On April 27, 2021 a
Proof of Service
was filed
involving a dispute between
Christopher Smith,
Michael Smith As Trustees,
Of The Jay And Patricia Smith Irrevocable Trust,
and
Estate Of Theodore P Smith
By Executor,
Smith Jane Anna
As Executor,
Smith J Anna
As Trustee,
Theodore P. Smith Income Only Irrevocable Trust,
for Special Proceedings - Other (RPAPL Section 901 et al)
in the District Court of Herkimer County.
Preview
FILED: HERKIMER COUNTY CLERK 07/07/2023 01:11 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 234 RECEIVED NYSCEF: 07/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF HERKIMER
CHRISTOPHER SMITH AND MICHAEL SMITH AS AFFIDAVIT OF
TRUSTEES OF THE JAY AND PATRICIA SMITH MAILING
IRREVOCABLE TRUST,
Plaintiffs, Index No.: EF2021-108166
-Against-
ANNA J. SMITH., AS TRUSTEE OF THE
THEODORE P. SMITH INCOME ONLY
IRREVOCABLE TRUST, AND ANNA JANE SMITH,
AS EXECUTOR OF THE ESTATE OF
THEODORE P. SMITH,
Defendants.
STATE OF NEW YORK )
COUNTY OF HERKIMER ) ss:
Anita E. Smith, being duly sworn, deposes and says that I am over the age of 18 years;
that I reside at 839 Summit Rd., Middleville, NY 13406, and I am not a party to this action. That
501
on the Day July, 2023, your deponent served the Undertaking (Official Check in the amount
of $28,426.23 payable to the appointed Referee), a true and correct copy of the Order dated
June 30, 2023 (the Order that set the undertaking amount and stayed the sale of the premises
pending a determination of the Appeal), and cover letter upon:
Schmitt & Lascurettes, LLC
Attn: William P. Schmitt, Esq., Referee
1508 Genesee Street
Utica, NY 13502
1 of 4
FILED: HERKIMER COUNTY CLERK 07/07/2023 01:11 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 234 RECEIVED NYSCEF: 07/07/2023
by enclosing said documents in a securely sealed, post-paid envelope properly addressed to said
and the same in a post office of the U.S. Postal Service within the State of
party by depositing
New York.
Anita E. Smith
Sworn to before me this
5*
day of July, 2023.
otary Public
MiMERRLY . MASSOCCO
New York
in the State of
Notary Public
Appointed in Herkfmer County
01MA6145985
Reg. No.
Commisslan Expires Aug, 18,
My
2 of 4
FILED: HERKIMER COUNTY CLERK 07/07/2023 01:11 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 234 RECEIVED NYSCEF: 07/07/2023
POSTAL SER .
FiERKIMER
135 PARK AVE
HERKIMER NY 13350-9998
(800)275-8777
07/05/2023 01:40 PM
_________..........___..______..________.._______
Product Unit
Qty Price
Price
__________..--..____..___________..__________
PM Express 1-Day 1 $28.75
Flat Rate Env
Utica, NY 13502
Flat Rate
Signature Requested
Scheduled Delivery Date
Thu 07/06/2023 06:00 PM
Money Back Guarantee
Tracking #:
9581 7124 3217 3186 3959 60
Insurance $0.00
Up to $100 00 included
Total $28.75
..._____...............---..____________..---------..
Grand Total: $28.75
___..______._______..______.._____..__________
Credit Card Remit $28.75
3 of 4
FILED: HERKIMER COUNTY CLERK 07/07/2023 01:11 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 234 RECEIVED NYSCEF: 07/07/2023
Tracking© m°*
USPS >
Remove X
Tracking Number:
9581712432173186395960
Copy Add to Informed Delivery (https://informeddelivery.usps.com/)
Scheduled Delivery by
THURSDAY
by
6 July
2023ø 6:00pm ø
Your item was delivered to an Individual at the address at 10:16 am on July 6, 2023 in UTICA, NY 13502.
