HomeMy WebLinkAboutL 12926 P 762 1111111 1111 VIII Illil lilll VIII VIII VIII 111111111 IIII
11111111111 illli IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: ORDER Recorded: 08/24/2017
Number of Pages: 18 At: 12 :44 :33 PM
Receipt Number : 17-0146898
LIBER: D00012926
PAGE : 762
District: Section: Block: Lot:
1000 075.00 01 . 00 006.000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $90 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
Notation $0 .00 NO Cert.Copies $22 .50 NO
RPT $200 . 00 NO
Fees Paid $352 .50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
J UE21
RECORDED
d,
2017 Rug 24 12:44.33 PM
Number of pages I JUDITH R. PPSCALE
CLERK OF
SUFFOLK i;OUI•ITY
This document will be public L D00012926
record. Please remove all P 762
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee 9D Mortgage Amt.
1. Basic Tax
Handling 20, 00
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-52 17(County) Sub Total C) Spec./Add. _
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A.
Dual Town Dual County_
a�� � Held for Appointment
Comm.of Ed. 5. 00 (�*pa Transfer Tax
Affidavit
Mansion Tax
Certified Copy / rJ(� The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 U family dwelling only.
Sub Total I.^ ' YES or NO
Other
Grand Total 350 ..So If NO,see appropriate tax clause on
page# of this instrument.
4 Dist _3463820 1000 07500 ciao 006000 '006 5 Community Preservation Fund
,
Real
Tax S " R LPA `�
Il�ulllllllvl�jinl�l� I' Consideration Amount$ $
Agenc, 24"-AUG-1 I ul Ill'ul u�llll !I CPF Tax Due $
Verificat
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land Y�
ARk - FO47-S, ,CSQ5 TD
P. a. 6 ox 9-73 TD
Cur6/-/oa-aE' ivy
TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901
o•Name
www.suffolkcountyny.gov/clerk
Title#
S Suffolk County Recording & Endorsement Page
This page forms part of the attached - -u bc,m rn r made by:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of S'O u YµO L D
z Ey i¢s FXGCu Tu,Q OF In the VILLAGE
�ffE E574zE o F A/,"/AV S. /lfi L �Irle E9 or HAMLET of f ,CVN f G
BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12-0104J 0/08kk
(over)
At an I.A.S. Term, Part 32, of the
Supreme Court of the State of New York,
held in and for the County of Suffolk,
at the Courthouse, One Court Street,
Riverhead,New York, on the Y'day
of.A�aT 2017.
PRESENT: HON. W. GERARD ASHER,
JUSTICE
--------------------------------------------------------------------------------X
SANDRA J. MIDGLEY AS EXECUTOR OF THE
ESTATE OF WILLIAM S. MIDGLEY, JR.,
DECEASED,
Plaintiff,
ENTERED: AUG 14 2011
AT.
against
CHARLES L: PHILLIPS, ISABELLE PHILLIPS, SARAH JUDGMENT
PHILLIPS, ROBERT E. SAYRE and DONALD R. SAYRE,
ASCO-EX THE ESTATE OF DIANE SLAVONIK,
ROBERT SAYRE DONALD SAYRE, GENEVIEVE DUFFEE, INDEX NO.
LEONIE PHILLIPS CARPENTER, GILBERT PHILLIPS, 09-09933
SADIE L. BURGESS, DELLA PHILLIPS, EDRA V. PHILLIPS
ELLINGTON, ETHEL A. PHILLIPS, MILDRED PHILLIPS
EVANS, EDITH L. PHILLIPS, FRANK BURGESS, ERSHEL
BURGESS, JUNIOR BURGESS, WANDA B. SQUIRE, ELLA
PITT, NELLIE WOODBURY, BERTHA D. TERRY, EMMA
BADEAU, ELAINE SMITH GRAHAM, LYDIA B. SMITH,
FOREIGN & DOMESTIC MISSIONARY SOCIETY OF THE
PROTESTANT EPISCOPAL CHURCH IN THE UNITED
STATES OF AMERICA, VIRGINIA BOURENFIEND, EMIL
BOURENFIEND, ALICE L. DYER, EVELYN SEALE,NANCY
VOLMER, BERTHA H. DAVIS, KENNETH DAVIS, SHARON
KIO, ELMER DAVIS JR., FRANCIS P. DAVIS, THE
TRUSTEES OF THE ESTATE BELONGING TO T
dF LONG ISLANDif living, and if deceased, their respective
representatives, executors, administrators, husbands, wives, heirs
at law, next of kin, grantees, mortgagees, assignees,judgment
creditors, receivers, trustees in bankruptcy, trustees, committees,
lienors and successors in interest, and their respective husbands,
wives.or widows, if any, and all persons, parties, corporations,
1
associations,joint stock companies, partnership or any other
entity who have or may claim to have any right, title or interest in
or lien or encumbrance upon the premises described in the
complaint by, through or under any of them, if any, all of whom
and whose names and locations are unknown to the Plaintiff, and
each and every person or entity not specifically herein named and
who may be entitled to or claim to have any right, title, or interest
in the premises described in the complaint,
Defendants.
----------------------------------------------------------------------------- -X
The Plaintiff, having made a Motion for Summary Judgment pursuant to CPLR §3212 on
the grounds there is no defense to the action as it has been finally determined that Plaintiff is the
lawful owner and is vested in absolute title in fee simple of the premises containing 10.236 acres
on the easterly side of Carroll Avenue, Peconic, New York (SCTM 1000-075.00-01.00-006.000),
and the Defendants and all persons claiming for or under them be forever barred from any and all
claims to an estate or interest in the premises and barred and enjoined from disturbing or
interfering with Plaintiffs quiet enjoyment of the said property; and said Motion having been
submitted to Justice W. Gerard Asher at an IAS Term, Part 32, of the Supreme Court, State of
New York, County of Suffolk; and the Court by its Decision and Order dated April 12, 2013, and
entered on April 17, 2013, having granted Plaintiff's Motion and ordering Judgment be entered
against the Defendants in favor of the Plaintiff as provided in said Order; and
the Defendants, DIANE SLAVONIK, ROBERT SAYRE and DONALD SAYRE, having filed a
Notice of Appeal dated May 14, 2013, to the Appellate Division, Supreme Court of the State of
New York, Second Judicial Department, appealing the Order which granted Plaintiff's motion
for Summary Judgment; and
the aforesaid Defendants, DIANE SLAVONIK, ROBERT SAYRE and DONALD SAYRE
2
having also filed a motion in this Court dated May 29, 2013, for leave to reargue Plaintiffs prior
motion for Summary Judgment; which was granted by Order of this Court dated October 15,
2013; and upon granting leave to reargue, the Court adhered to its prior determination by an
Order dated October 15, 2013 and entered in the Suffolk County Clerk's Office on October 25,
2013; and
the Defendants, DIANE SLAVONIK, ROBERT SAYRE and DONALD SAYRE, having filed a
Notice of Appeal dated December 5, 2013, to the Supreme Court of the State of New York,
Second Judicial Department, from the Order of the Supreme Court, Suffolk County dated
October 15, 2013 and entered on October 25, 2013, which granted reargument and upon
reargument adhered to the Court's prior Order granting summary judgment in favor of Plaintiff;
and
SANDRA J. MIDGLEY AS EXECUTOR OF THE ESTATE OF WILLIAM S. MIDGLEY, JR.,
DECEASED, having moved this Court by motion dated November 19, 2014, pursuant to CPLR
1021 for an Order permitting her substitution as Plaintiff-Respondent in this action in the place
and stead of WILLIAM S. MIDGLEY, JR., on the ground said WILLIAM S. MIDGLEY, JR.,
died on September 26, 2014, and for an Order amending the title of the above-entitled action;
and this Court by Order dated February 6, 2015 and entered in the Suffolk County Clerk's Office
on March 9, 2015, ordered the substitution of SANDRA J. MIDGLEY AS EXECUTOR OF
THE ESTATE OF WILLIAM S. MIDGLEY, JR., DECEASED, as Plaintiff Respondent in this
action and directed the caption be amended accordingly; and
ROBERT E. SAYRE AND DONALD R. SAYRE, AS CO-EXECUTORS OF THE ESTATE
OF DIANE SLAVONIK, having moved this Court on October 16, 2015 for an Order permitting
their substitution as Defendant-Appellant in this action in the place and stead of Diane Slavonik
3
on the ground said Diane Slavonik died on July 21, 2014, and amending the title to the above-
entitled action; and this Court by Order dated November 25, 2015 and entered in the Suffolk
County Clerk's Office on February 24, 2016, ordered the substitution of ROBERT E. SAYRE
AND DONALD R. SAYRE, AS CO-EXECUTORS OF THE ESTATE OF DIANE
SLAVONIK, as Defendants-Appellants in this action and directed the caption be amended
accordingly; and
the appeals of this Court's Orders dated April 12, 2013 and October 15, 2013, have come on and
heard by oral arguments before the Supreme Court, State of New York, Appellate Division,
Second Judicial Department, on September 9, 2016; and the decision& order dated October 12,
2016, ORDERED that the appeal from the Order dated April 12, 2013 is dismissed as the portion
of the Order appealed from was superseded by Order dated October 15, 2013; and
upon reargument it was further ORDERED that the Order dated October 15, 2013 is affirmed
insofar as appealed from, and further ORDERED that the one bill of costs be awarded to
Plaintiff, payable by the Defendants, ROBERT SAYRE, DONALD SAYRE, AND ROBERT E.
SAYRE AND DONALD R. SAYRE AS CO-EXECUTORS OF THE ESTATE OF DIANE
SLAVONIK; and
the Defendants-Appellants, ROBERT E. SAYRE AND DONALD R. SAYRE AS CO-
EXECUTORS OF THE ESTATE OF DIANE SLAVONIK, AND ROBERT SAYRE AND
DONALD SAYRE, having filed a motion dated November 10, 2016, to the New York State
Supreme Court, Appellate Division, Second Department for: (1) leave to appeal the Appellate
Division's Decision and Order dated October 12, 2016 to the New York State Court of Appeals;
(2) re-argument of the Decision and Order of the Appellate Division dated October 12, 2016; and
motion having been submitted upon papers filed in support of the motion and papers filed in
4
opposition of the motion, on January 31, 2017, it was ORDERED that the motion was denied
with $100.00 costs.
4* NOW, ON MOTION OF LARK& FOLTS, ES S., ATTORNEYS FOR THE
Mo.
2G"7� '�n � I �� Q� � ye
PLAINTIFF, IT IS HEREBY: � l
l I�c35
ORDERED, ADJUDGED AND DECREED:
I. That the Plaintiff, SANDRA J. MIDGLEY AS EXECUTOR OF THE ESTATE OF
WILLIAM S. MIDGLEY, JR., DECEASED, is the owner in fee simple and seized and
possessed of the real property situate on the easterly side of Carroll Avenue, Pecoaic, Town of
Southold, Suffolk County, New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Carroll Avenue which point I
is distant 368.5 feet on a tie line North 32° 50' 10" West southerly from the Long
Island Rail Road(MTA) along the easterly side of Carroll Avenue and which
point is the southwesterly corner of land of Dae; running thence from said point of
beginning North 52° 0600" East along land of Dae 261.47 feet to a point;
running thence North 31° 30'40" West along the easterly boundaries of lands of
Dae, Rosa-Osorino and Pace 355.24 feet to the southerly side of the Long Island
Rail Road (MTA); running thence North 55° 05' 20" East along the southerly side
of the Long Island Rail Road (MTA) 341.39 feet to land of Osprey Dominion Co.;
running thence South 29° 55' 50" East along the westerly boundary of land of I
Osprey Dominion Co. 886.47 feet to land of Cichanowicz; running thence South
47° 1640" West along the northerly boundary of land of Cichanowicz 573.42
feet to the easterly side of Carroll Avenue; running thence North 32° 50' 10" West
along the easterly side of Carroll Avenue 593.26 feet to the point or place of
BEGINNING. Containing 10.226 acres. (SCTM#1000-075.00-01.00-006.000).
