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FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________________________________________________________________Ç
In the Matter of the Application of
GLORIOUS CHURCH OF GOD IN CHRIST INC.
VERIFIED
PETITION
Petitioner
ANew York Religious Corporation
FOR LEAVE TO SELL CERTAIN REAL PROPERTY
Situate at 715 Jefferson Avenue, Brooklyn, New York 11221,
formerly known as and by 215 Malcolm X Boulevard, Brooklyn,
New York 11221 a/k/a 717 Jefferson Avenue, Brooklyn, New York
Block 1652 Lot 1 Borough of Brooklyn, Kings County City and
State of New York
____________________________________________________________________________________Ç
The petition of Glorious Church of God in Christ Inc., by its attorney, LAFLEUR
ALICIA DAVID ESQ., shows that:
1. The name of the corporation is Glorious Church of God in Christ Inc.. The corporation
was incorporated pursuant to Section 8 of the Religious Corporation Law. The Certificate of
Incorporation annexed hereto as Exhibit 1.
2. The following names are all of the trustees, and principal officers, their place of
residences and the office that they hold in the corporation:
Winfield Ballance 670 Jefferson Avenue, Brooklyn, NY 11221 Deacon/Treasurer/Trustee
Bishop David Lindsay 883 Hancock Street, Brooklyn, NY 11221 Pastor
Nancy Ballance 670 Jefferson Avenue, Brooklyn, NY 11221 Trustee
Claricia Felder 2033 Strauss Street, Brooklyn, New York 11212 Trustee
Rodney Ballance 5726 Courtney Drive, Lothian, MD 20711 Trustee
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3. The certificate of incorporation dated April 1, 1956, contained an error in that the
certificate of incorporation lists the name of the church as "The Glorious Church of God in
Christ Jesus".
4. Upon information and belief the Church has never been known as the The Glorious
Church of God in Christ Jesus.
5. Attached find the affidavit of Imogene Brydie the oldest member of the East Coast
branches of the Glorious Church of God In Christ Inc. Exhibit 2.
6. According to Mrs. Brydie the Petitioner Church is part of a larger organization of
churches with the individual churches being governed by their own board of trustees. To her
knowledge none of the churches have ever used the name Glorious Church of God in Christ
Jesus.
7. On or about July 5, 1997, the Board of Trustees of the Petitioner held a meeting.
There was a vote to amend the name of the church to the Glorious Church of God in Christ
Inc. The vote in favor was unanimous. A copy of the Minutes from the meeting is attached
hereto as Exhibit 3.
8. On July 9, 1997, the Church contacted their attorney Duane C. Felton, to engage his
services to amend the name of the Church. A copy the letter to attorney Felton is attached
hereto as Exhibit 4.
9. The amendment to the to the certificate of incorporation was filed on September 9,
1997, a copy of which is attached hereto as Exhibit 5.
10. A copy of the constitution and bylaws of GLORIOUS CHURCH OF GOD IN
CHRIST INC. is annexed as Exhibit 6.
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11. The Petitioner had its house of worship and maintains a principal office at 215
Malcolm X Boulevard, a/k/a 715/717 Jefferson Avenue Brooklyn, New York 11221, a/k/a 215
Jefferson Avenue, Brooklyn, New York 11221, formerly known as and by 215 Reid Avenue,
Brooklyn, New York. In 1985 Reid Avenue was renamed Malcolm X Boulevard. The
property is on a corner lot and is located at the intersection of Malcom X Boulevard and
Jefferson Avenue. There is a street address for Jefferson Avenue and Malcolm X Boulevard
even though there is only one lot. The Cover letter from Capital Abstract provides a list of
different names of the property. See Exhibit 7.
12. The Petitioner is the owner of certain real properties located in Kings County, State
of New York known as 715 Jefferson Avenue, Brooklyn, New York 11221, formerly known as
and by 215 Malcolm X Boulevard, Brooklyn, New York 11221 a/k/a 717 Jefferson Avenue,
Brooklyn, New York 11221, Section 6, Block 1652, Lot 1 on the tax maps (the "Premises").
13. The history of the property has caused some confusion in that there are a number of
transfers of title some of which are out of sequence. The City of New York sold to the
Petitioner from the City of New York, on March 17, 1976, the deed appears to have been lost/
misplaced. The replacement deed was recorded on October 16, 1982. A copy of the deed is
attached hereto as Exhibit 8. The Petitioner does not have any of the records from the purchase
of the property from the City of New York. I contacted the City of New York and requested
that they provide any documents from the sale of the property to the Petitioner, in order to
establish what entity documents if any that were used in regard to the purchase of the property.
