On November 29, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
In The Matter Of The Application Of The City Of New York And The New York City Department Of Health And Mental Hygiene,
For A Court Order To Enter Upon The Premises Located At,,
and
Block 1771 Lot 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.,
for Special Proceedings - Other (Access Order)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/29/2022
EXHIBIT C
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/29/2022
STATE OF NEW YORK )
: SS.:
COUNTY OF NEW YORK )
MARIO MERLINO, being duly sworn, deposes and says:
1. I am the Assistant Commissioner of the Bureau of Veterinary and Pest
Control Services (the "Bureau") at the New York City Department of Health and Mental
Hygiene (the "Department"). The Bureau is one of the bureaus within the Department responsible
for abating public health nuisances.
2. I have worked in the Department since June of 1993 and have worked in the
Bureau since January of 2010. I was appointed its Assistant Commissioner in January of 2011.
3. I hold a Master of Science degree in Public Health from Columbia
University and a Master of Science degree in Operations Research from Polytechnic University.
4. This statement is submitted in support of the instant application to obtain
an order authorizing entry upon a property for the puÆose of abating a public nuisance.
5. Vacant lots and lots containing uninhabited structures that contain garbage,
refuse, or waste material may constitute a public nuisance if they serve as a breeding place and
harborage for rats. Rats are a menace to public health in that they are capable of transmitting
certain diseases and biting people.
6. Conditions that are conducive to the feeding, sheltering, and habitation of
rats include weeds, building material, lumber, boxes, cartons, barrels, containers, machinery,
raw material, fabricated goods, junk, food and beverages, and animal feed. The maintenance of
rat harborage is detrimental to health, and constitutes a health nuisance.
7. The New York City Health Code sets forth who has the duty to abate
health nuisances by keeping properties free from garbage, refuse, and waste material at alltimes
and by applying rodenticides as necessary to prevent rat harborage. Also relevant to the
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/29/2022
abatement of public health nuisances are Chapter 22 of the New York City Charter and Title 17
of the New York City Administrative Code.
8. The owners of a property where rat harborage is found may be served with
an Order of the Commissioner of the Department that orders the removal of all such conditions.
9. When an Order of the Commissioner is not complied with, the
Administrative Code authorizes the Department of Health and Mental Hygiene, or any other
New York City agency designated to act on its behalf, to take all necessary steps to secure the
abatement of the public nuisance conditions that are detrimental to health.
10. These lawful and necessary steps to secure abatement cannot be
effectuated when the property is fenced, walled off, gated, or otherwise secured so as to prevent
access and the owner does not provide access. In that situation, the Department's employees,
or the employees or agents of another City agency, should be accorded the right of access for
the purpose of abating such conditions.
WHEREFORE, it is respectfully requested that this application for an order
authorizing entry and access to the denoted property be granted for the purpose of abating the
nuisance described herein.
Mario Merlino, Assistant Commissioner
Bureau of Veterinary and Pest Control Services
NYC Dept. of Health and Mental Hygiene
Sworn to before me this
day of March, 2022.
NOTAl UBLIC Nota Ic a e of NewYork
No. 03-4978394
Co
m Co
m
Document Filed Date
November 29, 2022
Case Filing Date
November 29, 2022
Category
Special Proceedings - Other (Access Order)
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FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/29/2022 EXHIBIT C FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/29/2022 STATE OF NEW YORK ) : SS.: COUNTY OF NEW YORK ) MARIO MERLINO, being duly sworn, deposes and says: 1. I am the Assistant Commissioner of the Bureau of Veterinary and Pest Control Services (the "Bureau") at the New York City Department of Health and Mental Hygiene (the "Department"). The Bureau is one of the bureaus within the Department responsible for abating public health nuisances. 2. I have worked in the Department since June of 1993 and have worked in the Bureau since January of 2010. I was appointed its Assistant Commissioner in January of 2011. 3. I hold a Master of Science degree in Public Health from Columbia University and a Master of Science degree in Operations Research from Polytechnic University. 4. This statement is submitted in support of the instant application to obtain an order authorizing entry upon a property for the puÆose of abating a public nuisance. 5. Vacant lots and lots containing uninhabited structures that contain garbage, refuse, or waste material may constitute a public nuisance if they serve as a breeding place and harborage for rats. Rats are a menace to public health in that they are capable of transmitting certain diseases and biting people. 6. Conditions that are conducive to the feeding, sheltering, and habitation of rats include weeds, building material, lumber, boxes, cartons, barrels, containers, machinery, raw material, fabricated goods, junk, food and beverages, and animal feed. The maintenance of rat harborage is detrimental to health, and constitutes a health nuisance. 7. The New York City Health Code sets forth who has the duty to abate health nuisances by keeping properties free from garbage, refuse, and waste material at alltimes and by applying rodenticides as necessary to prevent rat harborage. Also relevant to the FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/29/2022 abatement of public health nuisances are Chapter 22 of the New York City Charter and Title 17 of the New York City Administrative Code. 8. The owners of a property where rat harborage is found may be served with an Order of the Commissioner of the Department that orders the removal of all such conditions. 9. When an Order of the Commissioner is not complied with, the Administrative Code authorizes the Department of Health and Mental Hygiene, or any other New York City agency designated to act on its behalf, to take all necessary steps to secure the abatement of the public nuisance conditions that are detrimental to health. 10. These lawful and necessary steps to secure abatement cannot be effectuated when the property is fenced, walled off, gated, or otherwise secured so as to prevent access and the owner does not provide access. In that situation, the Department's employees, or the employees or agents of another City agency, should be accorded the right of access for the purpose of abating such conditions. WHEREFORE, it is respectfully requested that this application for an order authorizing entry and access to the denoted property be granted for the purpose of abating the nuisance described herein. Mario Merlino, Assistant Commissioner Bureau of Veterinary and Pest Control Services NYC Dept. of Health and Mental Hygiene Sworn to before me this day of March, 2022. NOTAl UBLIC Nota Ic a e of NewYork No. 03-4978394 Co m Co m