2. Any claim which the Defendants have or might claim to have to the aforesaid
premises is without validity and of no force and effect.
3. The Defendants and each and every person claiming under them or any of them by
title accruing after the t=iling of the Judgment Roll, as prescribed by law, be and they hereby are
forever barred from asserting such claim, the invalidity of which is established in this action, to
an estate or interest in the real property last herein described of any kind or nature whatsoever.
5
4. The Plaintiff, SANDRA J. MIDGLEY AS EXECUTOR OF THE ESTATE OF
WILLIAM S. MIDGLEY, JR., DECEASED, c/o Lark & FoIts, Esqs., 28785 Main Road, PO
Box 973, Cutchogue,New York 11935, recover from the Defendants: ROBERT E. SAYRE,
CO-EXECUTOR OF THE ESTATE OF DIANE SLAVONIK, residing at 970 Highland Road,
Cutchogue, New York 11935; DONALD R. SAYRE, CO-EXECUTOR OF THE ESTATE OF
DIANE SLAVONIK, residing at 1305 Leeward Drive, Southold,New York 11971; ROBERT
SAYRE, individually, residing at 970 Highland Road, Cutchogue,New York 11935; DONALD
SAYRE, individually, residing at 1305 Leeward Drive, Southold New York, 11971; and THE
TRUSTEES OF THE ESTATE BELONGING TO THE DIOCESE OF LONG ISLAND, having
a principal place of business located at 36 Cathedral Avenue, Garden City, New York, 11530;
and VIRGINIA BOURENFIEND, residing at 340 Tremont Street, Taunton, Massachusetts,
02780, the sum of 0 N c___"a U s A AV h S,x A4f,,r,.fZ,E!) 7W,6 ` ! !d 0
b - a DOLLARS for Plaintiff s costs
in this action prior to any appeals to be the Supreme Court of the State of New York, Appellate
Division, Second Department for Plaintiff costs and disbursements as duly taxed by the clerk of
this Court; and that SANDRA J. MIDGLEY AS EXECUTOR OF THE ESTATE OF WILLIAM
S. MIDGLEY, JR., DECEASED, have execution therefor.
5. The Plaintiff, SANDRA J. MIDGLEY,AS EXECUTOR OF THE ESTATE OF
WILLIAM S. MIDGLEY, JR., DECEASED, c/o Lark & Folts, Esgs., 28785 Main Road, PO
Box 973, Cutchogue, New York 11935, recover from the Defendants: ROBERT E. SAYRE,
CO-EXECUTOR OF THE ESTATE OF DIANE SLAVONIK, residing at 970 Highland Road,
Cutchogue, New York 11935; DONALD R. SAYRE, CO-EXECUTOR OF THE ESTATE OF
DIANE SLAVONIK, residing at 1305 Leeward Drive, Southold,New York 11971; ROBERT
6
CC # : C17-35679
Y'
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
filed in my office on 08/14/2017
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 812412017
SUFFOLK COUNTY CLERK
JUDITH A.PASCALE
SEAL
SAYRE, individually, residing at 970 Highland Road, Cutchogue, New York 11935; and
DONALD SAYRE, individually, residing at 1305 Leeward Drive, Southold New York, 11971;
the sum of �' Y76 . y s �i l'Vfarig --b SrN r si - --V/X 5 /1100
DOLLARS as one bill of costs as awarded
to the Plaintiff pursuant to Decision and Order of the New York Supreme Court, Appellate
Division, Second Department, dated October 12, 2016; and as duly taxed by this Court; and that
SANDRA J. MIDGLEY AS EXECUTOR OF THE ESTATE OF WILLIAM S. MIDGLEY, JR.,
DECEASED, have execution therefor.
