Town of Montauk, Inc. v. Pataki, Gov., et. al.

Index no. 04-27553

Updated Thursday, September 7, 2006

August 17th, 2006 - 511 Equities Application for more time granted.

August 8th, 2006 - Motions decided by the court

July 21st, 2006 - Montauk's Consolidated Reply and Cross-Motion for Sanctions is fully submitted! Order or orders will be entered by the court in about two weeks.

June 22nd, 2006 - Respondents file answers to the Appeal

ATTORNEY GENERAL'S OFFICE FOR GOVERNOR PATAKI

COUNTY OF SUFFOLK ANSWER - SUFFOLK MOTION TO DISMISS AND FOR COSTS AND SANCTIONS.

TOWN BOARD ENTITY OF EASTHAMPTON ANSWER THE NATURE CONSERVANCY ANSWER SUFFOLK COUNTY WATER AUTHORITY ANSWER

April 27th, 2006 - APPEAL FILED WITH THE APPELATE DIVISION (856 page 50mb pdf file)- accompanying Affidavit of Robert A. Ficalora w/ September 2005 Montauk Gazette, Affidavit of service

April 20th, 2006 - out for review (856 page 50mb pdf file used for updating and printing - shown unsigned pre-filing).

April 5th, 2006 Clerk's office replies with necessary changes.

April 3rd, Submission of corrected draft to Mr. Rolison at the clerk's office of the Appellate Division in Brooklyn prior to filing and service upon parties.

April 1st, 2006 - Corrected Appendix for Appellate Clerk review. (30mbyte file - 682 pages - use bookmarks to navigate.)

February 3rd, 2006 - Papers rejected by Appellate Division clerk - rejection notice Vol I, Vol II, Vol III, Vol IV

November 19th, 2005 - Appeal filed with Appellate Division, Second Department.

October 25th, 2005 - Court of Appeals transfers appeal to the Appellate Division, Second Department.

October 12th, 2005 - Montauk's Jason B. Kolodney, Esq. submits Affirmation and Service of Montauk Gazette to Court of Appeals.

September 30th, 2005 - Gazettes returned by Court of Appeals, attorney letter to follow.

September 29th, 2005 -Letter to Court of Appeals (incl. distribution)

September 22nd, 2005 - Montauk Gazette delivered in Montauk.

August 19th, 2005 - East Hampton answers appeal (USE BOOKMARKS).

August 13th, 2005 - Revised Affirmation of Service

August 9th, 2005 - Court of Appeals acknowledges receipt of Appeal of as of right

August 3rd, 2005 - Appeal filed with New York State Court of Appeals! (USE BOOKMARKS - Searchable PDF)

July 15th, 2005 - Montauk Trustee Corporation notices intent to appeal to Court of Appeals. (DRAFT)

July 14th, 2005 - Montauk Trustee resolve opposing decision and order of Judge Loughlin.

July 14th, 2005 - Montauk Trustee corporation withdraws notice of appeal to the Appellate Division.

July 8th 2005 - Decision of Judge Loughlin dismisses case! Appeal planned by July 20th.

Notice of Amended Petition, March 30th, 2005 (Searchable PDF) answered by Town Board Gov't of East Hampton with a reply by the Town of Montauk, Inc. and an answer by the Suffolk County Water Authority. The file was fully submitted as of May 5th, 2005, before the court of Hon. Daniel J. Loughlin, J.S.C. at 135 Griffing Place in Riverhead, Long Island, New York.

Also a stale (Jan. 3rd) motion to dismiss by the Suffolk County Legislature & the Suffolk County Water Authority and a retrenchment by the Brooklyn Historical Society

Click here for attorney affirmation and client verification by Petitioner

------- Appellate Division denies CPLR 5704 application.

March 11th, Appellate Division ORDER denies Montauk's CPLR 5704 application to sign an order to show cause (see page 61 of the above amended petition).

February 28th, 2005- Attorney Stephen G. Court, Esq., is retained.

February 7th, 2005 - FAX returned by Appellate Clerk's office (typo corrected to show dismissal date of January 10th, 2005).

February 6th, 2005 - FAX to Appellate Division for enlargement of time

-------- Appellate Division assigns docket number.

Jan. 11th, 2005 - Appellate Docket no. 2005-339 is assigned.

-------- Appellate Division dismisses CPLR 5704 motion. Clerk Ms. April Agostino notified Jan. 11th that Montauk will move for a hearing to reargue his right to intervene.

Appellate Division dismisses CPLR 5704 motion, January 10. 2005

-------- Suffolk County Water Authority and Suffolk County Legislature filed motion to dismiss - January 3, 2005

Attorney Gene D. Barr, Esq., dispute

Jan. 3, 2005 - Motion to Dismiss by Suffolk County and the Suffolk County Water Authority.

Affidavits of Service FILED February 4, 2005 (COMPLETE UPON ALL PARTIES)

---------- Service upon all most parties completed 12/8/2004, but waiting for Nature Conservancy affidavit, answer date upon petition is January 3rd, 2005

NOTICE OF INTERVENTION WITH MOTION served January 6th, 2005 to be heard January 7th..

MOTION - Returned by Appellate Division with instructions to appear before the court.

ORDER TO SHOW CAUSE - AS FILED

PETITION - AS FILED

AFFIDAVITS/AFFIRMATIONS OF SERVICE - 11/23/2004 upon the Town of East Hampton, others excepting The Nature Conservancy, Inc., GOTCHA! process servers are is looking for the affidavit of service by an associated process server handling Arlington, Virginia. Affidavit missing for TNC corp. as of January 4th, 2004. Neither attorney Jonathan Kaledin, Esq., of TNC, Inc., not Stephen Dewhurst of the Brooklyn Historical Society has seen the record!

***************** RECORD IN ORIGINAL PROCEEDING (BELOW) **************************

2004 FICALORA AFFIDAVIT - WORKING DRAFT - AFFIDAVIT ACCURATE (USE BOOKMARKS).

2004 FICALORA AFFIDAVIT - as filed - SEARCHABLE SCANNED ORIGINAL

2001 FICALORA AFFIDAVIT - As filed - SCANNED ORIGINAL (12/24/2004)

2001 MEMORANDUM OF STUART BENNETT VORPAHL - As filed - ATTACHMENT TO 2004 AFFIDAVIT

NOVEMBER 2003 MONTAUK GAZETTE - As filed - ATTACHMENT TO 2004 AFFIDAVIT

"MONTAUK" - ATTACHMENT TO 2004 AFFIDAVIT - Book "published by authority voted at a Town Meeting held in 1925"

November 22nd, 2004 Affirmation of Gene D. Barr, Esq.

November 29th, 2004 Affirmation of Gene D. Barr, Esq.

***************** RECORD IN ORIGINAL PROCEEDING (ABOVE) **************************

------- October 11th, 2004 Board Resolutions

Four resolves necessary to enter into litigation

--- Start here and work up by section.