Preview
FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018
SUPREME OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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'
LUIS GARCIA and MARIE TRONCONE-GARCIA Index No. 151709/2016
Plaintiffs,
-against- ATTORNEY
AFFIRÂf ATION
C7ESLAW BASTRZYK and DAMIAN
BASTRZYK,
Defendants.
X
------------------------------------------------------------------X
NICHOLAS M. MOCCIA, an attorney duly admitted to practices in the Courts of the State of New
brk hereby affirms under penalties of perjury as follows:
1. I am the for Plaintiff LUIS GARCIA and Plaintiff MARIE TRONCONE-
attorney
"Plaintiffs"
GARCIA (jointly and collectively, "Plaintiffs") in the above-referenced matter.
2. I submit this affirmation in opposition to the Defendant CZESLAW BASTRZYK's
and Defendant DAMIAN BASTRZYK's motion to dismiss (Mot. No. 001).
Plaintiffs'
3. I also submit this affirmation in support of the cross motion (Mot. No.
002) for the following relief:
a. Granting summary judgment in favor of intiff MARIE TRONCONE-GARCIA
with regard to her Third Cayse of Action for Trespass as against the Defendant
I
CZESLAW BASTRZYK;
Defendants'
b. Deeming the motion to dismiss to be a motion for summary judgment,
and granting summary judgment in favor of the Plaintiff LUIS GARCIA as to his
causes of action pursuant to CPLR 3212(b);
c. Such other and further relief as this Court deems just and proper.
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L SUPPORTING DOCUMENTS
4. Plaintiffs submit the following in support of Plaintiff MARIE-TRONCONE
Defendants'
GARCIA's motion for summary judgment and in opposition to the motion to dismiss
pursuant to CPLR 3211(a)(7):
- ("
A. First Arrest, dated October 2, 2014 (S14610992); Docket No. 2014RI009413 ("Sword
Incident"
Incident") •
5. On October 2, 2014, Defendant CZESLAW BASTRZYK accused Plaintiff LUIS
(" Incident"
GARCIA of chasing him with a sword and threatening to kill ("Sword Incident").
6. Plaintiff LUIS GARCIA was arrested for the Sword Incident on October 2, 2014.
"A" --
7. Exhibit Complaint Report Worksheet, dated October 2, 2014 for Sword
Incident.
"B" --
8. Exhibit Arrest Report, dated October 2, 2014, Arrest No. S14610992 for
Sword Incident.
"C" --
9. Exhibit Supporting Deposition of arresting officer, dated October 3, 2014,
for Docket No. 2014RI009413,for Sword Incident.
"D" -
10. Exhibit Temporary ·Order
Order of Protection issued on October 2, 2014 for
Defendant CZESLAW BASTRZYK as against Plaintiff LUIS GARCIA.
"E" --
11. Exhibit The Transcript of Defendant CZESLAW BASTRZYK's testimony
at trial,dated August 10, 2016, for the Sword Incident.
"F" -- Defendants' "Sword"
12. Exhibit surveillance video (18 seconds) of the
Incident demonstrating that: 1. Defendant CZESLAW B.ASTRZYK was trespassing on the
Subject Premises when the Sword Incident occurred; 2. that Defendant CZESLAW BASTRZYK
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).
was himself armed with a large wooden plank; 3. Plaintiff LUIS GARCIA was not, in fact,
wielding a sword as the Defendants claimed.
"G" - "Sword"
13. Exhibit 911 Call Recordings arising from the Incident, which
includes recordings of Plaintiff MARIA TRONCONE-GARCIA, Defendant DAMIAN
BASTRYZK and an individual who identified herself as Defendant CZESLAW BASTRYZK's
daughter. Defendant DAMIAN BASTRZYK reports during his 911 call that Plaintiff LUIS
GARCIA chased Defendant CZESLAW BASTRZYK with a sword. Significantly, Defendant
CZESLAW BASTRZYK's daughter does not report that Plaintiff LUIS GARCIA had a sword,
but a crowbar.
'i,'
',:
"H" --
14. Exhibit Certificate of Disposition fbrPeoplev.LUISGARClA, Docket No.
I
2014RI009413, demonstrating that Plaintiff LUIS GARCIA was acquitted after trial for the
charges arising from the First Arrest/Sword Incident.
