HomeMy WebLinkAbout1944_05_23 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK:, NEW YORK
HELD MAY 23 , 1944
In the Council Room of the Weaver Street Firehouse , Town of
Mamaroneck, New York.
The meeting was called to order by Supervisor Mandeville
at 8:15 P.M. (Eastern War Time) .
Present: Supervisor Mandeville
Councilmen Griffin, Embury, Keeler , Stiner
Absent: None
The presence was also noted of Town Clerk Payne , Town Attorney
Delius , Assessor Omith and Comptroller Orsino.
The minutes of the meeting of May 2 , 1944, were approved as
presented.
The Supervisor asked the Town Clerk to read the communications .
A letter dated May 4, 1944, was received from K.G. Van Sciver,
Clerk of the Board of Education, Union Free School District No. 1 , in-
forming the Town Board , in accordance with the provisions of Section
25C of the Education Law, that at the annual school election, the fol-
lowing trustees were elected for full terms of three years each beginning
with the first Tuesday in July , 1944: C. Frank Jobson and Luther Nelson,
in place of the following whose terms expire: Rocco V. Iligliaccio ,
Harold A. O 'Callaghan. The letter was ordered filed.
A letter dated May 22, 1944 , was received from Mr. Thomas
R. Fisher of the Scarsdale Bus Company, making application for consent
to operate a bus line on Palmer Avenue between the boundary of the Vil-
lage of Larchmont and the boundary of the City of New Rochelle. The
letter stated that this application is the same as that granted to the
Scarsdale Bus Company by the Town in a previous resolution and subse-
quently turned down by the Public Service Commission last year.
Attorney Delius advised the members of the Board that a public
hearing would have to be held to consider the Scarsdale Bus Company' s
application.
Supervisor Mandeville suggested that a public hearing be held
at the next regular meeting of the Board on June 7 , 1944, at which time
those in favor of or against granting the consent could express themselves.
On motion by Councilman Embury, seconded by Councilman Griffin,
it was unanimously
RESOLVED, that the following notice be inserted
in "The Daily Times" , the official newspaper , on
flay 26 , 1944.
NOTICE OF HEARING
TAKE NOTICE that a public hearing will be
held by the Town Board of the Town of Mamaroneck
on the 7th day of June , 1944 at 8:15 o' clock in
the evening of that day, in the Council Room of
the Weaver Street Fire House at Weaver Street and
Edgewood Avenue in the Town of Mamaroneck, New York,
for the purpose of considering the application of
Thomas R. Fisher , Jr. and Garrison R. Corwin, doing
business as the Scarsdale Bus Company , for the consent
of the Town of Mamaroneck, under the provisions
of Sections 66 and 67 of the Transportation Cor-
porations Law of the State of New York for the
operation of motor buses or omnibuses for the
transportation of passengers , and the property
carried by said passengers , for hire , in, upon,
along and across certain streets, avenues and high-
ways in the Town of Mamaroneck, as follows :
BEGINNING on Palmer Avenue at the boundary
line of the City of New Rochelle and the
Town of Mamaroneck, easterly on Palmer Avenue
to the westerly boundary line of the Village
of Larchmont and Town of Mamaroneck. Return-
ing via the same route. Being part of a through
route from White Plains to New Rochelle via
Larchmont.
TAKE FURTHER NOTICE that the purpose of said public
hearing is to consider the granting of such consent for
the use of the above described portions of streets or
highways in the Town of Mamaroneck to Thomas R. Fisher ,
Jr. and Garrison R. Corwin, doing business as the Scars-
dale Bus Company, and that at said public hearing all
persons interested will be given an opportunity to be
heard, this notice being given pursuant to Section 64,
Paragraph 7 of Chapter 62 of the Consolidated Law, known
as the Town Law, and Sections 66 and 67 of Chapter 63
of the Consolidated Laws , known as the Transportation
Corporations Law of the State of New York.
By order of the Town Board of the Town of Mamaroneck.,
New York.
OMEN A. IIANDEVILLE ,
Supervisor
ROBERT D. PAYNE
Dated, May 26, 1944 Town Clerk
A note of thanks was received from Mrs. Anna B. Simohds , in
appreciation of the copy of the resolution adopted at the last meeting
of the Board, in the Majorls honor. The letter was ordered filed.
A thank you card was received from the family of Mr. and Mrs.
Viment L. Stouter, acknowledging the Town Board' s letter of sympathy
in the loss of their son. The card was ordered filed.
