Preview
FILED: HERKIMER COUNTY CLERK 09/20/2023 12:55 PM INDEX NO. EF2023-110859
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/20/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF HERKIMER
THE VILLAGE OF HERKIMER,
Plaintiff,
vs. NOTICE OF
PENDENCY
CECILIA FAGAN POLIDORI a/k/a CECILIA M.
FAGAN and SHAWN It GILBERT, Index No.
Defendants.
NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending
in the above-named court, upon the Complaint of the above-named Plaintiff and against the
above-named Defendants, which Complaint is filed herewith in the Office of the Clerk of the
County of Herkimer, for a judgment impressing upon the real estate that is the subject of this
Notice of Pendency the cost of demolishing the structure that previously had been located
thereon, and also setting aside the conveyance of the real property from Cecilia Fagan Polidori,
a/k/a Cecilia M. Fagan, to Shawn R. Gilbert on the basis that it was a fraudulent conveyance, and
for such other and further relief as is described in the Complaint, or as may be just and proper.
PLEASE TAKE NOTICE that the premises affected hereby are situated entirely within
the County of Herkimer, Herkimer County, Tax Map Parcel No. 120.25-1-35, and are more
commonly known as 113 Park Avenue, Herkimer, New York, which property is bounded and
described as follows:
All that tract or parcel of land, situate in the Village of Herkimer, County of Herkimer
and State of New York, bounded and described as follows: Being on the southerly side of Park
Avenue, and is bounded northerly by said Park Avenue; easterly by premises now or formerly of
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FILED: HERKIMER COUNTY CLERK 09/20/2023 12:55 PM INDEX NO. EF2023-110859
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/20/2023
Eugene P. Huyck and others and premises formerly of the Kay Estate; southerly by premises
formerly owned by Elizabeth A. Caswell and westerly by the lot of the Universalist Church
Society and is fifty (50) feet wide front and rear and one hundred and fifty (150) feet in depth.
Also a strip of land lying next easterly and adjoining the premises above described,
twelve feet in width on Park Avenue and in the rear, and in depth extending from said Park
Avenue southerly to the northerly line of the premise formerly of the Kay Estate.
Reserving for Clara Pryne Huyck, Eugene P. Huyck and Ralph P. Huyck, theirs heirs and
grantees of the premises adjoining, a right of way for men and teams over the said twelve foot
strip in common with the grantees, successors or assigns of the party of the second part.
Also, all that tract or parcel of land situate in the Village of Herkimer, County of
Herkimer and State of New York, bounded and described substantially as follows: Beginning at
a well in the north line of lands now or formerly of Marcen Realty Corp., and at the northwest
corner of lands formerly owned by Clifford G. Burritt and Della B. Burritt, situated on the west
side of North Main Street in the Village of Herkimer and running thence southerly along the east
line of the lands now or formerly of Marcen Realty Corp. to the lands now or formerly of Cyrus
Kay, thence easterly along the northerly line of said Kay twelve feet, thence northerly and on a
line parallel with the first mentioned line to the northerly line of said lands formerly owned by
Clifford G. Burritt and Della B. Burritt, thence westerly along the northerly line of lands
formerly owned by Clifford G. Burritt and Della B. Burritt to the place of beginning. The said
piece of land is a strip twelve feet in width, extending across and over the entire width of the rear
of the lot formerly owned by Clifford G. Burritt and Della B. Burritt.
Reserving, however, to Clifford G. Burritt and Della B. Burritt, theirs heirs and assigns,
at any and all times a right of way and passage for men and teams and vehicles of all kinds, over,
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FILED: HERKIMER COUNTY CLERK 09/20/2023 12:55 PM INDEX NO. EF2023-110859
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/20/2023
along, across and upon said strips of land to be used in common with the party of the second
part, and any and all others to whom the said party of the second part may hereafter grant and
convey a right of way over same.
Excepting and reserving and subject to the provisions and covenants contained in a deed
from the Herkimer County Grangers Exchange to Clifford G. Burritt and another, dated April 14,
1910, and recorded in the Herkimer County Clerk's Office in Book 204 of Deeds at Page 82.
Being the same premises conveyed to Shawn R. Gilbert by Cecilia M. Fagan f/k/a Cecilia
Fagan Polidori by Deed dated June 9, 2022 and recorded June 14, 2022 in the Oneida County
Clerk's Office in Instrument #RP2022-3266,
YOU ARE HEREBY DIRECTED to index this Notice of Pendency to the names of the
following Defendants:
Cecilia Fagan Polidori a/k/a Cecilia M. Fagan
Shawn R. Gilbert
Dated: September 20, 2023 Yours, etc.,
Vincent J. Rossi, Jr., Esq.
