On October 29, 2021 a
Letter,Correspondence
was filed
involving a dispute between
City Of Rochester,
Imo To Acquire Real Property,
Rochester City Of,
and
Francis Winterkorn,
for Real Property - Condemnation
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 10/03/2022 02:56 PM INDEX NO. E2021009802
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/03/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3213442
Book Page CIVIL
Return To: No. Pages: 4
City of Rochester - Law Department
30 CHURCH ST RM 400A Instrument: MISCELLANEOUS DOCUMENT
ROCHESTER, NY 14614-1224
Control #: 202210031008
Index #: E2021009802
Date: 10/03/2022
ROCHESTER CITY OF Time: 3:02:54 PM
IMO TO ACQUIRE REAL PROPERTY
Winterkorn, Francis
Total Fees Paid: $0.00
Employee: CW
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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202210031008 Index #
INDEX : E2021009802
NO. E2021009802
FILED: MONROE COUNTY CLERK 10/03/2022 02:56 PM
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/03/2022
Andrew J. Creary
Department of Law Municipal Attorney
City Hall Room 400A, 30 Church Street
Rochester, New York 14614-1295
www.cityofrochester.gov
Francis “Andy” Winterkorn
932-938 W. Main Street
Rochester, NY 14611
Re: City of Rochester v. Francis Winterkorn, Adjournment Notice
Dear Mr. Winterkorn:
Please be advised that the Court has adjourned the above-referenced matter to
November 3, 2022 at 10:00am at the request of the Respondent. For more information,
please see the attached exchange between the undersigned and the Court.
Very Truly Yours,
Andrew J. Creary
Municipal Attorney
Phone: 585.428.6810 Fax: 585.428.6950 TTY: 585.428.6054 EEO/ADA Employer
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E2021009802
FILED: MONROE COUNTY CLERK 10/03/2022 02:56 PM
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/03/2022
Creary, Andrew J.
From: Chery A. Porter
Sent: Friday, September 30, 2022 11:58 AM
To: Edward White; Creary, Andrew J.
Cc: Andy Winterkorn; Gretchen K. Ippolito
Subject: RE: E2021009802 - City of Rochester v. Winterkorn
The matter is now adjourned to 11/3/22 at 10 a.m.
Chery A. Porter
Judicial Chambers of Hon. Sam L. Valleriani
Supreme Court Justice
Tel. No. 585-371-3756
Fax No. 585-371-3948
Email: cporter@nycourts.gov
From: Edward White
Sent: Wednesday, September 28, 2022 2:58 PM
To: Creary, Andrew J.
Cc: Chery A. Porter ; Andy Winterkorn
Subject: RE: E2021009802 ‐ City of Rochester v. Winterkorn
Good afternoon. The court will provide a 30 day adjournment for Mr. Winterkorn to review the matter with
counsel. Since the other interested persons have not opted into efiling, court notice will be insufficient to notify them of
the adjourned date. Please mail (regular) a notice regarding the adjourned date when received by the court. Ms.
Ippolito or Ms. Pritchard will provide a new date. Thank you.
From: Creary, Andrew J.
Sent: Wednesday, September 28, 2022 12:07 PM
To: Edward White
Cc: Chery A. Porter ; Andy Winterkorn
Subject: E2021009802 ‐ City of Rochester v. Winterkorn
Mr. White:
The pro se respondent in this case (cc’d here) is requesting time to retain an attorney, and was under the impression
that he would be able to show up to the courthouse in person on the return date to make that request. I understand
that title to the property will transfer essentially by operation of law at this point, but in the interest of fairness to a pro
se party, I wanted to make sure that the Court is aware of this request so that a decision can be made. If the request is
granted, please let me know whether the City will need to serve all interested parties another time to inform them of
the changed date (and whether service by mail is acceptable), or if the Court will generate a notice that will be sufficient.
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202210031008 IndexNO.
INDEX #: E2021009802
E2021009802
FILED: MONROE COUNTY CLERK 10/03/2022 02:56 PM
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/03/2022
Thank you for your consideration.
Best regards,
Andrew
Andrew Creary
Municipal Attorney
City of Rochester ‐ Law Department
City Hall ‐ Room 400A
30 Church Street
Rochester, New York 14614
p: (585) 428‐6810 / f: (585) 428‐6950
Andrew.Creary@CityofRochester.gov
‐‐ Confidentiality Notice ‐‐ This email message, including all the attachments, is for the sole use of the intended recipient(s) and
contains confidential and privileged information. Unauthorized use or disclosure is strictly prohibited. If you are not the intended
recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the
sender immediately by reply email and destroy all copies of the original message, including attachments.
