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Town Of Marbletown v. Duchess Farm Equestrian Community, Llc, Michael Warren

On March 13, 2020 a real property - other (declaratory judgment) case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Ulster County, NY. Judge James P presiding.

Case Details

Case Number

(Subscribe to View)   

Filing Date

March 13, 2020

Last Refreshed

June 09, 2024

Filing Location

Ulster County, NY

Filing Court House

Supreme

OTHER JUDGES ON THIS CASE

Richard Mott;

Judge

Hon. James P   

Category

Real Property - Other (Declaratory judgment)

Practice Area

Property

Matter Type

General Property

Status

Judgment on Appeal

OTHER JUDGES ON THIS CASE

Parties

Plaintiffs

Town Of Marbletown

Attorneys for Plaintiffs

Bacon, James Bryan
Boughrum, Andrew Livingston
Kellogg, Tracy Melinda
Pressler, Kelly Ann

Defendants

Duchess Farm Equestrian Community, Llc
Michael Warren

Attorneys for Defendants

Barnett, Kyle William
Barone, Gardiner Shearman
Kalter, Ivan
Newman, Brian Michael
Replansky, Warren Stuart
Wilson, Sarah Nicole

Other Parties

Robert Eckhardt (Non Party)
Stewart, Jennifer L (Attorney)

Case Documents

NOTICE OF ENTRY

Date: May 04, 2024

AFFIDAVIT

Date: Mar 22, 2024

AFFIDAVIT (Motion 005)

Date: Mar 22, 2024

AFFIDAVIT (Motion 005)

Date: Mar 22, 2024

AFFIRMATION (Motion 005)

Date: Mar 22, 2024

TRANSCRIPT - SO ORDERED

Date: Feb 16, 2023

COURT NOTICE

Date: Jan 05, 2023

NOTICE OF APPEAL

Date: Jan 03, 2023

NOTICE OF ENTRY

Date: Dec 23, 2022

COURT NOTICE

Date: Nov 17, 2022

ORDER - TRIAL SCHEDULING

Date: Aug 18, 2022

AFFIDAVIT

Date: Aug 01, 2022

COURT NOTICE

Date: Aug 01, 2022

COURT NOTICE

Date: Jul 28, 2022

AFFIDAVIT (Motion 004)

Date: Mar 16, 2022

COURT NOTICE

Date: Mar 15, 2022

COURT NOTICE

Date: Mar 09, 2022

COURT NOTICE

Date: Feb 01, 2022

ORDER - TRIAL SCHEDULING

Date: Nov 29, 2021

NOTE OF ISSUE:WITH JURY

Date: Nov 24, 2021

RESPONSE TO DEMAND

Date: Sep 30, 2021

RESPONSE TO DEMAND

Date: Sep 30, 2021

DEMAND FOR:

Date: Sep 07, 2021

COPY OF SUBPOENA

Date: Sep 02, 2021

ORDER - AMENDED

Date: Sep 02, 2021

RESPONSE TO DEMAND

Date: Sep 01, 2021

RESPONSE TO DEMAND

Date: Sep 01, 2021

RESPONSE TO DEMAND

Date: Aug 25, 2021

BILL OF PARTICULARS

Date: Jul 09, 2021

COPY OF SUBPOENA

Date: Jul 01, 2021

PROOF OF SERVICE

Date: Jul 01, 2021

PROOF OF SERVICE

Date: Jun 30, 2021

COPY OF SUBPOENA

Date: Jun 30, 2021

COPY OF SUBPOENA

Date: Jun 30, 2021

COPY OF SUBPOENA

Date: Jun 30, 2021

PROOF OF SERVICE

Date: Jun 30, 2021

PROOF OF SERVICE

Date: Jun 30, 2021

COPY OF SUBPOENA

Date: Jun 30, 2021

PROOF OF SERVICE

Date: Jun 30, 2021

COPY OF SUBPOENA

Date: Jun 28, 2021

EXHIBIT(S) - 2

Date: May 07, 2021

EXHIBIT(S) - 1

Date: May 07, 2021

BILL OF PARTICULARS

Date: May 07, 2021

STIPULATION - SO ORDERED

Date: Apr 20, 2021

INFORMATIONAL STATEMENT

Date: Mar 10, 2021

NOTICE OF APPEAL

Date: Mar 04, 2021

DEMAND FOR:

Date: Feb 27, 2021

JUDGMENT

Date: Feb 10, 2021

DEMAND FOR:

Date: Feb 05, 2021

DEMAND FOR:

Date: Feb 04, 2021

DEMAND FOR:

Date: Feb 04, 2021

DEMAND FOR:

Date: Feb 04, 2021

STIPULATION - SO ORDERED

Date: Nov 05, 2020

NOTICE TO ADMIT

Date: Aug 15, 2020

ORDER - OTHER

Date: May 08, 2020

NOTICE OF PENDENCY

Date: Mar 17, 2020

COMPLAINT

Date: Mar 13, 2020

EXHIBIT(S) - H

Date: Mar 13, 2020

EXHIBIT(S) - D

Date: Mar 13, 2020

EXHIBIT(S) - G

Date: Mar 13, 2020

EXHIBIT(S) - F

Date: Mar 13, 2020

SUMMONS

Date: Mar 13, 2020

EXHIBIT(S) - E

Date: Mar 13, 2020

EXHIBIT(S) - B

Date: Mar 13, 2020

EXHIBIT(S) - C

Date: Mar 13, 2020

EXHIBIT(S) - I

Date: Mar 13, 2020

EXHIBIT(S) - J

Date: Mar 13, 2020

EXHIBIT(S) - A

Date: Mar 13, 2020

Case Events

Type Description
Docket Event Notice of Entry with decision
Docket Event DECISION + ORDER ON MOTION (Motion #005)
Docket Event DECISION + ORDER ON MOTION (Motion #006)
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Docket Event LETTER / CORRESPONDENCE TO JUDGE Letter request with attachment
Letter request with attachment Redacted
Docket Event EXHIBIT(S) - A (Motion #001)
DEC correspondence to Parete re: SWPPP
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION (Motion #001)
Affidavit of Richard Parete
Docket Event EXHIBIT(S) - A (Motion #001)
CPL response to North affidavit
Docket Event EXHIBIT(S) - B (Motion #001)
Ethics Code
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION (Motion #001)
Affirmation in Opposition
Docket Event EXHIBIT(S) - 1 (Motion #001)
Defendant's filing of a mechanics lien vs. affiant
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Response letter to untimely cross motion
Docket Event EXHIBIT(S) - B (Motion #005)
Mott Decision/ Order
Docket Event Affidavit of service completed 2/23/24
Docket Event LETTER / CORRESPONDENCE TO JUDGE (Motion #005)
Docket Event EXHIBIT(S) - C (Motion #005)
Stipulation
Docket Event EXHIBIT(S) - A (Motion #005)
Email to CPL
Docket Event EXHIBIT(S) - D (Motion #005)
CPL bills
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001)
Affirmation in support upon defendant's failure to answer
Docket Event AFFIDAVIT (Motion #005)
Mike North, PE Affidavit
Docket Event EXHIBIT(S) - I (Motion #005)
Aerial road within bounds & polls
Docket Event EXHIBIT(S) - F (Motion #005)
Road photo
Docket Event LETTER/CORRESPONDENCE FROM COURT
Docket Event EXHIBIT(S) - E (Motion #005)
John Post Affidavit
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Docket Event AFFIDAVIT (Motion #005)
Affidavit of Mike Warren
Docket Event EXHIBIT(S) - A (Motion #005)
Subdivision map
Docket Event LETTER / CORRESPONDENCE TO JUDGE (Motion #006)
Docket Event AFFIRMATION (Motion #005)
Kyle Barnett, Esq. Affirmation
Docket Event EXHIBIT(S) - B (Motion #005)
Revised driveway and culvert
Docket Event NOTICE OF CROSS-MOTION (Motion #006)
Docket Event EXHIBIT(S) - G (Motion #005)
Road Curve and Polls Photo
Docket Event EXHIBIT(S) - H (Motion #005)
Aerial
Docket Event EXHIBIT(S) - J (Motion #005)
Link to road
Docket Event ORDER TO SHOW CAUSE (Motion #005)
signed OTSC pages
Docket Event EXHIBIT(S) - A (Motion #005)
Transcript of Settlement
Docket Event EXHIBIT(S) - B (Motion #005)
CPL letter
Docket Event EXHIBIT(S) - C (Motion #005)
Invoices
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #005)
Docket Event EXHIBIT(S) - F (Motion #005)
Cohen Affirmation
Docket Event LETTER / CORRESPONDENCE TO JUDGE (Motion #005)
Letter to Judge Gandin
Docket Event EXHIBIT(S) - D (Motion #005)
Newman Affirmation
Docket Event ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #005)
Docket Event EXHIBIT(S) - E (Motion #005)
Lewis Affirmation
Docket Event LETTER/CORRESPONDENCE FROM COURT
Docket Event STIPULATION - CANCELLATION OF NOTICE OF PENDENCY *Corrected*
SBL 69.2-5-22.129
Docket Event STIPULATION - CANCELLATION OF NOTICE OF PENDENCY *Corrected*
SBL 69.2-5-22.126
Docket Event STIPULATION - CANCELLATION OF NOTICE OF PENDENCY *Corrected*
SBL 69.2-5-22.123
Docket Event STIPULATION - CANCELLATION OF NOTICE OF PENDENCY *Corrected*
SBL 69.2-5-22.121
Docket Event STIPULATION - CANCELLATION OF NOTICE OF PENDENCY *Corrected*
SBL 69.2-5-22.130
Docket Event TRANSCRIPT - SO ORDERED
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Letter to Judge Gandin with Settlement Transcript to So Order
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE
Affidavit of Service
Docket Event NOTICE OF DEPOSITION/SUBPOENA
Jospeh Mihm w/ Affidavit of Service
Docket Event NOTICE OF DEPOSITION/SUBPOENA
Maggie Colan w/ Affidavit of Service
Docket Event NOTICE OF DEPOSITION/SUBPOENA
Richard Lanzarone w/ Affidavit of Service
Docket Event NOTICE OF DEPOSITION/SUBPOENA
William Mensche w/ Affidavit of Service
Docket Event NOTICE OF APPEARANCE (POST RJI)
Docket Event NOTICE OF DEPOSITION/SUBPOENA
Robert Lapp/Robert Lapp Excavating w/ Affidavit of Service
Docket Event NOTICE OF DEPOSITION/SUBPOENA
John J. Post, Jr. w/ Affidavit of Service
Docket Event NOTICE OF DEPOSITION/SUBPOENA
David Allen
Docket Event NOTICE OF DEPOSITION/SUBPOENA
Richard Parete
Docket Event STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Sarah N. Wilson, Esq.
Docket Event NOTICE OF DEPOSITION/SUBPOENA
David Warren/Warren Building w/ Affidavit of Service
Docket Event NOTICE OF DEPOSITION/SUBPOENA
Scott B. Ugell/Bella Talia Farms LTD w/ Affidavit of Service
Docket Event COURT NOTICE
Docket Event CONSENT TO CHANGE ATTORNEY (POST RJI)
Consent to Change Attorney
Docket Event NOTICE OF APPEARANCE (POST RJI)
Notice of Appearance
Docket Event Notice of Appeal and Decision/Order with Notice of Entry
Docket Event INFORMATIONAL STATEMENT *Corrected*
Appellate Division, Third Department Informational Statement, Notice of Appeal, Notice of Entry and Decision
Docket Event Notice of Entry of Decision/Order
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE
Affidavit of Service
Docket Event DECISION + ORDER ON MOTION (Motion #003)
Docket Event Statement of Authorization for Electronic Filing
Docket Event CONSENT TO CHANGE ATTORNEY (POST RJI)
Consent to Change Attorney
Docket Event COURT NOTICE
Docket Event ORDER - TRIAL SCHEDULING
Docket Event Affidavit of Actual Engagement
Docket Event COURT NOTICE
Filing on Behalf of - Justice Richard Mott
Docket Event COURT NOTICE
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Letter to Court requesting trial date
Docket Event LETTER / CORRESPONDENCE TO JUDGE *Corrected*
Corrected Letter to Judge Mott
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Letter to Judge requesting additional time to report re settlement
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Correspondence to Judge Mott
Docket Event LETTER/CORRESPONDENCE - SO ORDERED (Motion #004)
Docket Event ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #004)
Docket Event EXHIBIT(S) - E (Motion #004)
Photos of Additional Work
Docket Event EXHIBIT(S) - B (Motion #004)
DEC Notice
Docket Event EXHIBIT(S) - D (Motion #004)
Photo of No Trespassing Signs
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #004)
Emergency Affirmation
Docket Event EXHIBIT(S) - A (Motion #004)
Warren Email of 3/15/22
Docket Event EXHIBIT(S) - C (Motion #004)
Photo of Cleared Drain
Docket Event EXHIBIT(S) - F (Motion #004)
TRO Notice
Docket Event AFFIDAVIT (Motion #004)
Docket Event COURT NOTICE
Docket Event COURT NOTICE
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #003)
Reply Affirmation of Gardiner S. Barone, Esq.
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #003)
Reply Affidavit of John Post, Jr.
Docket Event EXHIBIT(S) - A (Motion #003)
Exhibit A- Title Report Documents
Docket Event MEMORANDUM OF LAW IN REPLY (Motion #003)
Reply Memorandum of Law
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #003)
Reply Affirmation of Brian M. Newman, Esq.
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #003)
Reply Affidavit of Michael Warren
Docket Event EXHIBIT(S) - 2 (Motion #003)
Exhibit 2-AG letter
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affidavit of Karla Johnsen
Docket Event EXHIBIT(S) - 1 (Motion #003)
Exhibit 1-CPS7
Docket Event EXHIBIT(S) - 1 (Motion #003)
Exhibit 1-Davis reports
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affidavit of Scott Davis
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affirmation of Kenneth Jacobs
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affirmation in Opposition to Motion for Summary Judgment
Docket Event EXHIBIT(S) - 1 (Motion #003)
Exhibit 1-AG complaint
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affidavit of Scott Elder
Docket Event RESPONSE TO STATEMENT OF MATERIAL FACTS (Motion #003)
Counterstatement to defendant Statement of Material Facts
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affidavit of Richard Newman
Docket Event EXHIBIT(S) - B (Motion #003)
Exhibit B-Mihm EBT
Docket Event EXHIBIT(S) - C (Motion #003)
Exhibit C-Marks EBT
Docket Event EXHIBIT(S) - 2 (Motion #003)
Exhibit 2-Plan/Amendment
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affidavit of Richard Parete
Docket Event EXHIBIT(S) - A (Motion #003)
Exhibit A-Lapp letter
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affidavit of Matthew Lewis
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affidavit of Robert Eckhardt
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affidavit of Elizabeth Kane
Docket Event EXHIBIT(S) - 2 (Motion #003)
Exhibit 2-DEC complaint
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003)
Affidavit of Mark DeBellis
Docket Event ORDER - COMPLIANCE CONFERENCE
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE
Affidavit of Service
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE
Affidavit of Service of Co Counsel
Docket Event NOTICE OF APPEARANCE (POST RJI) *Corrected*
Notice of Appearance by Co-Counsel
Docket Event STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING
Kyle W. Barnett, Esq.
Docket Event COURT NOTICE
Filing on Behalf of - Hon. Richard Mott Trellis Spinner 👉 Discover key insights by exploring more analytics for
Docket Event LETTER / CORRESPONDENCE TO JUDGE (Motion #003)
Letter to Judge Mott requesting adjournment of motion pending outcome of 2/10/22 conference
Docket Event EXHIBIT(S) - F (Motion #003)
Exhibit F- Transcript of Deposition of Scott Davis
Docket Event EXHIBIT(S) - B (Motion #003)
Transcript of Maggie Colan Deposition
Docket Event EXHIBIT(S) - N (Motion #003)
Exhibit N- 2020 Statements from Subdivision Residents
Docket Event EXHIBIT(S) - O (Motion #003)
Exhibit O- Signed Statement from Contractor
Docket Event EXHIBIT(S) - J (Motion #003)
Exhibit J- Transcript of Deposition of Richard Parete in Separate Action
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003)
Affidavit of Michael North
Docket Event EXHIBIT(S) - A (Motion #003)
Exhibit A- February 5, 2021 Survey of John Post
Docket Event MEMORANDUM OF LAW IN SUPPORT (Motion #003) *Corrected*
Memorandum of Law in Support
Docket Event EXHIBIT(S) - C (Motion #003)
Exhibit C- January 7, 2020 Letter re Building Permits
Docket Event EXHIBIT(S) - B (Motion #003)
Exhibit B- January 6, 2020 email
Docket Event EXHIBIT(S) - A (Motion #003)
Exhibit A- 2017 Email from Peak Engineering to Richard Parete
Docket Event EXHIBIT(S) - M (Motion #003) Exhibit M- Contract of Sale for Lot 16 signed by Purchaser
Exhibit M- Contract of Sale for Lot 16 signed by Purchaser Possible SSN Administratively Redacted
Docket Event NOTICE OF MOTION (Motion #003) *Corrected*
Notice of Motion for Summary Judgment
Docket Event STATEMENT OF MATERIAL FACTS (Motion #003) *Corrected*
Statement of Material Facts
Docket Event EXHIBIT(S) - A (Motion #003)
Exhibit A- April 2020 Email Chain
Docket Event EXHIBIT(S) - C (Motion #003)
Exhibit C- Transcript of Deposition of Joseph Mihm
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003) *Corrected*
Affidavit of Deborah Warren
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003)
Affirmation of Joseph Scarmato
Docket Event EXHIBIT(S) - I (Motion #003)
Exhibit I- Transcript of Deposition of Arthur Lapp
Docket Event EXHIBIT(S) - B (Motion #003)
Exhibit B- Conveyance of Roads to HOA
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003) *Corrected*
Affidavit of Michael Warren in Support
Docket Event EXHIBIT(S) - D (Motion #003)
Exhibit D- Transcript of Ray Van Kleeck
Docket Event EXHIBIT(S) - E (Motion #003)
Exhibit E- Transcript of Deposition of Douglas Stevens
Docket Event EXHIBIT(S) - A (Motion #003)
Exhibit A- Incorporation of HOA
Docket Event EXHIBIT(S) - B (Motion #003)
Exhibit B- CAD of Post Survey
Docket Event EXHIBIT(S) - L (Motion #003)
Exhibit L- Documents regarding loss of sale of Lot 11
Docket Event EXHIBIT(S) - H (Motion #003)
Exhibit H- Transcript of Deposition of Shawn Marks
Docket Event EXHIBIT(S) - K (Motion #003)
Exhibit K- Email from NYSDOT Confirming Prior Sign-off of Warren Way
Docket Event EXHIBIT(S) - G (Motion #003)
Exhibit G- Transcript of Deposition of Dave Allen
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Docket Event ORDER - TRIAL SCHEDULING
hearing

