Details for LEGAL NOTICE STATE OF NEW YORK, SUPREME COURT- SENECA COUNTY

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LEGAL NOTICE

STATE OF NEW YORK, SUPREME COURT- SENECA COUNTY

Index No. 2021-0168

ORDER TO SHOW CAUSE

AND TEMPORARY RESTRAINING ORDER

In the Matter of the Application of

LETITIA JAMES

Attorney General of the State of New York

For An Order Dissolving

MAGEE VOLUNTEER FIRE DEPARTMENT, INC.

Pursuant to Section 1101 of the Not-For-Profit Corporation Law.

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Pursuant to the petition filed in this Court by LETITIA JAMES, Attorney General of the State of New York, for the dissolution of MAGEE VOLUNTEER FIRE DEPARTMENT, INC., a hearing will be held before this Court, at the Seneca County Court House, 48 West Williams Street, in the Village of Waterloo on the 20th day of May, 2021 at 2 p.m., or as soon thereafter as counsel may be heard, either in person or virtually, as the Court may direct, to show cause why an order should not be entered:

A. Appointing a receiver, pursuant to CPLR 5228(a), to marshal and secure the assets of the Respondent for potential creditors and the Town of Tyre;

B. Directing the Officers and Board of Directors, who shall be served pursuant to CPLR 308, to assemble such financial records of the corporation as are available and provide such records to the receiver, and restraining the Board of Directors from destroying or having destroyed by any other person any such financial records during the pendency of this proceeding; selling, converting, transferring, secreting, or tampering with any asset of the Fire Department; or withdrawal, transfer or conversion of any Fire Department funds from any of its bank accounts or cash on hand, under penalty of contempt of court;

C. Dissolving the MAGEE VOLUNTEER FIRE DEPARTMENT, INC.

NOW, on motion of LETITIA JAMES, Attorney General of the State of New York (Audrey Cooper, Assistant Attorney General of counsel), it is hereby

ORDERED that service of a copy of this order to show cause on members, creditors and claimants and other interested parties whose identities or and addresses are unknown to the Petitioner shall be made by publication once a week for three consecutive weeks in the Finger Lakes Times, and it is further

ORDERED that service of a copy of this order to show cause and the petition on which it is based by regular mail on the parties required to be cited in paragraph 22 of the petition, on or before April 29, 2021 shall be deemed good and sufficient service, and it is further

ORDERED that service of a copy of this order to show cause and the petition on which it is based by CPLR 311 or N-PCL 306 upon the Magee Volunteer Fire Department Inc. on or before April 22, 2021, and it is further

ORDERED that, in lieu of personal appearances on the return date, any persons in opposition not represented by counsel, creditors and claimants, file affidavits with the Court three (3) days prior to the return date setting forth the nature of their opposition or claim.

Signed this 14th day of April, 2021 at Waterloo, New York.

/s/ Hon. Daniel J. Doyle

Supreme Court Justice

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