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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
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%
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
Gary W. Farneti
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