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Court Date: September 18th, 2015-see #11 & #12

STATE OF NEW YORK


SUPREME COURT : COUNTY OF CHENANGO
GERRY BECKWITH,
Plaintiff,
vs

AFFIRMATION
Index No.: 2011x786
RJI No.: 2012-0224-M

DOUGLAS BECKWITH,
Defendant.

Gary W. Farneti , being an attorney does hereby affirm under penalty of perjury as follows:
1.

I am a member of Levene Gouldin & Thompson, LLP, attorneys for the plaintiff in

the above entitled action.


2.

On or about November 28, 2013, this Court issued an Interlocutory Judgment

Directing the Sale of Real Property (Exhibit A" attached hereto) and appointing Maureen Byrne as
Referee in the above matter.
3.

The subject properties were sold as ordered at an auction held by Attorney Byrne on

August 5, 2015. The defendant, Douglas Beckwith was the winning bidder at the auction.
4.

Thereafter, an Order dated May 29, 2015 was issued and entered on June 10, 2015,

requiring that Attorney Byrne submit her Referees Report of Sale. [Exhibit B]
5.

The Referees Report of Sale was then filed as ordered on July 16, 2015. [Exhibit

6.

The closing on title has not yet occurred, because there have been disputes over the

C]

parties accountings and the resulting distribution of proceeds between them. [see, Exhibit C,
paras. 6-7]
7.

The subject properties are in arrears with regard to taxes owed and, upon information

and belief, will face forfeiture for those tax arrearages in early 2016.
8.

Plaintiff submitted his accounting of all rents collected and expenses incurred for

property upkeep while he managed the properties. This information was submitted pursuant to the
Referees request several weeks after the August 2014 auction.

9.

The winning bidder, defendant Douglas Beckwith, failed to submit his accounting

of rents and expenses for the period he managed the properties until February 23, 2015 and the
accounting was only through the auction date of August 5, 2014.
10.

Douglas Beckwith also claimed that Plaintiff was responsible for more than 50%

of the taxes owed.


11.

Douglas Beckwith has also failed to update his accounting of rents he has collected

for the period from the auction date (8/5/14) through to the date hereof.
12.

As a result of the aforesaid, the Referee was not able to compute closing costs or the

distribution of proceeds, and was thereby unable to conduct a closing and conveyance of title.
13.

Plaintiff asks that the Referees Report of Sale be confirmed upon the resolution of

the disputes over closing costs and the final distribution of proceeds between the parties by way of
an evidentiary hearing.
14.

Plaintiff also asks that the Defendant provide proof that he possesses the requisite

funds to proceed to a closing for the properties.


WHEREFORE, I request on Plaintiffs behalf that Defendant provide proof of being able
to close on the subject properties; that the Referees Report of Sale be confirmed once an evidentiary
hearing is held to determine the closing costs attendant to the conveyance of title to Douglas
Beckwith for the subject properties, and thereafter ordering the closing on titles thereto and make
the final distribution of funds to the parties, together with such other relief as this Court deems just.

So affirmed under penalty of perjury this

day of August, 2015

Gary W. Farneti

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