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EXHIBIT A
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SUPREME COURT
STATE OF NEW YORK COUNTY OF JEFFERSON
KENNETH MILLER,
Plaintiff.
AMENDED COMPLAINT
VS. Index No.:
CHARLES PETER HUNKELE, JR., and
DAVID STROTHERS
Defendants.
Plaintiff, complaining of the Defendants, respectfully alleges and shows to the
Court as follows:
1. At all times mentioned herein the Plaintiff, Kenneth Miller, was and still is a resident of
the City of Albuquerque in the State of New Mexico residing at 10505 Snow Heights Blyd, NE,
Albuqücrque, New Mexico 87112.
2. Upon information and belief, the Defendant Charles Peter Hunkele, Jr. was and still is a
resident of the of Kenvil in the State of New Jersey with a residence located at 80 North
City
Dell Ave, Suite 12 in Kevil, New Jersey 07847.
3. Upon information and belief, the Defendant David Strothers was and still is a resident of
Ellicott in the State of Maryland with a residence located at 9804 Middle Meadow Road,
City
Ellicott City, Maryland 21041.
4. The Plaintiff is the owner of certain real estate located in the Town of Hounsfield in the
County of Jefferson.
Roeschlaub to Mervin MiUer
5. Plaintiff's property was initially deeded by Edith R. Abbey
55 1984. A of that deed is annexed
and Barbara Miller on or about the day of November copy
made a part hereof and labeled Exhibit A.
hereto,
Pappas, Cox, Kimp'el, Dodd & Levine, P.C
Syracuse. New York
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. wom umuata 1vu ner ana Mervin H. Miller passed away.
18th
7. On or about the day of February 2014, Kenneth Miller, as the Administrator of the
Estate of Mervin H. Miller, deeded said property to the Plaintiff, Kenneth M.iller. A copy of said
deed is annexed hereto, made a part hereof and labeled Exhibit B.
8. The Plaintiff is the owner of the real property located off Storrs Road set forth in Exhibits
A and B.
9. In addition, said deeds granted and conveyed to the owner of Plaintiff's property,
easements providing for the use of a recreational area, the right to install a pump and access to
the lake.
10. Annexed hereto and made a part hereof and labeled Exhibit C is a copy of the map for
the area in question.
11. The Plaintiff and Plaintiff's predecessors used the easements for recreational and access
purposes for thirty years since the easements were granted.
12. There are two properties which are subject to the easements. Those properties are owned
by the Defendants.
13. One property was owned by Edith R. Abbey Roeschlaub.
14. That property was then placedIn the Edith R. Abbey Roeschlaub Trust and was deeded
2002
on or about the day of August 2009 by Charles Roeschlmb as Successor Trustee of the Edith
R. Abbey Roeschlaub Trust to the Defendant Charles Peter Hunkele, Jr. A copy of that deed is
annexed hereto, made a part hereof and labeled Exhibit D.
15. Said deed provides that it is subject to the rights of ingress and egress across the parcel as
mentioned in the deeds to Harvey and Miller and is also subject to any restrictions and easements
of record.
Pappas, Cox, Kimpel. Dodd & Levine, P.C.
Syracuse. New York
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nu nmguous nig parcei wnich is subject to the easement was owned by Michele
A. Harvey and Bemard Harvey who transferred the to Bernard L. and
property Harvey Mary
Jane Harvey by deed dated March 13, 2002.
17. Thereafter, Mary Jane Harvey and Bernard Harvey transferred the to the
property
Defendant David Strothers by means of deed dated June 11, 2015. A copy of deed is annexed
hereto, made a part hereof and labeled Exhibit E.
18. Said deed also provided that it was subject to any easements, rights of ways, covenants
and restrictions of record.
19. The Plaintiff and Plaintiff predecessors were granted easements allowing for the use of
the Defendant's property for the water line and pump, a recreational area and a 10 foot access
area. Those easements were used over a period of about 30 years.
20. The two properties, which are subject to the easements, were recently transferred to the
Defendants who have refused to honor the easements.
21. The Defendants have moved their docks and stairs in order to prevent Plaintiff's use of
the easements, access to use of the recreational area and have refused to allow access to the 10
foot right of way to the lake.
22 As a result, Plaintiff has not been able to use the easements.
23. The Defendants have unjustly claimed that the Plaintiff has no easements or interest in
the real estate.
