Preview
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
Exhibit A
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____________-----__..------------___________....___________________________Ç
In the Matter of the Application of the City of New York, the New
York City Department of Health and Mental Hygiene,
Petitioners,
AFFIDAVIT IN SUPPORT OF
-against- ACCESS ORDER
FOR A COURT ORDER TO ENTER UPON THE
LAND LOCATED AT
Adjacent to 108 East 123 Street in the Borough of Manhattan,
Block 01771, Lots 0069 and 0070
FOR THE PURPOSE OF INSPECTING AND ABATING THE
NUISANCE EXISTING THEREUPONIN VIOLATIONOF THE
HEALTH AND SAFETY REQUIREMENTS OF THE NEW
YORK CITY HEALTH CODE
Respondent.
______________________..._________.--____________.....------______---------x
STATE OF NEW YORK )
: SS.:
COUNTY OF NEW YORK )
Jerome Nabbie, being duly sworn, deposes as follows:
1. I am employed with the Department of Sanitation ("DSNY") as a Community
Coordinator. Since 2014, my duties have included the inspection of real property in the
City ofNew York for conditions conducive to the breeding and harborage ofrats. Ireceived
training from New York City Department of Health and Mental Hygiene ("DOHMH")
personnel, including a rodentologist and a bureau director with a Masters degree in Public
Health. The training included instruction in recognizing rat harborage and active rodent
signs that rats are living on a site, as the rats themselves may not be visible at the time the
sites are photographed.
petitioners'
2. I submit this affidavit in support of application for an access order, authorizing
entry onto the premises located, adjacent to 108 East 123 Street in the Borough of
Manhattan, Block 01771, Lots 0069 and 0070, to abate conditions conducive to the
breeding and harborage of rats. I am familiar with the facts set forth herein based on
personal knowledge, my review of records of the City of New York, and communications
with employees, officers and agents of the City.
3. The affidavit of Mario Merlino, Assistant Commissioner of the DOHMH Bureau of
Veterinary and Pest Control Services dated March 1, 2022(annexed herein as Exhibit C),
petitioners'
sets forth the legal and epidemiological basis for application for an access
order.
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
4. On July 21, 2022, employees of the DSNY Lot Cleaning Division inspected the subject
premises and observed conditions conducive to rat breeding and harborage, which
conditions are set forth in the inspection report attached hereto. As stated in the report,
DSNY employees could not gain access to the subject premises because the property was
fenced with no gate.
5. Subsequently, DSNY notified DOHMH of the violative conditions. As a result on
August 4, 2022; DOHMH issued Orders of the Commissioner, CCU#: 22-07364; Job
ID's: PC7917392 and PC7917393 respectively; notifying the owner of the subject
premises of the existing violative conditions and ordering the owner to abate such
conditions. As is set forth in the annexed affidavits of service, these Orders were served
on the owner of record:
PL. 123 REALTY GROUP, LLC
241 W. 37TH ST. 3RD FLOOR
NEW YORK, NY 10018
6. Subsequently, on September 14, 2022, employees of the DSNY Lot Cleaning Division
returned to inspect the subject premises and observed that the property stillcontained
conditions conducive to the breeding and harborage of rats. Such conditions are set forth
in the inspection reports attached hereto.
7. I was present at the most recent inspection on September 14, 2022, at which time I
photographed the violative conditions. The photographs annexed herein as Exhibit B
show the presence of active rodent signs including active rat burrows with smooth
shiny compacted burrow hole openings.
8. We were unable to gain access to the subject premises in order to abate the violative
conditions because the property was fenced with no gate. See the inspection reports
annexed hereto.
9. By letterdated October 21, 2022 (annexed hereto) and mailed to each known owner (proof
of service e annexed hereto), DSNY requested consent to enter the subject premises so as
to inspect and abate the nuisance. As of the date I am signing this affidavit, DSNY records
reflect that DSNY has not received consent to enter the subject premises to inspect and
abate the nuisance from the owners at the email or postal mail addresses provided for that
purpose on the consent request letter.
10. To the best of my knowledge, the violative conditions described herein continue to exist.
4E O BBIE
Sworn to before me this
Day of 2022
Commissioner of Deeds
EDWARD M. YOOD
commissioner ofDeeds
orman vesk - No.
city
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
STATE OF NEW YORK )
:SS:
COUNTY OF QUEENS )
JOSEPH HINES, being duly sworn, deposes and says:
I work on the staff of the New York City Department of Health and
Mental Hygiene.
On August 8, 2022, I served the Order of the Commissioner dated
August 4, 2022, CCU: 22-07364, Job ID: PC7917392 , regarding Block: 01771,
Lot: 0069, in the Borough of Manhattan to the owner of record:
PL. 123 REALTY GROUP, LLC
241 W. 37TH ST. 3RD FLOOR
NEW YORK, NY 10018
by depositing a copy enclosed in a postpaid wrapper in a post office depository regularly
maintained by the United States Postal Service, directed to said owner at the above-listed
address of record.
JOsS PH HINES
Sworn to before me this
(b*'
day of A)o vem64e, 2022
J
Co wn acocag o pE8V
EDWARD M. YOOD
commtssioner at Dea a
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
STATE OF NEW YORK )
:SS:
COUNTY OF QUEENS )
JOSEPH HINES, being duly sworn, deposes and says:
I work on the staff of the New York City Department of Health and
Mental Hygiene.
On August 8, 2022, I served the Order of the Commissioner dated
August 4, 2022, CCU: 22-07364, Job ID: PC7917393 , regarding Block: 01771,
Lot: 0070 in the Borough of Manhattan to the owner of record:
PL. 123 REALTY GROUP, LLC
241 W. 37TH ST. 3RD FLOOR
NEW YORK, NY 10018
by depositing a copy enclosed in a postpaid wrapper in a post office depository regularly
maintained by the United States Postal Service, directed to said owner at the above-listed
address of record.
