Preview
FILED: SUFFOLK COUNTY CLERK 09/12/2023
09/01/2023 02:43
03:22 PM INDEX NO. 620210/2023
NYSCEF DOC. NO. 89
69 RECEIVED NYSCEF: 09/12/2023
09/01/2023
EXHIBIT 5
FILED: SUFFOLK COUNTY CLERK 09/12/2023
09/01/2023 02:43
03:22 PM INDEX NO. 620210/2023
RECEIVEDNYSCEF : 0 8 / 2 4 / 2 0
NYSCEF NO.NO.89
DOC.
NYSCEFDOC. 69 60 RECEIVED NYSCEF: 09/12/2023
09/01/2023
aSpC""'
At Part
In and for the Supreme Court
of the State of New York,
.
Tl2ESfNE countyorSufolk, 1 Court
Street, Riverhead, New York,
hoA · on the of August
JOSEPH FARNET[ day
(8 o L4rpremlL CtN
Ó /f
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
IN THE MATTER OF
Index No.: 620210/2023
MDQ ACADEMY,
ORDER TO SHOW CAUSE
WITH TEMPORARY
Petitioner,
RESTRAINING ORDER
-against-
SISTERS OF ST JOSEPH, BRENTWOOD,
Respondent.
Upon the reading and filing of the annexed Affidavit of Sister Tesa Fitzgerald, sworn to on
August 23, 2023, the Affirmation of Pavlos Pavlatos, Esq., dated August 23, 2023, together with the
exhibits annexed thereto, and accompanying Memorandum of Law, dated August 23, 2023;
Let the MDQ Academy ("Petitioner") or its attorneys, SHOW CAUSE before the Hon. J. Frank
Tinari, on the 5th day of September 2023 why an Order should not be entered in favor of Sisters of Saint
Joseph ("Sisters") dismissing the Petitiott pursuant CPLR §§ 3211(a)(1), 321 1(a)(7), and 3211(a)(10);
And let Petitioner or its attorneys, further SHOW CAUSE an Order should not be entered in Q,03 6rs
why
favor of the Sisters pursuant to CPLR 6301 et seq., (i) enjoining and restraining Petitioner from
interfering with and/or obstructing the common areas, hallways, ingress and egress of the premises O
located at 1725 Brentwood Road, Brentwood, New York 11717; (ii) enjoining and restraining Petitioner
from using the second floor classrooms of the premises located at 1725 Brentwood Road, Brentwood,
FILED: SUFFOLK COUNTY CLERK 09/12/2023
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NYSCEFDOC.
NYSCEF NO.NO.89
DOC. 69 60 RECEIVED
RECEIVED NYSCEF:
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and not interfere with the use of same by Shepherd's Gate
New York 11717 after August 31, 2023
Academy ; (iii) modifying Hon J. Paul J. Baisley, Jr.'s temporary restraining as follows: (a) to permit the
Sisters to file a counter-claim for a permanent injunction as to the use of the second floor of the premises;
the Sisters to initiate eviction/ejectment proceedings against Petitioner; and (c) permit the
(b) to-permit
Sisters access to the second floor of the premises for the purpose of providing classrooms to the students
of Shepherd's Gate Academy; and (iv) granting the Sisters such other and further relief as the Court
deems just and proper.
AND SUFFICIENT CAUSE having been alleged, it is hereby
ERED that pending, the hearing and determination of this motion, Petitioner shall be
enjoined and restrained from interfermg obstructin on areas, hallways, ingress an
egress of the premises 10 rentwood Road, Brentwood, New or it is hereby
urther
O that pending, the hearing and determination of this motion, Petitioner shall
immediately and entirely cease any 17 ence with the or classrooms of the premises
located at 1725 Brentwood Roa ood, New York 11717 a er 1, 2023 and not interfere
same by Shepherd's gate Academy; and it is hereby further
ERED that the temporary restraining order granted on August 15, 2023 by Hon J. Pa .
Baisley, Jr. is modified (a) t the Sisters to file a counter-claim for nent injunction as to the
use of the second floor of the premises; (b) to pe sters to initiate eviction/ejectment proceedings
against Petitioner; and e Sisters access to the second floor o ses for the purpose of
ng classrooms to the students of Shepherd's Gate Academy; and it is hereby further
ORDERED that service of a copy of this Order, together with a copy of the papers
2 of 3
FILED: SUFFOLK COUNTY CLERK 09/12/2023
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NYSCEFDOC.
