STATE OF NEW YORK
SUPREME COURT : COUNTY OF CHAUTAUQUA
KEY BANK OF NEW YORK,
-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",
JOHNSON, PETERSON, TENER
& ANDERSON (Ward W.
Westerberg, Esq. of Counsel)
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
FREDERICK A. LARSON & ASSOC.
(Robert R. Kinne, Esq. of
Counsel) Appearing as Objector
MEMORANDUM DECISION and ORDER
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
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
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
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
Justice of Supreme Court