2010-10-06 / Legals

Public Notices

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NOTICE OF SALE SUPREME COURT: COUNTY OF NASSAU - HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF NUMURA HOME EQUITY LOAN, INC., HOME EQUITY LOAN TRUST, SERIES 2007-1, Plaintiff, AGAINST SUSAN BONDI, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 5/1/2008, I, the undersigned Referee will sell at public auction at the Calendar Control Part (CCP) Courtroom of the Supreme Court, 100 Supreme Court Drive, Mineola, NY 11501 **on Tuesday at 11:30am**, on 10/19/2010 at 11:30 AM, premises known as 58 THORNE AVENUE, MASSAPEQUA, NY 11758. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of OYSTER BAY, County of Nassau and State of New York, Section, Block and Lot: 52-350-0005. Approximate amount of judgment $442,562.07 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #14371/07. Daniel Scott McLane, Referee, Steven J. Baum PC, Attorneys for Plaintiff, P.O. Box 1291, Buffalo, NY 14240- 1291 Dated: 9/7/2010 4X 10/6/10 #709-POST

NOTICE OF SALE SUPREME COURT: COUNTY OF NASSAU - DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE3, Plaintiff, AGAINST SPENCER J. RODRIGUEZ, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 7/6/2009, I, the undersigned Referee will sell at public auction at the Calendar Control Part (CCP) Courtroom of the Supreme Court, 100 Supreme Court Drive, Mineola, NY 11501, New York, on 10/26/2010 at 11:30 AM, premises known as 7 WEST FORD DRIVE, MASSAPEQUA, NY 11758. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of OYSTER BAY, County of Nassau and State of New York, Section, Block and Lot: Section 53 Block 165 Lot 2. Approximate amount of judgment $419,400.53 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #07- 006190. Paul G. Costello, Referee, SHAPIRO, DICARO BARAK, LLP, Attorney Plaintiff 250 Mile Crossing

Boulevard, Rochester, 14624 Dated: 9/13/2010 4x 10/13/10 #719-POST SUPREME COURT COUNTY OF NASSAU DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN BANKER’S TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED SEPTEMBER 1, 2007, MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE7, Plaintiff against DEBORAH D. WENGER a/k/a DEBORAH WENGER MACELUCH, Defendant(s). Pursuant to a Judgment Foreclosure and Sale on October 28, 2008. I, the undersigned Referee will sell at public auction the Calendar Control Part (CCP) Courtroom of the Supreme Court, 100 Supreme Court Drive, Mineola, N.Y. on the 26th day of October, 2010 at 11:30 a.m. Said premises known as 111 Massachusetts Avenue, Massapequa, N.Y. 11758. Tax account number: SBL # : 52-180-879. Approximate amount of lien $ 697,946.62 plus interest and costs. Premises will be sold subject to provisions of filed judgment and terms of sale. Index No. 002468-08. Anthony J. Cincotta, Esq., Referee. Fein Such & Crane, LLP Attorney(s) for Plaintiff 747 Chestnut Ridge Road Suite 200 Chestnut Ridge, N.Y. 10977 “If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s attorney.” 4x 10/13/10 #721-POST

Notice is hereby given that a license, number Pending for Beer, Wine & Liquor has been applied for by the undersigned to sell same at retail in a Restaurant under the Alcoholic Beverage Control Law at, Cellar 25, Inc., 2135 Jericho Tpke., Garden City park, NY 11040 for on-premise consumption. 2x 10/6/10 #728-POST

