Preview
At the Ex Parte Motion Term of the Supreme
Court of the State of New York, held in and
for New York County at the Courthouse
located at 60 Centre Street, New York, NY, on
the day of December, 2022.
PRESENT:
HON.
JUSTICE
----------------------------------------------------------------------------x
In the Matter of the Application of
THE CITY OF NEW YORK AND THE NEW YORK
CITY DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, ACCESS
ORDER
Petitioners,
Index No.
FOR A COURT ORDER TO ENTER UPON THE
PREMISES LOCATED AT BLOCK 1771, LOTS 69 AND
70, NEW YORK COUNTY, NEW YORK, FOR THE
PURPOSE OF INSPECTING AND ABATING THE
NUISANCE EXISTING THEREUPON IN VIOLATION
OF THE HEALTH AND SAFETY REQUIREMENTS OF
THE NEW YORK CITY HEALTH CODE.
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The Petitioners having moved this Court, pursuant to New York City Charter
§ 398 and New York State Judiciary Law § 140-b, for an Order, pursuant to New York City
Charter §§ 556(a) and (c)(2), New York City Administrative Code §§ 17-114 and 17-147, New
York City Health Code §§ 3.01(a) and (c), and Rules of the City of New York Title 16, § 6-03, to
enter upon the premises located at Block 1771, Lots 69 and 70, adjacent to 108 East 123 Street,
New York County, New York (the “subject premises”), and to inspect and abate any health
nuisance within the meaning of Administrative Code § 17-142 that is found to exist on the
grounds of the subject premises; and it appearing to this Court that the facts stated in the
supporting documents demonstrate good cause for the relief requested,
NOW, upon reading and filing the Affirmation of Emergency of MARY
O'SULLIVAN, dated November 29, 2022; the Verified Petition, verified on November 29, 2022,
and the exhibits annexed thereto, including the Affidavit of Jerome Nabbie, an employee of the
Lot Cleaning Division of the New York City Department of Sanitation, sworn to on November
25, 2022, and a copy of the affidavit of Mario Merlino, Assistant Commissioner of the New
York City Department of Health and Mental Hygiene Bureau of Veterinary and Pest Control
Services; and upon the owner not having consented to entry by the New York City Department
of Sanitation for purposes of inspecting and abating any health nuisance within the meaning of
Administrative Code § 17-142 that is found to exist on the grounds of the subject premises; and
it appearing to this Court that the facts stated therein demonstrate the necessity for the relief
requested; it is hereby
ORDERED that an inspection and abatement by the New York City Department
of Health and Mental Hygiene be made at the subject premises, commencing no earlier than
twelve business days from the date this Access Order is filed with the Office of the New York
County Clerk, for a period of thirty (30) days thereafter, between the hours of 7:00 a.m. and 9:00
p.m. on any day except Sunday; and that the following persons are authorized to enter upon the
subject premises to accompany, aid or assist at this inspection and abatement action: any
member of the New York City Department of Health and Mental Hygiene, any member of the
New York City Department of Sanitation, and any member of the New York City Police
Department; and it is further
ORDERED that the individuals present for the execution of this Access Order
take such steps as may be deemed necessary so as to summarily abate any nuisance condition
within the meaning of Administrative Code § 17-142 that is being maintained at the subject
-2-
premises that is detrimental to health, including but not limited to: entering the subject premises,
performing clean-up and/or extermination to abate the presence of rodents or any condition
conducive to rodents, and removing all materials from the subject premises that are conducive to
rodents; and it is further
ORDERED that police officers be authorized to enter upon the subject premises
to accompany all persons authorized to enter upon the subject premises for purposes of
inspection, reinspection, and abatement of the nuisance, and to provide for the safety of the
individuals authorized to effectuate the inspection and abatement at the subject premises; and it
is further
ORDERED that the owners, occupants, lessees of the subject premises, and all
persons who are their agents and servants or who are acting in concert with them in no manner
interfere with the official performance of the inspection, reinspection, and abatement of nuisance
at the subject premises.
Sufficient reason appearing therefore, let service of a copy of this Access Order
upon the record owner of the premises by posting the same in a conspicuous place on the subject
premises and by UPS next day delivery to the owner’s address of record: PL. 123 Realty Group,
LLC, 241 W. 37 Street 3rd Floor, New York, NY 10018, on or before seven business days from
the date this Access Order is filed with the Office of the New York County Clerk, be deemed
good and sufficient service.
ENTER:
______________________________
J. S. C.
-3-
Index No.
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
THE CITY OF NEW YORK and THE NEW YORK CITY
DEPARTMENT OF HEALTH AND MENTAL HYGIENE,
Petitioners,
FOR A COURT ORDER TO ENTER UPON THE
PREMISES LOCATED AT BLOCK 1771, LOTS 69 AND
70, NEW YORK COUNTY, NEW YORK, FOR THE
PURPOSE OF INSPECTING AND ABATING THE
NUISANCE EXISTING THEREUPON IN VIOLATION OF
THE HEALTH AND SAFETY REQUIREMENTS OF THE
NEW YORK CITY HEALTH CODE.