24. Plaintiff is entitled to a Declaratory Judgment against the Defendants stating that the
Defendants'
Plaintiff has easements on the properties for the water line and pump, a recreational
area and a 10 foot right of way and that the Defendants are ordered to allow the lawful, peaceful
and uninterrupted use of said easements by the Plaintiff and Plaintiff's successors.
Pappas, Cox, Kimpet, Dodd & Levine, P.C.
Syracuse, New York
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..
. .,-..-- - uc1cnuams are unknown and none are infants, or incompetent to manage
themselves or their affairs.
26. Any judgment granted herein will not affect any person or persons not in being or
ascertained at the commencement of this action, who by any contingency contained in a devise
or grant or otherwise could afterward become entitled to a beneficial estate or interest in the
aforesaid mentioned premises, and that every person in being who would have been entitled to
such an estate or interest, if such event had happened immediately before the commencement of
this action is named a party hereto.
27. No personal claim is made against the Defendants herein, unless said Defendants assert a
claim adverse to the claim of the Plaintiff as set forth in this complaint.
Defendants'
28. The claims are adverse to that of the Plaintiff and Plaintiff is entitled to
Declaratory Judgment as requested above.
AS AND FOR A SECOND CAUSE OF ACTION
Plaintiff repeats each allegation previously made and further alleges and shows the Court
as follows:
Plaintiffs'
29. As set forth above, the Plaintiff and Predecessors were deeded a 10 foot
easement fronï their prój5érty to the water. The shoreline at that location is rocky and has been
used continuously with a set of stairs and a dock in connection with the easement.
30. The Defendants have moved the stairs and docks such that the shoreline and water is no
longer accessible from the easement.
31. Stairs and a dock are necessary in order to continue the use of the easement.
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Syracuse, New York
Page 5 of 7
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right of way going down to the
.-,-- -anaaion to construct stairs on the
g
Plaintiff's request and have been denying the
and a dock. Both Defendants have refused
water
Plaintiff the use of the easement.
33. None of the Defendants are unknown and none are infants, or incompetent to manage
themselves or their affairs.
34. Any judgment granted herein will not affect any person or persons not in being or
ascertained at the commencement of this action, who by any contingency contained in a devise
or grant or otherwise could afterward become entitled to a beneficial estate or interest in the
aforesaid mentioned premises, and that every person in being who would have been entitled to
such an estate or interest, if such event had happened immediately before the commencement of
this action is named a party hereto.
35. No personal claim is made against the Defendants herein, unless said Defendants assert a
claim adverse to the claim of the Plaintiff as set forth in this complaint.
Defendants'
36. The claims are adverse to that of the Plaintiff and Plaintiff is entitled to
Declaratory Judgment in that Plaintiff may construct stairs and a dock in connection with the use
of the right of way and/or any injunction preventing the Defendants from interfering with the use
of the easeinent.
WHEREFORE, the Plaintiff demands Judgment:
1. Against the Defendants declaring that the Plaintiff and all persons claiming through the
Plaintiff have easements against the property of the Defendants which provide for the water line
and pump, a recreational area and a 10 foot right of way;
Pappas, Cox, Kimpel. Dodd & Levine, P.C.
Syracuse, New York
Page 6 of 7
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2. The Plaintiff also requests further Judgment against the Defendants claiming the Plaintiff
is entitled to construct stairs and a dock in connection with the 10 foot right of way easement
and/or any injunction preventing the Defendants from with the use of the easement.
interfering
3. That the Defendants are barred from taking any actions whichwould interfere with
Plaintiff s use of the easements as declared by the court, togethep Óe costs and
disbursements and t such other and further relief as the o ay de just and proper.
Date: November  2018
THOMA'
I GlVAS, ESQ.
PAP S, COX, KIMPEL ODD & LEVINE, P.C.
Att rne for Plaintiff
614 James Street /
Syracuse, New York 13203
Tel: (315) 472-4481
Fax: (315) 472-2289
Email: trivas@ pappascoxlaw.com
VERIFICATION
STATEOF4GW-YORK )
hd i RO ) SS:
COUNTY OFJEFF-ERSON )
KENNETH MILLER, being duly swom, deposes and says that Deponent is the Plaintiff in
the within action; that Deponent has read the foregoing Amended Summons and Complaint and
knows the contents thereot that the same is tme to Deponent's own kñ0wicdge, except as to the
matter therein stated to be alleged on information and belief, and that as to those matters Deponent
believes it to be true; the basis of Plaintiff s knowled 's b is e owner of the real property in
connection with this action.
TH
Sworn before me this P
day ec , 2018,
O F Fl CIAL SEAL
Alyssa Ortiz
NOTARY PUBLIC
N lic STATE OF NEW MEXICO
My Commission Expires: A 70f7 0
Pappas, Cox, Kimpet, Dodd & Levine, P.C.
Syracuse, New York
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19831
oda the 5th day of November Meataen dundred ond
Eighty-Four
EDITHR. ABBEYROCSCHLAUS, residing at 121 Revere Street
NJ,, Port Charlotte, Florida 33932,
party of the fires port,and
an MERVINNZLLERsad BARBARA HILLER, his wife, of 248 Ashdale Avenue,
Syracuse, New York, as tonents by the entirety,
port Lee of the secondpart,
itnØtt ,that the part y of the )tret part. in consideration of
ona-----------------w----------------------------------conar
(; LOO )1awful money of she United 8tates, and other good and
valuable consideration patabythe part tes of the secondpart,
does hereby trant and retcasqunto ths pa.rtite of the second part,
theit' heirs and aestas forever, aff THATPZECEOR PARCELOF LAND
situate in the Town of Houno ield, County of Jefferson and State of New
York and bounded and described as follows:
Beginnin at an iron pipe set on this survey (1984) at the southwesterly
corner o a parcel of land conveyed by C1s14 N, Robertson to Genevieve N
Shep.ard Dixon, October 24, 1967 and recorded in the Jefferson County
C1cr 's dffice in Liber 638.of Deeds on Page 399, said iron pipe 413o
being at the southeaüterl corner of a parcel of lend conveyed by Ambros
J. Rupperc to Edith R. Ab cy, June 22, 1974 and recorded in asid Clerk's
Offico in Liber 856 of Deeds on Page 344 and said tron ipe also bein;;
·on the northerly boundary of a 23-foot private road rig .t of.way to.Scor a.. . . ...... . . .. -.
Harbor Road'end said yipa béLng'ridrtherly 12fTeet from che. centerline of
a aval 28' road; thence alon the northerly boundary of said right of way,
N 8' 00Na distance o 3,11 feet. to an existing iron pipe: thence
concitiuing on the same bearing along said northerly road boundary a dis-
cance of 57.G0 feet to an iron pipe rec on the easterly edge of a ravel
acciess drin, said pipe being northerly 16.5+ feet from the center ine
of said gravel road co Storra Narbor Road; clience along the eascely edge
of said gravel drive and being through the lands of said Abbey previousl '
mentioned and also being through another parcel of land conveyed co Edit
R, and Emerson Abbey, August 19, 1957, by Natchew H. Knsop and 04' recorded
44' 14" !
in said alerk's Office in Liber 655 of Deads on Page .597, 88"N 50' LS" E a
a distiance of 100.03 feet to an iron piFe set: thence S
distance of 10,02 feet co an iron pipe set at the southwesterly corner
of a 0.159 acre parcel which in proposed to be conveyed by said Abbey,
said iron pipe also being about on the westerly line of a third parcel
of land conveyed to said Edith R. and EmersonAbbey by Matthew H. Knapp.
April 26,,1958 and recorded in said Clerk's office in Liber 661 of Deada
on Page 216: thence continuing on the same bearing through said lands of
Abbey a dietance of 65.00 feet to an iron pipe set on the easterl line
of amid Abbey and the vesterly line of a percel of land conveyed y
Matther H. Knapp to Genevieve M. Sheppard, Hay 22, 1957 and recorded in
said Clerk's Office in Liber 682 of peeds on Page 229: thence along the
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line of said parcel and the first mentioned Dixon parcel, (L 838 - F 39-)
03* 46'
and the
37" W easterly line of said first mentioned Abbey parcel, S
a distance of 100.00 feet to the point of beginning, being 0.155
acre of land more or less.
It is intended to convey by the above description a portion of the land
now owned by cdith R. Abbey and conveyed to her, or to her and her hus-
band (now deceased) by the three conveyances previously mentioned above
Excepting and reserving any utility casements of record.