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89 60 RECEIVED
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upon which it is granted, upon Petitioner's attorney, Peter J. Creedon, Esq., 24 Woodbine Ave., Ste. 8,
Northport, New York 1I768, by email to peter@creedongill.com and-er/evernight-mail on or before the
day of o% 2023 be deemed sufficient service thereof, and it is further
ORDERED THAT y
-the o C )business pño o return dzto
dag
ENTER:
S HON J.
JOBEPH FARNETI
O
3 of 3
FILED: SUFFOLK COUNTY CLERK 09/12/2023
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
IN THE MATTER OF
AFFIDAVIT IN SUPPORT OF
MDQ ACADEMY ORDER TO SHOW CAUSE
Petitioner, Index No.: 620210/2023
-against-
SISTERS OF ST JOSEPH, BRENTWOOD,
Respondent.
STATE OF NEW YORK :
: ss.:
COUNTY OF SUFFOLK :
Sister Tesa Fitzgerald, being duly sworn, deposes and says:
"Sisters"
1. I am the President of The Sisters of St. Joseph hereinafter referred to as the and
make this affidavit in support of the Sisters of St. Joseph's Order to Show Cause.
2. For more than 169 years the Sisters have served the people of Long Island. Throughout
this time, the Sisters have dedicated their organization to providing education from elementary to
Sisters'
university level. The Sisters are primarily a teaching order, but also serve the immigrant
Sisters'
community. The mission is "Empowered by God's love, rooted in the Gospel of Jesus, and
faithful to the vision of one sacred Earth community, we live and work to bring all into union with
another."
God and one
Sisters'
3. In furtherance of the Mission, we leased school facilities of the Main Building of
the former Academy of St. Joseph to Masjid Darulquran, a New York religious Corporation, to
commence on November 1, 2011 and terminate on June 30, 2013. A copy of this lease is attached
"A"
to the Affirmation of Pavlos Pavlatos, Esq. as Exhibit (hereinafter referred to as the "Original
1
FILED: SUFFOLK COUNTY CLERK 09/12/2023
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Lease"). This is located at the campus of the Motherhouse of the congregation located at
Building
1725 Brentwood Road, Brentwood, New York.
4. The space leased to Masjid Darulquran was only a portion of the building. This portion
included: Fifteen rooms, four (4) offices, and three (3) bathrooms on the second floor of the
(15)
Main Building.
5. When the Sisters entered into the aforementioned lease, our Community was aware that
the tenant was a Muslim religious school.
6. Upon expiration of the Original Lease a Renewal was entered into on July 1, 2013 between
the Sisters and MDQ Academy. Again, the demised premises were in the Main Building of the
Academy of Saint Joseph. Only a portion of the building was leased. A copy of this MDQ Lease
is attached to the Affirmation of Pavlos Pavlatos, Esq. as Exhibit "B". The portion leased included:
areas of the basement, second floor, and third floor along with outside playground areas and
parking spots. These areas were specifically designated on an attachment to the MDQ Lease. The
term of the MDQ lease was July 1, 2013 to August 31, 2018, with one 5-year option (Article 3 of
the Lease). Thus, the expiration of the lease term is August 31, 2023. MDQ's use was limited to
the hours of 7 AM to 10 PM (Article 6.2 of the MDQ Lease).
7. Article 10 of the MDQ lease requires MDQ to comply with all governmental statutes,
ordinances, rules, orders, regulations, and requirements of the federal, state, Municipal, and Local
governments, etc. It has been reported to the Sisters that the hallways of the Academy building in
areas used by MDQ are cluttered with chairs, desks, and other furniture.
8. The Sisters, based upon their vast experience of operating elementary schools, consider the
cluttering of the hallways to be building violations that endanger the safety of all occupants,
including the children in the event of situations requiring emergency evacuation.
2
_ ____
FILED: . - __ - ---. COUNTY
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9. The Sisters have a policy of leasing the properties they own to various organizations to
further their mission of providing education.