6. The Plaintiff, SANDRA J. MIDGLEY,AS EXECUTOR OF THE ESTATE OF
WILLIAM S. MIDGLEY, JR., DECEASED, c/o Lark & Folts, Esgs., 28785 Main Road, PO
Box 973, Cutchogue, New York 11935, recover from Defendants: ROBERT E. SAYRE, CO-
EXECUTOR OF THE ESTATE OF DIANE SLAVONIK, residing at 970 Highland Road,
Cutchogue,New York 11935; DONALD R. SAYRE, CO-EXECUTOR OF THE ESTATE OF
DIANE SLAVONIK, residing at 1305 Leeward Drive, Southold,New York 11971; ROBERT
SAYRE, individually, residing at 970 Highland Road, Cutchogue,New York 11935; DONALD
SAYRE, individually, residing at 1305 Leeward Drive, Southold New York, 11971, the sum of
ONE HUNDRED ($1.00.00) DOLLARS as costs as ordered by the New York State Supreme
Court, Appellate Division, Second Department, in a decision& order on motion dated January
31, 2017; and as duly taxed by this Court; and that SANDRA J. MIDGLEY AS EXECUTOR OF
THE ESTATE OF WILLIAM S. MIDGLEY, JR., DECEASED,have execution therefor; and it
is further
ORDERED, ADJUDGED AND DECREED,that the Suffolk County Clerk is directed
7
to record and index this Judgment against the following SCTM parcel number:
1000-075.00-01.00-006.000, more fully described above.
Dated: 4d plar 4 3o 17
ENTER
0, ., s
HON. W. GERARD ASHER, J.S.C.
r
GRANTED
AUG 0 d 2017
Judith A.PaSC818
GSR(OF SUFFOLK COUNTY
r
AS CG-eXVCu�W- 51,-VarA
.J� o.�;1ST � �• ���, ,5���f�'A� 0.S` GS C�—�`F�.�t-e,� p� � �'ST�,� �1��G'c���M C1r1���
`a-7Co. z6
1Slc��v� ectct�T�r nkirt-e_ S yron{Y1
a 5 CC- 0�-
s
FILED
IBIl Alit I U t A 11: 02
SUFFGI. 3 TY C:[.F7i
°sit • f y, ,i. � .J �.v .l J,,
V
FOR '
RMATION
ONLY FROM THIS
PAGE ON.
4
• 136 -Eiill of Cops( CPLR sectimar lit Camrt 1-95 w.ft*w sr.we 10013-
www.blumb rg.00m
SUPREM COURT STATE OF NEW YORK
COL44W OF SUFFOLK ladex No. 09-09933
SANDRA J. MIDGLEY AS EXECUTOR OF THE ESTATE OF
WILLIAM S. MIDGLEY, JR. , DECEASED,
Plainti�'(s)
against
CHARLES L. PHILLIPS, et al.. , RECOM Of Plaintiff
. Summary Judggmment - Part 32,
Supreme Couit, Suffolk County
(Ron. W. Gerard Asher)
DeJe►cdarrt(sJ .
`QTS s DISBURSEMENTS
Casts before note of issue Fee for index mMAXT CPLR§801&(a) "210 00
CPLR§8W1 sub& 1 200.00 Referee'sfees C R§S301(axl),8003(a).