"I" -
15. Exhibit Transcript of court proceeding on September 3, 2015, wherein
guilty" —
Criminal Court rendered a "not verdict for Docket No. 2014RI009413-i.e. the Sword
Incident-after— trial.
B. Second Arrest, dated October 31, 2014 (Arrest No. S14612071), Docket No.
(" Incident"
2014RI010365-("LeafThrowingincident")
16. On October 31, 2014, the Defendants complained that Plaintiff LUIS GARCIA
violated Defendant CZESLAW BASTRZYK's Order of Protection by yelling at Defendant
4
CZESLAW BASTRZYK for throwing leaves in the yard of the Subject Premises.
"J" --
17. Exhibit Arrest Report, dated October 31, 2014, Arrest No. S14612071, for
Leaf Throwing Incident.
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"K" --
18. Exhibit Supporting I5eposition of arresting officer, dated October 31, 2014,
for Docket No. 2014RI010365, the Leaf Throwing Incident.
"L" --
19. Exhibit Certificate of Disposition forPeoplev.LuisGarcia, Docket No.
2014RI010365, demonstrating that the charges against Plaintiff LUIS GARCIA arising from the
Second Arrest/Leaf Throwing Incident were dismissed on the motion of the District Attorney.
0
C. Third Arrest, dated January 28, 2015 (Arrest No. S15600797), Docket No.
Incident"
2015RI000657("BB Gun Incident")
20. The Defendants made several complaints. in January of 2015, that Plaintiff LUIS
GARCIA was damaging their windows with a BB gun. During a 911 call (Ex. R), Defendant
DAMIAN BASTRZYK claimed that he witnessed Plaintiff LUIS GARCIA shooting a BB gun at
Incident"
Defendant CZESLAW BASTRZYK in violation of the Order of Protection ("BB gun Incident").
"M" -
21. Exhibit Complaint Report, dated January 20, 2015 for BB Gun Incident.
"N" --
22. Exhibit Complaint Follow Up Itepoï·ts4, 6 and 7, dated January 22, 2015,
January 25, 2015, and January 25, 2015, respectively, for the BB Gun Incident.
i
"O" --
23. Exhibit Complaint Report, dated January 23, 2015 for BB Gun Incident.
"P" --
24. Exhibit Arrest Report, dated January 28, 2015, Arrest No. S15600797 for
BB Gun Incident.
"Q" --
25. Exhibit Supporting Deposition of arresting officer, dated January 28, 2015,
for Docket No. 2015RI000657, the BB Gun Incident.
"R" --
26. Exhibit Recording of 911 Call of Defendant DAMIAN BASTRZYK
wherein he falsely reports the BB Gun Incident as if he were eye-witnessing the same in real time.
Defendant DAMIAN BASTRYZK claims to the 911 operator that he witnessed Plaintiff LUIS
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GARCIA shooting at Defendant CZESLAW BASTRZYK with a BB Gun in order to induce law
enforcement to arrest Plaintiff LUIS GARCIA again for an alleged violation of the Order of
Protection. Defendant DAMIAN BASTRZYK during his EBT (21:22 to 22.:10 at Ex. II)testified
that he never actually eye-witnessed the BB Gun Incident, but instead reported what his father told
him.
"S" --
27. Exhibit Certificate of Disposition for People v. Luis Garcia, Docket No.
I
2015RI000657, demonstrating that the charges against Plaintiff LUIS GARCIA for the BB Gun
Incident were dismissed on the motion of the District Attorney.
"T" - Defendants'
28. Exhibit Plaintiff LUIS GARCIA's photographs of the garage
windows. The photographs are timestamped January 22, 2015, showing that the garage windows
were intact two days after the incident occurred on January 20, 2015 and six days prior to his arrest
on January 28, 2015.
D. Fourth Arrest, dated April 17, 2015 (Arrest No. 201581003094), Docket No.
2015RI003094("CarIncident").
29. On April 17, 2015, the Defendants complained that Plaintiff LUIS GARCIA
attempted to run over Defendant CZESLAW BASTRZYK with his car in violation of the Order
Incident"
of Protection ("Car Incident").