Please be CAREFUL when clicking links or opening attachments from external senders.
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Document Filed Date
October 03, 2022
Case Filing Date
October 29, 2021
Category
Real Property - Condemnation
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Preview
FILED: MONROE COUNTY CLERK 10/03/2022 02:56 PM INDEX NO. E2021009802 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/03/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3213442 Book Page CIVIL Return To: No. Pages: 4 City of Rochester - Law Department 30 CHURCH ST RM 400A Instrument: MISCELLANEOUS DOCUMENT ROCHESTER, NY 14614-1224 Control #: 202210031008 Index #: E2021009802 Date: 10/03/2022 ROCHESTER CITY OF Time: 3:02:54 PM IMO TO ACQUIRE REAL PROPERTY Winterkorn, Francis Total Fees Paid: $0.00 Employee: CW State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 4 202210031008 Index # INDEX : E2021009802 NO. E2021009802 FILED: MONROE COUNTY CLERK 10/03/2022 02:56 PM NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/03/2022 Andrew J. Creary Department of Law Municipal Attorney City Hall Room 400A, 30 Church Street Rochester, New York 14614-1295 www.cityofrochester.gov Francis “Andy” Winterkorn 932-938 W. Main Street Rochester, NY 14611 Re: City of Rochester v. Francis Winterkorn, Adjournment Notice Dear Mr. Winterkorn: Please be advised that the Court has adjourned the above-referenced matter to November 3, 2022 at 10:00am at the request of the Respondent. For more information, please see the attached exchange between the undersigned and the Court. Very Truly Yours, Andrew J. Creary Municipal Attorney Phone: 585.428.6810 Fax: 585.428.6950 TTY: 585.428.6054 EEO/ADA Employer 2 of 4 202210031008 IndexNO. INDEX #: E2021009802 E2021009802 FILED: MONROE COUNTY CLERK 10/03/2022 02:56 PM NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/03/2022 Creary, Andrew J. From: Chery A. Porter Sent: Friday, September 30, 2022 11:58 AM To: Edward White; Creary, Andrew J. Cc: Andy Winterkorn; Gretchen K. Ippolito Subject: RE: E2021009802 - City of Rochester v. Winterkorn The matter is now adjourned to 11/3/22 at 10 a.m. Chery A. Porter Judicial Chambers of Hon. Sam L. Valleriani Supreme Court Justice Tel. No. 585-371-3756 Fax No. 585-371-3948 Email: cporter@nycourts.gov From: Edward White Sent: Wednesday, September 28, 2022 2:58 PM To: Creary, Andrew J. Cc: Chery A. Porter ; Andy Winterkorn Subject: RE: E2021009802 ‐ City of Rochester v. Winterkorn Good afternoon. The court will provide a 30 day adjournment for Mr. Winterkorn to review the matter with counsel. Since the other interested persons have not opted into efiling, court notice will be insufficient to notify them of the adjourned date. Please mail (regular) a notice regarding the adjourned date when received by the court. Ms. Ippolito or Ms. Pritchard will provide a new date. Thank you. From: Creary, Andrew J. Sent: Wednesday, September 28, 2022 12:07 PM To: Edward White Cc: Chery A. Porter ; Andy Winterkorn Subject: E2021009802 ‐ City of Rochester v. Winterkorn Mr. White: The pro se respondent in this case (cc’d here) is requesting time to retain an attorney, and was under the impression that he would be able to show up to the courthouse in person on the return date to make that request. I understand that title to the property will transfer essentially by operation of law at this point, but in the interest of fairness to a pro se party, I wanted to make sure that the Court is aware of this request so that a decision can be made. If the request is granted, please let me know whether the City will need to serve all interested parties another time to inform them of the changed date (and whether service by mail is acceptable), or if the Court will generate a notice that will be sufficient. 1 3 of 4 202210031008 IndexNO. INDEX #: E2021009802 E2021009802 FILED: MONROE COUNTY CLERK 10/03/2022 02:56 PM NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/03/2022 Thank you for your consideration. Best regards, Andrew Andrew Creary Municipal Attorney City of Rochester ‐ Law Department City Hall ‐ Room 400A 30 Church Street Rochester, New York 14614 p: (585) 428‐6810 / f: (585) 428‐6950 Andrew.Creary@CityofRochester.gov ‐‐ Confidentiality Notice ‐‐ This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential and privileged information. Unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments. Please be CAREFUL when clicking links or opening attachments from external senders. 2 4 of 4