Preview
FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
In the Matter of the NEW YORK STATE OFFICE OF
VICTIM SERVICES, on behalf of JUAN CARLOS
VASQUEZ PERALTA, the crime victim, and all other VERIFIED PETITION
victims of respondent’s crimes, FOR PRELIMINARY
INJUNCTIVE RELIEF
Petitioner, PURSUANT TO
For Preliminary Injunctive Relief Pursuant To EXEC. LAW § 632-A
Executive Law §632-a
Index No.
-against-
JUSTIN SMITH (NYSID No. 02655628M),
Respondent.
Petitioner, NEW YORK STATE OFFICE OF VICTIM SERVICES, on behalf of JUAN
CARLOS VASQUEZ PERALTA, the crime victim, and all other victims of respondent’s crimes,
as and for its verified petition, respectfully alleges:
1. Pursuant to Executive Law § 622, the Legislature created the New York State
Crime Victims Board. Pursuant to Chapter 56 of the laws of 2010, the former New York State
Crime Victims Board is now known as the New York State Office of Victim Services (the
“Office”) effective June 22, 2010 and retains the full powers and authority of the former New York
State Crime Victims Board under Executive Law § 632-a (the “Son of Sam” Law).
2. The Office has its principal business address at Alfred E. Smith State Office
Building, 80 South Swan Street, 2nd Floor, in the City and County of Albany, New York 12210.
3. This is an application for preliminary injunctive relief brought pursuant to
Executive Law § 632-a (6) which grants the Office the authority to seek the “provisional remedies
of attachment, injunction, receivership and notice of pendency” to preserve “profits of a crime”
(see Exec. L. § 632-a [1][b]) or “funds of a convicted person” (see Exec. L. § 632-a [1][c]), upon
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receiving notice that the victim of a specified crime, or their representative, either has commenced,
or intends to commence an action against the respondent, a convicted person, for damages arising
out of the specified crime for which the respondent was convicted (see Exec. L. § 632-a [5][a]-
[c]).
4. Attached hereto as Exhibit A is a copy of a sentence and commitment sheet
confirming, as indicated on Repository Inquiry with the Department of Criminal Justice Services,
that the respondent, JUSTIN SMITH (NYSID No. 02655628M), was sentenced by Bronx County
Supreme Criminal Court on July 17, 2023, to a term of 3 years imprisonment and 5 years post
release supervision following his conviction of Assault 2nd Degree and to a term of 3 years
imprisonment and 5 years post release supervision following his conviction of Attempted Robbery
2nd Degree. Both counts were set to run concurrently with each other.
5. Assault 2nd Degree and Attempted Robbery 2nd Degree are “specified crimes”
pursuant to Executive Law §632-a(1)(e)(i)(D).
6. Pursuant to that commitment, respondent is currently an inmate at Orleans
Correctional Facility, 3531 Gaines Basin Rd, Albion, NY 14411.
7. Respondent has an inmate account at such facility that is in the possession and
custody and under the general control of the Superintendent of such facility, and the
Superintendent of any other facility in which respondent is incarcerated.
8. On November 30, 2023, the Department of Corrections and Community
Supervision (“DOCCS”) notified the Office of the receipt of funds totaling $31,500.00 to be
deposited to respondent’s inmate account, making such account exceed $10,000, as required by
Executive Law § 632-a(2)(b). On December 26, 2023, the Office reached out to DOCCS to confirm
an updated account balance, DOCCS reported on December 26, 2023, JUSTIN SMITH (NYSID
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No. 02655628M) had a current balance of $29,489.15. A copy of the notice mail from DOCCS is
attached hereto and marked as Exhibit B.
9. As required by Executive Law § 632-a(2)(c), upon receiving such a notification the
Office located and notified the crime victim, JUAN CARLOS VASQUEZ PERALTA, of the
existence of such funds by letter dated December 5, 2023.