ROSSI & ROSSI
Attorneys at Law PLLC
Attorneys for plaintiff
Office and P.O. Address:
587 Main Street, Suite 302
New York Mills, New York 13417
Tel. No. (315)733-4671
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Preview
FILED: HERKIMER COUNTY CLERK 09/20/2023 12:55 PM INDEX NO. EF2023-110859 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/20/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF HERKIMER THE VILLAGE OF HERKIMER, Plaintiff, vs. NOTICE OF PENDENCY CECILIA FAGAN POLIDORI a/k/a CECILIA M. FAGAN and SHAWN It GILBERT, Index No. Defendants. NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in the above-named court, upon the Complaint of the above-named Plaintiff and against the above-named Defendants, which Complaint is filed herewith in the Office of the Clerk of the County of Herkimer, for a judgment impressing upon the real estate that is the subject of this Notice of Pendency the cost of demolishing the structure that previously had been located thereon, and also setting aside the conveyance of the real property from Cecilia Fagan Polidori, a/k/a Cecilia M. Fagan, to Shawn R. Gilbert on the basis that it was a fraudulent conveyance, and for such other and further relief as is described in the Complaint, or as may be just and proper. PLEASE TAKE NOTICE that the premises affected hereby are situated entirely within the County of Herkimer, Herkimer County, Tax Map Parcel No. 120.25-1-35, and are more commonly known as 113 Park Avenue, Herkimer, New York, which property is bounded and described as follows: All that tract or parcel of land, situate in the Village of Herkimer, County of Herkimer and State of New York, bounded and described as follows: Being on the southerly side of Park Avenue, and is bounded northerly by said Park Avenue; easterly by premises now or formerly of 1 of 3 FILED: HERKIMER COUNTY CLERK 09/20/2023 12:55 PM INDEX NO. EF2023-110859 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/20/2023 Eugene P. Huyck and others and premises formerly of the Kay Estate; southerly by premises formerly owned by Elizabeth A. Caswell and westerly by the lot of the Universalist Church Society and is fifty (50) feet wide front and rear and one hundred and fifty (150) feet in depth. Also a strip of land lying next easterly and adjoining the premises above described, twelve feet in width on Park Avenue and in the rear, and in depth extending from said Park Avenue southerly to the northerly line of the premise formerly of the Kay Estate. Reserving for Clara Pryne Huyck, Eugene P. Huyck and Ralph P. Huyck, theirs heirs and grantees of the premises adjoining, a right of way for men and teams over the said twelve foot strip in common with the grantees, successors or assigns of the party of the second part. Also, all that tract or parcel of land situate in the Village of Herkimer, County of Herkimer and State of New York, bounded and described substantially as follows: Beginning at a well in the north line of lands now or formerly of Marcen Realty Corp., and at the northwest corner of lands formerly owned by Clifford G. Burritt and Della B. Burritt, situated on the west side of North Main Street in the Village of Herkimer and running thence southerly along the east line of the lands now or formerly of Marcen Realty Corp. to the lands now or formerly of Cyrus Kay, thence easterly along the northerly line of said Kay twelve feet, thence northerly and on a line parallel with the first mentioned line to the northerly line of said lands formerly owned by Clifford G. Burritt and Della B. Burritt, thence westerly along the northerly line of lands formerly owned by Clifford G. Burritt and Della B. Burritt to the place of beginning. The said piece of land is a strip twelve feet in width, extending across and over the entire width of the rear of the lot formerly owned by Clifford G. Burritt and Della B. Burritt. Reserving, however, to Clifford G. Burritt and Della B. Burritt, theirs heirs and assigns, at any and all times a right of way and passage for men and teams and vehicles of all kinds, over, 2 of 3 FILED: HERKIMER COUNTY CLERK 09/20/2023 12:55 PM INDEX NO. EF2023-110859 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/20/2023 along, across and upon said strips of land to be used in common with the party of the second part, and any and all others to whom the said party of the second part may hereafter grant and convey a right of way over same. Excepting and reserving and subject to the provisions and covenants contained in a deed from the Herkimer County Grangers Exchange to Clifford G. Burritt and another, dated April 14, 1910, and recorded in the Herkimer County Clerk's Office in Book 204 of Deeds at Page 82. Being the same premises conveyed to Shawn R. Gilbert by Cecilia M. Fagan f/k/a Cecilia Fagan Polidori by Deed dated June 9, 2022 and recorded June 14, 2022 in the Oneida County Clerk's Office in Instrument #RP2022-3266, YOU ARE HEREBY DIRECTED to index this Notice of Pendency to the names of the following Defendants: Cecilia Fagan Polidori a/k/a Cecilia M. Fagan Shawn R. Gilbert Dated: September 20, 2023 Yours, etc., Vincent J. Rossi, Jr., Esq. ROSSI & ROSSI Attorneys at Law PLLC Attorneys for plaintiff Office and P.O. Address: 587 Main Street, Suite 302 New York Mills, New York 13417 Tel. No. (315)733-4671 3 of 3