= A1.50, grancing and conveying co the grantees the use of, alon with
F others, of a parcel of land along Lake ontario, said lend to e used fo
docking boaca, fishing, swinning and as a picnic area, and also grantin
and conveying the right to install a water pu=p and lina from che lake
to the above described 0.155 acro percel, said.water facilities to.be
maintained by the grantees, The use of'said premiëes are aubject .ca th
·sale-of--the o,vmeby the grancoc. Said premises are bounded and describ d
as follows: Beginning at an iron pipe set on the line between said Abb y
(L 661 - P 216) and Sneppard (L 682 - F 229) previously mencicoed above
said iron pipe being at the northeasterly corner of said 0.139 acre
parcel proposed to48'be57"
conveyed and previously mentioned and said iron
pips being N 02' E a distance of 112.60 feet from the north-
easterly corner of the above described 0.155 acre parcel being conveyed
heroing thence from said point of beginning along the northerly line.
22'
of said 0.159 acre parcel, 5.81* 2D"Wedistance of 66,49 feet to an .
iron pipe set at the northwestorly corner of said 0.159 acre parcel;
thenœ continuing 03*on48' same bearing a distance of 73,09 feec to s
the 57"
point; thence N E a distance of 30.61 feet to an existing
iron pipe at the top of the bank; thence continuing on the same bearing
s distance of 25+ feet to the shoreline of Black River Bay in Lake
Ontario; thence easterly alon said shoreline as it winds and turns a
distance of 146± feet to a po nt at the northeasterly corner of said
Abbey. and che northecaterly corner of said Sheopard; thence alons said
48' 57" W a distance of
line, 5 03* 40± feet .to an existing iron. aipe16"
on maid line at the top of the.bank, said iron pion being N 8l' 22'
E a distance of 139.58 feet from the previously centioned iron pion at
the top of the bank; thence continuing on the same bearin along cha
line between.said Abbey and Sheppard a diarance of 30,61 set to the
point of beginning-
The rantees herein accept.this property aubject to the following
cond cions, all of which the grantees herein accept and agree to:
4 While adhering co all rules and regulations posted in said
area, special permission is needed fr.
"' °
y'dd?1 Adider
Edith R. Abbey Roe thlaub
4
Obrbara Miller
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-•F
On cMe day of 85t'M .Vinstren Hundred and
Eighty-Four beforu me, tAs subscriber,personally appoored
EDITHR. ABSEYROESC)tLAUB
!
to me personally known and kaquento me to be the eame person describe,i
in and..who executedthe witMs instruwnt, and she duly
{& to me that she e.ssoutedthe rome
Notary Public
sa.wreauc.sme6etwoALoree
ufceovreust enawas.1sco
STATEOF NEWYORK )
; COUNTYDF offotOAGA ) SS:
On this day of do , Hincreen Hundred and Eighty-F6ve,
before me, the subscriber, personally appcored MERVINMILLER and
BAABARA HILI.ER, to me personally known and known co me to be the same
- persons described in and who executed the vithin Instrument, and they
duly .severally scknowledged to me that they exec ed the same.
ry Êc
. . . . ..-.
as tr tI 4 u o o
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THIS INDENTURE, made the / day of , 20_14
SETWEEN KENNETH MILLER, of 1711 State Road 314, Albuquerque, New Mexico,
87015, as Administrator of the Estate of Mervin H. Miller, late of the Town of
28*
Hounsfield, New York, who died intestate on the day of two thousand
twelve, party of the first part,
and KENNETH MILLER, of 1711 State Road 314, Albuquerque, New Mexico,
87015
: a a. of par'
ins second
WITNESSETH, That whereas letters of administration were issued to the party of the first
part, by the Surrogate's Court, County of Jefferson, New York, on May 31, 2012, and by virtue
of the power and authority given in and by Article 11 of the Estates, Powers and Trusts Law,
or any amendment thereof from time to time made, and in consideration of One and 00/100
Dollars ($1.00), lawful mor ey of the United States, paid by the party of the second part, the
receipt whereof is hereby acknowledged, does hereby grant and release unto the party of the
second part, the distributees or successors and assigns of the party of the second part
forever,
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hounsfield, County of
Jefferson and State of New York, and being more particularly described as set forth in
"A"
Schedule attached hereto and made a part hereof.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any
streets and roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances, and also the estate which the said decedent had at the
t:me of death. in said premises, and also the estate therein. which the party of the first part
has cr has powerto convey or dispose of, whether individually, or by virtue of said estate or
statute or oth,erwise.
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the
distributees or successors and assigns of the party of the second part forever.
Subject to the trust fund provisions of section thirteen of the Lien Law.
AND the party of the first part covenants that the party of the first part has not done or
suffered anything whereby the said premises have been encumbered in any way whatever.
Whenever the text hereof requires,
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FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 EXHIBIT A FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 SUPREME COURT STATE OF NEW YORK COUNTY OF JEFFERSON KENNETH MILLER, Plaintiff. AMENDED COMPLAINT VS. Index No.: CHARLES PETER HUNKELE, JR., and DAVID STROTHERS Defendants. Plaintiff, complaining of the Defendants, respectfully alleges and shows to the Court as follows: 1. At all times mentioned herein the Plaintiff, Kenneth Miller, was and still is a resident of the City of Albuquerque in the State of New Mexico residing at 10505 Snow Heights Blyd, NE, Albuqücrque, New Mexico 87112. 2. Upon information and belief, the Defendant Charles Peter Hunkele, Jr. was and still is a resident of the of Kenvil in the State of New Jersey with a residence located at 80 North City Dell Ave, Suite 12 in Kevil, New Jersey 07847. 3. Upon information and belief, the Defendant David Strothers was and still is a resident of Ellicott in the State of Maryland with a residence located at 9804 Middle Meadow Road, City Ellicott City, Maryland 21041. 4. The Plaintiff is the owner of certain real estate located in the Town of Hounsfield in the County of Jefferson. Roeschlaub to Mervin MiUer 5. Plaintiff's property was initially deeded by Edith R. Abbey 55 1984. A of that deed is annexed and Barbara Miller on or about the day of November copy made a part hereof and labeled Exhibit A. hereto, Pappas, Cox, Kimp'el, Dodd & Levine, P.C Syracuse. New York Page 2 of 7 FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 . wom umuata 1vu ner ana Mervin H. Miller passed away. 18th 7. On or about the day of February 2014, Kenneth Miller, as the Administrator of the Estate of Mervin H. Miller, deeded said property to the Plaintiff, Kenneth M.iller. A copy of said deed is annexed hereto, made a part hereof and labeled Exhibit B. 8. The Plaintiff is the owner of the real property located off Storrs Road set forth in Exhibits A and B. 9. In addition, said deeds granted and conveyed to the owner of Plaintiff's property, easements providing for the use of a recreational area, the right to install a pump and access to the lake. 10. Annexed hereto and made a part hereof and labeled Exhibit C is a copy of the map for the area in question. 11. The Plaintiff and Plaintiff's predecessors used the easements for recreational and access purposes for thirty years since the easements were granted. 12. There are two properties which are subject to the easements. Those properties are owned by the Defendants. 13. One property was owned by Edith R. Abbey Roeschlaub. 14. That property was then placedIn the Edith R. Abbey Roeschlaub Trust and was deeded 2002 on or about the day of August 2009 by Charles Roeschlmb as Successor Trustee of the Edith R. Abbey Roeschlaub Trust to the Defendant Charles Peter Hunkele, Jr. A copy of that deed is annexed hereto, made a part hereof and labeled Exhibit D. 15. Said deed provides that it is subject to the rights of ingress and egress across the parcel as mentioned in the deeds to Harvey and Miller and is also subject to any restrictions and easements of record. Pappas, Cox, Kimpel. Dodd & Levine, P.C. Syracuse. New York Page 3 of 7 FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 nu nmguous nig parcei wnich is subject to the easement was owned by Michele A. Harvey and Bemard Harvey who transferred the to Bernard L. and property Harvey Mary Jane Harvey by deed dated March 13, 2002. 17. Thereafter, Mary Jane Harvey and Bernard Harvey transferred the to the property Defendant David Strothers by means of deed dated June 11, 2015. A copy of deed is annexed hereto, made a part hereof and labeled Exhibit E. 18. Said deed also provided that it was subject to any easements, rights of ways, covenants and restrictions of record. 19. The Plaintiff and Plaintiff predecessors were granted easements allowing for the use of the Defendant's property for the water line and pump, a recreational area and a 10 foot access area. Those easements were used over a period of about 30 years. 20. The two properties, which are subject to the easements, were recently transferred to the Defendants who have refused to honor the easements. 