10. By Affidavit dated December 27, 2023, JUAN CARLOS VASQUEZ PERALTA
gave written notice to the Office of an intent to commence a civil claim against respondent,
pursuant to Executive Law § 632-a (3) & (4), for money damages stemming from the commission
of the aforesaid crimes. A copy of the Affidavit is attached hereto and marked as Exhibit C. Juan
Carlos Vasquez Peralta is a native Spanish speaker and as such an affidavit was provided to him
in Spanish. Pursuant to CPLR §2101(b) an English version of the Spanish Affidavit which was
signed has been provided. Additionally, pursuant to CPLR §2101(b) a Translator Affidavit has
been completed and is attached hereto and made a part hereof, marked Exhibit D.
11. Executive Law § 632-a(5)(c) authorizes the Office, upon its having received notice
of an action to be brought by the crime victim, to “immediately take such actions as are necessary
to . . . avoid the wasting of . . . newly discovered profits of a crime or . . . funds of a convicted
person . . .”.
12. Pursuant to Executive Law § 632-a(6), the Office, acting on behalf of crime victims,
has the authority to apply for any and all provisional remedies that are available to the victims,
including the remedies of attachment, injunction, receivership and notice of pendency.
13. Although attachment and a temporary restraining order to assist in the attachment
are among the Office’s available provisional remedies where, as here, the underlying action is
brought pursuant to Executive Law § 632-a (CPLR 6201[4] and 6210), the Office wants to avoid
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the unnecessary dissipation of the inmate’s funds through poundage and incidental expenses
associated with attachment. Therefore, the Office seeks injunctive relief to preserve as much of
the inmate’s funds as possible to satisfy any judgment in favor of the victim, or to return to the
inmate should the crime victim’s action not be successful.
14. Upon information and belief, the “funds” subject to the proposed injunctive relief
are to include funds credited to or to be credited to respondent’s inmate account maintained by the
Superintendent at Orleans Correctional Facility, less the first $1,000.00 of such funds which is
exempt from execution or enforcement pursuant to Executive Law § 632-a(3).
I. Likelihood of Success on the Merits
15. The right of the crime victim to commence such an action is statutory, pursuant to
Executive Law § 632-a(3), and is premised upon the following facts:
a. JUAN CARLOS VASQUEZ PERALTA is the "crime victim" as defined in
Executive Law § 632-a (1) (d);
b. The crime victim was the victim of a “specified crime” as defined in Executive Law
§ 632-a(1)(e)(i);
c. The funds sought to be preserved herein, constitute “funds of a convicted person”
(Executive Law § 632-a[1][c]).
16. Respondent’s conviction is prima facie evidence that the crime victim has valid and
meritorious causes of action against respondent under the common law and pursuant to Executive
Law § 632-a(3). It is probable, therefore, that the crime victim will succeed on the merits of such
causes of action.
II. Irreparable Harm
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17. Upon information and belief, all of the aforesaid funds, except the first $1,000.00
exempt from execution or enforcement pursuant to Executive Law §632-a(3), are either now
available or will shortly be available for disbursement by respondent.
18. Upon information and belief, the money damages sought by the crime victim, and
to which the crime victim is entitled, will exceed the aforesaid amount of the funds available, and
any disposition by the respondent of such funds could render the crime victim’s judgment
ineffectual.
19. Upon information and belief, absent injunctive or other provisional relief, the
respondents’ interest in the aforesaid funds available could be assigned away or the whole or
substantial portion of the aforesaid funds could be dissipated, thereby placing the funds beyond
the reach of the Office and the crime victim. If the crime victim is unable to satisfy any judgment
obtained because the funds have been assigned or dissipated, the crime victim will suffer
irreparable harm.
III. Balance of the Equities
20. Upon information and belief, the objective of the Legislature in enacting Executive
Law § 632-a is to ensure that any funds obtained by persons convicted of specified crimes are
preserved and made available to compensate the victims of those crimes or their representatives.
21. When the funds of the convicted person consist of monies deposited to an inmate
account, the Legislature has chosen to exempt the first $1,000.00 from execution or enforcement
pursuant to Executive Law § 632-a (3) from the amount available to the crime victim for recovery.