The following reports for the month of April were received
and ordered filed: Report of the Receiver of Taxes:, Report of the
Town Clerk; Report of the Mamaroneck Health Center; Report of the
Westchester County Dog Protective Association.
Councilman Griffin presented the following petitions received
from the Assessor for the correction of the assessment roll so as to
permit the apportionment of taxes.
On motion by Councilman Griffin, seconded by Councilman Stiner ,
the following resolution was , upon roll call, unanimously adopted:
- - WHEREAS , the Assessor has presented petitions for
the correction of the assessment roll for certain
years , pursuant to the provisions of Section 33 of
Chapter 105 of the Laws of 1916 , as amended, known
as the Westchester County Tax Act; and
WHEREAS , after due consideration this Board finds
it desirable to grant said petitions for the cor-
rection of said assessment roll;
NOW, THEREFORE , BE IT
RESOLVED, that the assessment roll for the year
1943 , taxes of 1944, which shows property now
appearing on the roll as follows :
Section Block Lot Owner Land Imp. Total
1 37B 101 to
(121-404) 105 Rose wolf 3 ,750 39750
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33:
Section Block Lot Owner Land Tmp. Total
1 37B 104-105 Ida Drexler 1,500 1,500
(121-404)
1 37B 101 to
(121-408) 103 Rose wolf 29250 29250
FURTHER RESOLVED, that the assessment roll for the
year 1943 , taxes of 1944, which shows property now
appearing on the roll as follows :
Section Block Lot Owner Land Imp. Total
7 12 2A & 2B Agnes Thompson 18,000 209000 389000
(7o6-265)
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33:
Section Block_Lot Owner Land Imp. Total
7 12 2A & 2B Agnes Thompson 13 ,300 20,000 339300
- (706-265)
7 12 2A1 & 2B1 Agnes Thompson 4,700 4,700
(706-358)
FURTHER RESOLVED, that the assessment roll for the
year 1943, taxes of 1944, which shows property now
appearing on the roll as follows:
Section Block Lot Owner Land Imp. Total
7 81 3ABCD Clarence De w.Rogers 20,000 100 209100
(724-379)
be corrected as follows, in accordance with the
provisions of subdivision '5 of Section 33:
Section Block Lot Owner Land Tmr. Total
7 81 A & D Clarence De w.Rogers 10,000 100 109100
(724-379)
7 81 3-B & C Sidney M. Josephson 109000 10,000
(724-389)
FURTHER RESOLVED, that the assessment roll for the
year 1943 , taxes of 1944, which shows property now
u appearing on the roll as follows:
Section Block Lot Owner Land Img. Total.
8 112 35 to 55
(823-9) & 56 B2 Sophia Mahistedt 34,100 20200 36 ,300
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33:
Section Block Lot Owner Land Imp. Total
8 112 35 to 55 Village of Mamaroneck 29,300 2,200 31,500
(823-9)
8 112 56132 Sophia Mahlstedt 4,800 4,800
(823-61)
FURTHER RESOLVED, that the assessment roll for the
year 1943 , taxes of 1944, which shows property now
appearing on the roll as follows :
Section Block Lot Owner Land IM2. Total
901 92 Village of Mamaroneck 7,250 6,000 13,250
be corrected as follows , in accordance with the
provisions of subdivision 5 of Section 33:
Section Block Lot Owner Land Imp. Total
901 92 Village of Mamaroneck 5,000 6,000 11 ,000
901 87 add to this
Block in name of 2 ,250 2,250
He presented and read a statement of the bank, balances as
of 9 a.m. , May 23, 1944, showing a total on deposit in all funds of
$818,532.19.
He also presented the following reports for the month of
April, which were ordered received and filed: Report of the Supervisor•
summary of Receipts and Disbursements; Analysis of Budget Appropriations and
paid by the comptroller from May 2 to May 23 , 1944. Expenditures
Councilman Embury reported that the expenses of the Park De-
partment for the first four months of 1944 were approximately the same
as for the same period in 1943.
- He informed the Board that there are 1169 names on the Honor
Roll and that there are some more names to be added. He said that 411
the names that had been received would appear on the Honor Roll before
Pemorial Day.
He said that Tom Aitchison keeps in touch with the Park Board
and read another interesting letter received from him.
Councilman Keeler read a letter from Mr. Thomas Sutton addressed
to the Town stating that the war damage policy has been extended for
another year without cost to the Town.
He informed the members of the Board that the power to take
oaths and acknowledgments and affidavits in the same manner as a notary
public or a judge or justide of a court , has been extended to town
councilmen, and such power may be exercised anywhere within the county
in which he acts as a councilman. The effective date is September 1,
1944. Chapter 445, Laws of 1944.
He recalled to the members of the Board that at the last meet-
ing he reported that some work had to be done in connection with the
Firehouse. He stated that he had made an inspection of the building
- and found that at the cupola the columns could be removed without very
much trouble and the necessary new columns could be placed without
damaging the iron rods. He said that new back, doors were needed and
-- that some of the window, sash were in bad shape and had to be replaced
by new sash. He estimated that the cost would be approximately $500.00.
He was authorized to proceed with the work.
He informed the Board that the Fire Department was sending
invitations to the Supervisor , the members of the Board, and other
officials of the Town requesting them to participate at the annual
Memorial Day parade which would commence at 9:15 A.M.
He presented and read a letter from Fire Chief Burton
requesting permission to take out the fire apparatus for the parade
on Memorial Day outlining the reasons for doing so and estimating that
in all the total consumption of gas would be nine gallons.
The Councilmen recalled that last year because of the war
conditions there was a great deal of comment about parading the equip-
ment.
Supervisor Mandeville pointed out , also, that the Village of
Larchmont had decided not to parade its equipment and therefore in all
fairness to them our equipment should not be taken out.
After some discussion it was decided to deny the request of
the Fire Department.
The Supervisor stated that he wished to offer the following
resolution, which was seconded by Councilman Stiner , and upon roll call ,
unanimously adopted:
THAT the request of the Fire Department of the
Town of Mamaroneck for permission to parade the
equipment of the Department in the Memorial Day
parade of 1944 be denied.
Councilman Stiner reported that everything was going along
smoothly at the Incinerator. That the matter of incineration at the
Larchmont Acres has been cleared up and that pretty clean stuff is being
removed.
On drainage he reported that the drain under construction on
Cooper Lane was almost complete. He added that although the cost was
more than had been anticipated, there had been a saving of $245.00 on
the Dillon Park drain which would more than offset the cost.
On personnel he reported that in accordance with instructions
received from the State Insurance Fund, the Town must deep a record of
all injuries , fatal or otherwise , received by the employees in the course
of their employment. He said that the Department heads are following
these instructions and filing the accident reports.
Councilman Stiner reported that since the death of Frederic
P. Simonds, assessment clerk, the duties of his position have been
ably performed by Frances Riley, senior typist , with the assistance
of Rutledge H. Rate , plumbing and building inspector, the latter working
on a part time basis , and that in view of all the circumstances the
salary of these employees be increased to compensate them for the
additional duties. He also recommended an increase in salary for Miss
Connie Mondello, who has capably and efficiently performed duties in
the various departments when called upon.
On motion by Councilman Stiner, seconded by Councilman Griffin,
it was upon roll call, unanimously
RESOLVFD, that subject to the approval of the
Personnel Officer of the County of Westchester
and the Civil Service Commission of the State of
New York, the salaries of the following Town em-
ployees be increased effective as of May 1, 1944
as follows:
--' Additional Additional
Compensation Compensation
Per Annum for 1943
Senior Typist ,
Frances Riley $250.00 $ 166.56
Assessment Clerk, P.T.
Rutledge H. Rate $250.00 $ 166. 56
FURTHER RESOLVED, that the budget of the Department
of Assessor is hereby amended accordingly in the
amount necessary to pay the increases of these
employees , and there is hereby appropriated from
the unexpended balance existing in the item of
"'Assessment Clerk" , Department of Assessor , the
sum of $333.12.
- FURTHER RESOLVED, that the salary of Connie S.
Mondello classified as junior stenographer , De-
partment of Town Offices, be increased to an
annual salary of $1040.00 effective as of May 1 ,
1944.
FURTHER RESOLVED, that the budget of the Depart-
ment of Town Offices be amended accordingly in
the amount necessary to pay the increase , and there
is hereby appropriated from the item in said Depart-
ment of Town Office , "Telephone" , the sum of $69.28.
He informed the members of the Board that Town Engineer Foote
has almost completed the plans and specifications to be submitted to the
New York State Postwar Planning Commission, the Town' s proposed postwar
work, for approval.
Supervisor Mandeville requested Councilman Griffin to make a
study as to the Town' s share necessary in connection with the Larchmont
Public Library Budget for the year 1945.
Councilman Griffin stated that he would be very happy to go
over the matter and make his recommendations to the Board at a future
meeting. The Supervisor handed him the complete file together with the
old contracts.
The Supervisor presented to the Board statements prepared by
Accountant Finson from information contained in a resolution adopted by
the Village of Mamaroneck apportioning the purchase price received by
the Village of Mamaroneck upon the sale of two parcels of property , which
sales have been previously approved by this Board, i.e. ; property known
as Section 9, Block 49, Lots 1,2 ,3,4 (new number Block 915, Parcel 198
and 208; and Section 9 , Block 56, Lots 2A and 2B (new number Block
928, Parcel 348) , the sales of which were approved by this Board in
resolutions adopted February 3 , 1943 and August 18, 1943 , for a total
of $2,700.
The information received from the Village of Mamaroneck in-
cluded a check for ;1598.12 , on Block 915, Parcel 198 and 208, and a
check for $171.25, on Block 928, Parcel 348.
On motion by Councilman Keeler, seconded by Councilman Embury,
it was upon roll call , unanimously
RESOLVED, that the sum of $1598.12 be accepted by
the Town of Mamaroneck as representing its share
of the purchase price of the premises known as
Section 9 , Block 47, Lots 1,2,3 ,4 (new number
Block 915, Parcel 198 and 208, and that said sum
be applied first to the payment of the 1943 state ,
county and town taxes unpaid on Parcel 915, Parcel
198, and the state , county, town and school taxes ,
-- due on Block 915, Parcel 208, and that the balance
of $1333. 53 be applied to the payment of the fol-
lowing tax liens outstanding against Section 9,
Block 47, Lots 1,2,3 ,4 (new number Block 915, Par-
cel 208, which tax liens are hereby cancelled:
BLOCK 919- PARCEL 198
Year of Year of Amount of
_Tax Lien Lien_"
1912 1913 $ 57,94
1913 1914 86.13
1916 1917 31.10
- 1917 1918 25.52
1918 1919 28.68
1919 1920 31.00
1920 1921 34.30
1921 1922 33.66
1922 1923 217.54
1923 1924 238.39
1924 1925 259.42
1925 1926 284.C4
1926 1927 293.72
1927 1928 300.36
1929 1930 339.41
1930 1931 369.09
1931 1932 361.96
1932 1933 395.41
1933 1934 357.01
1934 1935 695.57
1935 1936 407.41
1936 1937 482.33
1937 1938 511.39
1938 1939 555.57
1939 1940 526.96
1940 1941 543.65
1941 1942 494.14
1942 1943 515.96
Total Tax Liens. . . . . . $8477.66
FURTHER RESOLVED, that the sum of $171.25 be
accepted by the Town of Mamaroneck as repre-
senting its share of the purchase price of the
premises known as Section 9, Block 56 , Lots 2A
and 2B (new number Block 928, Parcel 348) and that
the said sum be applied first to the payment of the
1943 school taxes and the 1943 state , county and
town taxes unpaid on Block 928, Parcel 348, and
that the balance of 868.97 be applied against the
following tax liens which are hereby cancelled:
BLOCK 928, PARCEL X48
Year of Year of Amount of
Tax Sale Lien
1940 1941 $ 129.07
1941 1942 130.66
1942 1943 62.55
The Supervisor also reported that he had received from the
village treasurer of the Village of Mamaroneck, a check for 820.70 , re-
presenting additional distribution of the proceeds of the sale of Block
817, Parcel 640 , which original distribution was accepted by the Town
Board on September 16 , 1942.
On motion by Councilman Keeler , seconded by Councilman Embury Y Y,
it was upon roll call, unanimously
RESOLVED, that the Supervisor be and he hereby
is authorized to accept the sum of 820.70 re-
presenting additional distribution of the pro-
ceeds of sale of property known as Block 817,
Parcel 640.
The Supervisor reported that he had received an offer of
$400.00 from 'R.C. Kinney, 20 Dante Avenue, Larchmont , N.Y. , for the
purchase of property known as Block 121, Parcel 38.