10. Specifically, the Sisters entered into a lease agreement with MDQ Academy ("MDQ") for
a term beginning on July 1, 2013 which is set to expire on August 31, 2023. The Sisters leased to
MDQ space consisting of a portion of the Main Building of the Academy of St. Joseph located on
the Campus of the Sisters of Saint Joseph, Brentwood Road, Brentwood, County of Suffolk and
State of New York, which included areas of the basement, second floor and third floor of the
area"
building and "outside for use as a children's playground (hereinafter the "Premises").
11. Throughout the duration of the lease, the Sisters had a difficult relationship with MDQ.
Namely, the Sisters had issues with MDQ's usage of teachers in its programs, who it believed were
unlicensed teachers, as well as the sanitary conditions of the Premises. However, in a good faith
effort to continue their relationship with MDQ, the Sisters worked with MDQ so that they could
remain in the leasehold.
12. Shepherd's Gate Academy ("Shepherd's Gate") is another organization that utilizes space
in the same building as MDQ. Shepherd's Gate provides childcare services to children and families
across Long Island.
13. Shepherd's Gate Academy had a universal pre-kindergarten program and that Shepherd's
Gate wanted to utilize the Premises at the expiration of MDQ's lease.
14. In January of 2022, the Sisters notified MDQ of their intent not to renew the lease for an
additional term. The Sisters made arrangements with the District of Brentwood (the "District")
and Shepherd's Gate to utilize the Premises for Shepherd's Gate universal pre-kindergarten
program upon the expiration of MDQ's lease. The use of the premises herein by Shepherd's Gate
would only be for the 2022/23 school year, thereafter Shepherd's Gate would find a permanent
3
FILED: SUFFOLK COUNTY CLERK 09/12/2023
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will be the Shepherd's Gate Universal Pre-
site elsewhere. Approximately 200 children attending
School Program slated to occupy the second floor of the building herein.
15. The Sisters entered into the arrangement with Shepherd's Gate because it believed MDQ
was vacating by August 31, 2023.
16. MDQ was fundraising to purchase and renovate their own building in Commack.
publicly
Renovation of the building was common knowledge. MDQ began packing its possessions in boxes,
and a move appeared imminent.
17. MDQ's plan to move has apparently been delayed due to the Town of Smithtown issuing
a stop work order at the Commack site. The Sisters do not know why the stop work order was
issued.
18. Last year, the classrooms in the second floor of the building were used by MDQ for their
own Universal Pre-K program. For this year, the District has ceased operating this program
through MDQ.
19. When MDQ ran the Pre-K program in the second-floor classrooms, it was able to operate
all of its other classrooms on either the third-floor or the basement. Thus, the second-floor
classrooms are not necessary for MDQ's programs.
20. On or about May 17, 2023, the Sisters received a letter from MDQ's then counsel (Lite and
Russell) advising that MDQ had acquired a school facility in Commack and was in the midst of
renovating the building to accommodate their students and faculty as well as the fact that MDQ
had submitted a site plan to the Town of Islip to construct a school facility in Bayshore, New York.
Given these developments, MDQ requested an extension of its lease past August 31, 2023, so as
to accomplish its construction projects. (A copy of this letter is attached to the Affirmation of
Pavlos Pavlatos, Esq. as Exhibit "C".)
FILED: SUFFOLK COUNTY CLERK 09/12/2023
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Sisters'
21. In response, the attorney (Wingate, Kearney & Cullen, LLP) sent a letter
Sisters'
that due to the plans for the property after the end of the lease, they were unable
explaining
to grant an extension. The Sisters had plans to provide the premises to Shepherd's Gate at the
beginning of the 2023 academic school year and further plans to sell the property in late 2024. (A
copy of this letter is attached to the Affirmation of Pavlos Pavlatos, Esq. as Exhibit "D".)
22. On or about June 22, 2023, the Sisters received another letter, this time from MDQ's new
counsel ( William T. LaVelle, Esq.) Now, to avoid compliance with the terms of the lease, MDQ
was fabricating allegations that the Sisters had an ulterior motive as to why they were not renewing
the lease. Mr. LaVelle stated in part:
There seems to be no plausible explanation for the Sisters of St. Joseph's
conduct and subterfuge other than the desire to favor a Christian Organization
(Shepards Gate) over the MDQ Academy that has owners and Board members that
practice the Muslim Faith.
In conclusion, my client is simply looking to be treated fairly and equally in
getting a 3-year extension of its current lease.
