Preview
INDEX NO. 450916/2016
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/27/2016
o7
z
weeks aw Ter 0 r\f the
Supreme Court of the State of New York,
held in and for the County of New York,
City and State of York, at the
New
Courthouse located at Centre eet,
New_Y rk, New York on the 27 day of
“5 , 2016
ARLENE P. mee
PRESENT: HON. JUSTICE
JSS,
ee eenneneee nnn en enna enna nnneeneenennnnnn
ane! ane
THE CITY OF NEW YORK,
Plaintiff,
- against -
ORDER TO SHOW CAUSE
THE LAND AND BUILDING KNOWN AS 601
WEST 139 STREET A/K/A 3421 BROADWAY,
Index No.: 450G lo/: LO] L
TAX BLOCK 2087, TAX LOT 93, COUNTY of
NEW YORK, CITY and STATE of NEW YORK;
Filed On-*%
GVS PROPERTIES, LLC; "JOHN DOE" and
“JANE DOE," fictitiously named parties, true
names unknown, the intended being the owners,
lessees, operators Or. occupants of Apartment 62
located at 601 West 139 Street, New York, New
York; and any person claiming any right, title or
interest in the real property which is the subject of
this action,
Defendants.
ence cence cence nn ene een ne nee een en en encnnnnanenannnenennnen
Upon the annexed affi: imation of Adam-Z Hirsch, Esq., dated July 22, 2016; the affidavit
of Police Officer Andrew eT
dated bp
MHés, April 6, 2016; to; er with the exhibits, and the
agpet 3
Summons and Verified Complaint, verified by Sheryl Nétfe! ., on July 1, 2016,
EX che Motion Ter
LET the defendants or their attorneys [Show Cause before this Court at Lakeman of
alDe
Aays1.
the Court, Room BLS be held at re house, entre Street, County of New York,
City and State of New York, on the day of US 1, 2016, af 3t ‘clock in the
forenoon of that day or as soon thereafter as counsel can be heard,
lof 4
1 of 4
Why an order should not be made pursuant to Sections 7-707, 7-709, 7-710 and 7-711 of
the New York City Administrative Code and Sections 6301 and 6311 of the Civil Practice Law
and Rules, enjoining the defendants, their agents, employees and/or representatives, and all
persons acting individually or in concert with them, during the pendency of this action:
A From the use and/or occupancy of, or permitting the use and/or occupancy of, the
apartment designated as “62” within the building located at 601 WEST 139
STREET, New York, (hereinafter "the subject premises") by any and all
individuals aged 18 years or older arrested within the subject premises within the
past year and any and all persons acting individually or in concert with them for
any purpose whatsoever; and, if no individuals aged 18 years or older who reside
in the premises are present after the exclusion from the premises of any and all
persons arrested and any and all persons acting individually or in concert with
them, directing that said premises shall be closed;
From removing or in any other manner interfering with the furniture, fixtures and
movable property used in conducting, maintaining or permitting the nuisance
complained of herein; and
From conducting, maintaining, operating or permitting the subject premises to be
used or occupied for the criminal sale and/or possession of controlled substances
and/or marijuana, or for any other activity in violation of Articles 220 and/or 221
of the New York State Penal Law; and
NOW IT IS HEREBY ORDERED THAT, pursuant to Sect '10 of the New, rk
City Aministr: le and CPLR Sectiox6313, pe hearing of thi fon, any ant
2 of 4
20f 4
exsuyi
II indivja Is ai ted within the subject premises within the past year-and.
( (a ) And Lalycy-in-copsey ene arefrdhibited fro entefing the supject es fo]
ly gge \Whatsoev| ptess said\indivigéal is ut der theAage of eighteen £18) and resides wi
his/her parent ahd/o. @al guardian in the subject premises;
YW/IS FURTHER ORDERED AT pursuant to ection 7-710 of the df York City
Ag infstrativg Code and Sections bf the Civil Pragfice Lay and Rules pend gthe hearing 9
this otion, [yefendants, their, mployees, axd/or reprgsentatives, 9 bd
are enjoined.
