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FILED: WESTCHESTER COUNTY CLERK 12/23/2016 01:17 PM INDEX NO. 69595/2016
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2016
REQUEST FOR JUDICIAL For Court Clerk Use Only:
UCS-840 (7/2012)
IAS Entry Date
Westchester Supreme COURT, COUNTY OF Westchester
Judge Assigned
Index Date Index
Enter the complete case caption. Do not use et al or et ano. If more space is required, RJI Date
CAPTION attach a caption rider sheet.
Board of Education of the Mount Vernon City School District
Plaintiff(s)
-against-
City of Mount Vernon, Mount Vernon Industrial Development Agency, Richard Thomas
Defendant(s)/Respondent
NATURE OF ACTION OR Check ONE box only and specify where
MATRIMONIAL COMMERCIAL
☐ Contested ☐ Business Entity (including corporations, partnerships, LLCs, etc.)
☐ Contract
NOTE: For all Matrimonial actions where the parties have children under
the age of 18, complete and attach the MATRIMONIAL RJI Addendum.
For Uncontested Matrimonial ☐ Insurance (where insurer is a party, except
☐ UCC (including sales, negotiable instruments)
TORTS
☐ Other
☐ Asbestos
NOTE: For Commercial Division assignment requests [22 NYCRR § 202.70(D)],
☐ Breast complete and attach the COMMERCIAL DIV RJI
REAL PROPERTY: How many properties does the application
☐ Environment
☐ Condemnation
☐ Medical, Dental, or Podiatric
☐ Mortgage Foreclosure: ☐ Residential ☐ Commercial
☐ Motor Property
NOTE: For Mortgage Foreclosure actions involving a one- to four-family, owner-
☐ Products occupied, residential property, or an owner-occupied condominium, complete and
attach the FORECLOSURE RJI
☐ Other
☐ Tax Certiorari - Block Lot
☐ Other Professional
☐ Tax
☐ Other ☐ Other Real
OTHER MATTERS SPECIAL PROCEEDINGS
☐ Certificate of Incorporation/Dissolution
[see NOTE under Commercial] ☐ CPLR Article 75 (Arbitration)
[see NOTE under Commercial]
☐ Emergency Medical ☒ CPLR Article 78 (Body or
☐ Habeas Corpus ☐ Election Law
☐ Local Court ☐ MHL Article 9.60 (Kendra's Law)
☐ Mechanic's Lien ☐ MHL Article 10 (Sex Offender Confinement-Initial)
☐ Name Change ☐ MHL Article 10 (Sex Offender Confinement-Review)
☐ Pistol Permit Revocation ☐ MHL Article 81
☐ Sale or Finance of Religious/Not-for-Profit ☐ Other Mental
☐ Other ☐ Other Special
STATUS OF ACTION OR Answer YES or NO for EVERY question AND enter additional information where
YES NO
Has a summons and complaint or summons w/notice ☐ ☒ If yes, date
Has a summons and complaint or summons w/notice been ☐ ☒ If yes, date
Is this action/proceeding being filed post- ☐ ☒ If yes, judgment
1 of 2
NATURE OF JUDICIAL Check ONE box only AND enter additional information where indicated.
☐ Infant's
☐ Note of Issue and/or Certificate of Readiness
☐ Notice of Medical, Dental, or Podiatric Date Issue Joined:
☐ Notice of Motion Relief Sought: Return Date:
☒ Notice of Petition Relief Sought:
Article 78 (Body or Officer) Return Date: 01/27/2017
☐ Order to Show Cause Relief Sought: Return Date:
☐ Other Ex Parte Application Relief Sought:
☐ Poor Person Application
☐ Request for Preliminary Conference
☐ Residential Mortgage Foreclosure Settlement
☐ Writ of Habeas Corpus
☐ Other
RELATED List any related actions. For Matrimonial actions, include any related criminal and/or Famiy Court cases.
If additional space is required, complete and attach the RJI Addendum. If
Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant
PARTIES For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail
address in space provided. If additional space is required, complete and attach the
Parties: Attorneys and/or Unrepresented Litigants:
List parties in caption order and indicate Issue
Provide attorney name, firm name, business address, phone number and e-
Un- Insurance Carrier(s):
party role(s) (e.g., defendant; 3rd-party Joined
mail address of all attorneys that have appeared in the case. For
Rep plaintiff). unrepresented litigants, provide address, phone number and e-mail address.
(Y/N):
Name: Board of Education of the Mount
THOMAS SCAPOLI, INGERMAN SMITH, LLP, 550 Mamaroneck Avenue ,
Vernon City School District Harrison, NY 10528, 914-777-1134, tscapoli@ingermansmith.com
☐ Role(s): Plaintiff/Petitioner
NO
Name: City of Mount Vernon City Hall, One Roosevelt Square, Mount Vernon, NY 10550
☒ Role(s): Defendant/Respondent
NO
Name: Mount Vernon Industrial Development
City Hall, One Roosevelt Square, Mount Vernon, NY 10550
Agency
☒ Role(s): Defendant/Respondent
NO
Name: Richard Thomas City Hall, One Roosevelt Square, Mount Vernon, NY 10550
☒ Role(s): Defendant/Respondent
NO
Name:
☐ Role(s):
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE
ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL
INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING.