ACCESS ORDER APPLICATION with
SUPPORTING DOCUMENTS
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel of the City of New York
Attorney for Petitioners
Address: 100 Church Street
New York, NY 10007
Of Counsel: MARY O'SULLIVAN
Direct all inquiries ASAP to Mary O’Sullivan
Tel: (212) 356-2206
Email: mosulliv@law.nyc.gov
Matter No. 2022-071807
DSNY Log No. 22AOR #128
Preview
At the Ex Parte Motion Term of the Supreme Court of the State of New York, held in and for New York County at the Courthouse located at 60 Centre Street, New York, NY, on the day of December, 2022. PRESENT: HON. JUSTICE ----------------------------------------------------------------------------x In the Matter of the Application of THE CITY OF NEW YORK AND THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, ACCESS ORDER Petitioners, Index No. FOR A COURT ORDER TO ENTER UPON THE PREMISES LOCATED AT BLOCK 1771, LOTS 69 AND 70, NEW YORK COUNTY, NEW YORK, FOR THE PURPOSE OF INSPECTING AND ABATING THE NUISANCE EXISTING THEREUPON IN VIOLATION OF THE HEALTH AND SAFETY REQUIREMENTS OF THE NEW YORK CITY HEALTH CODE. -----------------------------------------------------------------------------x The Petitioners having moved this Court, pursuant to New York City Charter § 398 and New York State Judiciary Law § 140-b, for an Order, pursuant to New York City Charter §§ 556(a) and (c)(2), New York City Administrative Code §§ 17-114 and 17-147, New York City Health Code §§ 3.01(a) and (c), and Rules of the City of New York Title 16, § 6-03, to enter upon the premises located at Block 1771, Lots 69 and 70, adjacent to 108 East 123 Street, New York County, New York (the “subject premises”), and to inspect and abate any health nuisance within the meaning of Administrative Code § 17-142 that is found to exist on the grounds of the subject premises; and it appearing to this Court that the facts stated in the supporting documents demonstrate good cause for the relief requested, NOW, upon reading and filing the Affirmation of Emergency of MARY O'SULLIVAN, dated November 29, 2022; the Verified Petition, verified on November 29, 2022, and the exhibits annexed thereto, including the Affidavit of Jerome Nabbie, an employee of the Lot Cleaning Division of the New York City Department of Sanitation, sworn to on November 25, 2022, and a copy of the affidavit of Mario Merlino, Assistant Commissioner of the New York City Department of Health and Mental Hygiene Bureau of Veterinary and Pest Control Services; and upon the owner not having consented to entry by the New York City Department of Sanitation for purposes of inspecting and abating any health nuisance within the meaning of Administrative Code § 17-142 that is found to exist on the grounds of the subject premises; and it appearing to this Court that the facts stated therein demonstrate the necessity for the relief requested; it is hereby ORDERED that an inspection and abatement by the New York City Department of Health and Mental Hygiene be made at the subject premises, commencing no earlier than twelve business days from the date this Access Order is filed with the Office of the New York County Clerk, for a period of thirty (30) days thereafter, between the hours of 7:00 a.m. and 9:00 p.m. on any day except Sunday; and that the following persons are authorized to enter upon the subject premises to accompany, aid or assist at this inspection and abatement action: any member of the New York City Department of Health and Mental Hygiene, any member of the New York City Department of Sanitation, and any member of the New York City Police Department; and it is further ORDERED that the individuals present for the execution of this Access Order take such steps as may be deemed necessary so as to summarily abate any nuisance condition within the meaning of Administrative Code § 17-142 that is being maintained at the subject -2- premises that is detrimental to health, including but not limited to: entering the subject premises, performing clean-up and/or extermination to abate the presence of rodents or any condition conducive to rodents, and removing all materials from the subject premises that are conducive to rodents; and it is further ORDERED that police officers be authorized to enter upon the subject premises to accompany all persons authorized to enter upon the subject premises for purposes of inspection, reinspection, and abatement of the nuisance, and to provide for the safety of the individuals authorized to effectuate the inspection and abatement at the subject premises; and it is further ORDERED that the owners, occupants, lessees of the subject premises, and all persons who are their agents and servants or who are acting in concert with them in no manner interfere with the official performance of the inspection, reinspection, and abatement of nuisance at the subject premises. Sufficient reason appearing therefore, let service of a copy of this Access Order upon the record owner of the premises by posting the same in a conspicuous place on the subject premises and by UPS next day delivery to the owner’s address of record: PL. 123 Realty Group, LLC, 241 W. 37 Street 3rd Floor, New York, NY 10018, on or before seven business days from the date this Access Order is filed with the Office of the New York County Clerk, be deemed good and sufficient service. ENTER: ______________________________ J. S. C. -3- Index No. SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK THE CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, Petitioners, FOR A COURT ORDER TO ENTER UPON THE PREMISES LOCATED AT BLOCK 1771, LOTS 69 AND 70, NEW YORK COUNTY, NEW YORK, FOR THE PURPOSE OF INSPECTING AND ABATING THE NUISANCE EXISTING THEREUPON IN VIOLATION OF THE HEALTH AND SAFETY REQUIREMENTS OF THE NEW YORK CITY HEALTH CODE. ACCESS ORDER APPLICATION with SUPPORTING DOCUMENTS HON. SYLVIA O. HINDS-RADIX Corporation Counsel of the City of New York Attorney for Petitioners Address: 100 Church Street New York, NY 10007 Of Counsel: MARY O'SULLIVAN Direct all inquiries ASAP to Mary O’Sullivan Tel: (212) 356-2206 Email: mosulliv@law.nyc.gov Matter No. 2022-071807 DSNY Log No. 22AOR #128