Judge: Mott, Hon. Richard L.

Docket Event NOTE OF ISSUE:WITH JURY
Docket Event RESPONSE TO DEMAND
to Second Demand for Discovery & Inspection
Docket Event RESPONSE TO DEMAND
to First Demand for Discovery & Inspection
Docket Event DEMAND FOR:
Defendant's Second Demand for Discovery & Inspection
Docket Event COPY OF SUBPOENA
Copy of So-Ordered Subpoena to Shafran & Rock with Affirmation of Service
Docket Event ORDER - AMENDED
Signed Amended Conference Stipulation and Order
hearing Held

Judge: Mott, Hon. Richard L.

Docket Event RESPONSE TO DEMAND
to Defendant's Demand for Insurance Information, Statements, Photographs, etc.
Docket Event RESPONSE TO DEMAND
to Defendant's Demand for Discovery of Expert Witness Information
Docket Event RESPONSE TO DEMAND
Defendant's Supplemental Production of Videos
Docket Event NOTICE OF APPEARANCE (POST RJI)
Docket Event CONSENT TO CHANGE ATTORNEY (POST RJI) *Corrected*
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE
Docket Event NOTICE OF DEPOSITION/SUBPOENA
Docket Event BILL OF PARTICULARS
Docket Event COPY OF SUBPOENA
Copy of deposition subpoena to Scott Davis
Docket Event Proof of Service of Davis Subpoena
Docket Event Proof of Service of Stevens Subpoena
Docket Event COPY OF SUBPOENA
Copy of deposition subpoena to Arthur Lapp
Docket Event COPY OF SUBPOENA
Copy of deposition subpoena to Douglas Stevens
Docket Event COPY OF SUBPOENA
Copy of deposition subpoena to Maggie Colan
Docket Event Proof of Service of Lapp Subpoena
Docket Event Proof of Service of Colan Subpoena
Docket Event COPY OF SUBPOENA
Copy of deposition subpoena to Nadine Carney
Docket Event Proof of Service of Carney Subpoena
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE
Affirmation of Service
Docket Event Copy of Subpoena to Shafran & Rock, PLLC
Docket Event EXHIBIT(S) - 2
Stormwater Maintenance Plan Sheet 13 of 13
Docket Event EXHIBIT(S) - 1
Filed Map stormwater details Sheet 12 of 13
Docket Event BILL OF PARTICULARS
Verified Bill of Particulars
Docket Event STIPULATION - SO ORDERED
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Letter to Court regarding Stipulation to So-Order
Docket Event STIPULATION - CONFIDENTIALITY ( REQUEST TO SO ORDER )
Stipulation regarding Protective Order That the Parties Agreed to be Bound By
Docket Event Informational statement
Docket Event INFORMATIONAL STATEMENT (Motion #002) *Corrected*
Notice of Appeal/Lower Court Decision/Informational Statement
Docket Event NOTICE OF APPEAL
Docket Event NOTICE OF APPEAL (Motion #002)
Notice of Appeal with copy of Decision and Order appealed from annexed
Docket Event DEMAND FOR:
Discovery Demand
Docket Event ORDER - OTHER (Motion #002) *Corrected*
Bill of Costs and Order of Dismissal
Docket Event JUDGMENT
hearing Held

Judge: Mott, Hon. Richard L.

