Party Notice: Yoel Lebowitz v. Suffolk County, Suffolk County Traffic And Parking Violations Agency (“STPVA") and, Jacqueline Caputi Suffolk County Traffic and Parking Violations Agency Records Access Appeals Officer (“RAAO Caputi”), John Doe AND, Jane Doe as Clerks of STPVA, and, Thomas Burns Esq. and, John Doe and, Jane Doe Suffolk County Traffic & Parking Violations Prosecutors, and, Kenneth Diamond and, John Doe AND, Jane Doe as Judges of the STPVA,

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                                FILED:         SUFFOLK          COUNTY        CLERK        11/16/2022             01:56       AM                    INDEX    NO.   205926/2022
   NYSCEF     DOC.   NO.   2                                                                                  RECEIVED      NYSCEF:     11/16/2022




                                                                                                                              BS"D
                  STATE OF NEW YORK                            COUNTY OF SUFFOLK
                  SUFFOLK SUPREME COURT
                  ______________________________________________

                  YOEL LEBOWITZ,                                                                   NOTICE OF PETITION
                                                               Petitioner,                         CPLR ARTICLE 78
                                    -against-
                                                                                                   DOCKET #
                  SUFFOLK COUNTY, SUFFOLK COUNTY
                  TRAFFIC AND PARKING VIOLATIONS AGENCY                                           __________________
                  (“STPVA") and JACQUELINE CAPUTI, Suffolk
                  County Traffic and Parking Violations Agency
                  Records Access Appeals Officer (“RAAO Caputi”),
                  JOHN DOE AND JANE DOE, as Clerks of STPVA, and
                  THOMAS BURNS, ESQ. and JOHN DOE AND JANE
                  DOE, Suffolk County Traffic & Parking Violations
                  Prosecutors, and KENNETH DIAMOND and JOHN
                  DOE AND JANE DOE as Judges of the STPVA,
                                                               Respondents.
                  _____________________________________________


                           PLEASE         TAKE        NOTICE        that   on   the  Verified     Petition    of  Zev    Goldstein,

                  Esq.,    the  attorney     for   the   Petitioner,     and   all  the   exhibits    therein,     Petitioner     will

                  move     the  Suffolk     Supreme      Court,    located     at 1  Court    St, Riverhead, NY 11901, on

                  December        21,   2022     at   9:30    am,    by   submission        of   papers     only,   for   an   Order

                  pursuant to Article 78 of the Civil Practice Law and Rules:

                           a.       Requiring       Respondents        to   file  and    calendar     Petitioner's     documents,

                  and




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   FILED:         SUFFOLK          COUNTY        CLERK        11/16/2022             01:56       AM                    INDEX    NO.   205926/2022
   NYSCEF     DOC.   NO.   2                                                                                  RECEIVED      NYSCEF:     11/16/2022




                           b.       Prohibiting Respondent Prosecutor from communicating ex parte with

                  the Court, and

                           c.        Prohibiting      Respondents        from    holding     Petitioner     in  contempt       in the

                  form of a default conviction and suspension, and

                           d.       Prohibiting      Respondents        from    enforcing      a  policy    to suspend      pending

                  prosecution without Judicial discretion VTL § 510(3)(A), and

                           e.       Directing      Respondents        to  disclose    information       to  Petitioner     pursuant

                  to Due Process, and

                           f.       Directing      Respondents        to  disclose    information       to  Petitioner     pursuant

                  to FOIL, and

                           g.       Ordering Respondents to fully comply with FOIL, and

                           h.       For declaratory relief, finding that the STPVA violated FOIL willfully,

                  and or, that the STPVA violated FOIL without intent, and

                           i.       Ordering      Respondents         to  comply      with    Petitioner's     "date    stamp     and

                  return"    mailing      requests,     that   is, where     a  document        includes     copy    and    a  return

                  envelope,      and   a  request    for   a  date  stamped      copy,    that  Respondents        do   date   stamp

                  and return the copy in the envelope provided, and

                           j.       Awarding Petitioner its costs and attorney’s fees in this proceeding;

                           k.       For such other and further relief as is just and proper.




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   FILED:         SUFFOLK          COUNTY        CLERK        11/16/2022             01:56       AM               INDEX    NO.   205926/2022
   NYSCEF     DOC.   NO.   2                                                                             RECEIVED      NYSCEF:     11/16/2022




                         PLEASE        TAKE      FURTHER          NOTICE        that,   Pursuant     to  CPLR      §  7804(c)     an



                answer      and     any    supporting        papers     or    any    motion      must     be    served     on    the



                undersigned       no  later  than   five   (5)  days   before    the  return   date   set  forth  above.




                Dated:    November        7, 2022                     The   Law     Offices    of Zev    Goldstein,     PLLC
                           New    City,  New     York                 By:   Zev   Goldstein,     Esq.

                                                                      Attorney      for Petitioner

                                                                      450   Route     304

                                                                      New     City  NY     10956




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