Party Statement: The City Of New York And The New York City Department Of Buildings, v. For A Court Order To Conduct An Administrative Search Upon The Land And Building Located At 43-11 223rd Street, Bayside, New York 11361, Block 6329, Lot 23

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                                FILED: QUEENS COUNTY CLERK 09/07/2021 01:09 PM                                                    INDEX NO. 720076/2021
NYSCEF DOC. NO. 2                                                                          RECEIVED NYSCEF: 09/07/2021




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF QUEENS
          ------------------------------------------------------------------------x

          In the Matter of the Application of
                                                                                         AFFIRMATION OF
          THE CITY OF NEW YORK AND THE NEW YORK                                          EMERGENCY
          CITY DEPARTMENT OF BUILDINGS,

                                                               Petitioners,              Index No.

          FOR A COURT ORDER TO CONDUCT AN
          ADMINISTRATIVE SEARCH UPON THE LAND AND
          BUILDING LOCATED AT 43-11 223rd STREET,
          BAYSIDE, NEW YORK, 11361, BLOCK 6329, LOT 23.
          ------------------------------------------------------------------------x

                           AVE MARIA BRENNAN, an attorney duly admitted to practice law in the

          Courts of the State of New York, affirms under penalty of perjury pursuant to Section 2106 of

          the Civil Practice Law and Rules as follows:

                           1.       I am attorney in the Office of GEORGIA M. PESTANA, Corporation

          Counsel of the City of New York, counsel for Petitioners the City of New York and the New

          York City Department of Buildings. I am familiar with the facts and circumstances set forth

          herein based upon records and files maintained by agencies of the City of New York and based

          upon information provided by employees of those agencies. I make this affirmation based on my

          review of records maintained by various agencies of the City, and from statements made by

          officers and agents of the City.

                           2.       I submit this affirmation in support of petitioners’ request that the annexed

          Warrant of Inspection be promptly presented to a Justice of the Court for immediate

          consideration on an expedited basis.

                           3.       I submit this affirmation in support of petitioners’ application pursuant to

          New York City Charter § 398 for a warrant authorizing an administrative inspection of the




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FILED: QUEENS COUNTY CLERK 09/07/2021 01:09 PM                                                INDEX NO. 720076/2021
NYSCEF DOC. NO. 2                                                                      RECEIVED NYSCEF: 09/07/2021




          premises located at 43-11 223rd Street, Bayside, New York 11361, Block 6329, Lot 23

          (hereinafter the “subject premises”).     The inspection is to be undertaken pursuant to the

          Administrative Code and in furtherance of the public health, safety and welfare.

                         4.     Petitioners submit this motion on an “Emergency” basis to have the

          application entertained forthwith for the following reasons:

                                a.      Petitioners allege there is reasonable cause to believe that there is

                                an illegal conversion in the subject premises and occupancy by more than

                                the legally allowed number of families in violation of the Administrative

                                Code. The potential violations pose a serious danger to public safety in the

                                event of a fire.

                                b.      Also, illegal conversions without DOB approvals often lack a

                                minimum of two means of egress, proper windows and ventilation, and

                                may have unsafe gas, electrical and plumbing systems, in clear violation

                                of the New York City Building Code, Housing Maintenance Code and

                                Fire Code. The hazardous conditions created by illegal conversions not

                                only adversely affect the subject premises’ residents, but also jeopardize

                                the health and safety of the neighbors, the community, the City’s

                                emergency responders, and the public at large.

                                c.      In addition, the evidence submitted by the petitioners in support of

                                this application demonstrates that there is reasonable cause to believe that

                                the Administrative Code has already been violated and continues to be

                                violated. Thus, the illegal conversion of the subject premises to more than

                                the number of units legally allowed presents a number of health and safety




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FILED: QUEENS COUNTY CLERK 09/07/2021 01:09 PM                                                 INDEX NO. 720076/2021
NYSCEF DOC. NO. 2                                                                      RECEIVED NYSCEF: 09/07/2021




                                risks for the people living at the subject premises, the City’s emergency

                                responders, and the public at large.

                                d.     After the first unsuccessful attempt on July 23, 2021 to gain access

                                to the entire subject premises in order to conduct an inspection and the

                                second unsuccessful attempt on August 25, 2021 to gain access to the

                                entire subject premises in order to conduct an inspection, the City has now

                                commenced this petition at its earliest opportunity after it has completed

                                its preliminary investigation and has not yet been able to obtain access to

                                the subject premises in its entirety.

                        WHEREFORE, it is respectfully requested that this application be granted,

          permitting the Warrant of Inspection to be promptly presented to a Justice of the Court for

          immediate consideration on an emergency basis, and that the Warrant of Inspection be issued by

         this Court authorizing Petitioners to enter the subject premises for an administrative inspection.

         Dated:         New York, New York
                        September 2, 2021


                                                       ___ AVE MARIA BRENNAN _____
                                                       AVE MARIA BRENNAN




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