On June 16, 2023 a
Motion-Secondary
was filed
involving a dispute between
Chedva Benelyahou,
Sharok Jacobi,
and
Village Of Saddle Rock,
for Torts - Other (Civil Rights Law)
in the District Court of Nassau County.
Preview
EXHIBIT A
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Sharok Jacobi and Chedva Benelyahou, Index No. 609519/2023
individually and on behalf of all others similarly
situated,
Plaintiffs, [PROPOSED] ORDER
- against -
Village of Saddle Rock,
Defendant
AND NOW, this ____ day of _______, 2023, Plaintiffs’ Motion to have the above-
captioned action certified as a class action against Defendant in accordance with CPLR. §§ 901
and 902, upon consideration of the papers in Support of the Motion, Defendant’s papers in
Opposition to the Motion, and Plaintiffs’ Reply papers in Support of the Motion, it is hereby
ORDERED that the Motion is GRANTED as follows:
(1) The above-captioned action is hereby CERTIFIED as a class action for
Plaintiffs’ claims of Violations of New York Civil Rights Law (“CRL”) § 11
and Article 1, §§ 5 and 6 of the New York State Constitution, and Unjust
Enrichment;
(2) The Class consists of all persons who were issued violations under the Village
of Saddle Rock’s photo enforcement program (“Class Members” or “Class”);
(3) Plaintiffs Sharok Jacobi and Chedva Benelyahou shall serve as representatives
of the Class;
(4) Plaintiffs’ Counsel, Sheehan & Associates, P.C., shall serve as Class Counsel;
(5) The proposed Notice of Class Action Lawsuit Regarding Photo Enforcement
Program and Opt-Out Form, attached as Exhibit A to the Affirmation in
Support, is hereby APPROVED for distribution to Class Members;
(6) Defendant shall produce to Plaintiffs in Microsoft Excel format a list of all Class
Members, including their names, last known mailing address, all known
telephone numbers, e-mail addresses and other indicia in its possession to
enable Notice and identification (“Class List”), within fourteen (14) business
days of this Order;
(7) Plaintiffs’ Counsel shall mail the Notice to Class Members within twenty-one
(21) business days of receipt of the Class List from Defendant; and
(8) Other and further relief as the Court deems just and proper.
SO ORDERED.
Mineola, New York
Dated:
Hon.
2
Document Filed Date
December 11, 2023
Case Filing Date
June 16, 2023
Category
Torts - Other (Civil Rights Law)
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