J EPH HI ES
Sworn to before me this
/9 day of e vembe+ , 2022
EDWARD M. YOOD
--
coenmisstomer ofcosts
ofNam Vssk - WIS. 1
City
e
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
STATE OF NEW YORK )
:SS:
COUNTY OF NEW YORK )
EDWARD M. YOOD, being duly sworn, deposes and says:
I work on the staff of the New York City Department of Sanitation.
On October 22, 2022, I served the annexed Lot Owner Access Consent
Form dated October 21, 2022, regarding Block: 01771, Lots: 0069 and 0070, in the
Borough of Manhattan to the owner of record
PL. 123 REALTY GROUP, LLC
241 W. 37TH ST. 3RD FLOOR
NEW YORK, NY 10018
by depositing a copy enclosed in a postpaid wrapper in a post office depository regularly
maintained by the United States Postal Service, directed to said owner at the above-listed
address of record.
EDWARD M. YOOD
Swo bef e me this
$ y of /ü4LÁµ4,.2022
COMMISSIONER OF DEEDS
ROSE WIWANS
ork 4
CRy o
CondmissionExpires 7
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
')#T&JM¤nsw vonx eny cEPARTMENToF
HEAGH AND MBGrAL HVGENE
lg;p h MD,PhD
ORDER OF THE COMMISSIONER
Date:8/4/2022 Job id:PC7917392
owner(s)/Agents(s) Propertyin Violation.
PL 123 REALTY GROUP. LLC ADJ. iOBEAST 123 ST BErW
Care of LEXINGToN AVE & METRo
241 w.s7TH ST. 3RD FLOOR NEW YORK, New NORTHCDNNECHNG RAIL UNE
York 10018
UNITED STATES Borough: Manhattan
alock a: 1771I.ot 8: 69
CCU #"
2207364
The above referenced property was inspected by an employee of the New York City Department of
Sanitation or the New York CityDepartment of Health on 7/21/2022. New York City records show
that you are the owner or managing agent ofthisproperty and therefore are responsible for
violationof the New York Oty Health code ("Health Code") which are conducive to feeding and
habitation of ratson your property. These conditions constitute a health nuisance and are a danger
to lifeand health pursuant to New York CityAdministrative code §§17-142 et seq.and violáte
Health Code §3.07, 3.09 and 151.02. See attached inspection report.
YOU ARE HEREBY ORDERED to abate such nulsance conditions and any furthernuisance conditions
that ariseafter the issuance of thisorder.
Five days after you receive this or
letter, shortly thereafter,.the New York City Department of
health and Mental Hygiene Pest Control Services and/or Department ofSanitation will again
inspect the property. ifnuisance conditions still
exist in violadon of thisorder, the Citywilltake the
following actions:
(1)REMOVAL OF ALL VIOl.ATIONS. Unless the property has been adequately abated, the
Department of Health and Mental Hygiene willbegin a seriesof bait applications,and the
Department of Sanitation and/or Department of Health and Mental Hygiene willclean and remove
allrefuse, debris and other materials causing the nuisance conducive to feeding and habitation of
rats.
(2)BILL YOU FOR COSTS OF BAIT APPUCATIONS AND CLEANUP. If abatement work is
done by Cityagencies, the Citywillbillyou for allthe ofthe costs of abating the health nuisances
which includes rodenticides balt application and costs of removal of allgarbage, refuse and debris
creating the nuisance as well as the costs ofany further inspections to confirm or obtain
compliance. If thebillis notpaid promptly, the charges will become a prioritylienagainst the
property making you unable to sellthe property with a cleartitle.
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
&
YOU WILL RECEIVE NO FURHTER NOTICES OR WARNINGS PRIOR TO REINSPECTION BY THE
DEPARTMENT OF HEALTH AND MENTAL HYGlENE AND/OR DEPARTMENT OF SANITATION.
Pleasecontact that
New York City Department ef Sanitation I.ot CleaningBilling Unit in writing at P.O. Box 1519, Trhorough station,New
York,NY 10095
1) If youobjectto the Order forany reason oryou.have any questions about how to comply with
thisOrder within three days of receiptof thisletter.
2) If you have received a bill
for lotclearing services,and have questions, or wish tocontest the
bill.
Your lettershould include the block innd lotnumbers ofthe property and/or the property
address, a copy of the and
bill, the reason you arecontesting the bill.
3) If youclaim you arenot the owner of the property, or you cleaned the pmperty to comply
with thisOrder. Your lettershould indude.appropriate documentation.
Mario Merlirio,MS, MPH Assistant Commissioner Bureau
of Veterinary and Pest Control Services
WARNING
FAILURE TO COMPLY WITH AN ORDER OF THE COMMI$SIONER IS AVIOLATION OF NÈ!W
YORK HEALTH CODE B3.05, AND A MISDEMEANOR, FOR WHICH YOU MAY BE SURIECT TO
CIVIL AND CRIMINAL PENALTIES, INCLUDING FINES AND IMPRISONMENT.
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
NEW VoRKCnY DEP/UmdENr
oF
HEALTHAND MENrALH7681E
INITIAL INSPECTION .RM
8/4/2022
Job ID: PC7917392
Premises in Violation:
ADJ. 108 Owner Name:
EAST 123 ST BETW LEXINGTON
AVE 8t PL 123 REALTY
METRO NORTHCONNECTING GROUP, LLC
RAIL
UNE
Manhattan Owner Address:
Property Type : 241W. 37TH ST. 3RD FLOOR NEW
Block #: 1771 Lot YORK, New York 10018
#:69
UNITED STATES
Property Iocated ofAD). 108 EAST 123 ST BE1W LEXINGTON
UNE was
AVE & MET RO
inspected by a Public Health NORTHCONNECTING RAIL
Sonitarian of the NYC DOHMH on 7/2 /2022.
INSPECTOR FINDINGS -
VIOLATIONS OF NEW 1CQRK G11MFALTH CDDE FOUNDr
- The New York CityDepartment ofSonitatiortfound exposed
property. garbage and/or high weeds
Gorbage is a source on your
of foodfor rats. High weeds provide harborage.
WARNING: Falsestatements made herein arepunishable as a dassA misdemeanor
210.45 ofthe Penal pursuant to section
Law. Affirmed under penaltr of perjury.
What vou should do next:
1. inspect yourproperty. Thoroughlyinvestigateyour for
conditions property signsofratsand other
that contributeto rats.
Review your endosed
Information inspectionreportand visittheRat
Portal for
(www.nve.gov/rats) more information on how
active rat to identify
runs,and evidence of gnawing, droppings,
tracksor burrows. You
pest management may choose tohirea licensed
professionaltoassistyou with thisproblem.The RatInformation
(www.nycaov/rats) will you Portal
help selecta pestmanagement
identifyconditions professionalthatcan helpyou
that have led tothepresence of ratson your
problem safely. property and manage the
2. Clean up your property.Sweep up deppings and wash rub
ratsfrom returning. away marks. Thiswilldiscourage
3. Keep rats fromgettingthe food theyneed. Store garbage in hardplastic
or metal
with a tightgettinglid.
Do not containers
put garbage outon the
4. streetmore thanone hour before
Eliminatetheplaces ratscan pickup.
hide,nestand breed. Remove clutterand debrisfrom your
basement and landscaping. yard,
Pest-proof yourproperty
5. Talk to by repairingholes andcracks.
others on yourblock. Managing ratsis a
not cominunity and
affair, your property is
probably theonly one thathas signs ofrats.
Everyone in a neighborhood
together tosolve the has to work
problem, since ratscan quicklymove from one property to thenext.
Neighbors can coordinate cleanupefforts,sharein the of
hiring recensed pest
management
and
professionals, have a biggerimpact by working together.
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
$ @NEW VORKOTYDEPARTMENroF
HEALTHAND MENTALHYG1ENE
so MD,PhD
ORDER OF THE COMMISSIONER
Date:8/4/2022
Job Id:PC7917393
Owner(s)/Agents(s)
PL 123 REALTY GROUP, LLC Propertyin Violation
Care of ADL 108 EAST123 ST BETW
241 WEST37TH STREET3RD LEXINGTONAVE & METRO
FLOOR NEW YORK,
New York 10018 NORTHCONNECTING RAILLINE
UNITED STATES
Borough: Manhattan
Block #: 1771Lot #:70
CCU #:2207364
The above referenced property was inspected by an employee of the New York
Sanitation orthe New York City Department of
CityDepartment of Health on
that 7/21/2022. New York
you arethe owner or City records show
managing agent ofthis and
of property therefore are responsible for
violation the New York City Health Code ("Health Code") which are conducive to
habitation of rats on your feeding and
property. These conditions
to constitute a health nuisance and
life
and health pursuant are a danger
to New York City Administrative code §§17-142 et seq.
Health Code 3.09 and violate
§3.07, and 151.02. See attached inspection report.
YOU ARE HEREBY ORDERED to abate such nuisance conditions and any further
that ariseafter the issuance nuisance conditions
of thisorder.
Five days afteryou receive thisletter,or shortly the
thereafter, New York City
health and Mental Hygiene Pest Department of
Control Services and/or Department of Sanitation willagain
inspect the property. If nuisance conditions still
existin violationof thisorder, the will
following actions: City take the
(1)REMOVAL OF ALL VIOLATIONS. Unless the has
property been adequately the
Department of Health and Mental abated,
Hygiene willbegin a seriesof baItapplications, and the
Department of Sanitation and/or Department of Health and
all Mental Hygiene willclean and
refuse, debris and other materials remove
causing the nuisance conducive to
rats. feeding and habitation of
(2)BILL YOU FOR COSTS OF BAIT APPLICATIONS AND CLEANUP. If
done by abatement work is
Cityagencies, the Citywill bill
you forallthe of the costsof
which abating the health nuisances
includes rodenticidesbait application and costs of removal ofallgarbage, refuse and
creating the nuisance as wellas the debris
costs of any further inspections to confirm or obtain
compliance. If thebillis notpald promptly, the charges willbecome a prioritylienagainst the
property making you unable to sell
the property with a cleartitle.
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
.
YOU WILL RECElVE NO FURHTER NOTICES OR WARNINGS PRIOR TO REINSPECTION BY THE
DEPARTMENT OF HEALTH AND MENTAL HYGlENE AND/Ol! DEPARTMENT OF SANITATION.
Pleasecontact that
New York City Department ef sanitation Lot deaning Blfling Unit in writing at P.o. Box 1519, Triborough Stadorb Alew York, NY 190S5
1) If youobjectto the Order forany reason oryou.have any questions about how to comply with
thisOrder within three days of receiptof thisletter.
2) If youhave received a billforlot clearingservices,and have questions, or wish to contestthe
bill.
Your letter
should include the block and lot numbers of the.property and/or the property
address, a copy of the and
bill, the reason you are contesting the bill.
3) If youclaim you are not the owner of the property, or you cleaned the pmperty to comply
with thisOrder. Your letter
should indude.appropriate documentation.
Mario Merlirio,MS, MPH Assistant Commissioner Bureau
of Veterinary and PestControl Services
WARNING
FAILURE TO COMPLY WITH AN OROER OF THE COMMISSIONER IS AVIOLATION OF NiM(
YORK HEALTH CODE 83.05, AND A MISDEMEANOR, MR WHICH YOU MAY BE SUBJECT TO
CIVIL AND CRIMINAL PENALTIES, INCLUDING FINES AND IMPRISONMENT.
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
NEw YoRKcrTr DEPARtMENToF
HEAl.THAND MENTALHYG1ENE
n vasan.MD,PhD
Health c.emmhuroner
INITIAL INSPECTION FORM
8/4/2022
job ID:PC7917393
Premises in Violation:
Owner Name:
ADJ. 108 EAST 123 ST BETW LEXINGTON PL 123 REALTY GROUP, LLC
AVE & METRO NORTHCONNECTING RAll
LtNE .
Owner Address:
Manhattan
241 WEST 37TN STREET 3RD
Property Type :
FLOOR NEW YORK, New York
Block #: 1771 Lot #:70
10018
UNITED STATES
Prqperty located ofAD). 108 EAST123 STBETW LEXINGTON Al/E & METRO NORTHCONNECTING RAIL
UNE was Inspected by a Public Health Sonitation of the NYC DOHMH ort7/21/2022.
INSPECT0 8NDINGS -VlotATIONS OF NSM YORICOTY HEALTN CODE FOUND:
The New York CityDepartment Sonitationfound
of exposed garbage and/or high weeds on your
property. Gorbage is a sourceof food for rats.High weeds provide harbomge.
WARNING: Falsestatements made hereinare punishable as a class A misdemeanor pursuant to section
220A5 of thePenal I.aw.Affirmed under of
penalty perjury.
what you phould do next:
1. Inspect yourproperty. investigate
Thoroughly yourproperty forsignsof rats andother
conditions thatcontributeto rats.Review yourenclosed inspectionreport and visit
the Rat
Information Portal(www.nvc-sov/rats) formore informationon how to identify
droppings,
activerat runs,and evidence of gnawing,tracksor burrows. You may choose to hirea Ecensed
pest management professionaltoassistyou withthisproblem. The Rat information Portal
(w_gw_,nycgov/rats)willhelp you select
a past management professionalthatcan helpyou
identifyconditionsthat have led to
the presence ofrats on yourproperty and manage the
problem safely.
2. Clean up your property.Sweep up droppingsand wash away rub marks.This will
discourage
ratsfrom returning.
3. Keep ratsfrom gettingthe food need. Store
they garbage in hard plastic
or metalcontainers
with a tightgettinglid.
Do not put garbage outon the streetmore thanone hour before pickup.
4. Eliminate theplaces ratscan hide,nestand breed. Remove clutterand debrisfrom your yard,
basement and landscaping. Pest-proofyourproperty by repairingholesand cracks.
5. Talk toothers on your block. ratsis a community
Managing and
affair, your property is
probably not theonly one that has signs of
rats.
Everyone in a neighborhoodhas towork
together to solvetheproblem, sinceratscan move
quickly from one propertyto thenext.
Neighbors can coordinate cleanup share
efforts, in the of licensed
hiring pest management
professionals,and have a biggerimpact together.
by working
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022
.
5 5 NYCDepartment of Sanitation (DSNY)
Request for Owner's Consent for Access
Lot Cleaning Division
01 nanlS
P.O. Box 685
New York, NY 10035
Request forOwner's Consent for Access DATE: October 21, 2022
NAME & ADDRESS OF OWNER: PROPERTY IN VIOLATION:
ADJ. 108 EAST 123 ST
PL. 123 REALTY GROUP, LLC
241 W. 37TH ST. 3RD FLOOR BOROUGH: MANHATTAN
NEW YORK, NY 10018
BLOCK: 01771
LOTS: 0069 and 0070
CCU#: 22-07364
You were recentlymailed a NYC Department of Health and Mental Hygiene Order of the Comrnissioner
based on NYC Department of Sanitation("DSNY") DS#866 Inspectionreport thatwas also mailed to you,
documenting conditions on theabove-referenced property,such as active rodentsigns and/or putrescible
waste, thatare conducive tothe feeing and habitationof rats.At the timeof when
re-inspection, DSNY
work crews arrivedto enterand clearitheproperty,DSNY found theproperty to be inaccessible fenced
(i.e.,
and locked). We writeto askfor yourconsent forDSNY to enterand cleanthe property. Please returnthis
form to theaddress below within 15 days of thedate of this
.letter
I hereby grant consent to NYC Department of Sanitationpersonnel to enterthe above-referenced
property toabate therat harborage health nuisance. Iagree to provide access to theabove-referenced
property toDSNY ata time tobe pre-arranged with DSNY, thetime tobe within 15 days of thedate of this
between
letter, the hoursof 6:00AM and 10:00AM on a non-holiday weekday (Monday through Friday).
Possible non-holiday weekday mornirigdates and times when you will
provide access to DSNY personnel:
o I understand that I will
be billed
by the City forthe clean-up costs of thisabatement..
o I understandthat I will
not be given an estimate ofthis billbefore the clean-up.
o I understand.that a.Iotwillnot deemed tobe sufficientlyclean if onlyextermination has been
done and if debris
and garbage have been left
on the lot inbags orin a dumpster on the lot
If youdeny consent,or offerconsent but do not provide access, orif this
consent form is not receivedby DSNY
within15 calendar days of thedateof this and
letter, the nuisance conditions(activerodent signsand/or putrescible
waste) have not been removed, the Citymay make an applicationto theNYS Supreme Court in thecounty in which
the propertyis locatedforcourt to enter
authorization the premises and perform the abatement.
If youraise any other issues in response to thisDSNY request foraccess, please write SEPARATELY to
the New York City Department of Sanitation BillingUnH, Post Of f ice
Box 1519,New York,N.Y. 10035 as you
were advised to do inthe NYC.Department of Health and Mental Hygiene Order of the Commissioner.
Return This Form Only If You Are Granting The CityAccess To Clean Your Property To: :
DSNY LotCleaning DivisionRequest forOwner's Consentfor Access POB 685, New York, NY 10035 or
scan this form
Preview
FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 Exhibit A FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____________-----__..------------___________....___________________________Ç In the Matter of the Application of the City of New York, the New York City Department of Health and Mental Hygiene, Petitioners, AFFIDAVIT IN SUPPORT OF -against- ACCESS ORDER FOR A COURT ORDER TO ENTER UPON THE LAND LOCATED AT Adjacent to 108 East 123 Street in the Borough of Manhattan, Block 01771, Lots 0069 and 0070 FOR THE PURPOSE OF INSPECTING AND ABATING THE NUISANCE EXISTING THEREUPONIN VIOLATIONOF THE HEALTH AND SAFETY REQUIREMENTS OF THE NEW YORK CITY HEALTH CODE Respondent. ______________________..._________.--____________.....------______---------x STATE OF NEW YORK ) : SS.: COUNTY OF NEW YORK ) Jerome Nabbie, being duly sworn, deposes as follows: 1. I am employed with the Department of Sanitation ("DSNY") as a Community Coordinator. Since 2014, my duties have included the inspection of real property in the City ofNew York for conditions conducive to the breeding and harborage ofrats. Ireceived training from New York City Department of Health and Mental Hygiene ("DOHMH") personnel, including a rodentologist and a bureau director with a Masters degree in Public Health. The training included instruction in recognizing rat harborage and active rodent signs that rats are living on a site, as the rats themselves may not be visible at the time the sites are photographed. petitioners' 2. I submit this affidavit in support of application for an access order, authorizing entry onto the premises located, adjacent to 108 East 123 Street in the Borough of Manhattan, Block 01771, Lots 0069 and 0070, to abate conditions conducive to the breeding and harborage of rats. I am familiar with the facts set forth herein based on personal knowledge, my review of records of the City of New York, and communications with employees, officers and agents of the City. 3. The affidavit of Mario Merlino, Assistant Commissioner of the DOHMH Bureau of Veterinary and Pest Control Services dated March 1, 2022(annexed herein as Exhibit C), petitioners' sets forth the legal and epidemiological basis for application for an access order. FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 4. On July 21, 2022, employees of the DSNY Lot Cleaning Division inspected the subject premises and observed conditions conducive to rat breeding and harborage, which conditions are set forth in the inspection report attached hereto. As stated in the report, DSNY employees could not gain access to the subject premises because the property was fenced with no gate. 5. Subsequently, DSNY notified DOHMH of the violative conditions. As a result on August 4, 2022; DOHMH issued Orders of the Commissioner, CCU#: 22-07364; Job ID's: PC7917392 and PC7917393 respectively; notifying the owner of the subject premises of the existing violative conditions and ordering the owner to abate such conditions. As is set forth in the annexed affidavits of service, these Orders were served on the owner of record: PL. 123 REALTY GROUP, LLC 241 W. 37TH ST. 3RD FLOOR NEW YORK, NY 10018 6. Subsequently, on September 14, 2022, employees of the DSNY Lot Cleaning Division returned to inspect the subject premises and observed that the property stillcontained conditions conducive to the breeding and harborage of rats. Such conditions are set forth in the inspection reports attached hereto. 7. I was present at the most recent inspection on September 14, 2022, at which time I photographed the violative conditions. The photographs annexed herein as Exhibit B show the presence of active rodent signs including active rat burrows with smooth shiny compacted burrow hole openings. 8. We were unable to gain access to the subject premises in order to abate the violative conditions because the property was fenced with no gate. See the inspection reports annexed hereto. 9. By letterdated October 21, 2022 (annexed hereto) and mailed to each known owner (proof of service e annexed hereto), DSNY requested consent to enter the subject premises so as to inspect and abate the nuisance. As of the date I am signing this affidavit, DSNY records reflect that DSNY has not received consent to enter the subject premises to inspect and abate the nuisance from the owners at the email or postal mail addresses provided for that purpose on the consent request letter. 10. To the best of my knowledge, the violative conditions described herein continue to exist. 