21. The Defendants have moved their docks and stairs in order to prevent Plaintiff's use of the easements, access to use of the recreational area and have refused to allow access to the 10 foot right of way to the lake. 22 As a result, Plaintiff has not been able to use the easements. 23. The Defendants have unjustly claimed that the Plaintiff has no easements or interest in the real estate. 24. Plaintiff is entitled to a Declaratory Judgment against the Defendants stating that the Defendants' Plaintiff has easements on the properties for the water line and pump, a recreational area and a 10 foot right of way and that the Defendants are ordered to allow the lawful, peaceful and uninterrupted use of said easements by the Plaintiff and Plaintiff's successors. Pappas, Cox, Kimpet, Dodd & Levine, P.C. Syracuse, New York Page 4 of 7 FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 .. . .,-..-- - uc1cnuams are unknown and none are infants, or incompetent to manage themselves or their affairs. 26. Any judgment granted herein will not affect any person or persons not in being or ascertained at the commencement of this action, who by any contingency contained in a devise or grant or otherwise could afterward become entitled to a beneficial estate or interest in the aforesaid mentioned premises, and that every person in being who would have been entitled to such an estate or interest, if such event had happened immediately before the commencement of this action is named a party hereto. 27. No personal claim is made against the Defendants herein, unless said Defendants assert a claim adverse to the claim of the Plaintiff as set forth in this complaint. Defendants' 28. The claims are adverse to that of the Plaintiff and Plaintiff is entitled to Declaratory Judgment as requested above. AS AND FOR A SECOND CAUSE OF ACTION Plaintiff repeats each allegation previously made and further alleges and shows the Court as follows: Plaintiffs' 29. As set forth above, the Plaintiff and Predecessors were deeded a 10 foot easement fronï their prój5érty to the water. The shoreline at that location is rocky and has been used continuously with a set of stairs and a dock in connection with the easement. 30. The Defendants have moved the stairs and docks such that the shoreline and water is no longer accessible from the easement. 31. Stairs and a dock are necessary in order to continue the use of the easement. Pappas, Cox, Kimpel, Dodd & Levine, P.C. Syracuse, New York Page 5 of 7 FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 right of way going down to the .-,-- -anaaion to construct stairs on the g Plaintiff's request and have been denying the and a dock. Both Defendants have refused water Plaintiff the use of the easement. 33. None of the Defendants are unknown and none are infants, or incompetent to manage themselves or their affairs. 34. Any judgment granted herein will not affect any person or persons not in being or ascertained at the commencement of this action, who by any contingency contained in a devise or grant or otherwise could afterward become entitled to a beneficial estate or interest in the aforesaid mentioned premises, and that every person in being who would have been entitled to such an estate or interest, if such event had happened immediately before the commencement of this action is named a party hereto. 35. No personal claim is made against the Defendants herein, unless said Defendants assert a claim adverse to the claim of the Plaintiff as set forth in this complaint. Defendants' 36. The claims are adverse to that of the Plaintiff and Plaintiff is entitled to Declaratory Judgment in that Plaintiff may construct stairs and a dock in connection with the use of the right of way and/or any injunction preventing the Defendants from interfering with the use of the easeinent. WHEREFORE, the Plaintiff demands Judgment: 1. Against the Defendants declaring that the Plaintiff and all persons claiming through the Plaintiff have easements against the property of the Defendants which provide for the water line and pump, a recreational area and a 10 foot right of way; Pappas, Cox, Kimpel. Dodd & Levine, P.C. Syracuse, New York Page 6 of 7 FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 2. The Plaintiff also requests further Judgment against the Defendants claiming the Plaintiff is entitled to construct stairs and a dock in connection with the 10 foot right of way easement and/or any injunction preventing the Defendants from with the use of the easement. interfering 3. That the Defendants are barred from taking any actions whichwould interfere with Plaintiff s use of the easements as declared by the court, togethep Óe costs and disbursements and t such other and further relief as the o ay de just and proper. Date: November  2018 THOMA' I GlVAS, ESQ. PAP