Preview
FILED: JEFFERSON COUNTY CLERK 09/10/2020 08:14 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 09/10/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF JEFFERSON
KENNETH MILLER, NOTICE OF ENTRY
Plaintiff,
Index No. EF2018-00001369
ERIC BEVARD, GRETCHEN BEVARD and Assigned Justice:
DAVID STROTHERS, Hon. James P. McClusky, J.S.C.
Defendants.
PLEASE TAKE NOTICE that the attached Order was entered in the office of the
Jefferson County Clerk on September 8, 2020.
Dated: September 9, 2020 /
Robert J. Slye, .
SLYE LAW OFFICES, P.C.
Attorneys for Defendant
David Strothers
Office and P. O. Address
104 Washington Street
Watertown, New York 13601
Telephone: (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
Roger W. Bradley, Esq.
Melvin & Melvin, PLLC
Attorneys for Defendants
Eric Bevard and Gretchen Bevard
Office and P. O. Address
217 South Salina Street
Syracuse, New York 13202
Telephone: (315) 422-1311
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FILED: JEFFERSON COUNTY CLERK 09/10/2020 08:14 AM INDEX NO. EF2018-00001369
NYSCEF INDEX NO. EF2018-00001369
FILED DOC. : NO. 111
JEFFERSON COUNTY CLERK 09/08/2020 03 : 05 PM| RECEIVED NYSCEF: 09/10/2020
NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 09/08/2020
At a Motion Term of the New York State
Supreme Court in and for the County of
Jefferson held at the Dulles State Office
10*
Building, Floor, 317 Washington Street,
Watertown, New York 13601 on the 3rd day
of September, 2020 at 10:30 a.m. .inthe
forenoon.
PRESENT: HON. JAMES P. MCLUSKY, J.S.C.
SUPREME COURT JUSTICE
STATE OF NEW YORK
SUPREME COURT COUNTY OF JEFFERSON
KENNETH MILLER,
ORDER
Plaintiff,
v. Index No. EF2018-00001369
RJI No.
ERIC BEVARD, GRETCHEN BEVARD, and
DAVID STROTHERS,
Defendants.
PlaintiffKenneth Miller having moved thisCourt for an Order granting preliraiñary
injunctive relief enjoining Defendant David Strothers from blocking Plaintiff's access to a
certain water pump for maintenance and repair; and
The matter coming onto be heard at a Motion Term of the Court held on September 3,
2020 at 10:30 a.m. with argument by coüñsel for the Plaintiff,Thomas P. Givas, Esq. and by
counsel for Defendant David Strothers, Robert J. Slye,Esq., and by counsel for Defendants Eric
and Gretchen Bevard, by Roger W. Bradley, Esq.; and
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FILED: JEFFERSON COUNTY CLERK 09/10/2020 08:14 AM INDEX NO. EF2018-00001369
NYSCEF INDEX NO. EF2018-00001369
TILED DOC. : NO. 111
JEFFERSON COUNTY CLERK 09/08/2020 03:05A RECEIVED NYSCEF: 09/10/2020
NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 09/08/2020
The Court having reviewed the Notice of Motion dated July 31, 2020, together with the
Affidavit in support of the motion by Plaintiff Kenneth Miller on July 20, 2020, with exhibits,
the Affidavit of David Strothers, with exMbits, dated August 19, 2020, submitted in opposition to
the motion; and a Reply Affidavit, with exhibits, of Plaintiff Kenneth Miller dated August 27,
2020; and
The Court having rendered a decision from the bench to the effect that the motion for
preliminary injunctive reliefbe denied on the grounds thata trialby jury of allissues in this
action is scheduled to cessence on November 2, 2020, and that Plaintiffhas not shown thathe
will be irreparably darsaged ifinjüactive relief is notgranted before trial;itis hereby
ORDERED, that the instant motion for preliminary injunctive reliefisdenied.