In response to my query The City of New York Law Department advised that they were unable
to locate any records. A copy of the FOIL response is attached hereto as Exhibit "9".
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14. There were some transfers of title that were done without the consent of the New
York State Attorney General and or the Supreme Court of the state of New York. (It should be
noted that the transfers were made to individuals who were affiliated with the Petitioner
Church. See the affidavit of Pastor Eva Ballance attached hereto as Exhibit 14 referenced
below.)
15. On August 18, 1982, The Glorious Church of God In Christ, Jesus Inc. conveyed title
to three individuals, Melvin Moncrief, Hester Moncrief and Alpha Mae Smith. See Exhibit
"10".
16. On December 20, 1985 Alpha Mae Smith conveyed a deed to Melvin Moncrief
conveying her purported interest in the property to Melvin Moncrief. See Exhibit 11. On
December 20, 1985 Melvin Moncrief signed a deed conveying his purported interests in the
property to the Glorious Church of God In Christ, Jesus, Inc. See Exhibit 12. On April 16,
2019, a deed was signed purporting to transfer tile form the Glorious Church of God in Christ
Jesus Inc., to the Petitioner. See Exhibit 13 attached hereto.
17. In order for Capital Abstract to agree to insure title to the premises I provided the
following documents to them for their review: My affirmation dated February 19, 2022,
attached hereto as Exhibit 14; the affidavit of Imogene Brydie, see Exhibit 2; the affidavit of
Pastor Eva Ballance dated February 16, 2021 attached hereto as Exhibit 15; the FOIL request
York'
from The City of New Law Department, attached hereto as Exhibit 9; as well as to the
searches for Hester Moncrief, Melvin Moncrief and Alpha Mae Smith, cumulatively attached
hereto as Exhibit 16. After reviewing the aforementioned documents and having numerous
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conversations Joseph Berger, Esq.,-CEO of Capital Abstract Co. agreed to insure the file
through Fidelity. See Exhibit 17, the title report dated February 23, 2022.
18. The activities of the corporation are conducting religious services and all functions
incidental thereto. The purpose for which the corporation was formed is to minister the word
of the bible to its members, and the community. Its purpose is also to conduct missionary
work within the community including religious education and ministering to the poor and
needy.
19. The Premises were the Petitioner's house of worship.
20. The Petitioner corporation proposes to sell the premises located at 715 Jefferson
Avenue, Brooklyn, New York 11221, formerly known as and by 215 Malcolm X Boulevard,
Brooklyn, New York 11221 a/k/a 717 Jefferson Avenue, Brooklyn, New York 11221 Block
1652 Lot 1, for the sum of $1,200,000.00 all cash, to 2077A Fulton LLC. The proposed sale
has been discussed with all the officers and members of Glorious Church OF GOD IN
CHRIST INC. and the agreed terms were fair and reasonable. The parties entered into a
contract of sale for the sale of the property. It is an all cash transaction. A copy of the contract
of sale, dated January 16, 2018 is attached hereto as Exhibit 18.
21. 2077A Fulton LLC, has assigned its interest in the contract to Putnam Jefferson
LLC. The principals of 2077A Fulton LLC and Putnam Jefferson LLC are the same. Pinchas
Halperin and Shmuel Weider are the members of both LLC's. Copies of the assignment, and
operating agreements for both entities are Attached hereto is Exhibit 19.
22. The property value of the premises pursuant to the New York City Department of
Finance for January 5, 2019 in excess of Six Hundred and Ninety Two Thousand
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($692,000.00) dollars. Notice of Property Value annexed hereto as Exhibit 20. The appraised
value of the Petitioner's asset is one million one hundred fifty Thousand dollars,
($1,150,000.00). A copy of the appraisal is attached as Exhibit 21. There are no mortgages or
other liabilities secured by the Premises, except as indicated herein.
23. That the comparables with respect to the subject property 715 Jefferson Avenue,
Brooklyn, New York 11221, formerly known as and by 215 Malcolm X Boulevard, a/k/a 717
Jefferson Avenue Brooklyn, New York 11221, Block 1652 Lot 1 are as follows:
Comparable 1: 517 Nostrand Avenue, Brooklyn, New York 11216
Value $1,190,000.00, see appraisal.