S, COX, KIMPEL ODD & LEVINE, P.C. Att rne for Plaintiff 614 James Street / Syracuse, New York 13203 Tel: (315) 472-4481 Fax: (315) 472-2289 Email: trivas@ pappascoxlaw.com VERIFICATION STATEOF4GW-YORK ) hd i RO ) SS: COUNTY OFJEFF-ERSON ) KENNETH MILLER, being duly swom, deposes and says that Deponent is the Plaintiff in the within action; that Deponent has read the foregoing Amended Summons and Complaint and knows the contents thereot that the same is tme to Deponent's own kñ0wicdge, except as to the matter therein stated to be alleged on information and belief, and that as to those matters Deponent believes it to be true; the basis of Plaintiff s knowled 's b is e owner of the real property in connection with this action. TH Sworn before me this P day ec , 2018, O F Fl CIAL SEAL Alyssa Ortiz NOTARY PUBLIC N lic STATE OF NEW MEXICO My Commission Expires: A 70f7 0 Pappas, Cox, Kimpet, Dodd & Levine, P.C. Syracuse, New York Page 7 of 7 FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 100%Hecycled 30%PCW 19831 oda the 5th day of November Meataen dundred ond Eighty-Four EDITHR. ABBEYROCSCHLAUS, residing at 121 Revere Street NJ,, Port Charlotte, Florida 33932, party of the fires port,and an MERVINNZLLERsad BARBARA HILLER, his wife, of 248 Ashdale Avenue, Syracuse, New York, as tonents by the entirety, port Lee of the secondpart, itnØtt ,that the part y of the )tret part. in consideration of ona-----------------w----------------------------------conar (; LOO )1awful money of she United 8tates, and other good and valuable consideration patabythe part tes of the secondpart, does hereby trant and retcasqunto ths pa.rtite of the second part, theit' heirs and aestas forever, aff THATPZECEOR PARCELOF LAND situate in the Town of Houno ield, County of Jefferson and State of New York and bounded and described as follows: Beginnin at an iron pipe set on this survey (1984) at the southwesterly corner o a parcel of land conveyed by C1s14 N, Robertson to Genevieve N Shep.ard Dixon, October 24, 1967 and recorded in the Jefferson County C1cr 's dffice in Liber 638.of Deeds on Page 399, said iron pipe 413o being at the southeaüterl corner of a parcel of lend conveyed by Ambros J. Rupperc to Edith R. Ab cy, June 22, 1974 and recorded in asid Clerk's Offico in Liber 856 of Deeds on Page 344 and said tron ipe also bein;; ·on the northerly boundary of a 23-foot private road rig .t of.way to.Scor a.. . . ...... . . .. -. Harbor Road'end said yipa béLng'ridrtherly 12fTeet from che. centerline of a aval 28' road; thence alon the northerly boundary of said right of way, N 8' 00Na distance o 3,11 feet. to an existing iron pipe: thence concitiuing on the same bearing along said northerly road boundary a dis- cance of 57.G0 feet to an iron pipe rec on the easterly edge of a ravel acciess drin, said pipe being northerly 16.5+ feet from the center ine of said gravel road co Storra Narbor Road; clience along the eascely edge of said gravel drive and being through the lands of said Abbey previousl ' mentioned and also being through another parcel of land conveyed co Edit R, and Emerson Abbey, August 19, 1957, by Natchew H. Knsop and 04' recorded 44' 14" ! in said alerk's Office in Liber 655 of Deads on Page .597, 88"N 50' LS" E a a distiance of 100.03 feet to an iron piFe set: thence S distance of 10,02 feet co an iron pipe set at the southwesterly corner of a 0.159 acre parcel which in proposed to be conveyed by said Abbey, said iron pipe also being about on the westerly line of a third parcel of land conveyed to said Edith R. and EmersonAbbey by Matthew H. Knapp. April 26,,1958 and recorded in said Clerk's office in Liber 661 of Deada on Page 216: thence continuing on the same bearing through said lands of Abbey a dietance of 65.00 feet to an iron pipe set on the easterl line of amid Abbey and the vesterly line of a percel of land conveyed y Matther H. Knapp to Genevieve M. Sheppard, Hay 22, 1957 and recorded in said Clerk's Office in Liber 682 of peeds on Page 229: thence along the FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 line of said parcel and the first mentioned Dixon parcel, (L 838 - F 39-) 03* 46' and the 37" W easterly line of said first mentioned Abbey parcel, S a distance of 100.00 feet to the point of beginning, being 0.155 acre of land more or less. It is intended to convey by the above description a portion of the land now owned by cdith R. Abbey and conveyed to her, or to her and her hus- band (now deceased) by the three conveyances previously mentioned above Excepting and reserving any utility casements of record. = A1.50, grancing and conveying co the grantees the use of, alon with F others, of a parcel of land along Lake ontario, said lend to e used fo