PUBLIC HEARING CALENDAR NOTICE OF PUBLIC MEETING BY THE ZONING BOARD OF APPEALS Pursuant to the provisions of Chapter 246, Article III, Section 246-18-E of the Code of the Town of Oyster Bay, notice is hereby given that the Zoning Board of Appeals has scheduled a public meeting, which will take place in the Town Hall Meeting Room, Audrey Avenue, Oyster Bay, New York, on OCTOBER 14, 2010, at 7:00 P. M., to consider the following appeals: BY ORDER OF THE ZONING BOARD OF APPEALS APPEAL NO. 10-34 - AMENDMENT MASSAPEQUA GERIYN JOAN BRAGLIA: Amend Specific Plan as presented for Appeal No. 10-34 and granted by Decision of the Zoning Board of Appeals, dated February 25, 2010, to allow changes to garage (extending ridge height to 17 ft. 1 in. and interior alterations), roofed patio to replace rear deckon grade, bump outs to be added on North and South side of existing bump out. Changes will increase percent of building form that originally granted. E/s/o Roy Ave., 180 ft. S/o Seaview St., a/k/a 30 Roy Ave., Massapequa, NY APPEAL NO. 09-378 - AMENDMENT MASSAPEQUA DONNA M. RISPOLI: Amend Specific Plan as presented for Appeal No. 09-378 and granted by Decision of the Zoning Board of Appeals, dated August 6, 2009, to reflect a change in the scope of the project as originally granted. W/s/o Nearwater Ave., 182.63 ft. S/o South Bay Dr., a/k/a 37 Nearwater Ave., Massapequa, NY APPEAL NO. 04-523 - AMENDMENT N. MASSAPEQUA ANTHONY VICARI, JR. & CATHERINE M. VICARI: (A) Amend Decision of Zoning Board of Appeals, dated December 16, 2004, in order to Amend the Declaration of Restrictive Covenants to indicate a change in ownership while still maintaining a Parent/ Child relationship. (B) Extend the Special Use Permit to maintain an existing second kitchen in a one-family dwelling for use as a Parent/ Child residence. N/s/o Hickory St., 650.07 ft. E/o Lilac Dr., a/k/a 345 Hickory St., N. Massapequa, NY APPEAL NO. 10-229 MASSAPEQUA DR. MARY ELLEN NESNAY: (A) Variance to erect an illuminated marquee on the wall of a business (dentist office) which is not permitted by Ordinance. (B) Variance to erect illuminated wall signs exceeding the maximum number of signs permitted by Ordinance. NE/cor. of N. Richmond Ave. & N. Broadway, a/k/a 800 N. Broadway, Massapequa, NY APPEAL NO. 10-230 MASSAPEQUA ALEX SUNGBAE LEE: Special Permit to maintain an existing second kitchen in a one family dwelling for use as a Parent/Child residence. S/s/o Cedar St., 290 ft. W/o Bay Ave., a/k/a 228 N. Cedar St., Massapequa, NY APPEAL NO. 10-231 MASSAPEQUA FRANK BYRNES: (A) Variance to maintain an existing carport having less side yard setback and aggregate side yards than permitted by Ordinance. (B) Variance to maintain an existing driveway having less side yard setback than permitted by Ordinance. S/s/o N. Iowa Ave., 100 ft. E/o Central Dr., a/k/a 274 N. Iowa Ave., Massapequa, NY APPEAL NO. 10-232 MASSAPEQUA JAMES MOLLICA: (A) Variance to erect an attached garage having less side yard setback, aggregate side yards, and exceeding the maximum percent of building coverage permitted by Ordinance; also encroachment of eaves and gutters. (B) Amend Specific One Story Addition Plan as presented for Appeal No. 08-445 and granted by Decision of the Zoning Board of Appeals, dated October 30, 2008, and replace with plan by Michael Angelone P.E., LLC, dated 3/23/10 (6 sheets). N/s/o Jackson P., 630.16 ft. W/o Forest Ave., a/k/a 43 Jackson Pl., Massapequa, NY APPEAL NO. 10-233 MASSAPEQUA DENNIS & JEANNETTE LEDUC: (A) Variance to maintain and existing portico, one story and second story additions having less average front yard setback than permitted by Ordinance; also encroachment of eaves and gutters. (B) Variance to maintain an existing deck having less side yard setback than permitted by Ordinance. (C) Variance to maintain an existing widened driveway having less side yard setback than permitted by Ordinance. S/s/o Jomar Pl., 188.55 ft. W/o Jomarr Ct., a/k/a 23 Jomarr Pl., Massapequa, NY APPEAL NO. 10-234 N. MASSAPEQA JAMES DiPALMA: Variance to maintain an existing rear detached garage exceeding the maximum height of an accessory structure as permitted by Ordinance. S/s/o Beech St., 275 ft. N/o Bay Ave., a/k/a 212 N. Beech St., N. Massapequa, NY RE-ADVERTISEMENT APPEAL NO. 10-167 MASSAPEQUA CAROLYN M. HESS: Variance to construct a new dwelling having less average front yard setback, exceeding the maximum gross floor area and minimum roof pitch than permitted by Ordinance; also encroachment of eaves and gutters S/s/o Rumson Rd., 100.99 ft. E/o Cedar Shore Dr. , a/k/a 128 Rumson Rd., Massapequa NY SEC. 65 BLK. 128 LOTS 1 – 8 ZONE R1-10 OCTOBER 4, 2010 BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF OYSTER BAY, OYSTER BAY, NEW YORK 1X 10/6/10 #731-POST

Notice is hereby given that a license, number Pending for Beer, Wine & Liquor has been applied for by the undersigned to sell same at retail in a Restaurant under the Alcoholic Beverage Control Law at, SPK Associates Corp., 1483 Broadway, Hewlett, NY 11557 for on-premise consumption. 2x 10/13/10 #733-POST