Comparable 2: 210 Nostrand Avenue, Brooklyn, New York 11205
Value, $1,300,000.00 see appraisal.
Comparable 3: 454 Lafayette Avenue, Brooklyn, New York 11205
Value, $525,000.00 see appraisal.
Comparable 4: 1189 Fulton Street, Brooklyn, New York 11216
Value, $1,400,000.00 see appraisal.
Comparable 5: 147 Stanhope Street, Brooklyn, New York 11221
Value, $1,200,000.00 see appraisal.
Comparable 6: 98 Quincy Street, Brooklyn, New York 11238
Value, $1,250,000.00 see appraisal.
24. The fair market value of the Church's property is approximately $1,150,000.00 as
per the appraisal attached hereto as Exhibit 21.
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25. The appraised value of the property is fifty thousand dollars higher than the
contract price. The present offer is the best offer that has been received.
26. The treasurer's certification and a statement of the Petitioner's assets and liabilities
and profit and loss statement are attached as Exhibit 22.
27. The Petitioner Church has occupied the Premises since they acquired title. The
Premises consists of two apartments, a commercial space and a basement. The first floor of the
Premises was used by the Petitioner as its sanctuary/place of worship. The basement of the
Premises was used for recreation and banquets. The two apartments were used as the pastor's
office and the care takers space.
28. On or about April 10, 2017 the the Petitioner began receiving violation notices
from the city of New York indicating that the space in the premises that the Church was using for
its place of worship had been illegally converted to a house of worship from its legal use. The
Certificate of Occupancy reflects that the premises are a legal seven family building with a store.
A copy of the Certificate of Occupancy is annexed hereto as Exhibit 23. The first floor as per the
Certificate of Occupancy has a permissible use of a store and one residential unit. The cellar of
the premises was to be used for storage. The Petitioner had been using the entire first floor and
the cellar as its place of worship. The City of New York issued a vacate order for the premises
and the Petitioner was forced to stop worshipping at their Church home. A copy of the Vacate
Order is attached hereto as Exhibit 24. In addition to the vacate order the Petitioner was issued
numerous violations and fines. The Petitioner was not aware that the premises were required to
be occupied as a store.
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29. The City of New York directed Petitioner to return the property to its legal
occupancy. The Petitioner does not have the means to return the premises to its legal occupancy.
The Petitioner does not have the resources to return the premises to its legal occupancy of a
seven family with a store. Nor would returning the premises to its legal occupancy suit the
Petitioner. The Petitioner would not be able to worship in a store. The petitioner was advised
that they would need to have New York City Department of Buildings legalize the premises for
use of a church. The Petitioner would have to have hire an architect, get plans drafted, hire a
contractor to do the work and get permits in order to seek to have the property's Certificate of
Occupancy changed. The Petitioner would also have to pay off the monetary fines, which are
owed for the existing violations on the property. The Petitioner does not have sufficient financial
resources to do the work that is required to change to Certificate of Occupancy. Further the
building's Certificate of Occupancy is for a seven family and a store, being in a four story
building. Presently the building only has two stories, the commercial space and two residential
apartments.
30. The Petitioner has received several notices of violation from the Department of
Buildings in regard to occupying the building contrary to its legal occupancy. See a copy of the
Open Violations annexed hereto as Exhibit 25.
31. There are no open mortgages on the property. However there are open ECB's and
DOB Boiler violations against the building. There are nine open boiler violations with fines due
and owing in the amount of six thousand dollars, ($6,000.00); fourteen open ECB violations with
fines due and owing in the amount of seventy thousand one hundred and twenty five dollars and
thirty cents ($70,125.30); and there is one violation for failure to certify a correction which
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carries a fine of fifteen hundred dollars ($1,500.00). The total outstanding amount due for the
violations is approximately seventy seven thousand dollars ($77,000.00). The ECB violations
came about as a result of our use and occupancy of the the lower level of the premises as a
church. The Petitioner has already paid fines in excess of fifteen thousand dollars ($15,000.00)
to the City of New York for violations stemming from occupying the premises contrary to the
Certificate of Occupancy.
32. The attendance of the members and the membership of the Petitioner Church have
declined in the recent years. With a smaller membership there has been a significant decrease of
the amount of the tithes, offerings and donations that the Petitioner is receiving.