"U"
30. Exhibit --Complaint
'Complaint Report, dated Apriw/ 201&for Car Incident.
"V" -
31. Exhibit Complaint Follow Up Report #10, dated April 23, 2015 for Car
Incident.
"W" -
32. Exhibit Arrest Report, dated April 29, 2015 for Car Incident.
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"X" --
33. Exhibit Supporting Deposition from arresting officer, dated April 29, 2015
for Docket No. 2015RI003094, the Car Incident.
"Y" --
34. Exhibit Certificate of Disposition for People v. LUIS GARCIA, Docket No.
2015RI003094, demonstrating
that the charges against, Plaintiff LUIS GARCIA for the Car
Incident were dismissed on the motion of the District Attorney.
"Z" -
35. Exhibit Plaintiff's surveillance video of the Car Incident.
E. Fifth Arrest, dated August 17, 2015 (Arrest No. S15607365), Docket No. 2015RI006027
Incident"
("Unknown Liquid Substance Incident")
36. Defendant DAMIAN BASTRZYK reported to law enforcement that Plaintiff LUIS
GARCIA again violated the Order of Protection by pouring a white, unknown liquid substance
into Defendant CZESLAW BASTRZYK's garden.
"AA" --
37. Exhibit Supporting Deposition from arresting officer, dated August 17,
2015 for Docket No. 2015RI006027 for Unknown Liquid Substance Incident.
"BB" --
38. Exhibit Certificate.of Disposition for People v. Luis Garcia, Docket No.
2015RI006027 for Unknown Liquid Substance Incident, demonstrating that the charges against
Plaintiff LUIS GARCIA were dismissed on the motion of the District Attorney.
F. Sixth Arrest, dated September 8, 2015 (Arrest No. S15608063), Docket No.
Protection"
2015RI006570 ("Violation of Damian Bastrgyk's Order of Protection")
"CC" --
39. Exhibit Supporting Deposition of arresting office, dated September 8,
("
2015 for Docket No. 2015RI006570 ("Violation of Defendant Damian Bastrzyk's Order of
Protection"
Protection"), which states in relevant part:
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Deponent states thathe is informed bye MIEN BATRZYK that he observed the
;:-:I defendant in front of his residence, the above location, 858 the defendantstated to informant in
sum and substance: I'M GONNA FUCK YOU UP, SUCK MY DICK, which did cause
informant to experience annoyance and alarm and did violate the above mentioned order of
-< protection.
"DD" --
40. Exhibit Certificate of Disposition for People v. Luis Garcia, Docket No.
(" Protection"
2015RI006570 ("Violation of Defendant Damian Bastrzyk's Order of Protection"), demonstrating
that the charges against Plaintiff LUIS G ARCIA for violating Defendant DAMIAN BASTRZYK's
Order of Protection were dismissed on the motion of the District Attorney.
"EE" -
41. Exhibit Defendant DAMIAN BASTRZYK's Order of Protection, dated
September 8, 2015.
G. Seventh Arrest, dated January 12, 2016 (Arrest Nu. S16600341)
42. Plaintiff LUIS GARCIA was arrested a seventh time in January 12, 2016. During
this incident, Defendant CZESLAW BASTRZYK intentionally provoked Plaintiff LUIS GARCIA
by staring down him and his wife from the Bastrzyk Residence.
"FF" --
43. Exhibit Letter from the Office of the District Attorney, Richmond County,
which:
dated August 18, 2016, for Arrest No. Si 6600341, whieff states in relevant part:
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NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018
* *'""'
To Whom ItMay Concern:
This is toinform you thatthe DistrictAttorney's Office of Richmond County, City of New York, has
declined to prosecute the case*against Luis Garcia Arrest 816600341 date of 01/12/2016 Due to the fact
that the case never went before the judge, thiscase isconsidered dismissed and Luis Garcia has.no record
from thisincident.
I ferCil 5
Chief
~ aa
Richmond County
' DistrictAttorneys Office.