22. As respondent is an inmate in the custody of the New York State Department of
Corrections and Community Supervision, the State of New York provides for respondent’s room,
board, and health care without expense to respondent and will do so for the indefinite future.
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23. Allowing the respondent and/or his representatives to spend, assign or encumber
the funds in his account would frustrate the objectives of the statute. Thus, the balance of the
equities weighs in favor of granting all the equitable relief requested by the Office herein.
IV. The Need for Ex Parte Relief
24. This application is being brought ex parte, by Order to Show Cause rather than
notice of petition, without giving notice to respondent of the application for a Temporary
Restraining Order.
25. Upon information and belief, notice of this application would provide a window of
opportunity for the respondent to alienate the funds before an injunction or restraining order is in
place. That, in turn, would significantly prejudice the crime victim on whose behalf this proceeding
has been instituted.
26. Ex parte relief, in these instances, has proved to be more effective in preserving a
maximum balance of funds for the benefit of the crime victim. Absent provisional relief,
respondent’s dissipation of his assets will serve to defeat the status quo and unnecessarily place at
risk an effective right to recovery pursuant to Executive Law § 632-a.
27. This application also seeks alternate methods of service of process pursuant to
CPLR § 308(5) because the office believes that such alternate methods of service are needed to
preserve the funds to satisfy any damages that might be awarded in the intended action to be
commenced by the crime victim.
28. The Office seeks an Order enjoining and restraining the respondent JUSTIN
SMITH (NYSID No. 02655628M), and the Superintendent of Orleans Correctional Facility, where
respondent is currently incarcerated, the Superintendent in control of respondent’s inmate account
at any other correctional facility where he may be located, any other person acting on the their
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behalf, and other persons specified in the Order to Show Cause from transferring or otherwise
disposing of any funds credited or to be credited to the respondent’s inmate account, less the first
$1,000.00 exempt from execution or enforcement pursuant Executive Law § 632-a(3), pending the
hearing and determination of the instant proceeding; and, if the relief sought by the proceeding is
granted, pending the service of an order granting a Preliminary Injunction upon respondent, the
Superintendent of any correctional facility where the respondent then resides, and any other
garnishees.
29. Neither the Office nor, upon information and belief, the crime victim has made any
previous application for the relief requested herein, or for any other provisional remedy in
connection with any property of respondent or any action brought by the crime victim herein
against respondent, pursuant to Executive Law § 632-a.
30. There is no adequate remedy at law.
WHEREFORE, it is respectfully requested that the Court grant all of the relief requested
in the Order to Show Cause and Petition, together with such other and further relief as the Court
deems just and proper, together with the costs and disbursements of this proceeding.
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Dated:
Albany, New York
January 4, 2024
LETITIA JAMES
Attorney General of the State of New York
Attorney for Petitioner –New York State Office of
Victim Services
The Capitol
Albany, New York 12224
Stacey Hamilton
Stacey Hamilton
Assistant Attorney General, of Counsel
Telephone: 518-776-2288
Stacey.Hamilton@ag.ny.gov
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VERIFICATION
I make this verification on behalf of the petitioner in the instant lawsuit. I am an Attorney
3 at the New York State Office of Victim Services (“Office”).
I have read the foregoing Petition and the same is true to the best of my knowledge and
belief, except as to those matters stated upon information and belief, as to which I believe them to
be true.
This verification is made by me pursuant to CPLR 3020(d)(2), since I am familiar and
acquainted with all facts and matters pertaining to the contents of the subject Petition. The sources
of my information, and the grounds of my belief as to all facts and matters in the foregoing Petition
stated to be upon my information and belief, are as follows: the scope and subject matter of my
job duties, personal involvement with some of the facts and circumstances underlying the Petition;
general investigation of the facts of the case, records maintained by the Office, and
communications with staff that also have had personal involvement with the facts and
circumstances underlying the Petition.