The item was signed for by M LEE.
Get More Out of USPS Tracking:
Plus®
USPS Tracking
Delivered
Delivered, Left with Individual
UTICA, NY 13502
July 6, 2023, 10:16 am
See All Tracking History
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Proof of Delivery
USPS Tracking Plus®
4 of 4
Document Filed Date
July 07, 2023
Case Filing Date
April 27, 2021
Category
Special Proceedings - Other (RPAPL Section 901 et al)
Status
Disposed-Court Date/Application Pending
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FILED: HERKIMER COUNTY CLERK 07/07/2023 01:11 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 234 RECEIVED NYSCEF: 07/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF HERKIMER CHRISTOPHER SMITH AND MICHAEL SMITH AS AFFIDAVIT OF TRUSTEES OF THE JAY AND PATRICIA SMITH MAILING IRREVOCABLE TRUST, Plaintiffs, Index No.: EF2021-108166 -Against- ANNA J. SMITH., AS TRUSTEE OF THE THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST, AND ANNA JANE SMITH, AS EXECUTOR OF THE ESTATE OF THEODORE P. SMITH, Defendants. STATE OF NEW YORK ) COUNTY OF HERKIMER ) ss: Anita E. Smith, being duly sworn, deposes and says that I am over the age of 18 years; that I reside at 839 Summit Rd., Middleville, NY 13406, and I am not a party to this action. That 501 on the Day July, 2023, your deponent served the Undertaking (Official Check in the amount of $28,426.23 payable to the appointed Referee), a true and correct copy of the Order dated June 30, 2023 (the Order that set the undertaking amount and stayed the sale of the premises pending a determination of the Appeal), and cover letter upon: Schmitt & Lascurettes, LLC Attn: William P. Schmitt, Esq., Referee 1508 Genesee Street Utica, NY 13502 1 of 4 FILED: HERKIMER COUNTY CLERK 07/07/2023 01:11 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 234 RECEIVED NYSCEF: 07/07/2023 by enclosing said documents in a securely sealed, post-paid envelope properly addressed to said and the same in a post office of the U.S. Postal Service within the State of party by depositing New York. Anita E. Smith Sworn to before me this 5* day of July, 2023. otary Public MiMERRLY . MASSOCCO New York in the State of Notary Public Appointed in Herkfmer County 01MA6145985 Reg. No. Commisslan Expires Aug, 18, My 2 of 4 FILED: HERKIMER COUNTY CLERK 07/07/2023 01:11 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 234 RECEIVED NYSCEF: 07/07/2023 POSTAL SER . FiERKIMER 135 PARK AVE HERKIMER NY 13350-9998 (800)275-8777 07/05/2023 01:40 PM _________..........___..______..________.._______ Product Unit Qty Price Price __________..--..____..___________..__________ PM Express 1-Day 1 $28.75 Flat Rate Env Utica, NY 13502 Flat Rate Signature Requested Scheduled Delivery Date Thu 07/06/2023 06:00 PM Money Back Guarantee Tracking #: 9581 7124 3217 3186 3959 60 Insurance $0.00 Up to $100 00 included Total $28.75 ..._____...............---..____________..---------.. Grand Total: $28.75 ___..______._______..______.._____..__________ Credit Card Remit $28.75 3 of 4 FILED: HERKIMER COUNTY CLERK 07/07/2023 01:11 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 234 RECEIVED NYSCEF: 07/07/2023 Tracking© m°* USPS > Remove X Tracking Number: 9581712432173186395960 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Scheduled Delivery by THURSDAY by 6 July 2023ø 6:00pm ø Your item was delivered to an Individual at the address at 10:16 am on July 6, 2023 in UTICA, NY 13502. The item was signed for by M LEE. Get More Out of USPS Tracking: Plus® USPS Tracking Delivered Delivered, Left with Individual UTICA, NY 13502 July 6, 2023, 10:16 am See All Tracking History Text & Email Updates Proof of Delivery USPS Tracking Plus® 4 of 4