New York State Court of Claims

New York State Court of Claims
FREDERICK v. MUSTAMED ASSOCIATES, INC., LEON PETROLEUM, LLC, INDEPENDENCE COMMUNITY BANK, NEW YORK STATE COMMISSION OF TAXATION AND FINANCE, SUFFOLK COUNTY TREASURER, VILLAGE OF LAKE GROVE, CERTILMAN, BALIN, ADLER & HYMAN, LLP, THOMAS P. DINAPOLI, COMPTROLLER, AND ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, # 2019-050-013, Claim No. None

Synopsis

Petition for the distribution of funds deposited into an eminent domain account pursuant to EDPL 304 and Court of Claims Act 23 is granted.

Case information

UID: 2019-050-013
Claimant(s): IN THE MATTER OF THE APPLICATION OF ROBERT FREDERICK AND GEORGE WILLIAM BECKER, AS EXECUTOR OF THE ESTATE OF MARILYN BECKER FOR AN ORDER DIRECTING DISTRIBUTION OF A SUM DEPOSITED PURSUANT TO 304 OF THE EMINENT DOMAIN PROCEDURE LAW
Claimant short name: FREDERICK
Footnote (claimant name) :
Defendant(s): MUSTAMED ASSOCIATES, INC., LEON PETROLEUM, LLC, INDEPENDENCE COMMUNITY BANK, NEW YORK STATE COMMISSION OF TAXATION AND FINANCE, SUFFOLK COUNTY TREASURER, VILLAGE OF LAKE GROVE, CERTILMAN, BALIN, ADLER & HYMAN, LLP, THOMAS P. DINAPOLI, COMPTROLLER, AND ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): None
Motion number(s): SP-195
Cross-motion number(s):
Judge: STEPHEN J. LYNCH
Claimant's attorney: For Petitioner:
Certilman, Balin, Adler & Hyman, LLP
By: Dale Allinson, Esq.
Defendant's attorney: For Respondent the Attorney General of the State of New York and the Comptroller of the State of New York and New York State Commissioner of Taxation and Finance:
Hon. Letitia James, Attorney General
By: Michele M. Walls, Assistant Attorney General & Christopher Gatto, Assistant Attorney General
Third-party defendant's attorney:
Signature date: April 8, 2019
City: Hauppauge
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Petitioner, Mustamed Associates, Inc., seeks an order (SP-195) for the final distribution of the sum deposited into Eminent Domain Account W060559 under EDPL 304 (E) (1) pursuant to Court of Claims Act (CCA) 23. The funds deposited into account W060559 were proceeds from a settlement of a claim (C-117841) for the appropriation of real property located in Suffolk County, New York.

This motion is the fourth seeking distribution of funds from this Eminent Domain account. Details of the three previous motions (SP-165, SP-189, SP-193) are set forth in this Court's Decision and Order filed December 4, 2017 in SP-189 and also Decision and Order filed October 3, 2018 in SP-193, and need not be repeated further herein. In each of those proceedings, certain sums were awarded to identified interested parties but a balance remains after those payments have been issued. This motion seeks distribution of all remaining funds which, as of December 5, 2018, totaled $18,243.55 plus accruing interest.

This Court signed an Order to Show Cause on November 30, 2018 which was made returnable on January 22, 2019. A hearing was held on the return date at which time only petitioner and the State of New York respondents (Thomas P. DiNapoli, as Comptroller, Letitia James, as Attorney General and New York State Commissioner of Taxation and Finance) appeared. According to the affidavits of service filed by petitioner, service of the Order to Show Cause and Verified Petition was made upon each of the nine other interested parties identified by the State: Leon Petroleum, LLC; Independence Community Bank; New York State Commissioner of Taxation and Finance; Suffolk County Treasurer; Village of Lake Grove; Thomas P. DiNapoli, Comptroller; Edward M. Johnson; Mustafa Kayasekuk; and the Office of the New York State Attorney General. Only the State respondents filed an answer which did not raise any substantive objections to the relief requested. In sum, the allegations in the verified petition are uncontroverted and sufficient to establish petitioner's superior interest to the funds.

Accordingly, having obtained jurisdiction, the Court hereby grants the petition and the Comptroller of the State of New York is directed to distribute and pay to petitioner $18,243.55, plus any accrued interest, from the account W060559 no sooner than sixty (60) days following the service (by petitioner's attorney) of this decision and order, with notice of its entry, upon all interested parties set forth in the Order to Show Cause dated November 30, 2018; the petitioner shall file the affidavits of such service with the Clerk of this Court within thirty (30) days of the date of filing of this decision and order.

April 8, 2019

Hauppauge, New York

STEPHEN J. LYNCH

Judge of the Court of Claims

The following papers were read and considered by the Court on the petitioner's order to show cause:

1. Order to Show Cause, Verified Petition with Exhibits.

2. Supplemental Affirmation in Support of Order to Show Cause.

3. State Respondent's Affirmation.

4. Verified Answer of State Respondent.

5. Additional Affirmation in Support of Order to Show Cause.