Dated: Albany, New York
January 4, 2024
ANTONIA G. TABENKIN
Printed [Reproduced] on Recycled Paper 9
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Preview
FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY In the Matter of the NEW YORK STATE OFFICE OF VICTIM SERVICES, on behalf of JUAN CARLOS VASQUEZ PERALTA, the crime victim, and all other VERIFIED PETITION victims of respondent’s crimes, FOR PRELIMINARY INJUNCTIVE RELIEF Petitioner, PURSUANT TO For Preliminary Injunctive Relief Pursuant To EXEC. LAW § 632-A Executive Law §632-a Index No. -against- JUSTIN SMITH (NYSID No. 02655628M), Respondent. Petitioner, NEW YORK STATE OFFICE OF VICTIM SERVICES, on behalf of JUAN CARLOS VASQUEZ PERALTA, the crime victim, and all other victims of respondent’s crimes, as and for its verified petition, respectfully alleges: 1. Pursuant to Executive Law § 622, the Legislature created the New York State Crime Victims Board. Pursuant to Chapter 56 of the laws of 2010, the former New York State Crime Victims Board is now known as the New York State Office of Victim Services (the “Office”) effective June 22, 2010 and retains the full powers and authority of the former New York State Crime Victims Board under Executive Law § 632-a (the “Son of Sam” Law). 2. The Office has its principal business address at Alfred E. Smith State Office Building, 80 South Swan Street, 2nd Floor, in the City and County of Albany, New York 12210. 3. This is an application for preliminary injunctive relief brought pursuant to Executive Law § 632-a (6) which grants the Office the authority to seek the “provisional remedies of attachment, injunction, receivership and notice of pendency” to preserve “profits of a crime” (see Exec. L. § 632-a [1][b]) or “funds of a convicted person” (see Exec. L. § 632-a [1][c]), upon 1 of 9 FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 receiving notice that the victim of a specified crime, or their representative, either has commenced, or intends to commence an action against the respondent, a convicted person, for damages arising out of the specified crime for which the respondent was convicted (see Exec. L. § 632-a [5][a]- [c]). 4. Attached hereto as Exhibit A is a copy of a sentence and commitment sheet confirming, as indicated on Repository Inquiry with the Department of Criminal Justice Services, that the respondent, JUSTIN SMITH (NYSID No. 02655628M), was sentenced by Bronx County Supreme Criminal Court on July 17, 2023, to a term of 3 years imprisonment and 5 years post release supervision following his conviction of Assault 2nd Degree and to a term of 3 years imprisonment and 5 years post release supervision following his conviction of Attempted Robbery 2nd Degree. Both counts were set to run concurrently with each other. 5. Assault 2nd Degree and Attempted Robbery 2nd Degree are “specified crimes” pursuant to Executive Law §632-a(1)(e)(i)(D). 6. Pursuant to that commitment, respondent is currently an inmate at Orleans Correctional Facility, 3531 Gaines Basin Rd, Albion, NY 14411. 7. Respondent has an inmate account at such facility that is in the possession and custody and under the general control of the Superintendent of such facility, and the Superintendent of any other facility in which respondent is incarcerated. 8. On November 30, 2023, the Department of Corrections and Community Supervision (“DOCCS”) notified the Office of the receipt of funds totaling $31,500.00 to be deposited to respondent’s inmate account, making such account exceed $10,000, as required by Executive Law § 632-a(2)(b). On December 26, 2023, the Office reached out to DOCCS to confirm an updated account balance, DOCCS reported on December 26, 2023, JUSTIN SMITH (NYSID 2 2 of 9 FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 No. 02655628M) had a current balance of $29,489.15. A copy of the notice mail from DOCCS is attached hereto and marked as Exhibit B. 9. As required by Executive Law § 632-a(2)(c), upon receiving such a notification the Office located and notified the crime victim, JUAN CARLOS VASQUEZ PERALTA, of the existence of such funds by letter dated December 5, 2023. 10. By Affidavit dated December 27, 2023, JUAN CARLOS VASQUEZ PERALTA gave written notice to the Office of an intent to commence a civil claim against respondent, pursuant to Executive Law § 632-a (3) & (4), for money damages stemming from the commission of the aforesaid crimes. A copy of the Affidavit is attached hereto and marked as Exhibit C. Juan Carlos Vasquez Peralta is a native Spanish speaker and as such an affidavit was provided to him in Spanish. Pursuant to CPLR §2101(b) an English version of the Spanish Affidavit which was signed has been provided. Additionally, pursuant to CPLR §2101(b) a Translator Affidavit has been completed and is attached hereto and made a part hereof, marked Exhibit D. 11. Executive Law § 632-a(5)(c) authorizes the Office, upon its having received notice of an action to be brought by the crime victim, to “immediately take such actions as are necessary to . . . avoid the wasting of . . . newly discovered profits of a crime or . . . funds of a convicted person . . .”