COUNTY DISTRICT·ATTORNEY
RICHMOND
~r r.e
Preview
FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018 SUPREME OF THE STATE OF NEW YORK COUNTY OF RICHMOND -----------------------------------------------------------------X ' LUIS GARCIA and MARIE TRONCONE-GARCIA Index No. 151709/2016 Plaintiffs, -against- ATTORNEY AFFIRÂf ATION C7ESLAW BASTRZYK and DAMIAN BASTRZYK, Defendants. X ------------------------------------------------------------------X NICHOLAS M. MOCCIA, an attorney duly admitted to practices in the Courts of the State of New brk hereby affirms under penalties of perjury as follows: 1. I am the for Plaintiff LUIS GARCIA and Plaintiff MARIE TRONCONE- attorney "Plaintiffs" GARCIA (jointly and collectively, "Plaintiffs") in the above-referenced matter. 2. I submit this affirmation in opposition to the Defendant CZESLAW BASTRZYK's and Defendant DAMIAN BASTRZYK's motion to dismiss (Mot. No. 001). Plaintiffs' 3. I also submit this affirmation in support of the cross motion (Mot. No. 002) for the following relief: a. Granting summary judgment in favor of intiff MARIE TRONCONE-GARCIA with regard to her Third Cayse of Action for Trespass as against the Defendant I CZESLAW BASTRZYK; Defendants' b. Deeming the motion to dismiss to be a motion for summary judgment, and granting summary judgment in favor of the Plaintiff LUIS GARCIA as to his causes of action pursuant to CPLR 3212(b); c. Such other and further relief as this Court deems just and proper. 1of46 1 of 46 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 r NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018 L SUPPORTING DOCUMENTS 4. Plaintiffs submit the following in support of Plaintiff MARIE-TRONCONE Defendants' GARCIA's motion for summary judgment and in opposition to the motion to dismiss pursuant to CPLR 3211(a)(7): - (" A. First Arrest, dated October 2, 2014 (S14610992); Docket No. 2014RI009413 ("Sword Incident" Incident") • 5. On October 2, 2014, Defendant CZESLAW BASTRZYK accused Plaintiff LUIS (" Incident" GARCIA of chasing him with a sword and threatening to kill ("Sword Incident"). 6. Plaintiff LUIS GARCIA was arrested for the Sword Incident on October 2, 2014. "A" -- 7. Exhibit Complaint Report Worksheet, dated October 2, 2014 for Sword Incident. "B" -- 8. Exhibit Arrest Report, dated October 2, 2014, Arrest No. S14610992 for Sword Incident. "C" -- 9. Exhibit Supporting Deposition of arresting officer, dated October 3, 2014, for Docket No. 2014RI009413,for Sword Incident. "D" - 10. Exhibit Temporary ·Order Order of Protection issued on October 2, 2014 for Defendant CZESLAW BASTRZYK as against Plaintiff LUIS GARCIA. "E" -- 11. Exhibit The Transcript of Defendant CZESLAW BASTRZYK's testimony at trial,dated August 10, 2016, for the Sword Incident. "F" -- Defendants' "Sword" 12. Exhibit surveillance video (18 seconds) of the Incident demonstrating that: 1. Defendant CZESLAW B.ASTRZYK was trespassing on the Subject Premises when the Sword Incident occurred; 2. that Defendant CZESLAW BASTRZYK 2 of 46 2 of 46 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018 ). was himself armed with a large wooden plank; 3. Plaintiff LUIS GARCIA was not, in fact, wielding a sword as the Defendants claimed. "G" - "Sword" 13. Exhibit 911 Call Recordings arising from the Incident, which includes recordings of Plaintiff MARIA TRONCONE-GARCIA, Defendant DAMIAN BASTRYZK and an individual who identified herself as Defendant CZESLAW BASTRYZK's daughter. Defendant DAMIAN BASTRZYK reports during his 911 call that Plaintiff LUIS GARCIA chased Defendant CZESLAW BASTRZYK with a sword. Significantly, Defendant CZESLAW BASTRZYK's daughter does not report that Plaintiff LUIS GARCIA had a sword, but a crowbar. 