Following some discussion, it was on motion by Councilman
Embury, seconded by Councilman Stiner, upon roll call, unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept the sum of $400.00 in payment of all taxes
and tax liens now open on property known as Block 121,
Parcel 38, and that said sum be applied first to the
payment of the 1944 state , county and town taxes and
the 1943 state , county , town and school taxes, and
that the balance be applied to the payment of the
following tax liens outstanding against Block 121,
Parcel 38, which tax liens are hereby cancelled:
BLOCK 121. PARCEL 38
Year of Year of Total
Sale Tax Lien
1935 1934 $32.10
1936 1935 72.51
1937 1936 168.19
1939 1938 9.08
1940 1939 78.61
1941 1940 77. 83
1942 1941 76.15
1943 1942 75.54
The Supervisor reported that since the last Board meeting
considerable street repairs had been done through the Town. He in-
formed the members of the Board that the workmen had carefully examined
and repaired the roadways with the result that a very fine job was done.
He reported that he had received a certified copy of a re-
solution adopted by the Board. of Education on May 2 , 1944, certifying
the amount of $910 ,381.00 to be levied against the taxable property
in School District No. 1 , to be collected by the Supervisor for the
ensuing school year as prescribed by law.
He reported that he also received a certified copy of the
budget in the amount of $26 ,697.00 of Scarsdale School District No. 2 ,
a part of which is within the Town of Kamaroneck, for the school year ,
July 19 1944 to June 30, 1945.
The Town Attorney recommended the following resolution, which
was on motion by Councilman Stiner , seconded by Councilman Griffin,
upon roll call , unanimously adopted:
RESOLVED, that the members of the uniformed police
force of the Town of Mamaroneck, including temporary
patrolmen, are to receive in addition to their regular
salaries, temporary war emergency compensation at the
rate of five (50) per cent of their several salaries
up to and including the salary and compensation for
the month of December 1944, and there is hereby appro-
priated from the item in the 1944 Budget , DEPARTMENT
_ of POLICE , Sergeants , the sum of 51524.74.
The Town Attorney recommended the following resolution, which
was on motion by Councilman Griffin, seconded by Councilman Embury, upon
roll call, unanimously adopted:
WHEREAS , proceedings to foreclose certain tax liens
now owned by the Town of Mamaroneck affecting property
known as Block 901 , Parcel 126 (old Section 9, Block 11,
Lot 4) on the Tax Map of the Town of Mamaroneck, which
property is within the incorporated Village of Mamaroneck,
and known as Section 9 , Block 11, Lot 4 are now pending;
and
WHEREAS , the Village of Mamaroneck is the record owner
of the property by deed dated September 2 , 1941, and re-
corded in the County Clerk' s office of Westchester County
on June 18th , 1942 , in Liber 4007 of deed, page 47; and
WHEREAS , the Village of Mamaroneck, owns certain tax
liens upon the same property representing arrears of
tares due it which were heretofore levied against said
property; and
WHEREAS, this Board has suggested that an agreement be
made pursuant to the authority granted to the town board
by Section 48 of the Westchester County Tax Act , Chapter
105 of the Laws of 1916 as amended by Chapter 133 of the
Laws of 1935 and Chapter 457 of the Laws of 1936, and
pursuant to similar authority granted to the Village
board by Chapter 755 of the Laws of 1936 , providing
that upon a sale of this property in an action to
foreclose the liens of the Town of Mamaroneck, this
property be sold free and clear of Town, School and
Village taxes and assessments and that the proceeds of
sale , after paying the costs and expenses of the sale
if insufficient to pay all taxes and assessments in
full, be divided between the Town and Village of
Mamaroneck proportionately to the amount due such
Town and Village as of the date of sale; and
WHEREAS , this Board considers it to the best in-
terests of the Town of Mamaroneck to enter into such
agreements to the end that the property be sold free
and dlear of all taxes , and the proceeds of sale , if
any, divided;
NOW, THEREFORE , BE IT
RESOLVED, that this Board (the Board of Trustees of
the Village of Mamaroneck adopting a similar reso-
lution) hereby agrees that the property known as
Block 901, Parcel 126 (old Section 9, Block 11 ,
Lot 4) on the Assessment hap of the Town of Mamaro-
neck and also known as Section 9 , Block 11 , Lot 4
on the Assessment Map of the Village of Mamaroneck
tray be sold in proceedings now pending for the fore-
closure of certain tax liens owned by the Town of
Mamaroneck, free and clear of all Town, School and
Village taxes and assessments, and that the proceeds
of sale , if any, after paying the costs and expenses
of such sale and of the proceedings to foreclose , if
insufficient to pay all taxes and assessments in full,
shall be divided between the Town and Village of Mamaro-
neck proportionately to the amount due each as of the
date of the sale.