33. The consideration received, the terms of the contract are fair and reasonable to the
Petitioner Church. The terms of the contract are fair and reasonable in that the contract is an all
cash transaction. The purchaser is taking the property in its as-is condition. The Property is being
sold for $1,200,000.00. The appraised value of the property is $1,150,000.00 see the appraisal
annexed hereto as Exhibit 21. The purchase price is $50,000.00 more than the appraised value. It
is the highest offer received by the Petitioner after having the property on the market for almost a
year. There were several individuals who appeared to be interested in purchasing the property.
However the offer from the Purchaser, 2077A Fulton LLC, is the highest offer that was received
by the Petitioner.
34. The compensation received will allow the Petitioner to pay off the outstanding
fines and penalties owed to NYC for violations against the building, and to pay our closing costs
The remaining balance will be deposited to the Petitioner's account. After the payment of our
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debts will be able to move to our new church home. The purposes of the Petitioner, Church and
the interests of its members will be promoted by the sale.
35. In the recent years membership of the Church has decreased. The Petitioner has
continued to bear the carrying charges associated with the ownership of the building even though
we have not been able to occupy the property and use it as our place of worship for over three
years. The Petitioner is bearing the cost of the maintenance and upkeep of the premises due and
associated with the ownership of the premises which the Petitioner is unable to use. It would
benefit that Petitioner not to own and have to maintain the building. It would benefit the
Petitioner to occupy a smaller space as the Petitioner has now has fewer members.
36. The consideration received will be used as follows; Capital Abstract Title
Charges $131,991.06 (including violation/fines in the amount of $80,000.00, open water sewer
$1,142.22, real estate taxes $14,173.84 through 6/30/2023, NYS & NYC transfer taxes
$36,300.00 and title charges $375.00); Attorney's Fee
Preview
FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________________________________________________________________________Ç In the Matter of the Application of GLORIOUS CHURCH OF GOD IN CHRIST INC. VERIFIED PETITION Petitioner ANew York Religious Corporation FOR LEAVE TO SELL CERTAIN REAL PROPERTY Situate at 715 Jefferson Avenue, Brooklyn, New York 11221, formerly known as and by 215 Malcolm X Boulevard, Brooklyn, New York 11221 a/k/a 717 Jefferson Avenue, Brooklyn, New York Block 1652 Lot 1 Borough of Brooklyn, Kings County City and State of New York ____________________________________________________________________________________Ç The petition of Glorious Church of God in Christ Inc., by its attorney, LAFLEUR ALICIA DAVID ESQ., shows that: 1. The name of the corporation is Glorious Church of God in Christ Inc.. The corporation was incorporated pursuant to Section 8 of the Religious Corporation Law. The Certificate of Incorporation annexed hereto as Exhibit 1. 2. The following names are all of the trustees, and principal officers, their place of residences and the office that they hold in the corporation: Winfield Ballance 670 Jefferson Avenue, Brooklyn, NY 11221 Deacon/Treasurer/Trustee Bishop David Lindsay 883 Hancock Street, Brooklyn, NY 11221 Pastor Nancy Ballance 670 Jefferson Avenue, Brooklyn, NY 11221 Trustee Claricia Felder 2033 Strauss Street, Brooklyn, New York 11212 Trustee Rodney Ballance 5726 Courtney Drive, Lothian, MD 20711 Trustee 1 of 14 FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 3. The certificate of incorporation dated April 1, 1956, contained an error in that the certificate of incorporation lists the name of the church as "The Glorious Church of God in Christ Jesus". 4. Upon information and belief the Church has never been known as the The Glorious Church of God in Christ Jesus. 5. Attached find the affidavit of Imogene Brydie the oldest member of the East Coast branches of the Glorious Church of God In Christ Inc. Exhibit 2. 6. According to Mrs. Brydie the Petitioner Church is part of a larger organization of churches with the individual churches being governed by their own board of trustees. To her knowledge none of the churches have ever used the name Glorious Church of God in Christ Jesus. 7. On or about July 5, 1997, the Board of Trustees of the Petitioner held a meeting. There was a vote to amend the name of the church to the Glorious Church of God in Christ Inc. The vote in favor was unanimous. A copy of the Minutes from the meeting is attached hereto as Exhibit 3. 8. On July 9, 1997, the Church contacted their attorney Duane C. Felton, to engage his services to amend the name of the Church. A copy the letter to attorney Felton is attached hereto as Exhibit 4. 