Notice is hereby given that a license, number Pending for Beer & Wine & Liquor has been applied for by the undersigned to sell same at retail in a Restaurant under the Alcoholic Beverage Control Law at, Periwinkles Catering Corp., 1395 Planting Fields Rd., Oyster Bay, NY 11771 for on-premise consumption. 2x 10/13/10 #734-POST NOTICE OF SALE SUPREME COURT: NASSAU COUNTY. JOHN MAZZUKA, JAX VENTURES LLC, STEVEN PRINCE, LUDIDA PR INC., HOWARD GETZ, DR. ALAN GREENFIELD, SAMUEL MELNICK, ROSEMARY CRUZ, CARLOS RIVERA GONZALES, ROSEANN CAPANEGRO, BENJAMIN KWOK AND STEVEN DAVIS, Pltfs. vs. 201 JERUSALEM AVE, MASSAPEQUA LLC, et al, Defts. Index #08-012738. Pursuant to consent judgment of foreclosure and sale dated Aug. 5, 2010, I will sell at public auction on Tuesday, Nov. 9, 2010 at 11:30 a.m. in the Calendar Control Part (CCP) Courtroom of the Nassau Supreme Court, 100 Supreme Court Dr., Mineola, NY, prem. k/a 201 East Jerusalem Ave., Massapequa, NY a/k/a Section 52, Block 125, Lots 88-90, 93, 94, 95, 97, 98. ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Oyster Bay, at Massapequa, County of Nassau, State of New York, known and designated as and by parts of lots numbered 51 to 53, both inclusive, in Block 14 as shown on a certain map entitled, “Map of Massapequa Center, Jerusalem Avenue Section, situate at Massapequa, N.Y., surveyed May 1927, by Baldwin & Cornelius Co., Inc., C.E., Freeport, N.Y.,” and filed in the Office of the Clerk of the County of Nassau on 6/28/1967, Map No. 636, Case No. 743. ALL that certain plot, piece or parcel of land, situate, lying and being in Massapequa, in the Town of Oyster Bay, County of Nassau and State of New York, known and designated as and part of lots numbered 47 to 50, both inclusive, in block numbered 14 on a certain map entitled, “Map of Massapequa Centre, Jerusalem Ave. Section, situated at Massapequa, N.Y.” surveyed May 1927 by Baldwin & Cornelius Co. Inc., Civil Engineers, Freeport, N.Y., McGoldrick Realty Co. Inc., Developers, 225 West 34 Street, New York, N.Y. and filed in the Officeof the Clerk of the County of Nassau on June 28, 1927 as Map No. 636, Case No. 743. ALL that certain plot, piece or parcel of land, situate, lying and being at Massapequa, County of Nassau and State of New York, known and designated as and by part of Lots No. 54, 55 and 56 in Block 14 only on a certain map designated as Massapequa Centre, Jerusalem Avenue section, situated at Massapequa, New York, surveyed by Baldwin & Cornelius Co., Inc., Civil Engineers, Freeport, New York”, and filed in the Office of the Clerk of the County of Nassau on the 28th day of June, 1927, under File No. 636, Case No. 743. Parcel I: ALL that certain plot, piece or parcel of land, with the buildings thereon erected, situate, lying and being at Massapequa, Town of Oyster Bay, County of Nassau and State of New York, known and designated as and by parts of Lots No. 39 to 46, both inclusive and adjoining part of Lots No. 47 in Block 14 on a certain map entitled “Map of Massapequa Centre, Jerusalem Avenue Section, situated at Massapequa, N.Y., surveyed May 1927 by Baldwin & Cornelius Co., C.E., Freeport, N.Y., McGoldrick Realty Co., Inc., Developers, New York, N.Y.”, and filed in the office of the Clerk of the County of Nassau on June 28, 1927 as Map No. 636, New Map No. 743. Parcel II: ALL that certain plot, piece or parcel of land, situate, lying and being at Massapequa, Town of Oyster Bay, County of Nassau and State of New York, known and designated as and by parts of lots 57 to 61, inclusive, in Block 14, on a certain map entitled “Map of Massapequa Centre, Jerusalem Avenue Section, situate at Massapequa, New York, surveyed May 1927 by Baldwin & Cornelius Co., Inc. C.E., Freeport, New York, McGoldrick Realty Co., Inc. Developers, New York, New York”, and filed in the officeof the Clerk of the County of Nassau on June 28, 1927 as Map No. 636, New Number 743. Approx. amt. of judgment is $6,560,045.59 plus costs and interest. Sold subject to terms and conditions of filed judgment and terms of sale. STEVEN COHN, Referee. JAY L. YACKOW, Atty. for Pltfs., 1400 Old Country Rd., Westbury, NY. #79032 4X 10/27/10 #732-POST

