Weekly Feature



2018-02-14 / Legal Notices

Public Notices

— LEGAL NOTICE —

We Three Bhais, LLC Articles of
Organization filed with the SSNY on
06/02/2017. Office in Erie County.
SSNY is the designated agent of LLC
upon whom process against it may be
served. SSNY shall mail copy of process to 124 Woodward Ave., # Lower,
Kenmore, NY 14217. Purpose: Any
lawful purpose.
Feb. 14, 21, 28; Mar. 7, 14, 21

— LEGAL NOTICE —

NOTICE OF FORMATION
OF A DOMESTIC
LIMITED LIABILITY COMPANY
D & M STABLES, LLC has been
formed as a limited liability company
(LLC) by filing Articles of Organization
with the NY Secretary of State
(NYSS) on January 22, 2018. Office
located in Erie County, NY. NYSS
designated as agent for the LLC upon
whom process against it may be
served. NYSS may mail a copy of any
process against it served upon him to:
3122 Delaware Avenue, Kenmore,
NY 14217. The purpose of the LLC is
to engage in any lawful business acts
or activities permitted for LLCs under
the NY Limited Liability Company Act.
The limited liability company is to be
managed by one or more members. Feb. 14, 21, 28; Mar. 7, 14, 21

— LEGAL NOTICE —

SELIGER AND SON PLUMBING
AND HEATING LLC Articles of Org.
filed NY Sec. of State (SSNY)
1/30/2018. Office in Genesee Co.
SSNY desig. agent of LLC whom
process may be served. SSNY shall
mail process to 2980 Pearl Street Rd.,
Batavia, NY 14020, which is also the
principal business location. Purpose:
Any lawful purpose.
Feb. 7, 14, 21, 28; Mar. 7, 14

— LEGAL NOTICE —

Hoehn Improvement LLC, Articles
of Organization filed with the Secretary of State of New York (SSNY) on
1/18/2018. Office in Erie County. SSNY is the designated agent of LLC
upon whom process against it may be
served. SSNY shall mail copy of process to 67 Olcott Ave., Buffalo, NY
14220. Purpose: Any lawful purpose. Feb. 7, 14, 21, 28; Mar. 7, 14

— LEGAL NOTICE —

At a Special Term of the Supreme
Court of the State of New York held in
and for the County of Erie at the
Courthouse Part 28 at 50 Delaware
Avenue in the City of Buffalo on the
28th day of November, 2017.

HON. HENRY J. NOWAK, J.S.C.,
Justice Presiding
STATE OF NEW YORK
SUPREME COURT: COUNTY OF
ERIE
Samuel Panepento, Jr. as Shareholder of Penny’s Hardware, Inc., 70
Country Parkway, Williamsville, New
York 14221,
Petitioner
vs.
For a Judgment Dissolving Penny’s
Hardware, Inc.,
Respondent.
ORDER TO SHOW CAUSE
Index No. 811073/2017
Petitioner Samuel Panepento, Jr.
having petitioned this Court for a
Judgment Dissolving the Company,
Penny’s Hardware, Inc., as provided
under New York Business Corporation Law Section 1104 and/or the
common law of the State of New York
upon the grounds that:
A. Samuel Panepento, Jr. and
Louis J. Panepento own Penny’s
Hard, Inc. as equals.
B. The matter is one of those
specified in BCL Section 1104 in that
Petitioner is a shareholder representing one-half of the votes of all outstanding shares, whom is entitled to
vote in an election of directors and (1)
the directors are so divided respecting
the management of the corporation’s
affairs that the votes required for
action cannot be attained; (2) the
shareholders are so divided that the
votes required for the election of directors cannot be obtained; (3) there
is internal dissension and the two
factions of shareholders are so divided that dissolution would be beneficial
to the shareholders; and/or (4) Louis
J. Panepento has engaged in abusive
and wrongful conduct against Samuel
Panepento, Jr. such that judicial dissolution is fair and just.
NOW, upon reading the annexed
Verified Petition duly verified on the
3rd day of August, 2017.
RETURN DATE
LET Penny’s Hardware, Inc., Louis
J. Panepento and all persons interested in said Company show cause
before this Court at a Special Term to
be held at the Courthouse thereof,
Part 28, 50 Delaware Avenue, Buffalo, County of Erie, State of New York,
on the 1st day of February 2018 at
9:30 a.m. of that day or as soon
thereafter as counsel can be heard.
RELIEF REQUESTED
WHY an Order should not be entered by the Court for the following
relief:
A. Dissolving Penny’s Hardware,
Inc. as provided under BCL Section
1104;
B. Taking all necessary action

