Preview
FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024
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
BILLY RIVERA, the crime victim, and all other victims
of respondent’s crimes,
VERIFIED PETITION
Petitioner, FOR PRELIMINARY
INJUNCTIVE RELIEF
For Preliminary Injunctive Relief Pursuant to PURSUANT TO
Executive Law §632-a EXEC. LAW §632-A
-against- Index No.
MICHAEL MONTILLA (NYSID No. 15391334M),
Respondent.
Petitioner, NEW YORK STATE OFFICE OF VICTIM SERVICES, on behalf of BILLY
RIVERA, 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 Victims 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”
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(see Exec. L. 632-a [1][b]) or “funds of a convicted person” (see Exec. L. 632-a [1][c]), upon
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, MICHAEL MONTILLA (NYSID No. 15391334M), was sentenced by the
Bronx County Supreme Court on January 31, 2024, to a term of 3 years and 6 months
imprisonment and 5 years post release supervision following his conviction of Criminal Possession
of a Weapon 2nd Degree.
5. Criminal Possession of a Weapon 2nd Degree is a “specified crime” pursuant to
Executive Law §632-a(1)(e)(i)(A).
6. Pursuant to that commitment the Respondent is currently incarcerated at Greene
Correctional Facility, 165 Plank Rd, Coxsackie, NY 12051.
7. General Municipal Law §70 requires the Comptroller to send a notice to the Office
at least 30 days before making any payment in excess of $10,000.00 to a person convicted of a
crime. On March 12, 2024, the Office of the New York City Comptroller sent a notice letter to the
Office advising that the Comptroller anticipated paying the sum of $20,000.00 to the respondent.
A copy of this notice letter is attached hereto and made a part hereof, marked Exhibit B.
8. As required by Executive Law §632-a(2)(c), upon receiving such a notification the
Office located and notified the crime victim, BILLY RIVERA, of the existence of such funds by
letter dated March 14, 2024.
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9. By Affidavit dated March 28, 2024, BILLY RIVERA, the crime victim, 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 crime. A copy of the Affidavit is attached hereto and marked as Exhibit C.
10. 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
. . .”.
11. 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.
12. 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
the unnecessary dissipation of the inmate’s funds through poundage and incidental expenses
associated with attachment. The Office, therefore, 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.
13. Upon information and belief, the funds subject to the proposed injunctive relief
include funds to be paid to respondent in the sum of $20,000.00 obtained from the filing of a Notice
of Claim pursuant to General Municipal Law §50-e entitled In the Matter of MICHAEL
MONTILLA vs. The City of New York, (claim number 2023 PI 009524), for compensation for
personal injuries. The respondent obtained the aforesaid funds in the sum of $20,000.00 in a pre-
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litigation settlement which was concluded pursuant to the filing of the Notice of Claim by the
respondent under the aforesaid General Municipal Law §50-e. A copy of the General Release is
attached hereto and made a part hereof, marked Exhibit D.
14. Excepted from the scope of the proposed preliminary injunctive relief would be
that portion of the sum of $20,000.00 which represents attorneys’ fees and disbursements incurred
by respondent in the hereinbefore mentioned Notice of Claim action, and 10% of compensatory
damages remaining after first subtracting said attorney’s fees and disbursements which amounts
are exempt from the Son of Sam law freeze, pursuant to Executive Law §632-a(3) and CPLR
§5205(k).
15. Upon information and belief, the respondent was represented in the aforementioned
Notice of Claim action by John Paul DeVerna, Esq. and the law offices of DeVerna Law, located
at 111 John Street, Suite 1615, New York, NY 10038. Upon information and belief, for purposes
of CPLR § 5205(k), there are no punitive damages included in the said funds.
16. The Office of the New York City Comptroller has advised the Office that they will
shortly draw a check in the sum of $20,000.00 for damages, costs, disbursements and legal fees
payable jointly to respondent MICHAEL MONTILLA (NYSID No. 15391334M) and John Paul
DeVerna, Esq. and the law offices of DeVerna Law, located at 111 John Street, Suite 1615, New
York, NY 10038, attorneys for the respondent in the aforesaid action.