'i,' ',: "H" -- 14. Exhibit Certificate of Disposition fbrPeoplev.LUISGARClA, Docket No. I 2014RI009413, demonstrating that Plaintiff LUIS GARCIA was acquitted after trial for the charges arising from the First Arrest/Sword Incident. "I" - 15. Exhibit Transcript of court proceeding on September 3, 2015, wherein guilty" — Criminal Court rendered a "not verdict for Docket No. 2014RI009413-i.e. the Sword Incident-after— trial. B. Second Arrest, dated October 31, 2014 (Arrest No. S14612071), Docket No. (" Incident" 2014RI010365-("LeafThrowingincident") 16. On October 31, 2014, the Defendants complained that Plaintiff LUIS GARCIA violated Defendant CZESLAW BASTRZYK's Order of Protection by yelling at Defendant 4 CZESLAW BASTRZYK for throwing leaves in the yard of the Subject Premises. "J" -- 17. Exhibit Arrest Report, dated October 31, 2014, Arrest No. S14612071, for Leaf Throwing Incident. 3 of46 3 of 46 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018 "K" -- 18. Exhibit Supporting I5eposition of arresting officer, dated October 31, 2014, for Docket No. 2014RI010365, the Leaf Throwing Incident. "L" -- 19. Exhibit Certificate of Disposition forPeoplev.LuisGarcia, Docket No. 2014RI010365, demonstrating that the charges against Plaintiff LUIS GARCIA arising from the Second Arrest/Leaf Throwing Incident were dismissed on the motion of the District Attorney. 0 C. Third Arrest, dated January 28, 2015 (Arrest No. S15600797), Docket No. Incident" 2015RI000657("BB Gun Incident") 20. The Defendants made several complaints. in January of 2015, that Plaintiff LUIS GARCIA was damaging their windows with a BB gun. During a 911 call (Ex. R), Defendant DAMIAN BASTRZYK claimed that he witnessed Plaintiff LUIS GARCIA shooting a BB gun at Incident" Defendant CZESLAW BASTRZYK in violation of the Order of Protection ("BB gun Incident"). "M" - 21. Exhibit Complaint Report, dated January 20, 2015 for BB Gun Incident. "N" -- 22. Exhibit Complaint Follow Up Itepoï·ts4, 6 and 7, dated January 22, 2015, January 25, 2015, and January 25, 2015, respectively, for the BB Gun Incident. i "O" -- 23. Exhibit Complaint Report, dated January 23, 2015 for BB Gun Incident. "P" -- 24. Exhibit Arrest Report, dated January 28, 2015, Arrest No. S15600797 for BB Gun Incident. "Q" -- 25. Exhibit Supporting Deposition of arresting officer, dated January 28, 2015, for Docket No. 2015RI000657, the BB Gun Incident. "R" -- 26. Exhibit Recording of 911 Call of Defendant DAMIAN BASTRZYK wherein he falsely reports the BB Gun Incident as if he were eye-witnessing the same in real time. Defendant DAMIAN BASTRYZK claims to the 911 operator that he witnessed Plaintiff LUIS 4 of 46 4 of 46 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018 GARCIA shooting at Defendant CZESLAW BASTRZYK with a BB Gun in order to induce law enforcement to arrest Plaintiff LUIS GARCIA again for an alleged violation of the Order of Protection. Defendant DAMIAN BASTRZYK during his EBT (21:22 to 22.:10 at Ex. II)testified that he never actually eye-witnessed the BB Gun Incident, but instead reported what his father told him. "S" -- 27. Exhibit Certificate of Disposition for People v. Luis Garcia, Docket No. I 2015RI000657, demonstrating that the charges against Plaintiff LUIS GARCIA for the BB Gun Incident were dismissed on the motion of the District Attorney. "T" - Defendants' 28. Exhibit Plaintiff LUIS GARCIA's photographs of the garage windows. The photographs are timestamped January 22, 2015, showing that the garage windows were intact two days after the incident occurred on January 20, 2015 and six days prior to his arrest on January 28, 2015. D. Fourth Arrest, dated April 17, 2015 (Arrest No. 201581003094), Docket No. 2015RI003094("CarIncident"). 