FURTHER RESOLVED, that if the Town of Mamaroneck as
plaintiff in said foreclosure action, become the pur-
chaser at the sale , such property shall not be resold
by the Town of Mamaroneck or its Supervisor until after
the price and the terms of sale be approved by the Board
of Trustees of the Village of Mamaroneck, and thpt the
- proceeds of such sale , if made subject to the approval
of said Board of Trustees , after payment of commissions
and other expenses of said sale , including also the usual
fee of a title insurance company for insuring title of
this property to the Town of Mamaroneck, shall be divided
between the Town of Mamaroneck and the Village of Mamaro-
neck proportionately to the amount due each as of the
date of such sale , plus the amount due the Town and Vil-
lage for taxes or assessments thereafter levied upon such
property.
The Town Attorney reported that the Supervisor had obtained
from Larchmont Estates , Inc. , a check in the amount of $500.00 , which
came with a request for further extension of time , and a stipulation
asking that the foreclosure sale be adjourned until August 31 , 1944.
After discussion as to the advisability of accepting the
check and the application of same , it was on notion by Councilman
Stiner , seconded by Councilman Keeler , upon roll call , unanimously
RESOLVED, that the Town Attorney be and he hereby
is authorized to enter into the following stipulation
with the Larchmont Estates , Inc.
SUPREPE COURT OF THE STATE OF NET YORK
COUNTY OF WESTCHESTER,
*
TOWN OF MAMAR01MCK,
*
Plaintiff,
*
-against-
*
LARCHMONT ESTATES INC. , THE PEOPLE OF THE
STATE OF NEW YORK, the VILLAGE OF LAIlQARONECK
and IMURICE GOLDMAN,
Defendants.
**********************************************
IT IS HEREBY STIPULATED AND AGREED by and between
the plaintiff and the defendant , Larchmont Estates , Inc. ,
by their respective attorneys , as follows :
1. In consideration of the receipt of the sum of $500.00
which is hereby acknowledged by plaintiff, the plaintiff will take no
further proceedings under the judgment of foreclosure and sale dated
Lurch 31st , 1944 and entered herein on April 6th, 1944, until August
31st , 1944.
2. If defendant, Larchmont Estates , Inc. , pays the sum
of $7,000.00 on or before August 31st , 1944, the said sun of $7000.00
and the additional sum of $500.00 already received will be accepted
in full settlement and payment of taxes now outstanding against the
property described in plaintiff' s complaint , including State , County,
Town and School taxes for the year 1943 and/or the tax liens acquired
by the Town for the same and all Village taxes and/or tax liens in-
cluding those levied for the year 1943 , but not including Town and Vil-
lage taxes for the year 1944, and thereupon the above entitled action
is to be settled and discontinued without costs to the defendant , Larch-
mont Estates , Inc.
3. If defendant , Larchmont Estates , Inc. , fails to make
payment of the sum of $7,000.00 by August 31st , 1944, the plaintiff
shall proceed to immediately sell the premises described in the complaint
as provided in the judgment of foreclosure and sale entered on April 6th,
1944 and the sum of $500.00 received by the plaintiff shall be applied
to the payment of the fees , expenses and charges incurred by the plain-
tiff in prosecuting this action, including but not limited to Title
company charges for certifying parties , insuring title to the plaintiff
through the referee ' s deed, and costs and disbursements as taxed in the
judgment of foreclosure and sale and also the amount of the judgment
for costs and disbursements entered Odtober 22nd, 1943 , upon the re-
mittitur of the Appellate Division, second department , and thereupon
the plaintiff will deliver to defendant , Larchmont Estates , Inc. ,
satisfaction of said judgment but defendant , Larchmont Estates , Inc. ,
shall, in that event , be entitled to no credit or refund of any part
of the sum of $500.00.
F(
4. Defendant , Larchmont Estates , Inc. , further stipulates
and agrees that the judgment of foreclosure and sale dated March 31st ,
1944 and entered April 6th, 1944 and the right of the plaintiff to
proceed thereunder as directed, is now and shall remain in full
force and effect.
Dated, May 31st , 1944.
Attorney for Plaintiff
Attorney for Defendant,'
Larchmont Estates , Inc.
At 10:30 p.m. the Board unanimously reso/ped to adjourn.
Town Clerk