4E O BBIE Sworn to before me this Day of 2022 Commissioner of Deeds EDWARD M. YOOD commissioner ofDeeds orman vesk - No. city FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 STATE OF NEW YORK ) :SS: COUNTY OF QUEENS ) JOSEPH HINES, being duly sworn, deposes and says: I work on the staff of the New York City Department of Health and Mental Hygiene. On August 8, 2022, I served the Order of the Commissioner dated August 4, 2022, CCU: 22-07364, Job ID: PC7917392 , regarding Block: 01771, Lot: 0069, in the Borough of Manhattan to the owner of record: PL. 123 REALTY GROUP, LLC 241 W. 37TH ST. 3RD FLOOR NEW YORK, NY 10018 by depositing a copy enclosed in a postpaid wrapper in a post office depository regularly maintained by the United States Postal Service, directed to said owner at the above-listed address of record. JOsS PH HINES Sworn to before me this (b*' day of A)o vem64e, 2022 J Co wn acocag o pE8V EDWARD M. YOOD commtssioner at Dea a FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 STATE OF NEW YORK ) :SS: COUNTY OF QUEENS ) JOSEPH HINES, being duly sworn, deposes and says: I work on the staff of the New York City Department of Health and Mental Hygiene. On August 8, 2022, I served the Order of the Commissioner dated August 4, 2022, CCU: 22-07364, Job ID: PC7917393 , regarding Block: 01771, Lot: 0070 in the Borough of Manhattan to the owner of record: PL. 123 REALTY GROUP, LLC 241 W. 37TH ST. 3RD FLOOR NEW YORK, NY 10018 by depositing a copy enclosed in a postpaid wrapper in a post office depository regularly maintained by the United States Postal Service, directed to said owner at the above-listed address of record. J EPH HI ES Sworn to before me this /9 day of e vembe+ , 2022 EDWARD M. YOOD -- coenmisstomer ofcosts ofNam Vssk - WIS. 1 City e FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 STATE OF NEW YORK ) :SS: COUNTY OF NEW YORK ) EDWARD M. YOOD, being duly sworn, deposes and says: I work on the staff of the New York City Department of Sanitation. On October 22, 2022, I served the annexed Lot Owner Access Consent Form dated October 21, 2022, regarding Block: 01771, Lots: 0069 and 0070, in the Borough of Manhattan to the owner of record PL. 123 REALTY GROUP, LLC 241 W. 37TH ST. 3RD FLOOR NEW YORK, NY 10018 by depositing a copy enclosed in a postpaid wrapper in a post office depository regularly maintained by the United States Postal Service, directed to said owner at the above-listed address of record. EDWARD M. YOOD Swo bef e me this $ y of /ü4LÁµ4,.2022 COMMISSIONER OF DEEDS ROSE WIWANS ork 4 CRy o CondmissionExpires 7 FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 ')#T&JM¤nsw vonx eny cEPARTMENToF HEAGH AND MBGrAL HVGENE lg;p h MD,PhD ORDER OF THE COMMISSIONER Date:8/4/2022 Job id:PC7917392 owner(s)/Agents(s) Propertyin Violation. PL 123 REALTY GROUP. LLC ADJ. iOBEAST 123 ST BErW Care of LEXINGToN AVE & METRo 241 w.s7TH ST. 3RD FLOOR NEW YORK, New NORTHCDNNECHNG RAIL UNE York 10018 UNITED STATES Borough: Manhattan alock a: 1771I.ot 8: 69 CCU #" 2207364 The above referenced property was inspected by an employee of the New York City Department of Sanitation or the New York CityDepartment of Health on 7/21/2022. New York City records show that you are the owner or managing agent ofthisproperty and therefore are responsible for violationof the New York Oty Health code ("Health Code") which are conducive to feeding and habitation of ratson your property. These conditions constitute a health nuisance and are a danger to lifeand health pursuant to New York CityAdministrative code §§17-142 et seq.and violáte Health Code §3.07, 3.09 and 151.02. See attached inspection report. YOU ARE HEREBY ORDERED to abate such nulsance conditions and any furthernuisance conditions that ariseafter the issuance of thisorder. Five days after you receive this or letter, shortly thereafter,.the New York City Department of health and Mental Hygiene Pest Control Services and/or Department ofSanitation will again inspect the property. ifnuisance conditions still exist in violadon of thisorder, the Citywilltake the following actions: (1)REMOVAL OF ALL VIOl.ATIONS. Unless the property has been adequately abated, the Department of Health and Mental Hygiene willbegin a seriesof bait applications,and the Department of Sanitation and/or Department of Health and Mental Hygiene willclean and remove allrefuse, debris and other materials causing the nuisance conducive to feeding and habitation of rats. (2)BILL YOU FOR COSTS OF BAIT APPUCATIONS AND CLEANUP. If abatement work is done by Cityagencies, the Citywillbillyou for allthe ofthe costs of abating the health nuisances which includes rodenticides balt application and costs of removal of allgarbage, refuse and debris creating the nuisance as well as the costs ofany further inspections to confirm or obtain compliance. If thebillis notpaid promptly, the charges will become a prioritylienagainst the property making you unable to sellthe property with a cleartitle. FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 & YOU WILL RECEIVE NO FURHTER NOTICES OR WARNINGS PRIOR TO REINSPECTION BY THE DEPARTMENT OF HEALTH AND MENTAL HYGlENE AND/OR DEPARTMENT OF SANITATION. Pleasecontact that New York City Department ef Sanitation I.ot CleaningBilling Unit in writing at P.O. Box 1519, Trhorough station,New York,NY 10095 1) If youobjectto the Order forany reason oryou.have any questions about how to comply with thisOrder within three days of receiptof thisletter. 2) If you have received a bill for lotclearing services,and have questions, or wish tocontest the bill. Your lettershould include the block innd lotnumbers ofthe property and/or the property address, a copy of the and bill, the reason you arecontesting the bill. 3) If youclaim you arenot the owner of the property, or you cleaned the pmperty to comply with thisOrder. Your lettershould indude.appropriate documentation. Mario Merlirio,MS, MPH Assistant Commissioner Bureau of Veterinary and Pest Control Services WARNING FAILURE TO COMPLY WITH AN ORDER OF THE COMMI$SIONER IS AVIOLATION OF NÈ!W YORK HEALTH CODE B3.05, AND A MISDEMEANOR, FOR WHICH YOU MAY BE SURIECT TO CIVIL AND CRIMINAL PENALTIES, INCLUDING FINES AND IMPRISONMENT. FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 NEW VoRKCnY DEP/UmdENr oF HEALTHAND MENrALH7681E INITIAL INSPECTION .RM 8/4/2022 Job ID: PC7917392 Premises in Violation: ADJ. 108 Owner Name: EAST 123 ST BETW LEXINGTON AVE 8t PL 123 REALTY METRO NORTHCONNECTING GROUP, LLC RAIL UNE Manhattan Owner Address: Property Type : 241W. 37TH ST. 3RD FLOOR NEW Block #: 1771 Lot YORK, New York 10018 #:69 UNITED STATES Property Iocated ofAD). 