I. Likelihood of Success on the Merits
17. 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. BILLY RIVERA is the "crime victim" as defined in Executive Law § 632-a (1) (d);
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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 “fund of a convicted person”
(Executive Law §632-a(1)(c)).
18. 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
19. Upon information and belief, all of the aforesaid funds in the sum of $20,000.00
except that which represents attorneys’ fees and disbursements incurred by respondent in the
hereinbefore mentioned Notice of Claim action are either now available or will shortly be available
for disbursement by respondent.
20. Upon information and belief, the money damages sought by and to which the crime
victim is entitled will exceed the aforesaid amount of the settlement proceeds obtained by
respondent, and the threatened disposition by the respondent of such funds would tend to render
the crime victim’s judgment ineffectual.
21. Upon information and belief, and absent injunctive or other provisional relief, the
respondent’s interest in the settlement proceeds could be assigned away or the whole or substantial
portions of the funds which OVS is seeking to enjoin could be dissipated and thus put beyond the
reach of OVS, causing the crime victim to suffer immediate irreparable harm, and be unable to
satisfy any judgment obtained.
III. Balance of the Equities
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22. 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.
23. The Legislature has chosen to exempt attorneys’ fees, disbursements and 10% of
respondent’s personal injury award from the amount available to the crime victim for recovery.
24. Allowing the respondent and/or his representatives to dissipate or assign away more
than that or any portion of his interest in the aforesaid settlement would frustrate the objectives of
the statute. Thus, the balance of the equities, therefore, weighs in favor of granting all of the
equitable relief requested herein.
25. This application is being brought ex parte, by Order to Show Cause without giving
prior notice to respondent or his counsel, of the application for a Temporary Restraining Order,
rather than by notice of petition.
26. Upon information and belief, the giving notice of this application could
significantly prejudice the crime victim on whose behalf this proceeding has been instituted by
creating a window of opportunity for the respondent convicted person and/or his representatives
to place the funds beyond the reach of the Courts or OVS or create additional encumbrances that
would frustrate the public’s interest in ensuring compensation to crime victims.
27. Ex parte relief has proved to be more effective in preserving a maximum balance
of funds for the benefit of the crime victims. 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 §632a.
28. This application also seeks alternate methods of service of process under CPLR
§308(5) because the office believes that such alternate methods of service are needed to preserve
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the funds to satisfy any damages that might be awarded in the intended action to be commenced
by the crime victim.
29. The Office seeks an Order enjoining and restraining the respondent MICHAEL
MONTILLA (NYSID No. 15391334M), JOHN PAUL DEVERNA, ESQ. and the law offices of
DeVerna Law, located at 111 John Street, Suite 1615, New York, NY 10038, his prospective
garnishees, the OFFICE OF THE NEW YORK CITY COMPTROLLER, with business offices
located at 1 Centre Street, New York, New York 10007, and any other person acting on their
behalf, from transferring encumbering or otherwise disposing of any portion of the aforesaid
proceeds payable pursuant to the aforesaid settlement in the Notice of Claim action entitled
MICHAEL MONTILLA vs. The City of New York, et al., (Claim No. 2023 PI 009524) except
that portion of the aforesaid sum of $20,000.00 which represents attorney’s fees and disbursements
incurred by respondent in the hereinbefore mentioned settlement in the Notice of Claim action,
and 10% of the compensatory damages calculated thereafter, (exempt from execution pursuant to
Executive Law § 632-a[3] and CPLR §5205[k]), 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, his aforesaid attorneys, and any other
garnishees.
30. 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.
31. There is no adequate remedy at law.
WHEREFORE, it is respectfully requested that the Court grant all of the relief requested
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in the Order to Show Cause, together with such other and further relief as the Court deems just
and proper, together with the costs and disbursements of this proceeding.
Dated: Albany, New York
April 11, 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
__________________________________
William A. Scott, Esq.
