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United States v. Premises and Real Property with Buildings

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 12, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
THE PREMISES AND REAL PROPERTY WITH BUILDINGS, APPURTENANCES, AND IMPROVEMENTS AT 358, 364, AND 366 GRANT, STREET, BUFFALO, NEW YORK, THAT IS, ALL THAT TRACT OR PARCEL OF LAND, SITUATE IN THE CITY OF BUFFALO, COUNTY OF ERIE, AND STATE OF NEW YORK, AND MORE PARTICULARLY DESCRIBED IN A CERTAIN DEED RECORDED IN THE ERIE COUNTY CLERK'S OFFICE IN LIBER 11007 OF DEEDS AT PAGE 5337, DEFENDANT.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge

ORDER OF FORFEITURE

WHEREAS, Randall Parker is the only claimant to the defendant properties known as 358, 364, and 366 Grant Street, Buffalo, New York; and

WHEREAS, plaintiff and claimant have entered into a settlement agreement providing that the claimant agreed to forfeit the aforementioned defendant properties; and

WHEREAS, the government published notice of the forfeiture action in the Buffalo Law Journal on December 20, December 27, 2007, and January 3, 2008, and no claimant or entity responded to the notice; and

WHEREAS, the following parties and entities were noticed of the pending forfeiture action thereby allowing them the opportunity to submit a claim asserting their interest in the properties:

(A) Credit Acceptance Corp.

(B) Chief Clerk of the City Court of Buffalo

(C) Debra Jarosz, c/o Erie County OSCE Scu

(D) Erie County Department of Social Services

(E) New York State Department of Taxation and Finance

(F) Erie County Real Property & Taxation

(G) Buffalo Sewer Authority

(H) Buffalo Public Works/User Fee

(I) City of Buffalo, Tax Department and because said persons and entities failed to file a Claim by the deadline date, it is now hereby

ORDERED, that the persons and entities above-listed are now and forever precluded and barred from asserting any right or interest in the properties listed above; and it is further

ORDERED, that the properties commonly known as 358, 364, and 366 Grant Street, Buffalo, New York, are now hereby forfeited to the government pursuant to Title 21, United States Code, Section 881 (a)(7), for its disposal according to law; and it is further

ORDERED, that the terms and conditions set forth in the Stipulated Settlement filed in this Court on February 6, 2008, whereby the claimant, Randall Parker, agreed to forfeit said properties shall be enforced; and it is further

ORDERED, that this Court shall retain jurisdiction in this action to resolve any disputes that may arise and shall give full force and effect to this pleading.

SO ORDERED.

20080212

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