Motion-Secondary: New York State Office Of Victim Services v. Juan T Ramirez

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                At a Term of the Supreme Court, held
                                                        in and for the County of Albany, at the
                                                        Albany County Court House, located
                                                        in Albany, New York, on the ____day
                                                        of ___________, 2024.


PRESENT:

       _________________________,
   Supreme Court Justice, Presiding.

 In the Matter of the Application of the NEW YORK
 STATE OFFICE OF VICTIM SERVICES, on behalf
 of KR, the crime victim, and all other victims of
 respondent’s crimes,
                                                            ORDER AND JUDGMENT
                                   Petitioner,              FOR PRELIMINARY
                                                            INJUNCTION PURSUANT
         Pursuant to Executive Law ⸹632-a for               TO EXEC. L. §632-a (6)
             Preliminary Injunctive Relief
                                                            Index No. ___________-24
                       -against-

 JUAN T. RAMIREZ JR. (NYSID No. 09695879R),

                                   Respondent.



       A special proceeding having been commenced by petitioner New York State Office of

Victim Services pursuant to Executive Law §632-a (the “Son of Sam Law”) and CPLR Article 63

for preliminary injunctive relief to freeze funds payable to Respondent from the legacy or

distributive share due to Respondent, JUAN T. RAMIREZ JR. (NYSID No. 09695879R), from

the Matter of the Estate of Juan Ramirez, Deceased, (Suffolk County Surrogate’s Court, File #

2023-2660) to satisfy any judgment for damages that may be obtained by the above named crime

victim, or any other victim of statutorily specified crimes committed by Respondent; and the

proceeding having duly come on to be heard before me;
       NOW upon reading and filing the Petition, verified on March 25, 2024, the exhibits

attached thereto, Affirmation of Assistant Attorney General Stacey Hamilton dated March 25,

2024, the Order to Show Cause signed on March___, 2024 (Lynch, J.), and proof of service in

accordance with the terms of the Order to Show Cause having been filed; and, and no opposition

having been made to the Petition on the merits; it is hereby

       ORDERED, that the Petition is hereby GRANTED; and it is further,

       ORDERED, that Respondent JUAN T. RAMIREZ JR. (NYSID No. 09695879R), and his

garnishees, IVETTE OSORIO, ESQ., AND THE OSORIO LAW FIRM PLLC, and MIRIAM

GONZALEZ-RAMIREZ, their agents, assigns, successors, employees, representatives, and all

other persons acting in conjunction with them, or under their supervision, control or direction, or

on their behalf, to the extent that they are in possession or control of the whole or any portion of

the Matter of the Estate of Juan Ramirez, Deceased, (Suffolk County Surrogate’s Court, File #

2023-2660) THAT IS OR MAY COME INTO THE POSSESSION OF RESPONDENT, JUAN

T. RAMIREZ JR. (NYSID No. 09695879R), ARE HEREBY ENJOINED, RESTRAINED AND

FORBIDDEN FROM IN ANY WAY DISBURSING, DISTRIBUTING, ENCUMBERING,

TRANSFERRING,         OR     ASSIGNING,      TO    ANYONE,       AND      FOR    ANY     REASON

WHATSOEVER, THE DISTRIBUTIVE PORTION OR BENEFICIAL INTEREST OF THE

RESPONDENT IN THE ESTATE, OR ANY INCOME FROM, OR ADDITIONS TO, ANY

TRUSTS FOR THE BENEFIT OF JUAN T. RAMIREZ JR. (NYSID No. 09695879R) IN THE

ESTATE CREATED UNDER OR IN CONJUNCTION WITH ASSETS TO BE PAID INTO THE

ESTATE, and it is further,
       ORDERED, that this Order is not intended to, and shall not otherwise interfere with the

legacy, distributive or beneficial share of any of the other beneficiaries, legatees or distributees of

the aforesaid Estate, and shall not otherwise interfere with the ordinary and necessary

administration of the estate as directed and approved by the Surrogate; and it is further,

       ORDERED, that a copy of this order shall be served upon the chief clerk for the Surrogate’s

Court, Suffolk County, to provide notice thereof.


Dated: Albany, New York
       _______________, 2024

                                               ENTER:



                                               HON.                                       , J.S.C.




                                                  2