deemed proper in connection with
restoring and preserving the property
and carrying on the business of Penny’s Hardware, Inc.;
C. Awarding Petitioner damages
sustained by Penny’s Hardware, Inc.
by reasons of Louis J. Panepento’s
wrongdoing;
D. Awarding Petitioner restitution
from Louis J. Panepento and Respondent; E. Ordering a hearing to determine
the fair value of Penny’s Hardware,
Inc.;
F. Ordering disgorgement of any
profits, benefits, and other compensation obtained by Respondent by reason of breaches of fiduciary duties;
G. Awarding Petitioner’s reasonable costs, disbursements and attorney’s fees;
H. Requiring, in addition to other
disclosure requirements, the directors
or those in control of Penny’s Hardware, Inc. no later than thirty (30) days
after the filing of this Petition to make
available for inspection and copying
to Petitioner, the corporate financial
books and records for the three preceding years;
I. Ordering Penny’s Hardware, Inc.
its members, officers and directors to
furnish the Court with a schedule of all
information known and ascertainable
with due diligence by them deemed
pertinent by the Court, including a
statement of the Company’s assets
and the names and addresses of
each member and of each creditor
and claimant;
J. Granting such other and further
relief as may be deemed just and
proper by the Court, and it is further
PUBLICATION AND SERVICE
ORDERED that a copy of this
Order to Show Cause shall be published by Respondent, Louis J. Panepento, at least once in each of the
three weeks before the time appointed for the hearing thereon, in one or
more newspapers of general circulation in Erie County, to wit, Ken-Ton
Bee; and it is further
ORDERED that a copy of the Order to Show Cause shall be served
upon the State Tax Commission either personally at least twenty (20)
days before the time appointed for the
hearing or by mailing a copy of this
Order to Show Cause, postage
pre-paid, at least twenty (20) days
before the time so appointed; and it is
further
ORDERED that service of a copy
of this Order to Show Cause and the
papers upon which it is granted may
be made by personal service upon
Louis J. Panepento on or before the
22nd day of December, 2017 and
such service 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
papers upon which it is granted to be
made to Penny’s Hardware, Inc. via
service by email and regular mail
upon Mark Walling, Esq., at least
twenty (20) days before the time appointed for the hearing, and such
service shall be deemed good and
sufficient service.
ENTER: HON. HENRY J.
NOWAK, J.S.C., Supreme Court Justice Entered on Nov. 28, 2017
GRANTED Nov. 28, 2017
By: Elaine J. Xenos, Clerk of the
Court
Return date is March 8, 2018 at
9:30 a.m. Supreme Court Special
Term Part 28, 50 Delaware Avenue,
Buffalo, New York 14202.
Feb. 14, 21, 28

— LEGAL NOTICE —

Notice is hereby given that license,
number 3160353, for on-premises
sale of wine, beer, and liquor at a
restaurant has been applied for by the
undersigned under the Alcoholic Beverage Control Law, at 1081 Elmwood
Ave., Buffalo, NY 14222, for
on-premises consumption.
Elmwood Gateway Restaurant
LLC, d/b/a Pano’s on Elmwood
Feb. 14, 21

— LEGAL NOTICE —

NOTICE OF FORMATION OF
A LIMITED LIABILITY COMPANY
The name of the Limited Liability
Company is McAULIFFE HOLDINGS, LLC; its Articles of Organization were filed with the Secretary of
State on January 4, 2018; the County
within New York in which its office is
to be located is Erie; the Secretary of
State has been designated as agent
upon whom process may be served;
the post office address to which the
Secretary of State shall mail the process is 379 Crescent Avenue, Buffalo,
New York 14214; the purpose of its
business is all legal activities.
Jan. 17, 24, 31; Feb. 7, 14, 21