108 EAST 123 ST BE1W LEXINGTON UNE was AVE & MET RO inspected by a Public Health NORTHCONNECTING RAIL Sonitarian of the NYC DOHMH on 7/2 /2022. INSPECTOR FINDINGS - VIOLATIONS OF NEW 1CQRK G11MFALTH CDDE FOUNDr - The New York CityDepartment ofSonitatiortfound exposed property. garbage and/or high weeds Gorbage is a source on your of foodfor rats. High weeds provide harborage. WARNING: Falsestatements made herein arepunishable as a dassA misdemeanor 210.45 ofthe Penal pursuant to section Law. Affirmed under penaltr of perjury. What vou should do next: 1. inspect yourproperty. Thoroughlyinvestigateyour for conditions property signsofratsand other that contributeto rats. Review your endosed Information inspectionreportand visittheRat Portal for (www.nve.gov/rats) more information on how active rat to identify runs,and evidence of gnawing, droppings, tracksor burrows. You pest management may choose tohirea licensed professionaltoassistyou with thisproblem.The RatInformation (www.nycaov/rats) will you Portal help selecta pestmanagement identifyconditions professionalthatcan helpyou that have led tothepresence of ratson your problem safely. property and manage the 2. Clean up your property.Sweep up deppings and wash rub ratsfrom returning. away marks. Thiswilldiscourage 3. Keep rats fromgettingthe food theyneed. Store garbage in hardplastic or metal with a tightgettinglid. Do not containers put garbage outon the 4. streetmore thanone hour before Eliminatetheplaces ratscan pickup. hide,nestand breed. Remove clutterand debrisfrom your basement and landscaping. yard, Pest-proof yourproperty 5. Talk to by repairingholes andcracks. others on yourblock. Managing ratsis a not cominunity and affair, your property is probably theonly one thathas signs ofrats. Everyone in a neighborhood together tosolve the has to work problem, since ratscan quicklymove from one property to thenext. Neighbors can coordinate cleanupefforts,sharein the of hiring recensed pest management and professionals, have a biggerimpact by working together. FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 $ @NEW VORKOTYDEPARTMENroF HEALTHAND MENTALHYG1ENE so MD,PhD ORDER OF THE COMMISSIONER Date:8/4/2022 Job Id:PC7917393 Owner(s)/Agents(s) PL 123 REALTY GROUP, LLC Propertyin Violation Care of ADL 108 EAST123 ST BETW 241 WEST37TH STREET3RD LEXINGTONAVE & METRO FLOOR NEW YORK, New York 10018 NORTHCONNECTING RAILLINE UNITED STATES Borough: Manhattan Block #: 1771Lot #:70 CCU #:2207364 The above referenced property was inspected by an employee of the New York Sanitation orthe New York City Department of CityDepartment of Health on that 7/21/2022. New York you arethe owner or City records show managing agent ofthis and of property therefore are responsible for violation the New York City Health Code ("Health Code") which are conducive to habitation of rats on your feeding and property. These conditions to constitute a health nuisance and life and health pursuant are a danger to New York City Administrative code §§17-142 et seq. Health Code 3.09 and violate §3.07, and 151.02. See attached inspection report. YOU ARE HEREBY ORDERED to abate such nuisance conditions and any further that ariseafter the issuance nuisance conditions of thisorder. Five days afteryou receive thisletter,or shortly the thereafter, New York City health and Mental Hygiene Pest Department of Control Services and/or Department of Sanitation willagain inspect the property. If nuisance conditions still existin violationof thisorder, the will following actions: City take the (1)REMOVAL OF ALL VIOLATIONS. Unless the has property been adequately the Department of Health and Mental abated, Hygiene willbegin a seriesof baItapplications, and the Department of Sanitation and/or Department of Health and all Mental Hygiene willclean and refuse, debris and other materials remove causing the nuisance conducive to rats. feeding and habitation of (2)BILL YOU FOR COSTS OF BAIT APPLICATIONS AND CLEANUP. If done by abatement work is Cityagencies, the Citywill bill you forallthe of the costsof which abating the health nuisances includes rodenticidesbait application and costs of removal ofallgarbage, refuse and creating the nuisance as wellas the debris costs of any further inspections to confirm or obtain compliance. If thebillis notpald promptly, the charges willbecome a prioritylienagainst the property making you unable to sell the property with a cleartitle. FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 . YOU WILL RECElVE NO FURHTER NOTICES OR WARNINGS PRIOR TO REINSPECTION BY THE DEPARTMENT OF HEALTH AND MENTAL HYGlENE AND/Ol! DEPARTMENT OF SANITATION. Pleasecontact that New York City Department ef sanitation Lot deaning Blfling Unit in writing at P.o. Box 1519, Triborough Stadorb Alew York, NY 190S5 1) If youobjectto the Order forany reason oryou.have any questions about how to comply with thisOrder within three days of receiptof thisletter. 