If your entity is not willing to negotiate in good faith, MDQ Academy's only
alternative to protect its financial reputation and community goodwill is by seeking
Federal Court intervention pursuant to USC Section 1983 Civil Rights Statute for
violations of due process and outright discrimination.
MDQ through their attorney was clearly attempting to bully and blackmail the Sisters into
granting MDQ's request. (A copy of this letter is attached to the Affirmation of Pavlos
Sisters'
Pavlatos, Esq as Exhibit "E"). The response to this letter by the attorneys is
attached to the Affirmation of Pavlos Pavlatos, Esq as Exhibit "F". This response reminded
MDQ of its obligation to vacate the Premises by August 31, 2023, and that the Sisters had
made no misrepresentations to MDQ as to the future of the property.
23. On or about August 1, 2023, the Northport School District contacted this affiant and
Sisters'
inquired if the lease with the was terminating on August 31, 2023. I personally spoke to
the Northport School District representative and confirmed that MDQ's lease was terminating. He
5
FILED: SUFFOLK COUNTY CLERK 09/12/2023
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informed me that MDQ approached the District regarding leasing space from the district for the
programs at the property, the subject of this litigation. He also stated that several sites were made
available to MDQ.
24. On August 15, 2023, MDQ sought and was granted a temporary restraining order ("TRO").
The TRO prevents the Sisters from commencing any holdover, eviction or related proceeding or
engaging in any acts interfering with
Preview
FILED: SUFFOLK COUNTY CLERK 09/12/2023 09/01/2023 02:43 03:22 PM INDEX NO. 620210/2023 NYSCEF DOC. NO. 89 69 RECEIVED NYSCEF: 09/12/2023 09/01/2023 EXHIBIT 5 FILED: SUFFOLK COUNTY CLERK 09/12/2023 09/01/2023 02:43 03:22 PM INDEX NO. 620210/2023 RECEIVEDNYSCEF : 0 8 / 2 4 / 2 0 NYSCEF NO.NO.89 DOC. NYSCEFDOC. 69 60 RECEIVED NYSCEF: 09/12/2023 09/01/2023 aSpC""' At Part In and for the Supreme Court of the State of New York, . Tl2ESfNE countyorSufolk, 1 Court Street, Riverhead, New York, hoA · on the of August JOSEPH FARNET[ day (8 o L4rpremlL CtN Ó /f SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK IN THE MATTER OF Index No.: 620210/2023 MDQ ACADEMY, ORDER TO SHOW CAUSE WITH TEMPORARY Petitioner, RESTRAINING ORDER -against- SISTERS OF ST JOSEPH, BRENTWOOD, Respondent. Upon the reading and filing of the annexed Affidavit of Sister Tesa Fitzgerald, sworn to on August 23, 2023, the Affirmation of Pavlos Pavlatos, Esq., dated August 23, 2023, together with the exhibits annexed thereto, and accompanying Memorandum of Law, dated August 23, 2023; Let the MDQ Academy ("Petitioner") or its attorneys, SHOW CAUSE before the Hon. J. Frank Tinari, on the 5th day of September 2023 why an Order should not be entered in favor of Sisters of Saint Joseph ("Sisters") dismissing the Petitiott pursuant CPLR §§ 3211(a)(1), 321 1(a)(7), and 3211(a)(10); And let Petitioner or its attorneys, further SHOW CAUSE an Order should not be entered in Q,03 6rs why favor of the Sisters pursuant to CPLR 6301 et seq., (i) enjoining and restraining Petitioner from interfering with and/or obstructing the common areas, hallways, ingress and egress of the premises O located at 1725 Brentwood Road, Brentwood, New York 11717; (ii) enjoining and restraining Petitioner from using the second floor classrooms of the premises located at 1725 Brentwood Road, Brentwood, FILED: SUFFOLK COUNTY CLERK 09/12/2023 09/01/2023 02:43 03:22 PM INDEX NO. 620210/2023 NYSCEFDOC. NYSCEF NO.NO.89 DOC. 69 60 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/24/2023 09/01/2023 09/12/2023 and not interfere with the use of same by Shepherd's Gate New York 11717 after August 31, 2023 Academy ; (iii) modifying Hon J. Paul J. Baisley, Jr.'s temporary restraining as follows: (a) to permit the Sisters to file a counter-claim for a permanent injunction as to the use of the second floor of the premises; the Sisters to initiate eviction/ejectment proceedings against Petitioner; and (c) permit the (b) to-permit Sisters access to the second floor of the premises for the purpose of providing classrooms to the students of