STATE OF NEW YORK

SUPREME COURT : COUNTY OF CHAUTAUQUA

 

KEY BANK OF NEW YORK,

Plaintiff,

 

-vs- Index #H-07202

 

JAMES P. SIRIANNO,

ALICE A. SIRIANNO, a/k/a ALICE A MADDOX,

PETER J. SIRIANNO,

NEW YORK STATE COMMISSIONER

OF TAXATION AND FINANCE,

"JOHN DOE" AND "JANE DOE",

 

Defendants.

 

JOHNSON, PETERSON, TENER

& ANDERSON (Ward W.

Westerberg, Esq. of Counsel)

for Plaintiff


CHARLES EDWARD FAGAN, ESQ.

for Defendant James Sirianno


ILARDO & ILARDO

(Edwin Ilardo, Esq. of Counsel)

for Defendant Peter Sirianno


DAVIS, AUGELLO, MATTELIANO &

GERSTEN, ESQS. (Mark J. Fuzak,

Esq. of Counsel) for Defendant

Peter Sirianno


FREDERICK A. LARSON & ASSOC.

(Robert R. Kinne, Esq. of

Counsel) Appearing as Objector



MEMORANDUM DECISION and ORDER



GERACE, J.


The December 1, 1994 Decision and Order of this Court

directed the Receiver to pay over to Key Bank the sum of

$14,459.35 after paying certain charges incurred for "the

expense of protecting the property or changing it into

money." A hearing on the objections to the accounting was

held December 19,1994, and adjourned to a date to be set by

the Court.


Overlooked by all who appeared were the following

claims: Ames Insurance of $500 for the bond premium;

advertising charges by the Evening Observer of $35.64; the Post Journal of $39.90; Warren Times of $41.20; City

of Jamestown electric charges of $98.89; National Fuel bill

for $83.93; Jones-Carrol bill of $390.23 for waste from the

auction; all of which the Court considers were necessary to

protect the property in question or necessary conduct the

auction.


The Receiver is directed to make these payments from the

funds on hand, and, pay over to Key Bank the principal

balance of $13,269.56, The Receiver is also directed to make the payments directed in the December 1, 1994 Decision/Order to Messrs. Fagan, Kinne, and Dorey.



If the Receiver has made any payment toward any of the

above obligations, he may reimburse himself and account to

the Court for such reimbursement at the time he accounts for

the payments directed by this Order.


The Receiver is directed to send a copy of this order to

each of the above named creditors along with his Receiver's

check.


The hearing on the accounting is scheduled for

WEDNESDAY, MARCH 22, 1995 at 10:00 A.M.


This is the decision and order of this Court. No further order shall be necessary.


Dated: March 9, 1995

Mayville, New York



 

JOSEPH GERACE

Justice of Supreme Court