Assistant Attorney General, of Counsel
Telephone: 518-776-2288
William.Scott@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
April 1, 2024
ANTONIA G. TABENKIN
Printed [Reproduced] on Recycled Paper 9
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Preview
FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 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 BILLY RIVERA, the crime victim, and all other victims of respondent’s crimes, VERIFIED PETITION Petitioner, FOR PRELIMINARY INJUNCTIVE RELIEF For Preliminary Injunctive Relief Pursuant to PURSUANT TO Executive Law §632-a EXEC. LAW §632-A -against- Index No. MICHAEL MONTILLA (NYSID No. 15391334M), Respondent. Petitioner, NEW YORK STATE OFFICE OF VICTIM SERVICES, on behalf of BILLY RIVERA, 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 Victims 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” 1 of 9 FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 (see Exec. L. 632-a [1][b]) or “funds of a convicted person” (see Exec. L. 632-a [1][c]), upon 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, MICHAEL MONTILLA (NYSID No. 15391334M), was sentenced by the Bronx County Supreme Court on January 31, 2024, to a term of 3 years and 6 months imprisonment and 5 years post release supervision following his conviction of Criminal Possession of a Weapon 2nd Degree. 5. Criminal Possession of a Weapon 2nd Degree is a “specified crime” pursuant to Executive Law §632-a(1)(e)(i)(A). 6. Pursuant to that commitment the Respondent is currently incarcerated at Greene Correctional Facility, 165 Plank Rd, Coxsackie, NY 12051. 7. General Municipal Law §70 requires the Comptroller to send a notice to the Office at least 30 days before making any payment in excess of $10,000.00 to a person convicted of a crime. On March 12, 2024, the Office of the New York City Comptroller sent a notice letter to the Office advising that the Comptroller anticipated paying the sum of $20,000.00 to the respondent. A copy of this notice letter is attached hereto and made a part hereof, marked Exhibit B. 8. As required by Executive Law §632-a(2)(c), upon receiving such a notification the Office located and notified the crime victim, BILLY RIVERA, of the existence of such funds by letter dated March 14, 2024. 2 2 of 9 FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 9. By Affidavit dated March 28, 2024, BILLY RIVERA, the crime victim, 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 crime. A copy of the Affidavit is attached hereto and marked as Exhibit C. 10. 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 . . .”. 11. 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. 12. 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 the unnecessary dissipation of the inmate’s funds through poundage and incidental expenses associated with attachment. The Office, therefore, 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. 13. Upon information and belief, the funds subject to the proposed injunctive relief include funds to be paid to respondent in the sum of $20,000.00 obtained from the filing of a Notice of Claim pursuant to General Municipal Law §50-e entitled In the Matter of MICHAEL MONTILLA vs. The City of New York, (claim number 2023 PI 009524), for compensation for personal injuries. The respondent obtained the aforesaid funds in the sum of $20,000.00 in a pre- 3 3 of 9 FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 litigation settlement which was concluded pursuant to the filing of the Notice of Claim by the respondent under the aforesaid General Municipal Law §50-e. A copy of the General Release is attached hereto and made a part hereof, marked Exhibit D. 14. Excepted from the scope of the proposed preliminary injunctive relief would be that portion of the sum of $20,000.00 which represents attorneys’ fees and disbursements incurred by respondent in the hereinbefore mentioned Notice of Claim action, and 10% of compensatory damages remaining after first subtracting said attorney’s fees and disbursements which amounts are exempt from the Son of Sam law freeze, pursuant to Executive Law §632-a(3) and CPLR §5205(k). 15. Upon information and belief, the respondent was represented in the aforementioned Notice of Claim action by John Paul DeVerna, Esq. and the law offices of DeVerna Law, located at 111 John Street, Suite 1615, New York, NY 10038. Upon information and belief, for purposes of CPLR § 5205(k), there are no punitive damages included in the said funds. 16. The Office of the New York City Comptroller has advised the Office that they will shortly draw a check in the sum of $20,000.00 for damages, costs, disbursements and legal fees payable jointly to respondent MICHAEL MONTILLA (NYSID No. 15391334M) and John Paul DeVerna, Esq. and the law offices of DeVerna Law, located at 111 John Street, Suite 1615, New York, NY 10038, attorneys for the respondent in the aforesaid action. I. Likelihood of Success on the Merits 17. 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. BILLY RIVERA is the "crime victim" as defined in Executive Law § 632-a (1) (d); 4 4 of 9 FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 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 “fund of a convicted person” (Executive Law §632-a(1)(c)). 