On March 16, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Terry Cole,
and
Beverly Stevenson,
Shawn Rowser,
for Torts - Other (Nuisance)
in the District Court of Tompkins County.
Preview
FILED: TOMPKINS COUNTY CLERK 09/24/2021 04:34 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 09/24/2021
True, Walsh & Miller
CI2021-16669 Pleading Letterhead Index # : EF2021-0164
STATE OF NEW YORK
SUPREME COURT: COUNTY OF TOMPKINS
TERRY COLE,
Plaintiff, NOTICE OF MOTION
v. Index No: EF2021-0164
RJI No: 2021-0098-M
BEVERLY STEVENSON and
SHAWN ROWSER,
Defendants.
NOTICE: THE PURPOSE OF THIS PROCEEDING IS TO PUNISH YOU FOR CONTEMPT
OF COURT. SUCH PUNISHMENT MAY CONSIST OF A FINE, IMPRISONMENT OR
BOTH ACCORDING TO LAW.
WARNING:
YOUR FAILURE TO APPEAR
IN COURT MAY RESULT IN
YOUR IMMEDIATE ARREST
AND IMPRISONMENT FOR
CONTEMPT OF COURT.
PLEASE TAKE NOTICE, upon the Affirmation of Jessica J. Rapp, Esq. affirmed on
September 24, 2021, the Affidavit of Terry Cole sworn to on September 21, 2021, together with all
supporting papers submitted therewith, and upon all prior papers and proceedings heretofore had
herein, the Plaintiff will move this Court to be held for the Tompkins County Supreme Court, Ithaca,
New York on October 8, 2021, at 9:00 a.m. or as soon thereafter as counsel can be heard for an Order:
1. Adjudging the Defendants in Contempt of Court for their willful failure to comply with the
Order of this Court entered on August 5, 2021, directing Defendants to remove certain obstructions
within thirty days of said Order, and permanently enjoining and restraining the Defendants from,
MILLER MAYER, LLP 1
215 East State Street
Ithaca, New York 14850
(607) 273-4200
1 of 2
FILED: TOMPKINS COUNTY CLERK 09/24/2021 04:34 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 09/24/2021
True, Walsh & Miller
CI2021-16669 Pleading Letterhead Index #: EF2021-0164
among other things, obstructing the driveway located at Tax Parcel 14.-1-1.34 in the town of
Enfield;
2. Directing the immediate arrest and imprisonment of Defendants in the Tompkins County jail
until Defendants purge of said contempt by removing the obstructions;
3. Such other and further relief as this Court may deem just and proper; and it is further
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214, all answering papers
shall be served on the undersigned at least 2 days prior to the return date of this motion, unless this
motion is served at least 16 days prior to the return date thereof, whereupon answering affidavits shall
be served at least 7 days prior to the return date of said motion. Reply or responding affidavits shall
be served at least one day before such time.
Dated: September 24, 2021
________________________________
Jessica J. Rapp, Esq.
Miller Mayer, LLP
Attorneys for Plaintiff
215 East State Street, Suite 200
PO Box 6435
Ithaca, NY 14851-6435
TO: Beverly Stevenson
171 Harvey Hill Road
Ithaca NY 14850
Shawn Rowser
171 Harvey Hill Road
Ithaca NY 14850
MILLER MAYER, LLP 2
215 East State Street
Ithaca, New York 14850
(607) 273-4200
2 of 2
Document Filed Date
September 24, 2021
Case Filing Date
March 16, 2021
Category
Torts - Other (Nuisance)
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FILED: TOMPKINS COUNTY CLERK 09/24/2021 04:34 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 09/24/2021 True, Walsh & Miller CI2021-16669 Pleading Letterhead Index # : EF2021-0164 STATE OF NEW YORK SUPREME COURT: COUNTY OF TOMPKINS TERRY COLE, Plaintiff, NOTICE OF MOTION v. Index No: EF2021-0164 RJI No: 2021-0098-M BEVERLY STEVENSON and SHAWN ROWSER, Defendants. NOTICE: THE PURPOSE OF THIS PROCEEDING IS TO PUNISH YOU FOR CONTEMPT OF COURT. SUCH PUNISHMENT MAY CONSIST OF A FINE, IMPRISONMENT OR BOTH ACCORDING TO LAW. WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT. PLEASE TAKE NOTICE, upon the Affirmation of Jessica J. Rapp, Esq. affirmed on September 24, 2021, the Affidavit of Terry Cole sworn to on September 21, 2021, together with all supporting papers submitted therewith, and upon all prior papers and proceedings heretofore had herein, the Plaintiff will move this Court to be held for the Tompkins County Supreme Court, Ithaca, New York on October 8, 2021, at 9:00 a.m. or as soon thereafter as counsel can be heard for an Order: 1. Adjudging the Defendants in Contempt of Court for their willful failure to comply with the Order of this Court entered on August 5, 2021, directing Defendants to remove certain obstructions within thirty days of said Order, and permanently enjoining and restraining the Defendants from, MILLER MAYER, LLP 1 215 East State Street Ithaca, New York 14850 (607) 273-4200 1 of 2 FILED: TOMPKINS COUNTY CLERK 09/24/2021 04:34 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 09/24/2021 True, Walsh & Miller CI2021-16669 Pleading Letterhead Index #: EF2021-0164 among other things, obstructing the driveway located at Tax Parcel 14.-1-1.34 in the town of Enfield; 2. Directing the immediate arrest and imprisonment of Defendants in the Tompkins County jail until Defendants purge of said contempt by removing the obstructions; 3. Such other and further relief as this Court may deem just and proper; and it is further PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214, all answering papers shall be served on the undersigned at least 2 days prior to the return date of this motion, unless this motion is served at least 16 days prior to the return date thereof, whereupon answering affidavits shall be served at least 7 days prior to the return date of said motion. Reply or responding affidavits shall be served at least one day before such time. Dated: September 24, 2021 ________________________________ Jessica J. Rapp, Esq. Miller Mayer, LLP Attorneys for Plaintiff 215 East State Street, Suite 200 PO Box 6435 Ithaca, NY 14851-6435 TO: Beverly Stevenson 171 Harvey Hill Road Ithaca NY 14850 Shawn Rowser 171 Harvey Hill Road Ithaca NY 14850 MILLER MAYER, LLP 2 215 East State Street Ithaca, New York 14850 (607) 273-4200 2 of 2