On November 21, 2022 a
Motion-Secondary
was filed
involving a dispute between
Nys Office Of Victim Services,
and
Jamell Modest,
for Special Proceedings - Other (NY Executive Law 632a)
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 11/23/2022 10:41 AM INDEX NO. 908799-22
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/23/2022
SUPREME COURT OF
STATE OF NEW YORK COUNTY OF ALBANY
In the Matter of the NEW YORK STATE OFFICE OF
VICTIM SERVICES, on behalf of Barbara Young and
Marcus Harris, the representatives of the crime victim,
and all other victims of respondent’s crimes,
AFFIRMATION
Petitioner, IN SUPPORT OF EX
PARTE RELIEF
Pursuant to Executive Law ⸹632-a For
Preliminary Injunctive Relief Index No.
-against-
JAMELL MODEST (NYSID No. 05536426N),
Respondent.
Melissa A. Latino, an attorney admitted to practice in the State of New York, affirms the
following under penalty of perjury pursuant to CPLR 2106.
1. I am an Assistant Attorney General of counsel in this matter to Letitia James,
Attorney General of the State of New York, attorney for Petitioner, the New York State Office of
Victim Services (OVS).
2. The matters contained in this Affirmation are true to my knowledge, except as to
those matters alleged on information and belief, and as to those matters, I believe them to be true.
3. I make this Affirmation in support of the Petition and accompanying Order to Show
Cause, which seeks ex parte relief in the nature of a Temporary Restraining Order.
4. Upon information and belief, Respondent is not currently represented by counsel.
5. Upon information and belief, OVS received from the New York State Department
of Corrections and Community Supervision (“DOCCS”) a notice on or about October 24, 2022,
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FILED: ALBANY COUNTY CLERK 11/23/2022 10:41 AM INDEX NO. 908799-22
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/23/2022
that Respondent had a spendable balance of $10,034.12 in his inmate account (see Petition, Ex.
B), which he is free to spend for his own purposes.
6. Upon further information and belief, because Respondent has free access to his
account, in the time it takes to make arrangements with the correctional facility so that the pro se
inmate can telephonically or otherwise appear in opposition to the Order to Show Cause, or in the
time it would take to return the Petition, on notice, the Respondent could dissipate or transfer all
of the funds in his account to persons with no responsibility to retain them under Executive Law
§632-a (2) or other corresponding statutes.
7. Accordingly, it is this writer’s belief that giving advance notice to Respondent
JAMELL MODEST (NYSID No. 05536426N) that OVS is going to freeze his account would not
advance the cause of justice in this matter and could completely undermine the basis for the
Petition.
8. As a result of his incarceration, upon information and belief, Respondent’s basic
needs for food, shelter and medical care are being provided by the State. Moreover $1000.00 of
the funds in the Respondent’s inmate account are exempt.
9. Thus, the Respondent will have access to some funds while the proceeding is
pending, and he can fully assert any meritorious defense after service has been made, and the
restraining order is in place.
10. Finally, DOCCS, as the proposed garnishee, consents to the method of service set
forth in the Order to Show Cause and will not be appearing in opposition to the Order to Show
Cause.
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FILED: ALBANY COUNTY CLERK 11/23/2022 10:41 AM INDEX NO. 908799-22
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/23/2022
WHEREFORE, it respectfully is requested that the Court grant the relief requested in the
Order to Show Cause and Petition, together with such other and further relief as the Court deems
just and equitable.
Dated: Albany, New York
November 21, 2022
s/Melissa A. Latins
Melissa A. Latino
Assistant Attorney General, of Counsel
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Document Filed Date
November 23, 2022
Case Filing Date
November 21, 2022
Category
Special Proceedings - Other (NY Executive Law 632a)
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Preview
FILED: ALBANY COUNTY CLERK 11/23/2022 10:41 AM INDEX NO. 908799-22 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF STATE OF NEW YORK COUNTY OF ALBANY In the Matter of the NEW YORK STATE OFFICE OF VICTIM SERVICES, on behalf of Barbara Young and Marcus Harris, the representatives of the crime victim, and all other victims of respondent’s crimes, AFFIRMATION Petitioner, IN SUPPORT OF EX PARTE RELIEF Pursuant to Executive Law ⸹632-a For Preliminary Injunctive Relief Index No. -against- JAMELL MODEST (NYSID No. 05536426N), Respondent. Melissa A. Latino, an attorney admitted to practice in the State of New York, affirms the following under penalty of perjury pursuant to CPLR 2106. 1. I am an Assistant Attorney General of counsel in this matter to Letitia James, Attorney General of the State of New York, attorney for Petitioner, the New York State Office of Victim Services (OVS). 2. The matters contained in this Affirmation are true to my knowledge, except as to those matters alleged on information and belief, and as to those matters, I believe them to be true. 3. I make this Affirmation in support of the Petition and accompanying Order to Show Cause, which seeks ex parte relief in the nature of a Temporary Restraining Order. 4. Upon information and belief, Respondent is not currently represented by counsel. 5. Upon information and belief, OVS received from the New York State Department of Corrections and Community Supervision (“DOCCS”) a notice on or about October 24, 2022, 1 of 3 FILED: ALBANY COUNTY CLERK 11/23/2022 10:41 AM INDEX NO. 908799-22 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/23/2022 that Respondent had a spendable balance of $10,034.12 in his inmate account (see Petition, Ex. B), which he is free to spend for his own purposes. 6. Upon further information and belief, because Respondent has free access to his account, in the time it takes to make arrangements with the correctional facility so that the pro se inmate can telephonically or otherwise appear in opposition to the Order to Show Cause, or in the time it would take to return the Petition, on notice, the Respondent could dissipate or transfer all of the funds in his account to persons with no responsibility to retain them under Executive Law §632-a (2) or other corresponding statutes. 7. Accordingly, it is this writer’s belief that giving advance notice to Respondent JAMELL MODEST (NYSID No. 05536426N) that OVS is going to freeze his account would not advance the cause of justice in this matter and could completely undermine the basis for the Petition. 8. As a result of his incarceration, upon information and belief, Respondent’s basic needs for food, shelter and medical care are being provided by the State. Moreover $1000.00 of the funds in the Respondent’s inmate account are exempt. 9. Thus, the Respondent will have access to some funds while the proceeding is pending, and he can fully assert any meritorious defense after service has been made, and the restraining order is in place. 10. Finally, DOCCS, as the proposed garnishee, consents to the method of service set forth in the Order to Show Cause and will not be appearing in opposition to the Order to Show Cause. 2 2 of 3 FILED: ALBANY COUNTY CLERK 11/23/2022 10:41 AM INDEX NO. 908799-22 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/23/2022 WHEREFORE, it respectfully is requested that the Court grant the relief requested in the Order to Show Cause and Petition, together with such other and further relief as the Court deems just and equitable. Dated: Albany, New York November 21, 2022 s/Melissa A. Latins Melissa A. Latino Assistant Attorney General, of Counsel Printed [Reproduced] on Recycled Paper 3 3 of 3