From pe: ting any gnd all individuals arresfed withiy hin
e
cone: to
the past ypar Adaay barred dividn
enter the subject premises fof any purpose gever, unless dividual is
under the.age of cighteen (18) and resides er parent and/g gal guasdian
in the subject premis¢s; and
\ 2, removing or in\any oth manner inte: AD with the fure, fixtures land
yO prgperty \used mtainigg or'\permitting the Auisyng
co} plai d of herg
From conducti! Bs maintaining, op B or pe: fing the subject/prespises tpfoe
SH
used or occupied for the crimi le and/or pj fsdession Hf contfolle@ substances,
and/or marijuana, or fbr any g activity in ylolation 0 Articl¢s 240 and/p
i]
of the New York Stata Penal , and that the Ne Yokk|City Police Department
shal{ gainj entry to the |subje yemises\yn OF; flierthat am i ventfiry of the/persanal
property therein may be ¢ gtuated, A rAquired\ bly Sdctip 7471144) of ic
Adm{nistrative Code; antl
3 of 4
3 0f 4
-
IT IS FUR R ORDERED T! the New York City Police’Dépattment’shall take
I] stdps necessarp to effectuate this order, inclu¥ing the use oj ‘onable for dif, upon f
he
arrested afid i ohia oy rt
removal of any 4nd all person:
, thes subject plemises if rendered it, said pre: hall
be closed\p mt to New York ty Ag inistrative Qode Sections 7-709 and 7- 711; and
A
o ITI FURTHER ORDERED that service of a copy of this Order to Show Cause,
together with the papers- upon which it is based and the Summons and Verified Complaint, be
made upon the defendants personally pursuant to CPLR § 308(1); or by leaving a copy thereof
with a person of suitable age and discretion at the subject premises pursuant to CPLR § 308(2);
and that this be deemed good and sufficient service on the defendants, provided however, that if
service is not made personally or to a person of suitable age and discretion, a copy of the papers
will be posted at the subject premise and ubsequently mail led to each defendant at his or her last
known address by the overnight mail on or before th ol aay of Duly , 2016.
ORAL ARGUME EQUIRED. ENTER,
/ J.S.C. TSC
ARLE NEP BLUTA
&
2. J oe c
vy
4 of 4
4 of 4
Preview
INDEX NO. 450916/2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/27/2016 o7 z weeks aw Ter 0 r\f the Supreme Court of the State of New York, held in and for the County of New York, City and State of York, at the New Courthouse located at Centre eet, New_Y rk, New York on the 27 day of “5 , 2016 ARLENE P. mee PRESENT: HON. JUSTICE JSS, ee eenneneee nnn en enna enna nnneeneenennnnnn ane! ane THE CITY OF NEW YORK, Plaintiff, - against - ORDER TO SHOW CAUSE THE LAND AND BUILDING KNOWN AS 601 WEST 139 STREET A/K/A 3421 BROADWAY, Index No.: 450G lo/: LO] L TAX BLOCK 2087, TAX LOT 93, COUNTY of NEW YORK, CITY and STATE of NEW YORK; Filed On-*% GVS PROPERTIES, LLC; "JOHN DOE" and “JANE DOE," fictitiously named parties, true names unknown, the intended being the owners, lessees, operators Or. occupants of Apartment 62 located at 601 West 139 Street, New York, New York; and any person claiming any right, title or interest in the real property which is the subject of this action, Defendants. ence cence cence nn ene een ne nee een en en encnnnnanenannnenennnen Upon the annexed affi: imation of Adam-Z Hirsch, Esq., dated July 22, 2016; the affidavit of Police Officer Andrew eT dated bp MHés, April 6, 2016; to; er with the exhibits, and the agpet 3 Summons and Verified Complaint, verified by Sheryl Nétfe! ., on July 1, 2016, EX che Motion Ter LET the defendants or their attorneys [Show Cause before this Court at Lakeman of alDe Aays1. the Court, Room BLS be held at re house, entre Street, County of New York, City and State of New York, on the day of US 1, 2016, af 3t ‘clock in the forenoon of that day or as soon thereafter as counsel can be heard, lof 4 1 of 4 Why an order should not be made pursuant to Sections 7-707, 7-709, 7-710 and 7-711 of the New York City Administrative Code and Sections 6301 and 6311 of the Civil Practice Law and Rules, enjoining the defendants, their agents, employees