2) If youhave received a billforlot clearingservices,and have questions, or wish to contestthe bill. Your letter should include the block and lot numbers of the.property and/or the property address, a copy of the and bill, the reason you are contesting the bill. 3) If youclaim you are not the owner of the property, or you cleaned the pmperty to comply with thisOrder. Your letter should indude.appropriate documentation. Mario Merlirio,MS, MPH Assistant Commissioner Bureau of Veterinary and PestControl Services WARNING FAILURE TO COMPLY WITH AN OROER OF THE COMMISSIONER IS AVIOLATION OF NiM( YORK HEALTH CODE 83.05, AND A MISDEMEANOR, MR WHICH YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES, INCLUDING FINES AND IMPRISONMENT. FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 NEw YoRKcrTr DEPARtMENToF HEAl.THAND MENTALHYG1ENE n vasan.MD,PhD Health c.emmhuroner INITIAL INSPECTION FORM 8/4/2022 job ID:PC7917393 Premises in Violation: Owner Name: ADJ. 108 EAST 123 ST BETW LEXINGTON PL 123 REALTY GROUP, LLC AVE & METRO NORTHCONNECTING RAll LtNE . Owner Address: Manhattan 241 WEST 37TN STREET 3RD Property Type : FLOOR NEW YORK, New York Block #: 1771 Lot #:70 10018 UNITED STATES Prqperty located ofAD). 108 EAST123 STBETW LEXINGTON Al/E & METRO NORTHCONNECTING RAIL UNE was Inspected by a Public Health Sonitation of the NYC DOHMH ort7/21/2022. INSPECT0 8NDINGS -VlotATIONS OF NSM YORICOTY HEALTN CODE FOUND: The New York CityDepartment Sonitationfound of exposed garbage and/or high weeds on your property. Gorbage is a sourceof food for rats.High weeds provide harbomge. WARNING: Falsestatements made hereinare punishable as a class A misdemeanor pursuant to section 220A5 of thePenal I.aw.Affirmed under of penalty perjury. what you phould do next: 1. Inspect yourproperty. investigate Thoroughly yourproperty forsignsof rats andother conditions thatcontributeto rats.Review yourenclosed inspectionreport and visit the Rat Information Portal(www.nvc-sov/rats) formore informationon how to identify droppings, activerat runs,and evidence of gnawing,tracksor burrows. You may choose to hirea Ecensed pest management professionaltoassistyou withthisproblem. The Rat information Portal (w_gw_,nycgov/rats)willhelp you select a past management professionalthatcan helpyou identifyconditionsthat have led to the presence ofrats on yourproperty and manage the problem safely. 2. Clean up your property.Sweep up droppingsand wash away rub marks.This will discourage ratsfrom returning. 3. Keep ratsfrom gettingthe food need. Store they garbage in hard plastic or metalcontainers with a tightgettinglid. Do not put garbage outon the streetmore thanone hour before pickup. 4. Eliminate theplaces ratscan hide,nestand breed. Remove clutterand debrisfrom your yard, basement and landscaping. Pest-proofyourproperty by repairingholesand cracks. 5. Talk toothers on your block. ratsis a community Managing and affair, your property is probably not theonly one that has signs of rats. Everyone in a neighborhoodhas towork together to solvetheproblem, sinceratscan move quickly from one propertyto thenext. Neighbors can coordinate cleanup share efforts, in the of licensed hiring pest management professionals,and have a biggerimpact together. by working FILED: NEW YORK COUNTY CLERK 11/29/2022 02:20 PM INDEX NO. 453036/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 11/29/2022 . 5 5 NYCDepartment of Sanitation (DSNY) Request for Owner's Consent for Access Lot Cleaning Division 01 nanlS P.O. Box 685 New York, NY 10035 Request forOwner's Consent for Access DATE: October 21, 2022 NAME & ADDRESS OF OWNER: PROPERTY IN VIOLATION: ADJ. 108 EAST 123 ST PL. 123 REALTY GROUP, LLC 241 W. 37TH ST. 3RD FLOOR BOROUGH: MANHATTAN NEW YORK, NY 10018 BLOCK: 01771 LOTS: 0069 and 0070 CCU#: 22-07364 You were recentlymailed a NYC Department of Health and Mental Hygiene Order of the Comrnissioner based on NYC Department of Sanitation("DSNY") DS#866 Inspectionreport thatwas also mailed to you, documenting conditions on theabove-referenced property,such as active rodentsigns and/or putrescible waste, thatare conducive tothe feeing and habitationof rats.At the timeof when re-inspection, DSNY work crews arrivedto enterand clearitheproperty,DSNY found theproperty to be inaccessible fenced (i.e., and locked). We writeto askfor yourconsent forDSNY to enterand cleanthe property. Please returnthis form to theaddress below within 15 days of thedate of this .letter I hereby grant consent to NYC Department of Sanitationpersonnel to enterthe above-referenced property toabate therat harborage health nuisance. Iagree to provide access to theabove-referenced property toDSNY ata time tobe pre-arranged with DSNY, thetime tobe within 15 days of thedate of this between letter, the hoursof 6:00AM and 10:00AM on a non-holiday weekday (Monday through Friday). Possible non-holiday weekday mornirigdates and times when you will provide access to DSNY personnel: o I understand that I will be billed by the City forthe clean-up costs of thisabatement.. o I understandthat I will not be given an estimate ofthis billbefore the clean-up. o I understand.that a.Iotwillnot deemed tobe sufficientlyclean if onlyextermination has been done and if debris and garbage have been left on the lot inbags orin a dumpster on the lot If youdeny consent,or offerconsent but do not provide access, orif this consent form is not receivedby DSNY within15 calendar days of thedateof this and letter, the nuisance conditions(activerodent signsand/or putrescible waste) have not been removed, the Citymay make an applicationto theNYS Supreme Court in thecounty in which the propertyis locatedforcourt to enter authorization the premises and perform the abatement. If youraise any other issues in response to thisDSNY request foraccess, please write SEPARATELY to the New York City Department of Sanitation BillingUnH, Post Of f ice Box 1519,New York,N.Y. 10035 as you were advised to do inthe NYC.Department of Health and Mental Hygiene Order of the Commissioner. Return This Form Only If You Are Granting The CityAccess To Clean Your Property To: : DSNY LotCleaning DivisionRequest forOwner's Consentfor Access POB 685, New York, NY 10035 or scan this form