Shepherd's Gate Academy; and (iv) granting the Sisters such other and further relief as the Court deems just and proper. AND SUFFICIENT CAUSE having been alleged, it is hereby ERED that pending, the hearing and determination of this motion, Petitioner shall be enjoined and restrained from interfermg obstructin on areas, hallways, ingress an egress of the premises 10 rentwood Road, Brentwood, New or it is hereby urther O that pending, the hearing and determination of this motion, Petitioner shall immediately and entirely cease any 17 ence with the or classrooms of the premises located at 1725 Brentwood Roa ood, New York 11717 a er 1, 2023 and not interfere same by Shepherd's gate Academy; and it is hereby further ERED that the temporary restraining order granted on August 15, 2023 by Hon J. Pa . Baisley, Jr. is modified (a) t the Sisters to file a counter-claim for nent injunction as to the use of the second floor of the premises; (b) to pe sters to initiate eviction/ejectment proceedings against Petitioner; and e Sisters access to the second floor o ses for the purpose of ng classrooms to the students of Shepherd's Gate Academy; and it is hereby further ORDERED that service of a copy of this Order, together with a copy of the papers 2 of 3 FILED: SUFFOLK COUNTY CLERK 09/12/2023 09/01/2023 02:43 03:22 PM INDEX NO. 620210/2023 NYSCEFDOC. NYSCEF DOC. NO.NO. 69 89 60 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/24/2023 09/01/2023 09/12/2023 upon which it is granted, upon Petitioner's attorney, Peter J. Creedon, Esq., 24 Woodbine Ave., Ste. 8, Northport, New York 1I768, by email to peter@creedongill.com and-er/evernight-mail on or before the day of o% 2023 be deemed sufficient service thereof, and it is further ORDERED THAT y -the o C )business pño o return dzto dag ENTER: S HON J. JOBEPH FARNETI O 3 of 3 FILED: SUFFOLK COUNTY CLERK 09/12/2023 09/01/2023 02:43 03:22 PM INDEX NO. 620210/2023 NYSCEFDOC. NYSCEF DOC. NO.NO. 69 89 53 RECEIVED NY SCEF:09/12/2023 RECEIVED NYSCEF: 08/24/20 09/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK IN THE MATTER OF AFFIDAVIT IN SUPPORT OF MDQ ACADEMY ORDER TO SHOW CAUSE Petitioner, Index No.: 620210/2023 -against- SISTERS OF ST JOSEPH, BRENTWOOD, Respondent. STATE OF NEW YORK : : ss.: COUNTY OF SUFFOLK : Sister Tesa Fitzgerald, being duly sworn, deposes and says: "Sisters" 1. I am the President of The Sisters of St. Joseph hereinafter referred to as the and make this affidavit in support of the Sisters of St. Joseph's Order to Show Cause. 2. For more than 169 years the Sisters have served the people of Long Island. Throughout this time, the Sisters have dedicated their organization to providing education from elementary to Sisters' university level. The Sisters are primarily a teaching order, but also serve the immigrant Sisters' community. The mission is "Empowered by God's love, rooted in the Gospel of Jesus, and faithful to the vision of one sacred Earth community, we live and work to bring all into union with another." God and one Sisters' 3. In furtherance of the Mission, we leased school facilities of the Main Building of the former Academy of St. Joseph to Masjid Darulquran, a New York religious Corporation, to commence on November 1, 2011 and terminate on June 30, 2013. A copy of this lease is attached "A" to the Affirmation of Pavlos Pavlatos, Esq. as Exhibit (hereinafter referred to as the "Original 1 FILED: SUFFOLK COUNTY CLERK 09/12/2023 09/01/2023 02:43 03:22 PM INDEX NO. 620210/2023 NYSCEFDOC. NYSCEF NO.NO.89 DOC. 69 53 RECEIVED NYSCEF: RECEIVED 08/24/2C NYSCEF: 09/12/2023 09/01/2023 Lease"). This is located at the campus of the Motherhouse of the congregation located at Building 1725 Brentwood Road, Brentwood, New York. 4. The space leased to Masjid Darulquran was only a portion of the building. This portion included: Fifteen rooms, four (4) offices, and three (3) bathrooms on the second floor of the (15) Main Building. 5. When the Sisters entered into the aforementioned lease, our Community was aware that the tenant was a Muslim religious school. 