. 12. Pursuant to Executive Law § 632-a(6), the Office, acting on behalf of crime victims, has the authority to apply for any and all provisional remedies that are available to the victims, including the remedies of attachment, injunction, receivership and notice of pendency. 13. Although attachment and a temporary restraining order to assist in the attachment are among the Office’s available provisional remedies where, as here, the underlying action is brought pursuant to Executive Law § 632-a (CPLR 6201[4] and 6210), the Office wants to avoid 3 3 of 9 FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 the unnecessary dissipation of the inmate’s funds through poundage and incidental expenses associated with attachment. Therefore, the Office seeks injunctive relief to preserve as much of the inmate’s funds as possible to satisfy any judgment in favor of the victim, or to return to the inmate should the crime victim’s action not be successful. 14. Upon information and belief, the “funds” subject to the proposed injunctive relief are to include funds credited to or to be credited to respondent’s inmate account maintained by the Superintendent at Orleans Correctional Facility, less the first $1,000.00 of such funds which is exempt from execution or enforcement pursuant to Executive Law § 632-a(3). I. Likelihood of Success on the Merits 15. The right of the crime victim to commence such an action is statutory, pursuant to Executive Law § 632-a(3), and is premised upon the following facts: a. JUAN CARLOS VASQUEZ PERALTA is the "crime victim" as defined in Executive Law § 632-a (1) (d); b. The crime victim was the victim of a “specified crime” as defined in Executive Law § 632-a(1)(e)(i); c. The funds sought to be preserved herein, constitute “funds of a convicted person” (Executive Law § 632-a[1][c]). 16. Respondent’s conviction is prima facie evidence that the crime victim has valid and meritorious causes of action against respondent under the common law and pursuant to Executive Law § 632-a(3). It is probable, therefore, that the crime victim will succeed on the merits of such causes of action. II. Irreparable Harm 4 4 of 9 FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 17. Upon information and belief, all of the aforesaid funds, except the first $1,000.00 exempt from execution or enforcement pursuant to Executive Law §632-a(3), are either now available or will shortly be available for disbursement by respondent. 18. Upon information and belief, the money damages sought by the crime victim, and to which the crime victim is entitled, will exceed the aforesaid amount of the funds available, and any disposition by the respondent of such funds could render the crime victim’s judgment ineffectual. 19. Upon information and belief, absent injunctive or other provisional relief, the respondents’ interest in the aforesaid funds available could be assigned away or the whole or substantial portion of the aforesaid funds could be dissipated, thereby placing the funds beyond the reach of the Office and the crime victim. If the crime victim is unable to satisfy any judgment obtained because the funds have been assigned or dissipated, the crime victim will suffer irreparable harm. III. Balance of the Equities 20. Upon information and belief, the objective of the Legislature in enacting Executive Law § 632-a is to ensure that any funds obtained by persons convicted of specified crimes are preserved and made available to compensate the victims of those crimes or their representatives. 21. When the funds of the convicted person consist of monies deposited to an inmate account, the Legislature has chosen to exempt the first $1,000.00 from execution or enforcement pursuant to Executive Law § 632-a (3) from the amount available to the crime victim for recovery. 22. As respondent is an inmate in the custody of the New York State Department of Corrections and Community Supervision, the State of New York provides for respondent’s room, board, and health care without expense to respondent and will do so for the indefinite future. 