Casts afternote ofissue CarnmmissicnW0 compensatiaom CPU§8301(x)(2)
CPLR§9201 sub&2 Clack's fee,Clung notice of pend.ox attdL CPLR§8021(a)(l0) 50 00
Trial of issue Eataring and docketing judgount CPLR§8301(a)(7),'901 6(aX2)
CPLR§8201 sub&'3 Paid Sur searches CPLR§830l(aXlo)
Allowanceby sty Affidavib A acnowledgmemb cpLR§soo9
CPLR§83D2(a),(b) 80ving cOPY sues,&complaint Cela§8011(hxlj 8301(d) 1,885 00
Addmonai dbwa= Regoed fx judicial ink 95 00
CPLK§8302(4) Note of ism MR§8020(a)
��&1Ltions for Pa;d�•g�t CYLR§8301(&)(12)��
Appeal to Appellate Term 500.00 Thaw ipts and Cling C;PLR§8021
Certified copies of papers CPLR§8301(a)(4)
CPLR§8203(b) SadWac ioapieoe CPLR§5020(a),8021
Appeal to Appellate Division Catified copy of jndgment CPLR§8021
CPLR§BW3(a) Map CPLR 18301(ax12)
Appeal to Court of Appeals Jury fee CPLR§8020(c)
CPLR§9204 SumOgmpbeW fees CPLR
Costa upon firmk ms claims §�,s3ot _
Sheriff's fees err►eaeartion CPLR§8011,8012
and couateaelai ms Sheriffs fees,attachment,wrest,etc. CPLR§sol 1
CPLR§8303-a Paid pxiafing cases CPLR§8301(a)(6)_ —
Cle&s fear Cow of Appeals &ii§8301(ax12)
Paid copies ofpapers CPLR§8016(ax4)
Motioaexpenses CPIR§8301(b)5_got ions_E_ 145.00 225 00
5 44 Few far pz>bhcafian CPLR§8301(x)(3) _ 24,790 84
COST TAXED AT
TIME DAY OF Sing�'�m CPLR l(h),8301(d)
Paid far sewch CPLR§8301(1)(10) 750 00
AUG 14 2017
JUDITH A.PASCALE
CLERK OF SUFFOLK COUNTY Attendance of Wsfresses CPLR§s001(a)(bxe).8301(a)(1)
..........«..«.....«..« S 70 .00
DTSBURSENi> ] ........«. 28, 5.84
TOTAL...._.....,...«.....«.... S 2 7 .84 --
c-s e.�
FILED
loll AUG N , A i!* 02
INT f CLQ
s
`fie .
1ss �t dC cae<�[a.xti�)Bbr.t 1-9samumpadow.poem■..NYC 10013
www 6lcmbag tom
SUPREM COURT STATE OF NEW YORK
COUNTY OF SUFFOLK Indc[NO. 09-09933
SANDRA J. MIDGLEY AS EXECUTOR OF THE ESTATE OF
WILLIAM S. MIDGLEY, JR. , DECEASED,
qpbw
Pix}
CHARLES L. PHILLIPS, et al., COW Ot Plaintiff
Awarded by Appellate Division,
Second Department, by Order
Dr�oa>b�(x} dated,October 12, 2016
COSTS s D s
Cb9ft before note Ofiaane Fee boar mdea=mbw CPLR 18018(a)
MR 18201 aa*& 1 FAucere fm C FM f8301(a)(1X 8003(x)
Coad RAWPLR nate of leave
CRIB C CPM 18301(a)(2)
§8201 s"2 �a fee,filing notice of paced.or of h CRLR¢8021(axia)
Trial of issue and [PLR lMt(a)M 8016(axZ}
CPLR wasm b8201 aaabd 3 Paid Sow ae1bea CRLR J301(ax10)
`�DCPLK by� Affidavibs R acldiowledgtra� CPLR X8009
aal
Addhiana2awanoe@) swviog copy=xmnous&oaampbt CF1A§8011(bxl).83010
CPLK 1002(d) Note of imm CPLR#W20(4)
> costa Paid nel nes 't CPIR g8301(a)(lz)
CPLR I8202 'ibex and fig CPLR p21
Appeal to Appe0si a Tmn CatifiW copier afP@Pra CPLILg8301(a)(4)
CPLR Imo) piece CPLR¢3020(:).8021
Appeal b Appellate Divialon Cfified copy of jodgmeot CPLK¢8021
CPLR JnWa) 250.0(}: Paashge CT1.R 1001(ax12)
Appeal fo Cant of Ajgxmb Jazy fee CPLR§8020(c)
CPLR¢8204 — -.e.-OW feta CRIB X8002,8301
Cods arm finak n clam sheer fim on anwofion CPLR j8011,8012
and axmftrdabmz Rl>edft fms,amKhmng,ammst etr CPLR§8011
C PI,,R¢8303-a Paid cases CFIR§8301(ax6) $626.2-f
Cis fees Court of Aamds [RLR 18301(ax12)
Paid copies afpspem CFLR§W16(ax4)
14otiam egmut a CPLR I0i(b)
Foes farpobfiratim CPLR¢8301(x)(`3)
�►�enbpaeaa cR1.R§801 t(b),8301{d) .