docking boaca, fishing, swinning and as a picnic area, and also grantin and conveying the right to install a water pu=p and lina from che lake to the above described 0.155 acro percel, said.water facilities to.be maintained by the grantees, The use of'said premiëes are aubject .ca th ·sale-of--the o,vmeby the grancoc. Said premises are bounded and describ d as follows: Beginning at an iron pipe set on the line between said Abb y (L 661 - P 216) and Sneppard (L 682 - F 229) previously mencicoed above said iron pipe being at the northeasterly corner of said 0.139 acre parcel proposed to48'be57" conveyed and previously mentioned and said iron pips being N 02' E a distance of 112.60 feet from the north- easterly corner of the above described 0.155 acre parcel being conveyed heroing thence from said point of beginning along the northerly line. 22' of said 0.159 acre parcel, 5.81* 2D"Wedistance of 66,49 feet to an . iron pipe set at the northwestorly corner of said 0.159 acre parcel; thenœ continuing 03*on48' same bearing a distance of 73,09 feec to s the 57" point; thence N E a distance of 30.61 feet to an existing iron pipe at the top of the bank; thence continuing on the same bearing s distance of 25+ feet to the shoreline of Black River Bay in Lake Ontario; thence easterly alon said shoreline as it winds and turns a distance of 146± feet to a po nt at the northeasterly corner of said Abbey. and che northecaterly corner of said Sheopard; thence alons said 48' 57" W a distance of line, 5 03* 40± feet .to an existing iron. aipe16" on maid line at the top of the.bank, said iron pion being N 8l' 22' E a distance of 139.58 feet from the previously centioned iron pion at the top of the bank; thence continuing on the same bearin along cha line between.said Abbey and Sheppard a diarance of 30,61 set to the point of beginning- The rantees herein accept.this property aubject to the following cond cions, all of which the grantees herein accept and agree to: 4 While adhering co all rules and regulations posted in said area, special permission is needed fr. "' ° y'dd?1 Adider Edith R. Abbey Roe thlaub 4 Obrbara Miller FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 -•F On cMe day of 85t'M .Vinstren Hundred and Eighty-Four beforu me, tAs subscriber,personally appoored EDITHR. ABSEYROESC)tLAUB ! to me personally known and kaquento me to be the eame person describe,i in and..who executedthe witMs instruwnt, and she duly {& to me that she e.ssoutedthe rome Notary Public sa.wreauc.sme6etwoALoree ufceovreust enawas.1sco STATEOF NEWYORK ) ; COUNTYDF offotOAGA ) SS: On this day of do , Hincreen Hundred and Eighty-F6ve, before me, the subscriber, personally appcored MERVINMILLER and BAABARA HILI.ER, to me personally known and known co me to be the same - persons described in and who executed the vithin Instrument, and they duly .severally scknowledged to me that they exec ed the same. ry Êc . . . . ..-. as tr tI 4 u o o FILED: JEFFERSON COUNTY CLERK 07/18/2019 01:02 PM INDEX NO. EF2018-00001369 ..... NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/18/2019 100%fiecycled 30%PCW THIS INDENTURE, made the / day of , 20_14 SETWEEN KENNETH MILLER, of 1711 State Road 314, Albuquerque, New Mexico, 87015, as Administrator of the Estate of Mervin H. Miller, late of the Town of 28* Hounsfield, New York, who died intestate on the day of two thousand twelve, party of the first part, and KENNETH MILLER, of 1711 State Road 314, Albuquerque, New Mexico, 87015 : a a. of par' ins second WITNESSETH, That whereas letters of administration were issued to the party of the first part, by the Surrogate's Court, County of Jefferson, New York, on May 31, 2012, and by virtue of the power and authority given in and by Article 11 of the Estates, Powers and Trusts Law, or any amendment thereof from time to time made, and in consideration of One and 00/100 Dollars ($1.00), lawful mor ey of the United States, paid by the party of the second part, the receipt whereof is hereby acknowledged, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hounsfield, County of Jefferson and State of New York, and being more particularly described as set forth in "A" Schedule attached hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances, and also the estate which the said decedent had at the t:me of death. in said premises, and also the estate therein. which the party of the first part has cr has powerto convey or dispose of, whether individually, or by virtue of said estate or statute or oth,erwise. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. Subject to the trust fund provisions of section thirteen of the Lien Law. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever. Whenever the text hereof requires,