Docket Event DEMAND FOR:
DEFENDANTS FIRST DEMAND FOR DISCOVERY & INSPECTION
Docket Event JUDGMENT -TO COURT (PROPOSED) *Corrected*
Proposed Judgment Dismissing Complaint Against Michael Warren
Docket Event DEMAND FOR BILL OF PARTICULARS
Defendant's Demand for Plaintiff's Bill of Particulars
Docket Event NOTICE OF CHANGE OF FIRM NAME OR ADDRESS (POST RJI)
Docket Event NOTICE OF ENTRY (Motion #001)
Notice of Entry of January 28, 2021 Decision and Order
Docket Event NOTICE OF DEPOSITION UPON ORAL EXAMINATION
Defendant's Notice to Take Deposition
Docket Event DEMAND FOR:
Defendant's Demand for Insurance Information, Statements, Photographs, etc
Docket Event DEMAND FOR:
Revocation of Service by Fax
Docket Event DEMAND FOR:
Defendant's Demand for Expert Witness
Docket Event DECISION + ORDER ON MOTION (Motion #001)
A telephonic compliance conference is scheduled for 2/9/21at 9:40 A.M. Call is to be initiated by Plaintiff's counsel.
hearing Fully Submitted (Motion #002)

Judge: Mott, Hon. Richard L.

Docket Event EXHIBIT(S) - 31 (Motion #002)
Exhibit 31- Local Law 3 of 2007
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #002)
Reply Affidavit of Michael Warren
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #002)
Affirmation of Service
Docket Event EXHIBIT(S) - 32 (Motion #002)
Exhibit 32- Local Law 4 of 2007
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #002)
Affirmation of Gardiner Barone in Reply
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #002)
Affirmation of Joe Scarmato
Docket Event MEMORANDUM OF LAW IN REPLY (Motion #002)
Reply Memorandum of Law
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #002)
Affirmation of Rebecca Millouras-Lettre
Docket Event EXHIBIT(S) - B (Motion #002)
NYSDOS filing proof of Defendants' LLC
Docket Event EXHIBIT(S) - B (Motion #002)
Peak correspondence with DOH
Docket Event EXHIBIT(S) - I (Motion #002)
Phase IV Filed Map #18-13
Docket Event EXHIBIT(S) - J (Motion #002)
Transcript of 11/15/17 Planning Board meeting
Docket Event EXHIBIT(S) - A (Motion #002)
Minutes Planning Board 11/15/17
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #002)
Affidavit of Town Assessor
Docket Event EXHIBIT(S) - F (Motion #002)
Phase I Filed Map #07-126
Docket Event EXHIBIT(S) - C (Motion #002)
Town Board minutes 3/3/20
Docket Event EXHIBIT(S) - A (Motion #002)
Defendants' correspondence to the Court
Docket Event EXHIBIT(S) - H (Motion #002)
Phase II Filed Map #11-73
Docket Event EXHIBIT(S) - G (Motion #002)
Phase II FIled Map #10-70
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #002)
Affidavit of Planning Board member Larry Ricci
Docket Event EXHIBIT(S) - B (Motion #002)
Phase IV dated resolution 1/10/18
Docket Event EXHIBIT(S) - D (Motion #002)
Town Board minutes 8/18/20
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #002)
Affidavit of Town Board member Daisy Foote
Docket Event EXHIBIT(S) - D (Motion #002)
Bond Estimate - roads and stormwater infrastructure
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #002)
Affidavit of Nadine Carney of Peak Engineering
Docket Event EXHIBIT(S) - A (Motion #002)
Peak contract with Defendant Warren
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #002)
Plaintiff attorney affirmation
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #002)
Affidavit of Cathy Parker owner of Lot 14
Docket Event MEMORANDUM OF LAW IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #002)
Docket Event EXHIBIT(S) - E (Motion #002)
Road Maintenance Agreement 7/28/09
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #002)
Affidavit of Armstrong owner of Lot 15
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #002)
Proof of service
Docket Event EXHIBIT(S) - C (Motion #002)
Defendants' 2020 "as built" survey
Docket Event EXHIBIT(S) - A (Motion #002)
Parker deed
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #002)
Affidavit of Michael Warren in Support
Docket Event EXHIBIT(S) - 21 (Motion #002)
Defense Exhibit 21- Road Maintenance Agreement
Docket Event EXHIBIT(S) - 20 (Motion #002)
Defense Exhibit 20- Duchess Farm Phase II Map approved
Docket Event NOTICE OF MOTION (Motion #002)
Notice of Motion to Dismiss
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #002)
Affirmation of Brian Newman in Support
Docket Event EXHIBIT(S) - 17 (Motion #002)
Defense Exhibit 17- Complaint
Docket Event EXHIBIT(S) - 23 (Motion #002)
Defense Exhibit 23- Duchess Farm Phase IV Map
Docket Event EXHIBIT(S) - 25 (Motion #002)
Defense Exhibit 25- September 10, 2020 Decision and Order of Richard Mott, J.S.C.
Docket Event EXHIBIT(S) - 24 (Motion #002)
Defense Exhibit 24- Bluestone Press Article
Docket Event EXHIBIT(S) - 30 (Motion #002)
Defense Exhibit 30- Minutes of August 18, 2020 Town of Marbletown Town Board Meeting
Docket Event EXHIBIT(S) - 27 (Motion #002)
Defense Exhibit 27- February 4, 2020 email by Supervisor Rich Parete
Docket Event EXHIBIT(S) - 18 (Motion #002)
Defense Exhibit 18- Answer with counterclaims
Docket Event EXHIBIT(S) - 29 (Motion #002)
Defense Exhibit 29- May 15, 2020 Bluestone Press Letter to Editor
Docket Event EXHIBIT(S) - 19 (Motion #002)
Defense Exhibit 19- Duchess Farm Phase I Map approved
Docket Event EXHIBIT(S) - 26 (Motion #002)
Defense Exhibit 26- April 6, 2020 FOIL Request
Docket Event EXHIBIT(S) - 28 (Motion #002)
Defense Exhibit 28- April 21, 2020 email chain between Supervisor Parete and Bluestone Press
Docket Event EXHIBIT(S) - 22 (Motion #002)
Defense Exhibit 22- Duchess Farm Phase III Map approved
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001)
Affidavit of Michael Warren in Opposition
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001)
Affirmation of Gardiner Barone in Opposition
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO ORDER TO SHOW CAUSE (Motion #001)
Affirmation of Brian M. Newman, Esq. in Opposition
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001)
Affirmation of Service via electronic filing
Docket Event MEMORANDUM OF LAW IN OPPOSITION (Motion #001)
Memorandum of Law in Opposition
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #002)
Affirmation of Service of Motion via electronic filing
Docket Event MEMORANDUM OF LAW IN SUPPORT (Motion #002)
Memorandum of Law in Support of Motion
Motion Dismiss (Motion #002)
Decided: 01/28/2021Granted Before Justice: Mott, Hon. Richard L.
Answer demanded: No