Pala far CPLR§8301(axlo)
. COSY rAXEo AT$ � .
TIME DAY OF—
AUG
AUG 1 b 2017 Rqxxt
AMmdmce of Wkwmm CRLR p001(a)(bxcj 5301(ax1)
JUDITH A.pAfiCAtE CLERK fSF SUFFOLK COUNTY *Printing Brief of Plaintiff—Respondent
for Appellate Division, Second Department
Comm.,..—....._..r......,..� S 250.00
��........_. 626.25
TOTAL.".'.."_.'....'.".." S 876.25 $ 626.25
FILED
02
ULE�;iet
1 1
�. 156 Bell of C0 tt(wi1hCWR seealelas)Btu*Cooet 1-95 •Pubww.NYC 10013
ww9i.bha2berg.00m
SUPREME COURT STATE OF NEW YORK
CL)UMY OF SUFFOLK Index No. 09-09933
s
SANDRA J. MIDGLEY AS EXECUTOR OF THE ESTATE OF
WILLIAM S. MIDGLEY, JR., DECEASED,
PlaArtr,�(s)
j U d Plaintiff
CHARLES L. PHILLIPS, et al., Awarded by Appellate Division,
Second Department, by Order
�ItCa) dated January 31, 2017
COSTS s DISBURSEMENTS S
Costs before nuke of issue Fee fur index:munbw CPLR g801s(a)
CPLR§8201 subd. 1 Referee's fees CPLR§8301(&X1),8003(a)
Costs alien note of issue CammiSsiouet's ca tion CPLR§8301(&)(2)
CPM§8201 subd.2 Clerks fee,Ring notice ofpend.or attch. CPLR§8021(aXIO)
Trial of issue FHIMiog and dodwting jug CPLR§8301(a)(7),8016(a)(2)
CPLR 98201 subd..3 Paid for sm•claes CPLR§8301(a)(l0)
AOawance by statute Allidsvits&acknowledgments CPLR§8009
CPLR§8302(a),(b) serving copy saininow&ooh CPLR§8011(hXl),8301(4)
Additional allowance Request for judicial kftmeutirm
CPLR§8302(4) Note of issue CPLR§8020(a)
Motion O°sf Paid reGeree's report CPLR§8301(ax12)
CPI R§8202 100.00 •Transcripts and filing CPLR§8021
Appeal to Appellate Term Certified copies ofpapers CPLR§8301(a)(4)
CPLR§8203(b) SWaafaction piece CPLR§5020(a),8021
Appeal to Appellate Drwsmh Certified cagy of jodgmeat CPLR§&021
CPLR§8203(a) Postage CPLR§8301(&)(12)
Appeal to Court of Appeals Jury fee CPLR§SMO(c)
CPLR§8204 Stenographers'fees CPLR§8002,8301
Costs upon frivolous claims Sbedffs fives on execution CPLR§8011,8012
and cormt+erclaims SluTiffs fens,a Llai�arrest etc. CPLR§8011
CPLR§8303-a Paid priatoo cases CPIR§8301(aX6)
Clerks fees Court of Appeals CPLR§8301(a)(12)_
Paid copies ofpapen CPLR§8016(ax4)
Motion expenses CPLR§8301(b)
Fees for publication CPLR§$301(a)(3)
Serving subpoena CPLR§8011(h),9301(d)
Paid for search CPLR§8301(&)(10)
COS;TAXED AT$���
TIME-- -DAY OF r�
AUG b Y417 Re's�
Ame dance of'Vtuesses CPLR§8001(a)(bXc),8301(aXl)
JUDITH A.PASCALE
CLERK OF SUFFOLK COUNTY
T5,,,,_....._.._........._ S 100.00
DLSBURSElMrF1'5........... _-0-
TOTAL....._._.._......_.._ S 100.00 $ -0-
FILED
ZBii AUu L4 , . {1 O2
TVr