On May 19, 2022 a
Letter,Correspondence
was filed
involving a dispute between
Carl Myers Enterprises, Inc.,,
and
Town Of Conesus Zoning Board Of Appeals,
for Special Proceedings - CPLR Article 78
in the District Court of Livingston County.
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Andrea K. Bailey, County Clerk
Livingston County Government Center
6 Court Street, Room 201
Geneseo, New York 14454
(585) 243-7010 ~ Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
JOHN AHMED MANCUSO JOHN AHMED MANCUSO
Document Type: CIVIL ACTION - MISC Document Desc: LETTER /
CORRESPONDENCE TO JUDGE
Plaintiff Defendant
CARL MYERS ENTERPRISES, INC., TOWN OF CONESUS ZONING BOARD OF
APPEALS
Recorded Information:
State of New York
Index #: 000920-2017 County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
mat
Do Not Detach
Index # : 000920-2017
May 22, 2023
VIA ELECTRONIC MAIL AND NYSCEF
Honorable Daniel J. Doyle, J.S.C.
Monroe County Supreme Court
99 Exchange Blvd.
Rochester, New York 14614
Re: Thomas Bruckel, et al v Town of Conesus, et al
Monroe County Index No. I2016007575
Thomas Bruckel, et al v Town of Conesus, et al
Monroe County Index No. I2016010561
Carl Myers Enterprises, Inc. v Town of Conesus Zoning Board of Appeals
Livingston County Index No. 000920-2017
Dear Justice Doyle:
We represent Carl Myers Enterprises, Inc. (“CME”) in the above-referenced matters.
Pursuant to the so-ordered letter dated and entered on or about March 23, 2023, the Court extended
the deadline for the Town to decide the remand to May 31, 2023. For ease of reference, a true and
accurate copy of the so-ordered letter is attached.
To date, settlement discussions remain ongoing. In response to my February 13, 2023
letter, Petitioners’ counsel, Jonathan Tantillo, Esq., has inquired as to whether CME would sell its
property. CME is currently evaluating Petitioners’ proposal, including assessing the potential fair
market value of the property. In order to allow sufficient time for the parties to continue to explore
potential settlement, and for the Zoning Board to make a decision on the remand should a
settlement not be reached, the Zoning Board’s counsel, Ms. Mindy Zoghlin, Esq., has consented
to the further modification of the Order to extend the deadline to decide the remand.
Accordingly, CME respectfully requests an extension of the deadline for the Town to
decide the remand to July 31, 2023. If the same meets with the Court’s approval, we would ask
that this letter be so ordered.
Index #: 000920-2017
Page 2
We appreciate the Court’s courtesies.
Respectfully submitted,
John A. Mancuso
cc: Jonathan R. Tantillo, Esq.
Terence Robinson, Esq.
Mindy Zoghlin, Esq.
SO ORDERED:
Dated: May __, 2023
___________________________________
HONORABLE DANIEL J. DOYLE, J.S.C.
IndexNO.
INDEX #: 000920-2017
I2016007575
FILED: MONROE COUNTY CLERK 03/23/2023 12:00 PM
NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 03/23/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3376057
Book Page CIVIL
Return To: No. Pages: 3
Sue Lerkins
99 Exchange Blvd. Instrument: ORDER
Rochester, NY 14614
Control #: 202303230567
Index #: I2016007575
Date: 03/23/2023
BRUCKEL, THOMAS Time: 11:59:20 AM
BRUCKEL, PATRICIA
HIRTH, SALLY
SIRACUSA, ROBERT
CONESUS TOWN OF
CODE ENFORCEMENT OFFICER OF THE TOWN OF
CONESUS
ZONING BOARD OF APPEALS OF THE TOWN OF
CONESUS
CARL MYERS ENTERPRISES INC
Total Fees Paid: $0.00
Employee: CW
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 3
202303230567 Index
IndexNO.