Judge: Mott, Hon. Richard L.

Motion Dismiss (Motion #002)
Before Justice: Mott, Hon. Richard L.
Answer demanded: No

Judge: Mott, Hon. Richard L.

Docket Event EXHIBIT(S) - I (Motion #001)
7/15/08 inspection
Docket Event EXHIBIT(S) - D (Motion #001)
Planning Board 8/10/05 minutes
Docket Event EXHIBIT(S) - J (Motion #001)
6/3/10 Planning Board minutes
Docket Event EXHIBIT(S) - G (Motion #001)
Bond Estimate - Morgan Lane
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #001)
Affidavit of Scott Davis, PE w/Exhibits A-O
Docket Event EXHIBIT(S) - L (Motion #001)
4/11/11 CPS-7 affidavit
Docket Event EXHIBIT(S) - N (Motion #001)
7/25/11 AG CPS-7 correspondence
Docket Event EXHIBIT(S) - O (Motion #001)
Road Maintenance Agreement filed 7/31/09
Docket Event EXHIBIT(S) - H (Motion #001)
3/13/08 inspection
Docket Event EXHIBIT(S) - M (Motion #001)
7/19/11 CPS-7 affidavit
Docket Event EXHIBIT(S) - K (Motion #001)
8/11/10 Planning Board minutes
Docket Event MEMORANDUM OF LAW IN REPLY (Motion #001)
Docket Event EXHIBIT(S) - E (Motion #001)
1-16-07 Road Maintenance Agreement - CPS-7
Docket Event EXHIBIT(S) - F (Motion #001)
6-26-07 AG letter
Docket Event ANSWER IN SPECIAL PROCEEDING (Motion #001)
Docket Event EXHIBIT(S) - A-1 (Motion #001)
1/7/20 Town notice to defendants
Docket Event EXHIBIT(S) - C (Motion #001)
Planning Board 6/8/05 minutes
Docket Event EXHIBIT(S) - B (Motion #001)
1-15-07 CPS-7 defendant affidavit
Docket Event EXHIBIT(S) - A (Motion #001)
Phase IV Filed Map 2/5/18
Docket Event STIPULATION - SO ORDERED
Docket Event LETTER / CORRESPONDENCE TO JUDGE *Corrected*
Docket Event LETTER / CORRESPONDENCE TO JUDGE (Motion #001) *Corrected*
Response to Defendant's 10/23/20 letter
Docket Event LETTER/CORRESPONDENCE - SO ORDERED
hearing Transferred from IAS Justice
Gilpatric (Court Activity) Trellis Spinner 👉 Discover key insights by exploring more analytics for Gilpatric, Hon. James P.

