At a Special Term, Part 1 of the Supreme Court of the State of New York, held in and for the County of Dutchess, at the Courthouse thereof, located at 10 Market Street, Poughkeepsie, New York on the 21st day of October, 2025
PRESENT: HON. MARIA G. ROSA, J.S.C.
Index No. 2025-55418
Assigned Justice: Hon. Maria G. Rosa, J.S.C.
ORDER TO SHOW CAUSE
No Appearance on the Return Date
ET QUIETE, LLC, Plaintiff v.
WILLIAM WETTERAU, DECEASED, JOHN DOES 1-10, JANE DOES 1-10, Defendants.
NOW, upon the application of Plaintiff, by and through their counsel, the Affirmation of Christopher P. Ragucci, Esq., dated October 20, 2025, the Memorandum of Law dated October 20, 2025, the exhibits annexed thereto, and all the pleadings and proceedings heretofore had,
LET Defendants, appear and show cause before an IAS Part 1 of the Supreme Court of the State of New York, Dutchess County, to be held at Room 404 of the Courthouse, located at 10 Market Street, Poughkeepsie, New York, on the 17th day of December, 2025, at 9:30 A.M., or as soon thereafter as counsel may be heard on papers only, why an Order should not be entered:
(i) Extinguishing a non-substantial restriction on the use of the subject parcel pursuant to Real Property Action and Proceedings ("RPAPL") Section 1951;
(ii) Extinguishing a non-substantial restriction on the use of the subject parcel pursuant to the merger doctrine;
(iii) Granting such other and further relief as the Court may deem just and proper; and it is further
ORDERED that a copy of the Summons with Notice and a copy of this Order to Show Cause and the papers upon which is based shall be served upon Defendant(s) by publication in the following newspapers: Poughkeepsie Journal and Southern Dutchess News pursuant to CPLR 316 (a) and (c), once per week for four consecutive weeks, on or before November 28, 2025, and it is further
ORDERED that papers in response to this motion, if any, shall be e-filed on NYSCEF by December 12, 2025, and it is further
ORDERED that the affidavit of publication and any reply papers in further support of this motion shall be e-filed on NYSCEF by December 16, 2025.
ENTER,
HON. MARIA G. ROSA, J.S.C.
Publication Dates
LNYS0397061