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Mitchell J. Katz
Partner
January 27, 2020
VIA ECF
Hon. James P. McClusky, JSC
Supreme Court Chambers
Jefferson County Courthouse
Watertown, NY 13601
Re: Miller v. Hunkele and Strothers
Index No. EF2018-00001369
Dear Justice McClusky:
I write to provide a status report with regard to Mr. Hunkele’s sale of the of the property’s that is
the subject of the Plaintiff’s claims.
Mr. Hunkele’s property was sold on Friday January 24. I enclose a partially executed stipulation
for the court’s information, pending the collection of all signatures. As the Court will note, the
stipulation provides Mr. Hunkele exit the case, Barclay Damon exits the case and the new
owners have time to retain counsel or appear pro se.
When all counsel have signed the stipulation, we will e-file it for the Court’ final review and
signature.
Respectfully submitted,
/s/ Mitchell J. Katz
Mitchell J. Katz
MJK/ead
Enc.
cc – All Counsel by ECF
Barclay Damon Tower - 125 East Jefferson Street - Syracuse, New York 13202 barclaydamon.com
mkatz@barclaydamon.com Direct: (315) 413-7114 Fax: (315) 703-7348
19935516
SUPREME COURT
STATE OF NEW YORK COUNTY OF JEFFERSON
KENNETH MILLER, STIPULATION AND
Plaintiff, ORDER TO SUBSTITUTE
vs. PARTIES, AMEND
CAPTION AND RELEASE
CHARLES PETER HUNKELE,JR., and COUNSEL
DAVID STROTHERS Index No. EF2018-00001369
Hon. James McClusky, JSC
Defendants
WHEREAS,the defendant, Charles Peter Hunkele, Jr. has sold the real estate that
is the object of the relief sought by Plaintiff to Eric Bevard and Gretchen Bevard, and
WHEREAS, Eric and Gretchen Bevard desire to be substituted as defendant in
place of Charles Peter Hunkele, Jr., and
WHEREAS, Eric and Gretchen Bevard acknowledge that they have purchased the
property from Hunkele subject to the above captioned lawsuit, and subject to the Notice
of Pendency filed by the Plaintiff, and
WHEREAS, the undersigned agree that the caption of this action should be
changed to reflect the substitution of Eric and Gretchen Bevard as defendants in
place of Hunkele and in addition to David Strothers.
NOW,based upon the consent of the signatories below, it is hereby
ORDERED,Eric and Gretchen Bevard are substituted as defendants (in addition
to David Strothers), in place and instead of Charles Peter Hunkele, Jr.; and if is further
ORDERED,that as Charles Peter Hunkele, Jr. is no longer a defendant herein,
Barclay Damon LLP is no longer attorneys of record in this action; and it is further
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ORDERED,Eric Bevard and Gretchen Bevard shall appear in this action pro se or
by counsel on or before February 24, 2020; and it is further
ORDERED,that the Clerk is directed to amend the caption of this action and the
Notice ofPendency filed herein to read as follows:
KENNETH MILLER,
Plaintiff,
VS
ERIC BEVARD and GRETCHEN BEVARD
3549 Kirk Road
Warners, New York 13164
DAVID STROTHERS
Defendants
Dated: January 2020
SO ORDERED:
Hon. James McClusky, JSC
ENTER:
*Signatures follow on next page*
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The undersigned hereby consent to the relief set forth above as of January 24, 2020. This
stipulation may be executed in counterparts, and shall become effective when all of the
signatures have been assembled.
PAPPAS, COX, Kyvil ODD SLYE LAW OFFICES, P.C.
& LEVINE,P '
Thomas P. Givas, Es Robert J. Slye, Esq,
Attorney/for Kenneth Mile Attorney for David Strothers
614 JaMcs Street 104 Washington St.
Syracuse, NY 13203 Watertown, New York 13601
Tel: 315 786-0266
rjs@slyelaw.com
BARCLAY DAMON LLP
Attorneys for Defendant Charles Peter
el Eric Bevard
1000 7th N. St., #120
Mitchell J. Katz;Esq. Liverpool, New York 13088
125 E. Jefferson Street
Syracuse, New York 13202
Tel: (315) 425-2700 Gretchen Bevard
Fax:(315) 703-7324 1000 7th N. St., #120
mkatz@barclaydamon.corn Liverpool, New York 13088
Approved as to form by real estate counsel for Eric Bevard and Gretchen Bevard.