6. Upon expiration of the Original Lease a Renewal was entered into on July 1, 2013 between the Sisters and MDQ Academy. Again, the demised premises were in the Main Building of the Academy of Saint Joseph. Only a portion of the building was leased. A copy of this MDQ Lease is attached to the Affirmation of Pavlos Pavlatos, Esq. as Exhibit "B". The portion leased included: areas of the basement, second floor, and third floor along with outside playground areas and parking spots. These areas were specifically designated on an attachment to the MDQ Lease. The term of the MDQ lease was July 1, 2013 to August 31, 2018, with one 5-year option (Article 3 of the Lease). Thus, the expiration of the lease term is August 31, 2023. MDQ's use was limited to the hours of 7 AM to 10 PM (Article 6.2 of the MDQ Lease). 7. Article 10 of the MDQ lease requires MDQ to comply with all governmental statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, Municipal, and Local governments, etc. It has been reported to the Sisters that the hallways of the Academy building in areas used by MDQ are cluttered with chairs, desks, and other furniture. 8. The Sisters, based upon their vast experience of operating elementary schools, consider the cluttering of the hallways to be building violations that endanger the safety of all occupants, including the children in the event of situations requiring emergency evacuation. 2 _ ____ FILED: . - __ - ---. COUNTY SUFFOLK _ _ __._ _ ____... CLERK _ ___ 02:43 09/12/2023 09/01/2023 _ 03:22 PM INDEX NO. 620210/2023 NYSCEFDOC. NYSCEF DOC. NO.NO.89 69 53 RECEIVED NYSCEF: 09/12/2023 RECEIVED NYSCEF: 08/24/20 09/01/2023 9. The Sisters have a policy of leasing the properties they own to various organizations to further their mission of providing education. 10. Specifically, the Sisters entered into a lease agreement with MDQ Academy ("MDQ") for a term beginning on July 1, 2013 which is set to expire on August 31, 2023. The Sisters leased to MDQ space consisting of a portion of the Main Building of the Academy of St. Joseph located on the Campus of the Sisters of Saint Joseph, Brentwood Road, Brentwood, County of Suffolk and State of New York, which included areas of the basement, second floor and third floor of the area" building and "outside for use as a children's playground (hereinafter the "Premises"). 11. Throughout the duration of the lease, the Sisters had a difficult relationship with MDQ. Namely, the Sisters had issues with MDQ's usage of teachers in its programs, who it believed were unlicensed teachers, as well as the sanitary conditions of the Premises. However, in a good faith effort to continue their relationship with MDQ, the Sisters worked with MDQ so that they could remain in the leasehold. 12. Shepherd's Gate Academy ("Shepherd's Gate") is another organization that utilizes space in the same building as MDQ. Shepherd's Gate provides childcare services to children and families across Long Island. 13. Shepherd's Gate Academy had a universal pre-kindergarten program and that Shepherd's Gate wanted to utilize the Premises at the expiration of MDQ's lease. 14. In January of 2022, the Sisters notified MDQ of their intent not to renew the lease for an additional term. The Sisters made arrangements with the District of Brentwood (the "District") and Shepherd's Gate to utilize the Premises for Shepherd's Gate universal pre-kindergarten program upon the expiration of MDQ's lease. The use of the premises herein by Shepherd's Gate would only be for the 2022/23 school year, thereafter Shepherd's Gate would find a permanent 3 FILED: SUFFOLK COUNTY CLERK 09/12/2023 09/01/2023 02:43 03:22 PM INDEX NO. 620210/2023 DOC.NO.NO. NYSCEFDOC. 53 RECEIVED NYSCEF: 08/24/20 NYSCEF 69 89 RECEIVED NYSCEF: 09/01/2023 09/12/2023 will be the Shepherd's Gate Universal Pre- site elsewhere. Approximately 200 children attending School Program slated to occupy the second floor of the building herein. 15. The Sisters entered into the arrangement with Shepherd's Gate because it believed MDQ was vacating by August 31, 2023. 16. MDQ was fundraising to purchase and renovate their own building in Commack. publicly Renovation of the building was common knowledge. MDQ began packing its possessions in boxes, and a move appeared imminent. 17. MDQ's plan to move has apparently been delayed due to the Town of Smithtown issuing a stop work order at the Commack site. The Sisters do not know why the stop work order was issued. 