INDEX ##:: I2016007575
000920-2017
I2016007575
FILED: MONROE COUNTY CLERK 03/23/2023 12:00 PM
NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 03/23/2023
2 of 3
202303230567 IndexNO.
INDEX #: 000920-2017
I2016007575
I2016007575
FILED: MONROE COUNTY CLERK 03/23/2023 12:00 PM
NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 03/23/2023
3 of 3
Document Filed Date
May 22, 2023
Case Filing Date
May 19, 2022
Category
Special Proceedings - CPLR Article 78
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Andrea K. Bailey, County Clerk Livingston County Government Center 6 Court Street, Room 201 Geneseo, New York 14454 (585) 243-7010 ~ Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: JOHN AHMED MANCUSO JOHN AHMED MANCUSO Document Type: CIVIL ACTION - MISC Document Desc: LETTER / CORRESPONDENCE TO JUDGE Plaintiff Defendant CARL MYERS ENTERPRISES, INC., TOWN OF CONESUS ZONING BOARD OF APPEALS Recorded Information: State of New York Index #: 000920-2017 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York mat Do Not Detach Index # : 000920-2017 May 22, 2023 VIA ELECTRONIC MAIL AND NYSCEF Honorable Daniel J. Doyle, J.S.C. Monroe County Supreme Court 99 Exchange Blvd. Rochester, New York 14614 Re: Thomas Bruckel, et al v Town of Conesus, et al Monroe County Index No. I2016007575 Thomas Bruckel, et al v Town of Conesus, et al Monroe County Index No. I2016010561 Carl Myers Enterprises, Inc. v Town of Conesus Zoning Board of Appeals Livingston County Index No. 000920-2017 Dear Justice Doyle: We represent Carl Myers Enterprises, Inc. (“CME”) in the above-referenced matters. Pursuant to the so-ordered letter dated and entered on or about March 23, 2023, the Court extended the deadline for the Town to decide the remand to May 31, 2023. For ease of reference, a true and accurate copy of the so-ordered letter is attached. To date, settlement discussions remain ongoing. In response to my February 13, 2023 letter, Petitioners’ counsel, Jonathan Tantillo, Esq., has inquired as to whether CME would sell its property. CME is currently evaluating Petitioners’ proposal, including assessing the potential fair market value of the property. In order to allow sufficient time for the parties to continue to explore potential settlement, and for the Zoning Board to make a decision on the remand should a settlement not be reached, the Zoning Board’s counsel, Ms. Mindy Zoghlin, Esq., has consented to the further modification of the Order to extend the deadline to decide the remand. Accordingly, CME respectfully requests an extension of the deadline for the Town to decide the remand to July 31, 2023. If the same meets with the Court’s approval, we would ask that this letter be so ordered. Index #: 000920-2017 Page 2 We appreciate the Court’s courtesies. Respectfully submitted, John A. Mancuso cc: Jonathan R. Tantillo, Esq. Terence Robinson, Esq. Mindy Zoghlin, Esq. SO ORDERED: Dated: May __, 2023 ___________________________________ HONORABLE DANIEL J. DOYLE, J.S.C. IndexNO. INDEX #: 000920-2017 I2016007575 FILED: MONROE COUNTY CLERK 03/23/2023 12:00 PM NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 03/23/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3376057 Book Page CIVIL Return To: No. Pages: 3 Sue Lerkins 99 Exchange Blvd. Instrument: ORDER Rochester, NY 14614 Control #: 202303230567 Index #: I2016007575 Date: 03/23/2023 BRUCKEL, THOMAS Time: 11:59:20 AM BRUCKEL, PATRICIA HIRTH, SALLY SIRACUSA, ROBERT CONESUS TOWN OF CODE ENFORCEMENT OFFICER OF THE TOWN OF CONESUS ZONING BOARD OF APPEALS OF THE TOWN OF CONESUS CARL MYERS ENTERPRISES INC Total Fees Paid: $0.00 Employee: CW State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 3 202303230567 Index IndexNO. INDEX ##:: I2016007575 000920-2017 I2016007575 FILED: MONROE COUNTY CLERK 03/23/2023 12:00 PM NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 03/23/2023 2 of 3 202303230567 IndexNO. INDEX #: 000920-2017 I2016007575 I2016007575 FILED: MONROE COUNTY CLERK 03/23/2023 12:00 PM NYSCEF DOC. NO. 172 RECEIVED NYSCEF: 03/23/2023 3 of 3