Notice of Foreclosure

STATE OF NEW YORK

SUPREME COURT

COUNTY OF ERIE

SUZANNE M. WITNAUER, Executor of the Estate of PATRICIA M. PASINSKI and GERALD J. PASINSKI,

Plaintiffs

NOTICE OF SALE

 IN FORECLOSURE

               Index No. 813187/2022

Premises:

11986 Main Road

Akron, NY 14001

SBL #: Lot 11, Sec 9, T-12,R-5

CASSANDRA MAE FUSCO-KOBAYSHI, child of the late Salvatore E. Fusco;

AUSTIN FUSCO SHIESLEY, child of the late Salvatore E. Fusco;

THE PEOPLE OF THE STATE OF NEW YORK; ACTING BY AND THROUGH THE DEPARTMENT OF TAXATION AND FINANCE – CORPORATION TAX;

Defendants

In pursuance and by virtue of a Judgment of Foreclosure and Sale, duly granted by this Court on May 26, 2023, and entered in the Erie County Clerk’s Office on June 5, 2023, Ryan Parisi, the Referee named in the said Judgment will expose for sale and sell in “as is” condition at Public Auction to the highest bidder at the foreclosed premises at 11986 Main Road, Akron, New York 14001 (SBL #: Lot 11, Sec 9, T-12,R-5) on Monday, the 14th day of August, 2023, at 2:00 o’clock in the afternoon of that day, the mortgaged premises directed in and by said judgment to be sold and in said judgment described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Newstead, County of Erie and State of New York, being part of Lot No. 11, Section 9, Township 12, Range 5 of the Holland Land Company’s Survey, bounded and described as follows:

BEGINNING at the southwest corner of said lot in the north bounds of the Buffalo Road; thence easterly along said north bounds to a point 10 chains 48 links due east from the west bounds of said Lot No. 11, said point being the point of beginning of premises herein described; said point of beginning being also the southeast corner of a 4.20 acre parcel of land in Lot No. 11, conveyed to Mary Rose Rogers by deed recorded in Erie County Clerk’s Office in Liber 3765 of Deeds at page 291; running thence north 36 degrees west and along the east line of said parcel, 2 chains 70 links, thence north 63-1/2 degrees west and along a northeast line of lands so conveyed to Rogers, 79.65 feet to the northeasterly corner of lands conveyed to New York Electric & Gas Corporation by deed recorded in Erie County Clerk’s Office in Liber 6729 of Deeds at page 312; thence southerly along the easterly line of said lands 89.22 feet to an angle point; running thence southwesterly continuing along the line of lands conveyed to said corporation 72.83 feet to an angle point; thence southerly along said corporation’s lands, 38.45 feet to an angle point; running thence southeasterly along the lands of said corporation 83.51 feet to the northerly line of Buffalo Road, running thence northeasterly along the northerly line of Buffalo Road to the point or place of beginning.

PLEASE TAKE NOTICE:  The foreclosed premises will be open for viewing on Monday, August 14, 2023 from 12:00 p.m. until 2:00 p.m.

JUDGMENT AMOUNT:  The Judgment amount is $107,164.64, plus plaintiffs costs and disbursements in the amount of $1,075.60 and attorney fees in the amount of $3,500.00, all with interest, plus advances made by the plaintiff until the date of the sale, pursuant to said judgment.

DATED:   June 20, 2023.

Ryan Parisi, Referee

BARCLAY DAMON LLP

Attorneys for Plaintiff

The Avant Building, Suite 1200

200 Delaware Avenue

Buffalo, New York 140202

Direct all inquiries to:

Sandra M. Carr, Paralegal

Telephone:  716-566-1586

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