Referred to: The Ways and Means Committee (Chairman Gerentine and Legislators

Allen, Belfiglio, Briggs, Gregorius, Maio, Maloney, and Richard Parete)

Chairman of the Ways and Means Committee, Richard A. Gerentine, and Deputy

Chairman Donald Gregorius offer the following:

WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Finance; and

WHEREAS, the Commissioner of Finance has requested permission to accept

payment of the full amount of back taxes on a certain parcel of real property acquired

by the County by reason of non-payment of taxes; and

WHEREAS, Ulster County acquired title pursuant to a Judgment duly made on

the 24th day of March, 2015 and entered in the Office of the Clerk of the County on

the 27th day of March, 2015 by reason of non-payment of real property taxes; and

WHEREAS, a deed was recorded into the County of Ulster on March 27, 2015

pursuant to said Judgment; and

WHEREAS, tax map number 99.2-3-19 in the Town of Shawangunk assessed

to Julie A. Everhart was included in this judgment and deed; and

WHEREAS, it has been revealed that the putative conveyances by Domenick

DeSalvo, a/k/a Domenick J. DeSalvo and Julie A. Everhardt are fraudulent, null and

void in all respects; and

WHEREAS, the Supreme Court, State of New York, County of Ulster, has

decreed the Estate of Dominic DeSalvo, late of the Town of Shawangunk, to have

been the true owner of record of the subject real property, up to and until the

acquisitions of the title by the County of Ulster; and

WHEREAS, said parcel was offered at Public Auction on April 21, 2015 and

the bid was rejected by the Ulster County Legislature on June 16, 2015 by Resolution

No. 269; and

WHEREAS, the Ulster County Supreme Court has authorized the County of

Ulster to convey its right, title and interest as it has acquired by reason of the in rem

proceeding of the subject property from the County of Ulster to the Estate of Dominic

DeSalvo, conditioned upon the said County of Ulster having received full

reimbursement from the Estate of Dominic DeSalvo for all unpaid taxes, accrued

interest and penalties and recording fees; and 

WHEREAS, based upon the examination of the Ulster County Legislature, and

pursuant to the County of Ulster’s State Environmental Quality Review Act (SEQRA)

Type II List that was adopted by the County in Resolution No. 118 on April 20, 2012,

and as per Section 4.1.5 of that list, it has been determined that the following

transaction does not pose a significant environmental impact and may and constitutes

a Type II action in accordance with 6NYCRR, Part 617, of SEQRA, and does not

require any determination or procedure under SEQRA; now, therefore be it

RESOLVED, that the Ulster County Commissioner of Finance is authorized to

accept payment as above set forth with respect to the following parcel:

TOWN PARCEL # DEED TO AMOUNT

Shawangunk 172 Estate of Dominic DeSalvo $34,575.81

SBL#: 99.2-3-19 C/O John Sisti, Esq.

2015 Public Auction 207 Main Street

New Paltz, NY 12561

and, be it further

RESOLVED, that upon receipt of such payment with respect to each parcel,

the Chairman of the Ulster County Legislature is hereby authorized to make, execute

and deliver to the owner making payment, a quitclaim deed conveying the interest of

the County in the parcel, which quitclaim deed shall contain the covenant that the

County of Ulster shall in no event be or become liable for any defects in title

conveyed for any cause whatsoever, or that no claim or demand of any nature shall

ever be made against the County of Ulster arising from such sales, conveyances, or

any proceedings leading thereto,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Legislator Briggs left at 7:46 PM)

Passed Committee: Ways and Means on September 9, 2015

FINANCAL IMPACT:

TOTAL UNPAID TAXES: $34,575.81

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 15th Day of September in the year Two Thousand

and Fifteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 17th Day of

September in the year Two Thousand and Fifteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

17th Day of September, 2015. 24th Day of September, 2015.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature