Motion-Secondary: New York State Office Of Victims Services On Behalf Of, Carmen Reynoso-Alvarado v. Luis Jaime

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                                FILED: ALBANY COUNTY CLERK 12/06/2023 05:17 PM                                                    INDEX NO. 911728-23
NYSCEF DOC. NO. 2                                                                       RECEIVED NYSCEF: 12/06/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF ALBANY
           In the Matter of the Application of the NEW YORK
           STATE OFFICE OF VICTIM SERVICES, on behalf of
           Carmen Reynoso-Alvarado, the representative of the
           crime victim, and all other victims of respondent’s
           crimes,

                                                  Petitioner,                 AFFIRMATION
                                                                              IN SUPPORT OF ORDER
                For Preliminary Injunctive Relief Pursuant to                 TO SHOW CAUSE
                           Executive Law §632-a
                                                                              Index No.
                                   -against-

           LUIS JAIME (NYSID No. 00396648L),

                                                 Respondent.




                 Peter A. McDaniel, an attorney admitted to practice in the State of New York, affirms the

          following under penalty of perjury pursuant to CPLR 2106.

                 1.      I am an Assistant Attorney General of counsel in this matter to Letitia James,

          Attorney General of the State of New York, attorney for Petitioner, the New York State Office of

          Victim Services.

                 2.      The matters contained in this affirmation are true to my knowledge, except as to

          those matters alleged on information and belief, and as to those matters, I believe them to be true.

                 3.      I make this affirmation in Support of the Order to Show Cause seeking the

          imposition of a temporary restraining order freezing the $25,000.00 in funds to be paid to

          Respondent from the settlement of the action commenced by the Respondent in the United States

          District Court Southern District of New York, entitled Luis Jaime vs. Correction Officer Cannon,




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FILED: ALBANY COUNTY CLERK 12/06/2023 05:17 PM                                                  INDEX NO. 911728-23
NYSCEF DOC. NO. 2                                                                     RECEIVED NYSCEF: 12/06/2023




          Correction Officer Wilson, Correction Officer Robin (20-CV-10098) during the pendency of this

          proceeding and the service of an order granting the preliminary injunctive relief requested herein

          and requiring the Respondent’s attorney in the Court of Claims action to document the amount of

          attorney’s fees and disbursements subject to release and used to calculate exempt funds pursuant

          to Exec. L. §632-a (3) and CPLR §5205 (k).

                 4.      Upon information and belief, the subject funds are currently in the possession of

          Office of the Comptroller of the State of New York. The State Comptroller will not be appearing

          on the Order to Show Cause, will not appear in opposition to the issuance of a temporary

          restraining order or preliminary injunction, and in light of such non-appearance consents to this

         matter proceeding against the Respondent in Albany County.

                 5.      The State Comptroller has expressly requested service of the OTSC and initiatory

          papers via email. Therefore, this affiant seeks service of the Order to Show Cause on said Office

          by email.

                 6.      On December 5, 2023, I contacted Respondent’s attorney, Ataur Raquib, Esq., and

          advised him that my office would imminently be presenting an Order to Show Cause seeking a

          temporary restraining order against Respondent’s $25,000.00 settlement and asked whether he

          wanted to be heard.

                 7.      Mr. Raquib has not responded.



                 WHEREFORE, Petitioner respectfully requests that the Court grant the relief requested in

          the attached order to show cause.

                 Dated: Albany, New York
                        December 6, 2023
                                                       s/Peter A. McDaniel
                                                       Peter A. McDaniel
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FILED: ALBANY COUNTY CLERK 12/06/2023 05:17 PM                                              INDEX NO. 911728-23
NYSCEF DOC. NO. 2                                                                RECEIVED NYSCEF: 12/06/2023




                                                   Assistant Attorney General, of Counsel




          Printed [Reproduced] on Recycled Paper      3




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