18. Last year, the classrooms in the second floor of the building were used by MDQ for their own Universal Pre-K program. For this year, the District has ceased operating this program through MDQ. 19. When MDQ ran the Pre-K program in the second-floor classrooms, it was able to operate all of its other classrooms on either the third-floor or the basement. Thus, the second-floor classrooms are not necessary for MDQ's programs. 20. On or about May 17, 2023, the Sisters received a letter from MDQ's then counsel (Lite and Russell) advising that MDQ had acquired a school facility in Commack and was in the midst of renovating the building to accommodate their students and faculty as well as the fact that MDQ had submitted a site plan to the Town of Islip to construct a school facility in Bayshore, New York. Given these developments, MDQ requested an extension of its lease past August 31, 2023, so as to accomplish its construction projects. (A copy of this letter is attached to the Affirmation of Pavlos Pavlatos, Esq. as Exhibit "C".) FILED: SUFFOLK COUNTY CLERK 09/12/2023 09/01/2023 02:43 03:22 PM INDEX NO. 620210/2023 NYSCEFDOC. NYSCEF DOC.NO.NO. 69 89 53 RECEIVED NYSCEF: RECEIVED NYSCEF: 09/12/2023 08/24/20 09/01/2023 Sisters' 21. In response, the attorney (Wingate, Kearney & Cullen, LLP) sent a letter Sisters' that due to the plans for the property after the end of the lease, they were unable explaining to grant an extension. The Sisters had plans to provide the premises to Shepherd's Gate at the beginning of the 2023 academic school year and further plans to sell the property in late 2024. (A copy of this letter is attached to the Affirmation of Pavlos Pavlatos, Esq. as Exhibit "D".) 22. On or about June 22, 2023, the Sisters received another letter, this time from MDQ's new counsel ( William T. LaVelle, Esq.) Now, to avoid compliance with the terms of the lease, MDQ was fabricating allegations that the Sisters had an ulterior motive as to why they were not renewing the lease. Mr. LaVelle stated in part: There seems to be no plausible explanation for the Sisters of St. Joseph's conduct and subterfuge other than the desire to favor a Christian Organization (Shepards Gate) over the MDQ Academy that has owners and Board members that practice the Muslim Faith. In conclusion, my client is simply looking to be treated fairly and equally in getting a 3-year extension of its current lease. If your entity is not willing to negotiate in good faith, MDQ Academy's only alternative to protect its financial reputation and community goodwill is by seeking Federal Court intervention pursuant to USC Section 1983 Civil Rights Statute for violations of due process and outright discrimination. MDQ through their attorney was clearly attempting to bully and blackmail the Sisters into granting MDQ's request. (A copy of this letter is attached to the Affirmation of Pavlos Sisters' Pavlatos, Esq as Exhibit "E"). The response to this letter by the attorneys is attached to the Affirmation of Pavlos Pavlatos, Esq as Exhibit "F". This response reminded MDQ of its obligation to vacate the Premises by August 31, 2023, and that the Sisters had made no misrepresentations to MDQ as to the future of the property. 23. On or about August 1, 2023, the Northport School District contacted this affiant and Sisters' inquired if the lease with the was terminating on August 31, 2023. I personally spoke to the Northport School District representative and confirmed that MDQ's lease was terminating. He 5 FILED: SUFFOLK COUNTY CLERK 09/12/2023 09/01/2023 02:43 03:22 PM INDEX NO. 620210/2023 DOC. RECEIVED NYSCEF: 08/24/2C NYSCEFDOC. NYSCEF NO.NO.89 69 53 RECEIVED NYSCEF: 09/01/2023 09/12/2023 informed me that MDQ approached the District regarding leasing space from the district for the programs at the property, the subject of this litigation. He also stated that several sites were made available to MDQ. 24. On August 15, 2023, MDQ sought and was granted a temporary restraining order ("TRO"). The TRO prevents the Sisters from commencing any holdover, eviction or related proceeding or engaging in any acts interfering with