Dated: September Ó , 2020
Watertown, New York
ENTER
Hon. James . McClusky, .S.C.
cRDER-DTREf
EF2018-00001369
09/08/202003:05:16 PM
Receipt# 2020014559
I II 2 Pages
izelle J Meeks, Jefferson County Clerk Clerk:DA
2
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FILED: JEFFERSON COUNTY CLERK 09/10/2020 08:14 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 09/10/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF JEFFERSON KENNETH MILLER, NOTICE OF ENTRY Plaintiff, Index No. EF2018-00001369 ERIC BEVARD, GRETCHEN BEVARD and Assigned Justice: DAVID STROTHERS, Hon. James P. McClusky, J.S.C. Defendants. PLEASE TAKE NOTICE that the attached Order was entered in the office of the Jefferson County Clerk on September 8, 2020. Dated: September 9, 2020 / Robert J. Slye, . SLYE LAW OFFICES, P.C. Attorneys for Defendant David Strothers Office and P. O. Address 104 Washington Street Watertown, New York 13601 Telephone: (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 Roger W. Bradley, Esq. Melvin & Melvin, PLLC Attorneys for Defendants Eric Bevard and Gretchen Bevard Office and P. O. Address 217 South Salina Street Syracuse, New York 13202 Telephone: (315) 422-1311 1 of 3 FILED: JEFFERSON COUNTY CLERK 09/10/2020 08:14 AM INDEX NO. EF2018-00001369 NYSCEF INDEX NO. EF2018-00001369 FILED DOC. : NO. 111 JEFFERSON COUNTY CLERK 09/08/2020 03 : 05 PM| RECEIVED NYSCEF: 09/10/2020 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 09/08/2020 At a Motion Term of the New York State Supreme Court in and for the County of Jefferson held at the Dulles State Office 10* Building, Floor, 317 Washington Street, Watertown, New York 13601 on the 3rd day of September, 2020 at 10:30 a.m. .inthe forenoon. PRESENT: HON. JAMES P. MCLUSKY, J.S.C. SUPREME COURT JUSTICE STATE OF NEW YORK SUPREME COURT COUNTY OF JEFFERSON KENNETH MILLER, ORDER Plaintiff, v. Index No. EF2018-00001369 RJI No. ERIC BEVARD, GRETCHEN BEVARD, and DAVID STROTHERS, Defendants. PlaintiffKenneth Miller having moved thisCourt for an Order granting preliraiñary injunctive relief enjoining Defendant David Strothers from blocking Plaintiff's access to a certain water pump for maintenance and repair; and The matter coming onto be heard at a Motion Term of the Court held on September 3, 2020 at 10:30 a.m. with argument by coüñsel for the Plaintiff,Thomas P. Givas, Esq. and by counsel for Defendant David Strothers, Robert J. Slye,Esq., and by counsel for Defendants Eric and Gretchen Bevard, by Roger W. Bradley, Esq.; and 1 of 2 2 of 3 FILED: JEFFERSON COUNTY CLERK 09/10/2020 08:14 AM INDEX NO. EF2018-00001369 NYSCEF INDEX NO. EF2018-00001369 TILED DOC. : NO. 111 JEFFERSON COUNTY CLERK 09/08/2020 03:05A RECEIVED NYSCEF: 09/10/2020 NYSCEF DOC. NO. 110 RECEIVED NYSCEF: 09/08/2020 The Court having reviewed the Notice of Motion dated July 31, 2020, together with the Affidavit in support of the motion by Plaintiff Kenneth Miller on July 20, 2020, with exhibits, the Affidavit of David Strothers, with exMbits, dated August 19, 2020, submitted in opposition to the motion; and a Reply Affidavit, with exhibits, of Plaintiff Kenneth Miller dated August 27, 2020; and The Court having rendered a decision from the bench to the effect that the motion for preliminary injunctive reliefbe denied on the grounds thata trialby jury of allissues in this action is scheduled to cessence on November 2, 2020, and that Plaintiffhas not shown thathe will be irreparably darsaged ifinjüactive relief is notgranted before trial;itis hereby ORDERED, that the instant motion for preliminary injunctive reliefisdenied. Dated: September Ó , 2020 Watertown, New York ENTER Hon. James . McClusky, .S.C. cRDER-DTREf EF2018-00001369 09/08/202003:05:16 PM Receipt# 2020014559 I II 2 Pages izelle J Meeks, Jefferson County Clerk Clerk:DA 2 2 of 2 3 of 3