Dated 12/23/2016 THOMAS SCAPOLI
SIGNATURE
2725000 THOMAS SCAPOLI
ATTORNEY REGISTRATION PRINT OR TYPE NAME
This form was generated by
2 of 2
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FILED: WESTCHESTER COUNTY CLERK 12/23/2016 01:17 PM INDEX NO. 69595/2016 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/23/2016 REQUEST FOR JUDICIAL For Court Clerk Use Only: UCS-840 (7/2012) IAS Entry Date Westchester Supreme COURT, COUNTY OF Westchester Judge Assigned Index Date Index Enter the complete case caption. Do not use et al or et ano. If more space is required, RJI Date CAPTION attach a caption rider sheet. Board of Education of the Mount Vernon City School District Plaintiff(s) -against- City of Mount Vernon, Mount Vernon Industrial Development Agency, Richard Thomas Defendant(s)/Respondent NATURE OF ACTION OR Check ONE box only and specify where MATRIMONIAL COMMERCIAL ☐ Contested ☐ Business Entity (including corporations, partnerships, LLCs, etc.) ☐ Contract NOTE: For all Matrimonial actions where the parties have children under the age of 18, complete and attach the MATRIMONIAL RJI Addendum. For Uncontested Matrimonial ☐ Insurance (where insurer is a party, except ☐ UCC (including sales, negotiable instruments) TORTS ☐ Other ☐ Asbestos NOTE: For Commercial Division assignment requests [22 NYCRR § 202.70(D)], ☐ Breast complete and attach the COMMERCIAL DIV RJI REAL PROPERTY: How many properties does the application ☐ Environment ☐ Condemnation ☐ Medical, Dental, or Podiatric ☐ Mortgage Foreclosure: ☐ Residential ☐ Commercial ☐ Motor Property NOTE: For Mortgage Foreclosure actions involving a one- to four-family, owner- ☐ Products occupied, residential property, or an owner-occupied condominium, complete and attach the FORECLOSURE RJI ☐ Other ☐ Tax Certiorari - Block Lot ☐ Other Professional ☐ Tax ☐ Other ☐ Other Real OTHER MATTERS SPECIAL PROCEEDINGS ☐ Certificate of Incorporation/Dissolution [see NOTE under Commercial] ☐ CPLR Article 75 (Arbitration) [see NOTE under Commercial] ☐ Emergency Medical ☒ CPLR Article 78 (Body or ☐ Habeas Corpus ☐ Election Law ☐ Local Court ☐ MHL Article 9.60 (Kendra's Law) ☐ Mechanic's Lien ☐ MHL Article 10 (Sex Offender Confinement-Initial) ☐ Name Change ☐ MHL Article 10 (Sex Offender Confinement-Review) ☐ Pistol Permit Revocation ☐ MHL Article 81 ☐ Sale or Finance of Religious/Not-for-Profit ☐ Other Mental ☐ Other ☐ Other Special STATUS OF ACTION OR Answer YES or NO for EVERY question AND enter additional information where YES NO Has a summons and complaint or summons w/notice ☐ ☒ If yes, date Has a summons and complaint or summons w/notice been ☐ ☒ If yes, date Is this action/proceeding being filed post- ☐ ☒ If yes, judgment 1 of 2 NATURE OF JUDICIAL Check ONE box only AND enter additional information where indicated. ☐ Infant's ☐ Note of Issue and/or Certificate of Readiness ☐ Notice of Medical, Dental, or Podiatric Date Issue Joined: ☐ Notice of Motion Relief Sought: Return Date: ☒ Notice of Petition Relief Sought: Article 78 (Body or Officer) Return Date: 01/27/2017 ☐ Order to Show Cause Relief Sought: Return Date: ☐ Other Ex Parte Application Relief Sought: ☐ Poor Person Application ☐ Request for Preliminary Conference ☐ Residential Mortgage Foreclosure Settlement ☐ Writ of Habeas Corpus ☐ Other RELATED List any related actions. For Matrimonial actions, include any related criminal and/or Famiy Court cases. If additional space is required, complete and attach the RJI Addendum. If Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant PARTIES For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail address in space provided. If additional space is required, complete and attach the Parties: Attorneys and/or Unrepresented Litigants: List parties in caption order and indicate Issue Provide attorney name, firm name, business address, phone number and e- Un- Insurance Carrier(s): party role(s) (e.g., defendant; 3rd-party Joined mail address of all attorneys that have appeared in the case. For Rep plaintiff). unrepresented litigants, provide address, phone number and e-mail address. (Y/N): Name: Board of Education of the Mount THOMAS SCAPOLI, INGERMAN SMITH, LLP, 550 Mamaroneck Avenue , Vernon City School District Harrison, NY 10528, 914-777-1134, tscapoli@ingermansmith.com ☐ Role(s): Plaintiff/Petitioner NO Name: City of Mount Vernon City Hall, One Roosevelt Square, Mount Vernon, NY 10550 ☒ Role(s): Defendant/Respondent NO Name: Mount Vernon Industrial Development City Hall, One Roosevelt Square, Mount Vernon, NY 10550 Agency ☒ Role(s): Defendant/Respondent NO Name: Richard Thomas City Hall, One Roosevelt Square, Mount Vernon, NY 10550 ☒ Role(s): Defendant/Respondent NO Name: ☐ Role(s): I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated 12/23/2016 THOMAS SCAPOLI SIGNATURE 2725000 THOMAS SCAPOLI ATTORNEY REGISTRATION PRINT OR TYPE NAME This form was generated by 2 of 2