9. The amendment to the to the certificate of incorporation was filed on September 9, 1997, a copy of which is attached hereto as Exhibit 5. 10. A copy of the constitution and bylaws of GLORIOUS CHURCH OF GOD IN CHRIST INC. is annexed as Exhibit 6. 2 of 14 FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 11. The Petitioner had its house of worship and maintains a principal office at 215 Malcolm X Boulevard, a/k/a 715/717 Jefferson Avenue Brooklyn, New York 11221, a/k/a 215 Jefferson Avenue, Brooklyn, New York 11221, formerly known as and by 215 Reid Avenue, Brooklyn, New York. In 1985 Reid Avenue was renamed Malcolm X Boulevard. The property is on a corner lot and is located at the intersection of Malcom X Boulevard and Jefferson Avenue. There is a street address for Jefferson Avenue and Malcolm X Boulevard even though there is only one lot. The Cover letter from Capital Abstract provides a list of different names of the property. See Exhibit 7. 12. The Petitioner is the owner of certain real properties located in Kings County, State of New York known as 715 Jefferson Avenue, Brooklyn, New York 11221, formerly known as and by 215 Malcolm X Boulevard, Brooklyn, New York 11221 a/k/a 717 Jefferson Avenue, Brooklyn, New York 11221, Section 6, Block 1652, Lot 1 on the tax maps (the "Premises"). 13. The history of the property has caused some confusion in that there are a number of transfers of title some of which are out of sequence. The City of New York sold to the Petitioner from the City of New York, on March 17, 1976, the deed appears to have been lost/ misplaced. The replacement deed was recorded on October 16, 1982. A copy of the deed is attached hereto as Exhibit 8. The Petitioner does not have any of the records from the purchase of the property from the City of New York. I contacted the City of New York and requested that they provide any documents from the sale of the property to the Petitioner, in order to establish what entity documents if any that were used in regard to the purchase of the property. In response to my query The City of New York Law Department advised that they were unable to locate any records. A copy of the FOIL response is attached hereto as Exhibit "9". 3 of 14 FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 14. There were some transfers of title that were done without the consent of the New York State Attorney General and or the Supreme Court of the state of New York. (It should be noted that the transfers were made to individuals who were affiliated with the Petitioner Church. See the affidavit of Pastor Eva Ballance attached hereto as Exhibit 14 referenced below.) 15. On August 18, 1982, The Glorious Church of God In Christ, Jesus Inc. conveyed title to three individuals, Melvin Moncrief, Hester Moncrief and Alpha Mae Smith. See Exhibit "10". 16. On December 20, 1985 Alpha Mae Smith conveyed a deed to Melvin Moncrief conveying her purported interest in the property to Melvin Moncrief. See Exhibit 11. On December 20, 1985 Melvin Moncrief signed a deed conveying his purported interests in the property to the Glorious Church of God In Christ, Jesus, Inc. See Exhibit 12. On April 16, 2019, a deed was signed purporting to transfer tile form the Glorious Church of God in Christ Jesus Inc., to the Petitioner. See Exhibit 13 attached hereto. 17. In order for Capital Abstract to agree to insure title to the premises I provided the following documents to them for their review: My affirmation dated February 19, 2022, attached hereto as Exhibit 14; the affidavit of Imogene Brydie, see Exhibit 2; the affidavit of Pastor Eva Ballance dated February 16, 2021 attached hereto as Exhibit 15; the FOIL request York' from The City of New Law Department, attached hereto as Exhibit 9; as well as to the searches for Hester Moncrief, Melvin Moncrief and Alpha Mae Smith, cumulatively attached hereto as Exhibit 16. After reviewing the aforementioned documents and having numerous 4 of 14 FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 conversations Joseph Berger, Esq.,-CEO of Capital Abstract Co. agreed to insure the file through Fidelity. See Exhibit 17, the title report dated February 23, 2022. 18. The activities of the corporation are conducting religious services and all functions incidental thereto. The purpose for which the corporation was formed is to minister the word of the bible to its members, and the community. Its purpose is also to conduct missionary work within the community including religious education and ministering to the poor and needy. 19. The Premises were the Petitioner's house of worship. 20. The Petitioner corporation proposes to sell the premises located at 715 Jefferson Avenue, Brooklyn, New York 11221, formerly known as and by 215 Malcolm X Boulevard, Brooklyn, New York 11221 a/k/a 717 Jefferson Avenue, Brooklyn, New York 11221 Block 1652 Lot 1, for the sum of $1,200,000.00 all cash, to 2077A Fulton LLC. The proposed sale has been discussed with all the officers and members of Glorious Church OF GOD IN CHRIST INC. and the agreed terms were fair and reasonable. The parties entered into a contract of sale for the sale of the property. It is an all cash transaction. A copy of the contract of sale, dated January 16, 2018 is attached hereto as Exhibit 18. 