— LEGAL NOTICE —

NOTICE of FORMATION
of a DOMESTIC
LIMITED LIABILITY COMPANY
Name of LLC: The Barr Practice
LCSW PLLC. Date of filing of Articles
of Organization with the NY Dept. of
State: December 15, 2017. Office of
the LLC: Erie County. The NY Secretary of State has been designated as
the agent upon whom process may
be served. NYSS may mail a copy of

any process to the LLC at: LaSalle
Avenue, Suite 107, Kenmore, New
York 14217. Purpose of LLC: Licensed Clinical Social Work. Duration, if specific: ongoing services.
Jan. 17, 24, 31; Feb. 7, 14, 21

— LEGAL NOTICE —

VILLAGE OF KENMORE
WHEREAS, pursuant to New York
State Village Law, Section 11-1118,
and the Kenmore Village Code,
past-due water and sewer charges,
together with penalty, shall be a lien
on the real property upon which such
charges are used, and
NOW, THEREFORE, BE IT
RESOLVED, by the Village Board
that said past-due water and sewer
charges will be levied on the owner’s
2018-2019 Village tax bill if not paid
on or before March 1, 2018.
DATED: February 7, 2018
PUBLISHED: February 14 &
February 21, 2018
Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
Feb. 14, 21

— LEGAL NOTICE —

The Board of Education of Sweet
Home Central School District, Towns
of Amherst and Tonawanda, hereby
invites the submission of sealed bids
on:
Refuse Collection and
Recycling Service 2:15 p.m.
Bids will be received until the
above mentioned time on March 1,
2018 at the District Board Room,
1901 Sweet Home Road, Amherst,
NY, at which time and place all bids
will be publicly opened. Specifications
and bid forms may be obtained at the
same office. The Board of Education
reserves the right to reject all bids.
Feb. 14

— LEGAL NOTICE —

NOTICE OF HEARINGS
The Zoning Board of Appeals of
the Town of Tonawanda, New York,
will hold public hearings at 6:30 PM,
local time, on Wednesday, February
21, 2018, in the Council Room, Second Floor of the Municipal Building, in
the Village of Kenmore, New York, for
the following appeals:
1. Brian Kopper, Applicant & Owner, 304 Ogden Rd., Town of Tonawanda, New York
Variance for proposed front deck
would exceed the allowable projection by approx. (3) feet.
2. Joseph Frandina, Applicant &
Owner, 202 Deerhurst Park Blvd.,
Town of Tonawanda, New York
Variance for proposed air conditioner condensers would be located in

the side yard.
3. Victor Kosloski, Applicant &
Owner, 67 Lorelee Dr., Town of
Tonawanda, New York
Variance for proposed air conditioner condenser would be located in
the side yard.
Brian Mayo, Deputy Town Clerk
Town of Tonawanda, New York
Dated: February 8, 2018
Feb. 14

— LEGAL NOTICE —

NOTICE OF PUBLIC HEARING
Notice is hereby given that the
Kenmore Housing Authority will hold
a Public Hearing for comments, suggestions and review of the HUD-required Annual PHA Plan (draft copy).
Hearing will be held on March 14,
2018 at 7:00 p.m. in the Community
Room of the Kenmore Village Apts.,
657 Colvin Blvd., Kenmore, NY
14217. Any interested individuals,
groups and/or parties may participate.
Public inspection of the Authority Plan
may be completed at their administrative office also at 657 Colvin Blvd.
(three weeks prior to Hearing).
Stephen V. Stone, P.H.M.
Executive Secretary/Director
January 19, 2018
Feb. 14

— LEGAL NOTICE —

INVITATION FOR BIDS
BATHROOM RENOVATION
PROJECT
Kenmore Village Apartments,
NY400-001, an Apartment Building
located in Kenmore, New York, will be
receiving Proposals until March 9,
2018 at 10:00 A.M. at its offices at 657
Colvin Boulevard, Kenmore, NY
14217.
Instructions to Bidders, Form of
Proposal, General Conditions and
Supplements, Drawings and Specifications may be examined or obtained
at the office of the Kenmore Housing
Authority at 657 Colvin Boulevard,
Kenmore, New York 14217, (716)
874-6000, upon deposit of $75.00 per
set. Any proposer upon returning
such set in good condition within 7
days after bid open¬ing will be refunded the deposit.
Kenmore Housing Authority reserves the right to waive any informalities and reject any and all bids or to
accept the bid that in its judgment is
in the best interest of the company.
Award of contract will be subject to the
approval of the Kenmore Housing
Authority. Women Business Enterprises and Minority Business Enterprises are strongly encouraged to
participate.
Feb. 14

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