Judge: Gilpatric, Hon. James P.

Docket Event LETTER/CORRESPONDENCE - SO ORDERED
hearing Transferred from IAS Justice
Fisher (Court Activity)

Judge: Fisher, Hon. Lisa

hearing Return/Submit (Motion #001)
Mott (Motion Part)

Judge: Mott, Hon. Richard L.

hearing Preliminary Conference
Fisher (Prelim. Conference)

Judge: Fisher, Hon. Lisa

Docket Event LETTER/CORRESPONDENCE - SO ORDERED
Judge's request for recusal and reassignment.
hearing Pre Trial Conference
Fisher (Pre-Trial Conference)

Judge: Fisher, Hon. Lisa

hearing Pre Trial Conference
Fisher (Pre-Trial Conference)

Judge: Fisher, Hon. Lisa

Docket Event NOTICE TO ADMIT
Defendants' Notice to Admit Genuineness of Documents
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE *Corrected*
Affirmation of service
Docket Event AFFIRMATION/AFFIDAVIT OF SERVICE
Correction affirmation - wrong document filed earlier
Docket Event ANSWER WITH COUNTER-CLAIM(S)
Docket Event CONSENT TO CHANGE ATTORNEY (POST RJI)
Consent to Change Attorney - Defendants
Docket Event LETTER / CORRESPONDENCE TO JUDGE
Docket Event ORDER - OTHER
hearing Preliminary Conference
Fisher (Prelim. Conference)

Judge: Fisher, Hon. Lisa

hearing Adjourned (Motion #001)
Fisher (Motion Part)

Judge: Fisher, Hon. Lisa

Docket Event LETTER / CORRESPONDENCE TO JUDGE (Motion #001)
Docket Event NOTICE OF PENDENCY *Corrected*
For Lot 6a TM 69.2-5-22.121
Docket Event NOTICE OF PENDENCY
For Lot 5 TM 69.2-5-64.500
Docket Event NOTICE OF PENDENCY *Corrected*
For Lot 11 TM 69.2-5-64.110
Docket Event NOTICE OF PENDENCY *Corrected*
For Lot 20 TM 69.2-5-22.130
Docket Event NOTICE OF PENDENCY *Corrected*
For Lot 13 TM 69.2-5-22.123
Docket Event NOTICE OF PENDENCY *Corrected*
For Lot 16 TM 69.2-5-22.126
Docket Event NOTICE OF PENDENCY *Corrected*
For Lot 19 TM 69.2-5-22.129
Docket Event NOTICE OF PENDENCY *Corrected*
For Lot 6b TM 69.2-5-22.122
Docket Event ORDER TO SHOW CAUSE (Motion #001) *Corrected*
Motion (Motion #001)
Decided: 01/28/2021Decided Before Justice: Mott, Hon. Richard L.
Answer demanded: No

Judge: Mott, Hon. Richard L.

hearing Motion Filed (Motion #001)
Mott (Motion Part)

Judge: Mott, Hon. Richard L.

Motion (Motion #001)
Before Justice: Mott, Hon. Richard L.
Answer demanded: No

Judge: Mott, Hon. Richard L.

Docket Event COMPLAINT
Docket Event EXHIBIT(S) - H
Affidavit of Code Enforcement Officer
Docket Event RJI -RE: ORDER TO SHOW CAUSE
Docket Event MEMORANDUM OF LAW IN SUPPORT
Docket Event EXHIBIT(S) - D
2007 Filed Map
Docket Event EXHIBIT(S) - G
2011 Filed Map
Docket Event EXHIBIT(S) - F
2010 Filed Map
Docket Event SUMMONS
Docket Event EXHIBIT(S) - E
Town Engineer's Report
Docket Event EXHIBIT(S) - B
Road Specifications from Town Code
Docket Event EXHIBIT(S) - C
Excerpt from Town Code
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
Docket Event EXHIBIT(S) - I
Fire Chief Inspection
Docket Event EXHIBIT(S) - J
Road Maintenance Agreement
Docket Event ORDER TO SHOW CAUSE - ACCOMPANYING COMMENCEMENT DOC(S) (PROPOSED) (Motion #001)
Docket Event EXHIBIT(S) - A
Planning Board Minutes

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