and/or representatives, and all persons acting individually or in concert with them, during the pendency of this action: A From the use and/or occupancy of, or permitting the use and/or occupancy of, the apartment designated as “62” within the building located at 601 WEST 139 STREET, New York, (hereinafter "the subject premises") by any and all individuals aged 18 years or older arrested within the subject premises within the past year and any and all persons acting individually or in concert with them for any purpose whatsoever; and, if no individuals aged 18 years or older who reside in the premises are present after the exclusion from the premises of any and all persons arrested and any and all persons acting individually or in concert with them, directing that said premises shall be closed; From removing or in any other manner interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting the nuisance complained of herein; and From conducting, maintaining, operating or permitting the subject premises to be used or occupied for the criminal sale and/or possession of controlled substances and/or marijuana, or for any other activity in violation of Articles 220 and/or 221 of the New York State Penal Law; and NOW IT IS HEREBY ORDERED THAT, pursuant to Sect '10 of the New, rk City Aministr: le and CPLR Sectiox6313, pe hearing of thi fon, any ant 2 of 4 20f 4 exsuyi II indivja Is ai ted within the subject premises within the past year-and. ( (a ) And Lalycy-in-copsey ene arefrdhibited fro entefing the supject es fo] ly gge \Whatsoev| ptess said\indivigéal is ut der theAage of eighteen £18) and resides wi his/her parent ahd/o. @al guardian in the subject premises; YW/IS FURTHER ORDERED AT pursuant to ection 7-710 of the df York City Ag infstrativg Code and Sections bf the Civil Pragfice Lay and Rules pend gthe hearing 9 this otion, [yefendants, their, mployees, axd/or reprgsentatives, 9 bd are enjoined. From pe: ting any gnd all individuals arresfed withiy hin e cone: to the past ypar Adaay barred dividn enter the subject premises fof any purpose gever, unless dividual is under the.age of cighteen (18) and resides er parent and/g gal guasdian in the subject premis¢s; and \ 2, removing or in\any oth manner inte: AD with the fure, fixtures land yO prgperty \used mtainigg or'\permitting the Auisyng co} plai d of herg From conducti! Bs maintaining, op B or pe: fing the subject/prespises tpfoe SH used or occupied for the crimi le and/or pj fsdession Hf contfolle@ substances, and/or marijuana, or fbr any g activity in ylolation 0 Articl¢s 240 and/p i] of the New York Stata Penal , and that the Ne Yokk|City Police Department shal{ gainj entry to the |subje yemises\yn OF; flierthat am i ventfiry of the/persanal property therein may be ¢ gtuated, A rAquired\ bly Sdctip 7471144) of ic Adm{nistrative Code; antl 3 of 4 3 0f 4 - IT IS FUR R ORDERED T! the New York City Police’Dépattment’shall take I] stdps necessarp to effectuate this order, inclu¥ing the use oj ‘onable for dif, upon f he arrested afid i ohia oy rt removal of any 4nd all person: , thes subject plemises if rendered it, said pre: hall be closed\p mt to New York ty Ag inistrative Qode Sections 7-709 and 7- 711; and A o ITI FURTHER ORDERED that service of a copy of this Order to Show Cause, together with the papers- upon which it is based and the Summons and Verified Complaint, be made upon the defendants personally pursuant to CPLR § 308(1); or by leaving a copy thereof with a person of suitable age and discretion at the subject premises pursuant to CPLR § 308(2); and that this be deemed good and sufficient service on the defendants, provided however, that if service is not made personally or to a person of suitable age and discretion, a copy of the papers will be posted at the subject premise and ubsequently mail led to each defendant at his or her last known address by the overnight mail on or before th ol aay of Duly , 2016. ORAL ARGUME EQUIRED. ENTER, / J.S.C. TSC ARLE NEP BLUTA & 2. J oe c vy 4 of 4 4 of 4