LEGAL NOTICE NOTICE FOR CANDIDATES TO FILE NAMES MASSAPEQUA FIRE DISTRICT TOWN OF OYSTER BAY NASSAU COUNTY, NEW YORK By resolution made and adopted by the Board of Fire Commissioners it is required that candidates for the office of Fire Commissioner shall file their names with the Secretary of the Board of Fire Commissioners at least (20) days prior to the date December 14, 2010 of such election, and that such nomination be submit- ted in petition form. Petitions will be available from the Fire District Secretary from 8:00AM to 4:00PM at the District Building, One Brooklyn Avenue, Massapequa, NY beginning October 18, 2010. Petitions must be subscribed and attested to by not less than twenty-five qualified voters of the said Fire District. To be a qualified voter, a person must be a resident of the Fire District for thirty (30) days next preceding the election, who is a duly registered voter under the permanent personal registration applicable to general elections. Dated : September 27, 2010 Massapequa, NY By order of the Board of Fire Commissioners Massapequa Fire District, Town of Oyster Bay Nassau County Joanne Riggio, Secretary 1x 10/6/10 #735-POST

Notice is hereby given that a license, number Pending for Beer, Wine, Liquor has been applied for by the undersigned to sell same at retail in a Restaurant under the Alcoholic Beverage Control Law at, A Taberna II LLC., 1986 Park Street, Atlantic Beach, NY 11509 for on-premise consumption. 2x 10/13/10 #736-POST

Notice is hereby given that a license, number Pending for Beer and Wine has been applied for by the undersigned to sell same at retail in a Restaurant under the Alcoholic Beverage Control Law at, S & W Food Service Corp., 2933 Long Beach Rd., Oceanside, NY 11572 for on-premise consumption. 2x 10/13/10 #737-POST

LEGAL NOTICE TO THE TAXPAYERS OF THE MASSAPEQUA FIRE DISTRICT: NOTICE IS HEREBY GIVEN that a resolution was duly adopted by the Board of Fire Commissioners of the MASSAPEQUA FIRE DISTRICT, Town of Oyster Bay, County of Nassau, State of New York, on the 27th day of September, 2010, subject to permissive referendum as provided for by the General Municipal law. An extract of the resolution is as follows: THE MASSAPEQUA FIRE DISTRICT SHALL PURCHASE S.C.B.A. Cylinders

AT A COST, INCLUDING COSTS ASSOCIATED WITH SUCH TRANSACTION NOT TO EXCEED FIFTEEN THOUSAND ($15,000.00) DOLLARS WITH FUNDS FROM THE FIRE APPARATUS AND EQUIPMENT CAPITAL RESERVE FUND. This resolution shall not take effect until thirty (30) days, unless in the meanwhile a permissive referendum as provided by the General Municipal Law is required to be held. Dated: September 27, 2010 BOARD OF FIRE COMMISSIONERS MASSAPEQUA FIRE DISTRICT TOWN OF OYSTER BAY ATTEST: Joanne Riggio Secretary 1x 10/6/10 #738-POST

NOTICE OF SALE SUPREME COURT: NASSAU COUNTY Washington Mutual Bank, FA; Plaintiff(s) vs. WAYNE J. VALENTINE; URSULA M. VALENTINE; et al; Defendant(s) Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI & ASSOCIATES, P.C., 2 Summit Court, Suite 301, Fishkill, NY 12524 (845)897-1600 Pursuant to judgment of foreclosure and sale granted herein on or about April 18, 2006, I will sell at Public Auction to the highest bidder at Calendar Control Part (CCP) Courtroom of the Supreme Court, 100 Supreme Court Drive, Mineola, NY 11501. On November 9, 2010 at 11:30 AM Premises known as 374 Seaford Avenue, Massapequa, NY 11758 Section: 57 Block: 172 Lot: 24, 25, & 26 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Massapequa, Town of Oyster Bay, County of Nassau and State of New York, known and designated as and by the Lots Numbered 1562, 1563 and 1564, Block 21 on a certain map entitled, “Queens Land Title Co., Section A, Massapequa, Alvin G. Smith, C.E., 1905” and filed in the Officeof the Clerk of the County of Nassau on January 5, 1906 as Case No. 2031. As more particularly described in the judgment of foreclosure and sale. Sold subject to all of the terms and conditions contained in said judgment and terms of sale. Approximate amount of judgment $89,260.50 plus interest and costs. INDEX NO. 05/016478 Monet Binder, Esq., REFEREE 4x 10/27/10 #739-POST

Notice is hereby given that a license, number Pending for Beer & Wine has been applied for by the undersigned to sell same at retail in a Rest aurant under the Alcoholic Beverage Control Law at, El Pio Peruvian Inc., 63 Glen Street, Glen Cove, NY 11542 for on-premise consumption. 2x 10/13/10 #740-POST

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