Public auction of property due to foreclosure proceedings.

NOTICE OF SALE By virtue of an Arbitration Award granted on December 9, 2023; a Decision and Order issued out of Supreme Court, County of Oneida, State of New York and signed by the Hon. Bernadette T. Clark, J.S.C. on April 12, 2024; a Statement for Judgment filed with the Oneida County Clerk's Office on April 25, 2024; a Memorandum and Order issued out of the Appellate Division, Fourth Judicial Department on October 3, 2025; and by virtue of a Property Execution dated December 30, 2025 against the real property of James Malagese, the undersigned will sell at public auction, pursuant to law, at the Oneida County Sheriffs Office, Oneida County Courthouse, Utica, New York on the 23rd day of April, 2026 at 10:00 a.m., all the right, title and interest which the aforesaid had on April 19, 2024, or anytime subsequent thereto, in and to the lands and premises located at and being a parcel of land located at 1218 Erie Street, Utica, New York, bearing Tax Map No.: 318.23-2-25, bounded and described as follows: See attached Schedule A. Being the same premises conveyed to James Malagese by Margaret Murphy Peterson, Esq., duly appointed Referee by Referee's Deed dated January 23, 2003 and recorded in the Oneida County Clerk's Office on January 27, 2003 as Instrument No.: 2003-001883. The Sheriff makes no representation regarding tax lines, judments or assessment of record, if any, against the property. Robert M. Maciol Oneida County Sheriff Law Enforcement Building Oriskany, New York 13424 SCHEDULE A DESCRIPTION All that piece or parcel or land situate in the City of Utica, County of Oneida and State of New York is bounded and described as follows, to wit: Beginning at the point in the northerly line of Erie Street, said point being the point of intersection of the northerly line of Erie Street with the easterly line of Jason Street; running thence N 19° 41' E along the easterly line of Jason Street a distance of 143.27 feet to a point; thence S 67° 02' 22" E a distance of 120 feet to a point; thence S 19° 41 W a distance of 144.76 feet to a point in the above mentioned northerly line of Erie Street; thence N 70° 19' W along the northerly line of Erie Street a distance of 120 feet to the point of beginning. The above described parcel of land being the same parcel conveyed by Michael L. Abraham and Diane P. Abraham from Ethel Ellis by full covenant deed dated August 24, 1981 and recorded in the Oneida County Clerk's Office on October 26, 1981 in Book 2119 of deeds at page 171. The above described parcel of land being the same parcel conveyed by Magaret Murphy Peterson, Esq. as duly appointed Referee in the action hereinafter mentioned, Grantor and James Malagese by deed dated January 23, 2003 and recorded in the Oneida County Clerk's Office January 27, 2003 at Instrument Number 2003-001883. The above described is also shown on a map entitled "Map showing property at 1218 Erie Street, Utica, Oneida County, New York" made by LaBella Land Surveying, PC dated November 18, 2002, revised December 4, 2002 and filed in the Oneida County Clerk's Office in Map Roll 1834. 2/23,3/9,3/23,4/6/2026