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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
_______________________________ .____________ _______
DONALD DUKSA and ELIZABETH DUKSA,
Plaintiffs, DEFAULT JUDGMENT
-against-
THE ESSELL FARMS, LLC, Index No.: E012021016934
Defendant.
____________------------____________________ __________
The above entitled action having been commenced by the plaintiffs, Donald Duksa and
Elizabeth Duksa, to determine claims to real property located at 1804 County Route 7, Town of
Ancram, County of Columbia and State of New York, and for other relief, as more fully described
in the complaint and supplemental affirmation of Allan B. Rappleyea, and plaintiffs having
appeared by Corbally, Gartland and Rappleyea, LLP, Allan B. Rappleyea, Esq., itsattorneys, and
22nd
upon the affirmation of regularity of Allan B. Rappleyea, Esq. affirmed the day of July, 2021,
the affidavit of merit of plaintiffs, Donald Duksa and Elizabeth Duksa, by Donald Duksa, sworn
23rd
to the day of July, 2021, and the supplemental affirmation of Allan B. Rappleyea, Esq.
24th
affirmed the day of August, 2021, from which it appears that the defendant has been duly
served with the summons and complaint in this action and that defendant has not appeared,
answered or moved to dismiss and the time for the same having expired,
NOW, on motion of Corbally, Gartland and Rappleyea, LLP by Allan B. Rappleyea,
attorneys for the plaintiffs, itis
ORDERED, ADJUDGED AND DECREED that the title of plaintiffs to the premises
located at 1804 County Route 7, Town of Ancram, County of Columbia and State of New York
(Tax parcel ID 197.-1-18), as more fully described herein in Schedule "A", is held free and clear
of claim, interest or lien that defendant may claim and any claim by defendant is without any
any
validity, force or effect, and itis further
ORDERED, ADJUDGED AND DECREED that the defendant and every person claiming
under defendant be and they hereby are forever barred from asserting any claim, interest of title or
lien to the premises located at 1804 County Route 7, Town of Ancram, County of Columbia and
State of New York (tax parcel ID 197.-1-18), as more fully described in Schedule "A", and
defendant is barred from asserting any interest of any kind or nature in said property, the invalidity
of which has been established by this action.
Dated: Poughkeepsie, New York
July __, 2021
Enter,
HON.
INDEX NO. E012021016934
COLUMBIA COUNTY CLERK 06/11/2021 10:43 AM1
°°° "° ² RECEWED NECE0 06 /11/2021
First American Title Insurance
Company
Issued by
SMPR TITLE AGENCY, 1NC.
SCHEDULE A DESCRIPTION
ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying and being in the Town of Ancram, County of Columbia and State of New York,
bounded and described as follows:
BEGINNING at a point in the southerly side of the county Highway leading from West Copake to
30° 38'
Ancram, which point is north west 17-1/10 feet from an iron driven in the ground, and runs
80° 15'
from thence by needle of October 13, 1932, along said highway south east 428-17/100 feet
to a point in the southerly side of said highway and at lands ofAlbert C. Bristol,formerly of Harold
59° 38'
Shultz, said point being north east 7-4/10 feet from an irondriven in the ground, thence along
59° 38'
said lands of said Shultz, formerly, south west 326-17/100 feet to an iron driven in the
30° 38'
ground, thence, leavirigsaid Shultz land, formerly, North west 277-4/10 feet along lands of
Frank Tompkins tothe beginning.
FOR INROFMATION ONLY, NOT INSURED: Containing 1-3/10 acres of land.
EXCEPTING AND RESERVING a 0.092 acre parcel conveyed by J. & R. Martilotta by deed dated
January 22, 1974 to the County of Columbia, for highway purposes, which deed was recorded
January 30, 1974 in Liber 505 of Deeds at page 502 in the officeof the Clerk of Columbia County.
Schedule A - Legal Description - Page 1 of1
SMPR Order No.: M-073362
RrstAmerican Title insurance
comp-=y - SMPR mtle Agency,Inc. Date: Scg=±:r 17,2019
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA _______________________________ .____________ _______ DONALD DUKSA and ELIZABETH DUKSA, Plaintiffs, DEFAULT JUDGMENT -against- THE ESSELL FARMS, LLC, Index No.: E012021016934 Defendant. ____________------------____________________ __________ The above entitled action having been commenced by the plaintiffs, Donald Duksa and Elizabeth Duksa, to determine claims to real property located at 1804 County Route 7, Town of Ancram, County of Columbia and State of New York, and for other relief, as more fully described in the complaint and supplemental affirmation of Allan B. Rappleyea, and plaintiffs having appeared by Corbally, Gartland and Rappleyea, LLP, Allan B. Rappleyea, Esq., itsattorneys, and 22nd upon the affirmation of regularity of Allan B. Rappleyea, Esq. affirmed the day of July, 2021, the affidavit of merit of plaintiffs, Donald Duksa and Elizabeth Duksa, by Donald Duksa, sworn 23rd to the day of July, 2021, and the supplemental affirmation of Allan B. Rappleyea, Esq. 24th affirmed the day of August, 2021, from which it appears that the defendant has been duly served with the summons and complaint in this action and that defendant has not appeared, answered or moved to dismiss and the time for the same having expired, NOW, on motion of Corbally, Gartland and Rappleyea, LLP by Allan B. Rappleyea, attorneys for the plaintiffs, itis ORDERED, ADJUDGED AND DECREED that the title of plaintiffs to the premises located at 1804 County Route 7, Town of Ancram, County of Columbia and State of New York (Tax parcel ID 197.-1-18), as more fully described herein in Schedule "A", is held free and clear of claim, interest or lien that defendant may claim and any claim by defendant is without any any validity, force or effect, and itis further ORDERED, ADJUDGED AND DECREED that the defendant and every person claiming under defendant be and they hereby are forever barred from asserting any claim, interest of title or lien to the premises located at 1804 County Route 7, Town of Ancram, County of Columbia and State of New York (tax parcel ID 197.-1-18), as more fully described in Schedule "A", and defendant is barred from asserting any interest of any kind or nature in said property, the invalidity of which has been established by this action. Dated: Poughkeepsie, New York July __, 2021 Enter, HON. INDEX NO. E012021016934 COLUMBIA COUNTY CLERK 06/11/2021 10:43 AM1 °°° "° ² RECEWED NECE0 06 /11/2021 First American Title Insurance Company Issued by SMPR TITLE AGENCY, 1NC. SCHEDULE A DESCRIPTION ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Ancram, County of Columbia and State of New York, bounded and described as follows: BEGINNING at a point in the southerly side of the county Highway leading from West Copake to 30° 38' Ancram, which point is north west 17-1/10 feet from an iron driven in the ground, and runs 80° 15' from thence by needle of October 13, 1932, along said highway south east 428-17/100 feet to a point in the southerly side of said highway and at lands ofAlbert C. Bristol,formerly of Harold 59° 38' Shultz, said point being north east 7-4/10 feet from an irondriven in the ground, thence along 59° 38' said lands of said Shultz, formerly, south west 326-17/100 feet to an iron driven in the 30° 38' ground, thence, leavirigsaid Shultz land, formerly, North west 277-4/10 feet along lands of Frank Tompkins tothe beginning. FOR INROFMATION ONLY, NOT INSURED: Containing 1-3/10 acres of land. EXCEPTING AND RESERVING a 0.092 acre parcel conveyed by J. & R. Martilotta by deed dated January 22, 1974 to the County of Columbia, for highway purposes, which deed was recorded January 30, 1974 in Liber 505 of Deeds at page 502 in the officeof the Clerk of Columbia County. Schedule A - Legal Description - Page 1 of1 SMPR Order No.: M-073362 RrstAmerican Title insurance comp-=y - SMPR mtle Agency,Inc. Date: Scg=±:r 17,2019