18. 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 19. Upon information and belief, all of the aforesaid funds in the sum of $20,000.00 except that which represents attorneys’ fees and disbursements incurred by respondent in the hereinbefore mentioned Notice of Claim action are either now available or will shortly be available for disbursement by respondent. 20. Upon information and belief, the money damages sought by and to which the crime victim is entitled will exceed the aforesaid amount of the settlement proceeds obtained by respondent, and the threatened disposition by the respondent of such funds would tend to render the crime victim’s judgment ineffectual. 21. Upon information and belief, and absent injunctive or other provisional relief, the respondent’s interest in the settlement proceeds could be assigned away or the whole or substantial portions of the funds which OVS is seeking to enjoin could be dissipated and thus put beyond the reach of OVS, causing the crime victim to suffer immediate irreparable harm, and be unable to satisfy any judgment obtained. III. Balance of the Equities 5 5 of 9 FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 22. 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. 23. The Legislature has chosen to exempt attorneys’ fees, disbursements and 10% of respondent’s personal injury award from the amount available to the crime victim for recovery. 24. Allowing the respondent and/or his representatives to dissipate or assign away more than that or any portion of his interest in the aforesaid settlement would frustrate the objectives of the statute. Thus, the balance of the equities, therefore, weighs in favor of granting all of the equitable relief requested herein. 25. This application is being brought ex parte, by Order to Show Cause without giving prior notice to respondent or his counsel, of the application for a Temporary Restraining Order, rather than by notice of petition. 26. Upon information and belief, the giving notice of this application could significantly prejudice the crime victim on whose behalf this proceeding has been instituted by creating a window of opportunity for the respondent convicted person and/or his representatives to place the funds beyond the reach of the Courts or OVS or create additional encumbrances that would frustrate the public’s interest in ensuring compensation to crime victims. 27. Ex parte relief has proved to be more effective in preserving a maximum balance of funds for the benefit of the crime victims. 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 §632a. 28. This application also seeks alternate methods of service of process under CPLR §308(5) because the office believes that such alternate methods of service are needed to preserve 6 6 of 9 FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 the funds to satisfy any damages that might be awarded in the intended action to be commenced by the crime victim. 29. The Office seeks an Order enjoining and restraining the respondent MICHAEL MONTILLA (NYSID No. 15391334M), JOHN PAUL DEVERNA, ESQ. and the law offices of DeVerna Law, located at 111 John Street, Suite 1615, New York, NY 10038, his prospective garnishees, the OFFICE OF THE NEW YORK CITY COMPTROLLER, with business offices located at 1 Centre Street, New York, New York 10007, and any other person acting on their behalf, from transferring encumbering or otherwise disposing of any portion of the aforesaid proceeds payable pursuant to the aforesaid settlement in the Notice of Claim action entitled MICHAEL MONTILLA vs. The City of New York, et al., (Claim No. 2023 PI 009524) except that portion of the aforesaid sum of $20,000.00 which represents attorney’s fees and disbursements incurred by respondent in the hereinbefore mentioned settlement in the Notice of Claim action, and 10% of the compensatory damages calculated thereafter, (exempt from execution pursuant to Executive Law § 632-a[3] and CPLR §5205[k]), 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, his aforesaid attorneys, and any other garnishees. 30. 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. 31. There is no adequate remedy at law. WHEREFORE, it is respectfully requested that the Court grant all of the relief requested 7 7 of 9 FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 in the Order to Show Cause, together with such other and further relief as the Court deems just and proper, together with the costs and disbursements of this proceeding. Dated: Albany, New York April 11, 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 __________________________________ William A. Scott, Esq. Assistant Attorney General, of Counsel Telephone: 518-776-2288 William.Scott@ag.ny.gov 8 8 of 9 FILED: ALBANY COUNTY CLERK 04/11/2024 09:31 AM INDEX NO. 903592-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 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 April 1, 2024 ANTONIA G. TABENKIN Printed [Reproduced] on Recycled Paper 9 9 of 9