5 5 of 9 FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 23. Allowing the respondent and/or his representatives to spend, assign or encumber the funds in his account would frustrate the objectives of the statute. Thus, the balance of the equities weighs in favor of granting all the equitable relief requested by the Office herein. IV. The Need for Ex Parte Relief 24. This application is being brought ex parte, by Order to Show Cause rather than notice of petition, without giving notice to respondent of the application for a Temporary Restraining Order. 25. Upon information and belief, notice of this application would provide a window of opportunity for the respondent to alienate the funds before an injunction or restraining order is in place. That, in turn, would significantly prejudice the crime victim on whose behalf this proceeding has been instituted. 26. Ex parte relief, in these instances, has proved to be more effective in preserving a maximum balance of funds for the benefit of the crime victim. Absent provisional relief, respondent’s dissipation of his assets will serve to defeat the status quo and unnecessarily place at risk an effective right to recovery pursuant to Executive Law § 632-a. 27. This application also seeks alternate methods of service of process pursuant to CPLR § 308(5) because the office believes that such alternate methods of service are needed to preserve the funds to satisfy any damages that might be awarded in the intended action to be commenced by the crime victim. 28. The Office seeks an Order enjoining and restraining the respondent JUSTIN SMITH (NYSID No. 02655628M), and the Superintendent of Orleans Correctional Facility, where respondent is currently incarcerated, the Superintendent in control of respondent’s inmate account at any other correctional facility where he may be located, any other person acting on the their 6 6 of 9 FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 behalf, and other persons specified in the Order to Show Cause from transferring or otherwise disposing of any funds credited or to be credited to the respondent’s inmate account, less the first $1,000.00 exempt from execution or enforcement pursuant Executive Law § 632-a(3), pending the hearing and determination of the instant proceeding; and, if the relief sought by the proceeding is granted, pending the service of an order granting a Preliminary Injunction upon respondent, the Superintendent of any correctional facility where the respondent then resides, and any other garnishees. 29. Neither the Office nor, upon information and belief, the crime victim has made any previous application for the relief requested herein, or for any other provisional remedy in connection with any property of respondent or any action brought by the crime victim herein against respondent, pursuant to Executive Law § 632-a. 30. There is no adequate remedy at law. WHEREFORE, it is respectfully requested that the Court grant all of the relief requested in the Order to Show Cause and Petition, together with such other and further relief as the Court deems just and proper, together with the costs and disbursements of this proceeding. 7 7 of 9 FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 Dated: Albany, New York January 4, 2024 LETITIA JAMES Attorney General of the State of New York Attorney for Petitioner –New York State Office of Victim Services The Capitol Albany, New York 12224 Stacey Hamilton Stacey Hamilton Assistant Attorney General, of Counsel Telephone: 518-776-2288 Stacey.Hamilton@ag.ny.gov 8 8 of 9 FILED: ALBANY COUNTY CLERK 01/05/2024 01:55 PM INDEX NO. 900309-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 VERIFICATION I make this verification on behalf of the petitioner in the instant lawsuit. I am an Attorney 3 at the New York State Office of Victim Services (“Office”). I have read the foregoing Petition and the same is true to the best of my knowledge and belief, except as to those matters stated upon information and belief, as to which I believe them to be true. This verification is made by me pursuant to CPLR 3020(d)(2), since I am familiar and acquainted with all facts and matters pertaining to the contents of the subject Petition. The sources of my information, and the grounds of my belief as to all facts and matters in the foregoing Petition stated to be upon my information and belief, are as follows: the scope and subject matter of my job duties, personal involvement with some of the facts and circumstances underlying the Petition; general investigation of the facts of the case, records maintained by the Office, and communications with staff that also have had personal involvement with the facts and circumstances underlying the Petition. Dated: Albany, New York January 4, 2024 ANTONIA G. TABENKIN Printed [Reproduced] on Recycled Paper 9 9 of 9