro Se 33 West 2°d Street Petitioner. _ lost Office Bots 9398 Riverhead,New'fork 11.941 -against- Robert Schroeder Defendant Prb:9e ROBERT S.CHROEDER, 1100 Manhasset Avenue Greenport;New York-11944 Respondent- Upon thereadingand thing of thaollowing paperainihis matter:(t)Notice oFMotion by the.Pedtioner,dated Ftbrusty 3,2015,and supparting paper's;and now UPON DUE DELIBERATION AND CoNSIi�ERATIQN BY THE COURT of the foregoing papers,the.motion is decided as follows. it is ORDERED the motion (seq. #004) by petitioner, which seeks an order amending the.Court's Septeinber:10,2015 Order,is hereby granted as unopposed;and it is further ORDERED that the movantis directed to submit to Chambers an order grantingthe requested relief, as unopposed,strictly limited to the relief requested.in the motion,and including a paragraph.directing the movant to promptly serve a copy of the order (and judgment if applicable), as well as a copy of this Memorandum Decision, upon all appcaring.parties,or their attomeys if represented by counsel,via.first class mail.and to promptly thereafter file the affidavit(s)of such service with the County Clerk;and it is further ORDERED that the movant shall include a copy of this Memorandum Decision as an exhibit to the Order or Judgment submitted to Chambers in accordance with this Decision. o CC# : C16A3217 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 SUPPORTING PAPERS EXHIBIT A filed in my office on 09/28/2016 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 1011212016 SUFFOLK COUNTY �� CLERK JUDITH A.PASCALE SEAL Twomey,Latham,.Shea, Kelley,Dubin & Quarlardro v Schroeder Index Na. 18880-2014 Page 2 Since thesubject motion is unoppased,the uncontroverted facts set forth in the motion.}capers are deemed admitted(Kuehne A Nage4 Inc. v Barden, 36 NY2d 539, 369 NYS2d 667[1975]; 1"ortorello v Carlin, 20 AD2d 20 t,68S NYS2d 641 [1"Dept 19.991;see also, Hermitage Ins. Co. v Trance Hite Club, Inc.,40 AD3d 1032,834 NYS2d 870[2d Dept 2007]). Accordingly,the motion isgranted in all respects. This constitutes the Decision of the Court. Submit Order. Dated: Apri1.29,2016 Ak� PETER H.MAYER,I.S.C. [ ]. FINAL DISPOSITTONT [X j. NON FINAL DISPOSITION SHORT FORM ORDER INDEX NO. 18880-2014 SUPREME COURT- STATE OF NEW YORK I.A.S. PART 17 - SUFFOLK COUNTY PRESENT: Hon. PETER H.MAYER MOTION DATE 7-28-15 Justice of the Supreme Court ADJ.DATE 8-4-15 Mot. Seq. #002-MG --------- 'Twomey,Latham, Shea,Kelley,Dubin & TWOMEY, LATHAM,SHEA,KELLEY, DUBIN Quartararo,LLP &QUARTARARO LLP, Petitioner Pro Se 33 West 2'Street Petitioner, Post Office Box 9398 Riverhead,New York 11901 -against- Robert Schroeder Defendant Pro Se ROBERT SCHROEDER, 1100 Manhasset Avenue Greenport,New York 11944 Respondent. -----------------------------------------------------------X Upon the reading and filing of the following papers in this matter:(1)Order to Show Cause by the petitioner, signed July 9,2015,(Rebolini,J.)and supporting papers;and now UPON DUE DELIBERATION AND CONSIDERATION BY THE COURT of the foregoing papers,the motion is decided as follows: it is ORDERED that the Unopposed petition (seq. #002)by Order to Show Cause(Rebolini, 3.)of petitioner is hereby granted to the extent set forth herein;and it is further ORDERED that the reasonable value of the outstanding balance of legal services rendered by petitioner for respondent in connection with the respondent's divorce action is hereby determined to be $109,776.62;and it is further ORDERED that,pursuant to Judiciary Law§475,petitioner is granted a charging lien in the amount of$109,776.62,plus statutory interest from the date of entry of judgment,which shall be affixed against the proceeds of the litigation of the Divorce Action,captioned Diane Schroeder v Robert Schroeder, Jr., under Index 4 00323-2011; and it is further CC#: C16-43222 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 SUPPORTING PAPERS EXHIBIT S filed in my office on 09/2812016 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 10/1212016 SUFFOLK COUNTY} CLERK JUDITH A.PASCALE SEAL Twomey,Latham,Shea,Kelley,Dubin & Guartararo v Schroeder Index No. 18880-2014 Page 2 ORDERED