On January 04, 2017 a
Order
was filed
involving a dispute between
Board Of Managers Of Van Wyck Glen Condominium,
The Board Of Managers Of Van Wyck Meadows Condominium, A Condominium Created Pursuant To Article 9-B Of The Real Property Law, On Behalf Of Its Unit Owners,
and
Anthony Costa,
Dick Hack,
Van Wyck At Merritt Park Homeowners Association, Inc.,
for Commercial - Contract
in the District Court of Dutchess County.
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(FILED: DUTCHESS COUNTY CLERK 03/23/2023 12:12 PM ENDENANO MSO gSOOT?
NYSCEF DOC. NO. 498 RECEIVED NYSCEF: 03/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
Co an OF OES
_Resauct Mon. Meech G. | ey Hayes. ASC. pee x
BOARD OF MANAGERS OF VAN WYCK GLEN
CONDOMINIUM, THE BOARD OF MANAGERS OF
VAN WYCK MEADOWS CONDOMINIUM, a
Condominium created pursuant to Article 9-B of the
Real Property Law, on behalf of its unit owners,
Index No.: 2017-50017
Plaintiffs,
- against - ORDER DIRECTING THE
RELEASE OF FUNDS HELD
VAN WYCK AT MERRITT PARK HOMEOWNERS AS AN UNDERTAKING
ASSOCIATION, INC., ANTHONY COSTA AND DICK
HACK,
Defendants.
VAN WYCK AT MERRITT PARK HOMEOWNERS
ASSOCIATION, INC.,
Third-Party Plaintiff,
-against-
THE BOARD OF MANAGERS OF VAN WYCK
MEADOWS CONDOMINIUM II,
Third-Party Defendant.
The Dutchess County Commissioner of Finance (the “Commissioner”),
is directed to release funds in the amount of $40,696.32, deposited by the defendant/third-party
plaintiff, VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, INC. (the
“HOA”), as an Undertaking (the “Undertaking”) pending the determination of an Appeal in this
action. The Undertaking was authorized by this Court pursuant to its Decision and Order dated
July 14, 2022 (NYSCEF Doc No. 486).
1 of 2(FILED: DUTCHESS COUNTY CLERK 03/23/2023 12:12 PM ENDENANO R20 T 75; 20017
NYSCEF DOC. NO. 498 RECEIVED NYSCEF: 03/22/2023
The Undertaking in the amount of $40,696.32 was submitted to the Dutchess
County Clerk (the “Clerk”) under cover of a letter dated July 15, 2022. The Undertaking was
then deposited with the Commissioner.
The Commissioner is ordered to release the initial deposit of $40,696.32 plus interest,
minus statutory fees to counsel for the plaintiffs, Handel & Carlini, LLP, to the attention of
Anthony Carlini, Esq. at 1984 New Hackensack Road, Poughkeepsie, New York 12603.
The Commissioner shall not return the $8.00 fee submitted by the HOA in conjunction
with the undertaking on July 15, 2022.
The check shall be mailed by the Commissioner to counsel for the plaintiffs, Handel &
Carlini, LLP, to the attention of Anthony Carlini, Esq. at 1984 New Hackensack Road,
Poughkeepsie, New York 12603.
The Commissioner shall issue the aforesaid check and send it to counsel for the plaintiffs
upon receipt of a certified copy of this Order.
The HOA is directed to pay statutory interest to the plaintiffs in the amount of nine (9%)
percent per year, not compounded from the date of the signing of the Counter-Order in this
action, April 14, 2022 (NYSCEF Doc. No. 458) up until the date that the Commissioner issues
its check releasing the Undertaking.
This constitutes the Order of this Court.
Dated: Poughkeepsie, New York
Masea 4% 2023
oe
Hon. Michael G. Hayes, A.S.C.J.
2 of 2
Document Filed Date
March 23, 2023
Case Filing Date
January 04, 2017
Category
Commercial - Contract
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(FILED: DUTCHESS COUNTY CLERK 03/23/2023 12:12 PM ENDENANO MSO gSOOT? NYSCEF DOC. NO. 498 RECEIVED NYSCEF: 03/22/2023 SUPREME COURT OF THE STATE OF NEW YORK Co an OF OES _Resauct Mon. Meech G. | ey Hayes. ASC. pee x BOARD OF MANAGERS OF VAN WYCK GLEN CONDOMINIUM, THE BOARD OF MANAGERS OF VAN WYCK MEADOWS CONDOMINIUM, a Condominium created pursuant to Article 9-B of the Real Property Law, on behalf of its unit owners, Index No.: 2017-50017 Plaintiffs, - against - ORDER DIRECTING THE RELEASE OF FUNDS HELD VAN WYCK AT MERRITT PARK HOMEOWNERS AS AN UNDERTAKING ASSOCIATION, INC., ANTHONY COSTA AND DICK HACK, Defendants. VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, INC., Third-Party Plaintiff, -against- THE BOARD OF MANAGERS OF VAN WYCK MEADOWS CONDOMINIUM II, Third-Party Defendant. The Dutchess County Commissioner of Finance (the “Commissioner”), is directed to release funds in the amount of $40,696.32, deposited by the defendant/third-party plaintiff, VAN WYCK AT MERRITT PARK HOMEOWNERS ASSOCIATION, INC. (the “HOA”), as an Undertaking (the “Undertaking”) pending the determination of an Appeal in this action. The Undertaking was authorized by this Court pursuant to its Decision and Order dated July 14, 2022 (NYSCEF Doc No. 486). 1 of 2(FILED: DUTCHESS COUNTY CLERK 03/23/2023 12:12 PM ENDENANO R20 T 75; 20017 NYSCEF DOC. NO. 498 RECEIVED NYSCEF: 03/22/2023 The Undertaking in the amount of $40,696.32 was submitted to the Dutchess County Clerk (the “Clerk”) under cover of a letter dated July 15, 2022. The Undertaking was then deposited with the Commissioner. The Commissioner is ordered to release the initial deposit of $40,696.32 plus interest, minus statutory fees to counsel for the plaintiffs, Handel & Carlini, LLP, to the attention of Anthony Carlini, Esq. at 1984 New Hackensack Road, Poughkeepsie, New York 12603. The Commissioner shall not return the $8.00 fee submitted by the HOA in conjunction with the undertaking on July 15, 2022. The check shall be mailed by the Commissioner to counsel for the plaintiffs, Handel & Carlini, LLP, to the attention of Anthony Carlini, Esq. at 1984 New Hackensack Road, Poughkeepsie, New York 12603. The Commissioner shall issue the aforesaid check and send it to counsel for the plaintiffs upon receipt of a certified copy of this Order. The HOA is directed to pay statutory interest to the plaintiffs in the amount of nine (9%) percent per year, not compounded from the date of the signing of the Counter-Order in this action, April 14, 2022 (NYSCEF Doc. No. 458) up until the date that the Commissioner issues its check releasing the Undertaking. This constitutes the Order of this Court. Dated: Poughkeepsie, New York Masea 4% 2023 oe Hon. Michael G. Hayes, A.S.C.J. 2 of 2