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Mitchell J. Katz Partner January 27, 2020 VIA ECF Hon. James P. McClusky, JSC Supreme Court Chambers Jefferson County Courthouse Watertown, NY 13601 Re: Miller v. Hunkele and Strothers Index No. EF2018-00001369 Dear Justice McClusky: I write to provide a status report with regard to Mr. Hunkele’s sale of the of the property’s that is the subject of the Plaintiff’s claims. Mr. Hunkele’s property was sold on Friday January 24. I enclose a partially executed stipulation for the court’s information, pending the collection of all signatures. As the Court will note, the stipulation provides Mr. Hunkele exit the case, Barclay Damon exits the case and the new owners have time to retain counsel or appear pro se. When all counsel have signed the stipulation, we will e-file it for the Court’ final review and signature. Respectfully submitted, /s/ Mitchell J. Katz Mitchell J. Katz MJK/ead Enc. cc – All Counsel by ECF Barclay Damon Tower - 125 East Jefferson Street - Syracuse, New York 13202 barclaydamon.com mkatz@barclaydamon.com Direct: (315) 413-7114 Fax: (315) 703-7348 19935516 SUPREME COURT STATE OF NEW YORK COUNTY OF JEFFERSON KENNETH MILLER, STIPULATION AND Plaintiff, ORDER TO SUBSTITUTE vs. PARTIES, AMEND CAPTION AND RELEASE CHARLES PETER HUNKELE,JR., and COUNSEL DAVID STROTHERS Index No. EF2018-00001369 Hon. James McClusky, JSC Defendants WHEREAS,the defendant, Charles Peter Hunkele, Jr. has sold the real estate that is the object of the relief sought by Plaintiff to Eric Bevard and Gretchen Bevard, and WHEREAS, Eric and Gretchen Bevard desire to be substituted as defendant in place of Charles Peter Hunkele, Jr., and WHEREAS, Eric and Gretchen Bevard acknowledge that they have purchased the property from Hunkele subject to the above captioned lawsuit, and subject to the Notice of Pendency filed by the Plaintiff, and WHEREAS, the undersigned agree that the caption of this action should be changed to reflect the substitution of Eric and Gretchen Bevard as defendants in place of Hunkele and in addition to David Strothers. NOW,based upon the consent of the signatories below, it is hereby ORDERED,Eric and Gretchen Bevard are substituted as defendants (in addition to David Strothers), in place and instead of Charles Peter Hunkele, Jr.; and if is further ORDERED,that as Charles Peter Hunkele, Jr. is no longer a defendant herein, Barclay Damon LLP is no longer attorneys of record in this action; and it is further 1 19924626 ORDERED,Eric Bevard and Gretchen Bevard shall appear in this action pro se or by counsel on or before February 24, 2020; and it is further ORDERED,that the Clerk is directed to amend the caption of this action and the Notice ofPendency filed herein to read as follows: KENNETH MILLER, Plaintiff, VS ERIC BEVARD and GRETCHEN BEVARD 3549 Kirk Road Warners, New York 13164 DAVID STROTHERS Defendants Dated: January 2020 SO ORDERED: Hon. James McClusky, JSC ENTER: *Signatures follow on next page* 2 19924626 The undersigned hereby consent to the relief set forth above as of January 24, 2020. This stipulation may be executed in counterparts, and shall become effective when all of the signatures have been assembled. PAPPAS, COX, Kyvil ODD SLYE LAW OFFICES, P.C. & LEVINE,P ' Thomas P. Givas, Es Robert J. Slye, Esq, Attorney/for Kenneth Mile Attorney for David Strothers 614 JaMcs Street 104 Washington St. Syracuse, NY 13203 Watertown, New York 13601 Tel: 315 786-0266 rjs@slyelaw.com BARCLAY DAMON LLP Attorneys for Defendant Charles Peter el Eric Bevard 1000 7th N. St., #120 Mitchell J. Katz;Esq. Liverpool, New York 13088 125 E. Jefferson Street Syracuse, New York 13202 Tel: (315) 425-2700 Gretchen Bevard Fax:(315) 703-7324 1000 7th N. St., #120 mkatz@barclaydamon.corn Liverpool, New York 13088 Approved as to form by real estate counsel for Eric Bevard and Gretchen Bevard. 3 19924626