29. On April 17, 2015, the Defendants complained that Plaintiff LUIS GARCIA attempted to run over Defendant CZESLAW BASTRZYK with his car in violation of the Order Incident" of Protection ("Car Incident"). "U" 30. Exhibit --Complaint 'Complaint Report, dated Apriw/ 201&for Car Incident. "V" - 31. Exhibit Complaint Follow Up Report #10, dated April 23, 2015 for Car Incident. "W" - 32. Exhibit Arrest Report, dated April 29, 2015 for Car Incident. 5 of46 5 of 46 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018 "X" -- 33. Exhibit Supporting Deposition from arresting officer, dated April 29, 2015 for Docket No. 2015RI003094, the Car Incident. "Y" -- 34. Exhibit Certificate of Disposition for People v. LUIS GARCIA, Docket No. 2015RI003094, demonstrating that the charges against, Plaintiff LUIS GARCIA for the Car Incident were dismissed on the motion of the District Attorney. "Z" - 35. Exhibit Plaintiff's surveillance video of the Car Incident. E. Fifth Arrest, dated August 17, 2015 (Arrest No. S15607365), Docket No. 2015RI006027 Incident" ("Unknown Liquid Substance Incident") 36. Defendant DAMIAN BASTRZYK reported to law enforcement that Plaintiff LUIS GARCIA again violated the Order of Protection by pouring a white, unknown liquid substance into Defendant CZESLAW BASTRZYK's garden. "AA" -- 37. Exhibit Supporting Deposition from arresting officer, dated August 17, 2015 for Docket No. 2015RI006027 for Unknown Liquid Substance Incident. "BB" -- 38. Exhibit Certificate.of Disposition for People v. Luis Garcia, Docket No. 2015RI006027 for Unknown Liquid Substance Incident, demonstrating that the charges against Plaintiff LUIS GARCIA were dismissed on the motion of the District Attorney. F. Sixth Arrest, dated September 8, 2015 (Arrest No. S15608063), Docket No. Protection" 2015RI006570 ("Violation of Damian Bastrgyk's Order of Protection") "CC" -- 39. Exhibit Supporting Deposition of arresting office, dated September 8, (" 2015 for Docket No. 2015RI006570 ("Violation of Defendant Damian Bastrzyk's Order of Protection" Protection"), which states in relevant part: 6of46 6 of 46 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018 Deponent states thathe is informed bye MIEN BATRZYK that he observed the ;:-:I defendant in front of his residence, the above location, 858 the defendantstated to informant in sum and substance: I'M GONNA FUCK YOU UP, SUCK MY DICK, which did cause informant to experience annoyance and alarm and did violate the above mentioned order of -< protection. "DD" -- 40. Exhibit Certificate of Disposition for People v. Luis Garcia, Docket No. (" Protection" 2015RI006570 ("Violation of Defendant Damian Bastrzyk's Order of Protection"), demonstrating that the charges against Plaintiff LUIS G ARCIA for violating Defendant DAMIAN BASTRZYK's Order of Protection were dismissed on the motion of the District Attorney. "EE" - 41. Exhibit Defendant DAMIAN BASTRZYK's Order of Protection, dated September 8, 2015. G. Seventh Arrest, dated January 12, 2016 (Arrest Nu. S16600341) 42. Plaintiff LUIS GARCIA was arrested a seventh time in January 12, 2016. During this incident, Defendant CZESLAW BASTRZYK intentionally provoked Plaintiff LUIS GARCIA by staring down him and his wife from the Bastrzyk Residence. "FF" -- 43. Exhibit Letter from the Office of the District Attorney, Richmond County, which: dated August 18, 2016, for Arrest No. Si 6600341, whieff states in relevant part: 7Iof of46 46 7 of 46 FILED: RICHMOND COUNTY CLERK 08/06/2018 03:58 PM INDEX NO. 151709/2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/06/2018 * *'""' To Whom ItMay Concern: This is toinform you thatthe DistrictAttorney's Office of Richmond County, City of New York, has declined to prosecute the case*against Luis Garcia Arrest 816600341 date of 01/12/2016 Due to the fact that the case never went before the judge, thiscase isconsidered dismissed and Luis Garcia has.no record from thisincident. I ferCil 5 Chief ~ aa Richmond County ' DistrictAttorneys Office. COUNTY DISTRICT·ATTORNEY RICHMOND ~r r.e