Motion-Secondary: Santander Consumer Usa, Inc., v. Runway Towing Corp., The New York State Department Of Motor Vehicles

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                                STATE     OF  NEW     YORK
                           SUPREME       COURT                 ALBANY       COUNTY
                           ____-----------------------------
                           In the Matter   of the                                                           Index  No.:

                           Special  Proceeding    Application   of                                         RJI  No.:



                           SANTANDER         CONSUMER         USA,    INC.,



                                    Petitioner(s)/Plaintiff(s),                                             ORDER      TO
                                                                                                            SHOW     CAUSE
                                   -against-



                           RUNWAY        TOWING,      CORP.,
                            and  THE   NEW    YORK
                           STATE     DEPARTMENT          OF  MOTOR       VEHICLES,


                                    Respondent(s)/Defendant(s).
                           ______-______________________


                                    Upon   the petition/complaint,    bond   and  Uniform   Rule   202.7(f)  affirmation   and application   of



                           Rudolph    J. Meola,  attorney  for the  Petitioner(s)/Plaintiff(s),  itis:



                                    ORDERED        that  the                                   above-named      show   cause   before  an  All-
                                                              Respondent(s)/Defendant(s)


                           Purpose   Term   of this Court  to be held  at the Albany    County   Courthouse,    Albany,   New   York   on



                                                                    , 2022  at             o'clock  in the  forenoon,   or as soon  thereafter



                           as counsel   can  be  heard,  why   an  order  should  not  be  entered  pursuant   to CPLR     411,  CPLR    3001,


                           Vehicle   and  Traffic  Law    2115,  Lien  Law    203,  201-A   and   CPLR    7101   declaring  that  RUNWAY


                           TOWING                  (the              lien claim  and  claim  for  titleto the certain  2017   MERCEDES-
                                        CORP.,          "garage")


                           BENZ     motor   vehicle   (VIN:   WDCOG4KB0HF233512)               which   is the  subject  of this  action,  ("the



                           subject   vehicle")   is null   and  void,   as  having   been    improperly    and   defectively   prepared    and



                           submitted,   and   directing  that  Respondent(s)/Defendant(s)        New   York    State  Department     of Motor



                           Vehicles   shall  maintain   Petitioner(s)/Plaintiff(s)   lien on  the  vehicle   titleand   declaring  the  lawful



                           amount,   if any, due   on account   of the  garage  lien  asserted, and   why  Petitioner(s)/Plaintiff(s)   should



                           not have   such other  and  further  relief as to the Court  may   seem   proper;  and  itis further
                                    ORDERED        that upon   Petitioner(s)/Plaintiff(s)  undertaking    (bond)  filed herewith   in the  sum



                           of  $35,000.00,   Respondent(s)/Defendant(s)         garage   is hereby   directed  to  immediately     release  the



                           subject  vehicle  chattel to Petitioner(s)/Plaintiff(s);  and  itis further



                                    ORDERED         that, except   for  delivery  to  Petitioner(s)/Plaintiff(s)   agent   as ordered   in  the



                           paragraph    above,    the  said  chattel   shall  not   be  removed     from   this  State,   from   its  location,



                           disassembled,       transferred,     sold,    pledged,     assigned      or    otherwise      disposed      of    by



                           Respondent(s)/Defendant(s)       garage   or permitted   to become    subject  to a security  interest or statutory


                           lien until further  ordered  by  this Court;  and  itis further



                                    ORDERED         that  until  Petitioner(s)/Plaintiff(s)    takes  possession    of   the  vehicle   or  the



                           proceeding    is determined,   the New    York   State Department     of Motor   Vehicles   shall not transfer  title



                           to the subject  vehicle;  and  itis further



                                    ORDERED        that  a copy  of this order  to show   cause   and  the papers  upon   which   itis granted



                           be  served  upon   the  Respondent(s)Defendant(s)        as follows:   by  regular  mail  upon   New    York   State



                           Department     of Motor    Vehicles   at: DMV     Title Bureau,    6  Empire   State  Plaza,  Albany,   New    York



                           12228;   Respondent(s)/Defendant(s)        garage  shall be  served  by  CPLR    Article  3 by                  ;itis



                           further



                                    ORDERED         that any  opposition   hereto   shall be  served  on  Petitioner(s)/Plaintiff(s)   counsel



                           five (5) days  prior  to the return  date hereof  and  any  reply  by the  return date.



                           **NO       PERSONAL           APPEARANCES              ARE       REQUIRED           UNLESS        OTHERWISE


                           DIRECTED        BY   THE    ASSIGNED        JUDGE.




                           Dated:   Albany,  New    York
                                    November       , 2022
                                                                                 JUSTICE      OF   THE    SUPREME        COURT