that petitioner shall promptly serve a copy of this Order upon the respondent via First Class Mail,and shall promptly thereafter file the affidavit if such service with the County Clerk. Pursuant to Judiciary Law§475,"the attorney who appears for a party has a lien upon his or her client's cause of action,claim or counterclaim,which attaches to a verdict,report,determination,decision, award,settlement,judgment gr final order in his or her client's favor,and the proceeds thereof in whatever hands they may come."An attorney of record who is discharged without cause possesses a charging lien pursuant to Judiciary Law§475 which constitutes an equitable ownership of the cause of action an attaches to any recovery in the client's favor(see D'Ambrosio v Racanelli,129 AD3d 900,12 NYS3d 176[2d Dept 2015]).Ina matrimonial action,a char'giiig lien is-available to the extent that an equitable distribution award reflects the creation of a new fund by an attorney greater than the value of the interests already held by the client(see Wasserman v Wasserman,)l9 AD3d 932,990 NYS2d 571 [2d Dept 20141;Theroux v Theroux, 145 AD2d 625,536 NYS2d 151 [2d Dept 1988]). Under the circumstances presented,the plaintiff has shown entitlement to a charging lien pursuant to Judiciary Law§475.Therefore,the plaintiff s motion is granted as set forth herein. This constitutes the Decision and Order of the Court. Dated: Se tember 10 2015 PETER H.MAYER,J.S.C. [ ] FINAL DISPOSITION [X ] NON FINAL DISPOSITION Schedule A SCTM#: 1000-69-2-4 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of North Road (Riverhead-Greenport Road) (Middle Road) (C.R. 48) at the northerly end of the line connecting the easterly side of Ackerly Pond Lane (Extension) with the southerly side of North Road (Riverhead-Greenport Road) (Middle Road) (C.R. 48); RUNNING THENCE along the southerly side of North Road (Riverhead-Greenport Road) (Middle Road) (C.R. 48),North 54 degrees 19 minutes 20 seconds East, 333.64 feet; RUNNING THENCE South 35 degrees 40 minutes 40 seconds East, 181.64 feet to the northerly side of Middle Road (North Road); RUNNING THENCE along the northerly side of Middle Road (North Road) the following two (2) courses and distances: (l) South 32 degrees 59 minutes 10 seconds West 110.30 feet; (2) South 34 degrees 52 minutes 20 seconds West 183.28 feet to the easterly end of a line connecting the northerly side of Middle Road (North Road) with the easterly side of Ackerly Pond Lane (Extension); RUNNING THENCE along said line, South 87 degrees 08 minutes 07 seconds West 32.72 feet to the easterly side of Ackerly Pond Lane (Extension); RUNNING THENCE along the easterly side of Ackerly Pond Lane (Extension) North 48 degrees 00 minutes 02 seconds West 244.00 feet to the connecting the easterly side of Ackerly Pond Lane (Extension) with the southerly side of North Road (Riverhead-Greenport Road) (Middle Road) (C,R. 48) first above mentioned; RUNNING THENCE along said line North 03 degrees 09 minutes 44 seconds East 34.27 feet to the southerly side of North Road (Riverhead-Greenport Road) (Middle Road) (C.R. 48) at the point or place of BEGINNING. Schedule B SCTM#: 1000-84-3-3 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 southwesterly side of Cox's Lane distant 1148.63 feet northwesterly from the northerly end of the curve connecting the northwesterly side of Middle Road (County Road 48); THENCE South 54 degrees 55 minutes 00 seconds West along the land now or formerly of Staples 573.76 feet to land now or formerly of Glover; THENCE North 41 degrees 46 minutes 00 seconds West along the land mentioned last 171.77 feet; THENCE North 45 degrees 19 minutes 00 seconds West still along the last mentioned land 284.40 feet to land now or formerly of Harris; THENCE North 50 degrees 45 minutes 00 seconds East along the last mentioned land 528.43 feet to the southwesterly side of Cox's Lane; THENCE South 48 degrees 23 minutes 30 seconds East along the southwesterly side of Cox's Land 360.71 feet; THENCE South 49 degrees 01 minutes 50 seconds East still along the southwesterly side of Cox's Lane 142.03 feet to the point or place of BEGINNING.