On June 07, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Kenneth Miller,
and
David Strothers,
Eric Bevard,
Gretchen Bevard,
for Real Property - Other (Declaratory Judgment/Ease)
in the District Court of Jefferson County.
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FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/25/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF JEFFERSON
KENNETH MILLER,
NOTICE OF MOTION
Plaintiff,
Index No. EF2018-00001369
v. RJI No.
CHARLES PETER HUNKELE, JR., and Assigned Justice:
DAVID STROTHERS,
Hon. James P. McClusky, J.S.C.
Defendants.
Motion by: Defendant David Strothers
Date, Time and Place of Motion: August 22, 2019 at 9:30 a.m. in the forenoon at the
Supreme Court of the County of Jefferson, Dulles
10*
State Office Building, Floor, 317 Washington
Street, Watertown, New York 13601.
Object of Motion: An Order and Judgment pursuant to CPLR 3212:
a) Dismissing each cause of action of the Amended
Complaint; and
b) Directing the cancellation of a Notice of Pendency
against Defendant's property filed with the Jefferson
County Clerk on June 3, 2019; and
c) Granting such other and further relief as the Court
deems just and proper.
Supporting Papers: a) Affirmation of Robert J. Slye, Esq. dated July 25,
2019, with exhibits; and
b) All prior pleadings and proceedings.
Responding Papers: Demand is hereby made that responsive papers be
served at least seven (7) days prior to the return date
pursuant to CPLR 2214(b). Defendants further
specifically demand that any cross-motion in this
matter be made at least seven (7) days before the
1 of 2
FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/25/2019
return date. If service of cross-motion is by mail,
such cross-motion must be served at least ten (10)
days before the return date.
Dated: July 25, 2019
Robert J. Slye, Es
SLYE LAW OFFICES, P.C.
Attorneys for Defendant David Strothers
Office and P.O. Address
104 Washington Street
Watertown, New York 13601
Telephone No.: (315) 786-0266
TO: Thomas P. Givas, Esq.
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Attorneys for Plaintiff
614 James Street, Suite 100
Syracuse, New York 13203-2000
Telephone No.: (315) 472-4481
Mitchell J. Katz, Esq.
Barclay Damon, LLP
Attorneys for Defendant Charles Peter Hunkele, Jr.
Barclay Damon Tower
125 E. Jefferson Street
Syracuse, New York 13202
Telephone No.: (315) 413-7114
2
2 of 2
Document Filed Date
July 25, 2019
Case Filing Date
June 07, 2018
Category
Real Property - Other (Declaratory Judgment/Ease)
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FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/25/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF JEFFERSON KENNETH MILLER, NOTICE OF MOTION Plaintiff, Index No. EF2018-00001369 v. RJI No. CHARLES PETER HUNKELE, JR., and Assigned Justice: DAVID STROTHERS, Hon. James P. McClusky, J.S.C. Defendants. Motion by: Defendant David Strothers Date, Time and Place of Motion: August 22, 2019 at 9:30 a.m. in the forenoon at the Supreme Court of the County of Jefferson, Dulles 10* State Office Building, Floor, 317 Washington Street, Watertown, New York 13601. Object of Motion: An Order and Judgment pursuant to CPLR 3212: a) Dismissing each cause of action of the Amended Complaint; and b) Directing the cancellation of a Notice of Pendency against Defendant's property filed with the Jefferson County Clerk on June 3, 2019; and c) Granting such other and further relief as the Court deems just and proper. Supporting Papers: a) Affirmation of Robert J. Slye, Esq. dated July 25, 2019, with exhibits; and b) All prior pleadings and proceedings. Responding Papers: Demand is hereby made that responsive papers be served at least seven (7) days prior to the return date pursuant to CPLR 2214(b). Defendants further specifically demand that any cross-motion in this matter be made at least seven (7) days before the 1 of 2 FILED: JEFFERSON COUNTY CLERK 07/25/2019 08:15 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 07/25/2019 return date. If service of cross-motion is by mail, such cross-motion must be served at least ten (10) days before the return date. Dated: July 25, 2019 Robert J. Slye, Es SLYE LAW OFFICES, P.C. Attorneys for Defendant David Strothers Office and P.O. Address 104 Washington Street Watertown, New York 13601 Telephone No.: (315) 786-0266 TO: Thomas P. Givas, Esq. Pappas, Cox, Kimpel, Dodd & Levine, P.C. Attorneys for Plaintiff 614 James Street, Suite 100 Syracuse, New York 13203-2000 Telephone No.: (315) 472-4481 Mitchell J. Katz, Esq. Barclay Damon, LLP Attorneys for Defendant Charles Peter Hunkele, Jr. Barclay Damon Tower 125 E. Jefferson Street Syracuse, New York 13202 Telephone No.: (315) 413-7114 2 2 of 2