21. 2077A Fulton LLC, has assigned its interest in the contract to Putnam Jefferson LLC. The principals of 2077A Fulton LLC and Putnam Jefferson LLC are the same. Pinchas Halperin and Shmuel Weider are the members of both LLC's. Copies of the assignment, and operating agreements for both entities are Attached hereto is Exhibit 19. 22. The property value of the premises pursuant to the New York City Department of Finance for January 5, 2019 in excess of Six Hundred and Ninety Two Thousand 5 of 14 FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 ($692,000.00) dollars. Notice of Property Value annexed hereto as Exhibit 20. The appraised value of the Petitioner's asset is one million one hundred fifty Thousand dollars, ($1,150,000.00). A copy of the appraisal is attached as Exhibit 21. There are no mortgages or other liabilities secured by the Premises, except as indicated herein. 23. That the comparables with respect to the subject property 715 Jefferson Avenue, Brooklyn, New York 11221, formerly known as and by 215 Malcolm X Boulevard, a/k/a 717 Jefferson Avenue Brooklyn, New York 11221, Block 1652 Lot 1 are as follows: Comparable 1: 517 Nostrand Avenue, Brooklyn, New York 11216 Value $1,190,000.00, see appraisal. Comparable 2: 210 Nostrand Avenue, Brooklyn, New York 11205 Value, $1,300,000.00 see appraisal. Comparable 3: 454 Lafayette Avenue, Brooklyn, New York 11205 Value, $525,000.00 see appraisal. Comparable 4: 1189 Fulton Street, Brooklyn, New York 11216 Value, $1,400,000.00 see appraisal. Comparable 5: 147 Stanhope Street, Brooklyn, New York 11221 Value, $1,200,000.00 see appraisal. Comparable 6: 98 Quincy Street, Brooklyn, New York 11238 Value, $1,250,000.00 see appraisal. 24. The fair market value of the Church's property is approximately $1,150,000.00 as per the appraisal attached hereto as Exhibit 21. 6 of 14 FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 25. The appraised value of the property is fifty thousand dollars higher than the contract price. The present offer is the best offer that has been received. 26. The treasurer's certification and a statement of the Petitioner's assets and liabilities and profit and loss statement are attached as Exhibit 22. 27. The Petitioner Church has occupied the Premises since they acquired title. The Premises consists of two apartments, a commercial space and a basement. The first floor of the Premises was used by the Petitioner as its sanctuary/place of worship. The basement of the Premises was used for recreation and banquets. The two apartments were used as the pastor's office and the care takers space. 28. On or about April 10, 2017 the the Petitioner began receiving violation notices from the city of New York indicating that the space in the premises that the Church was using for its place of worship had been illegally converted to a house of worship from its legal use. The Certificate of Occupancy reflects that the premises are a legal seven family building with a store. A copy of the Certificate of Occupancy is annexed hereto as Exhibit 23. The first floor as per the Certificate of Occupancy has a permissible use of a store and one residential unit. The cellar of the premises was to be used for storage. The Petitioner had been using the entire first floor and the cellar as its place of worship. The City of New York issued a vacate order for the premises and the Petitioner was forced to stop worshipping at their Church home. A copy of the Vacate Order is attached hereto as Exhibit 24. In addition to the vacate order the Petitioner was issued numerous violations and fines. The Petitioner was not aware that the premises were required to be occupied as a store. 7 of 14 FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 29. The City of New York directed Petitioner to return the property to its legal occupancy. The Petitioner does not have the means to return the premises to its legal occupancy. The Petitioner does not have the resources to return the premises to its legal occupancy of a seven family with a store. Nor would returning the premises to its legal occupancy suit the Petitioner. The Petitioner would not be able to worship in a store. The petitioner was advised that they would need to have New York City Department of Buildings legalize the premises for use of a church. The Petitioner would have to have hire an architect, get plans drafted, hire a contractor to do the work and get permits in order to seek to have the property's Certificate of Occupancy changed. The Petitioner would also have to pay off the monetary fines, which are owed for the existing violations on the property. The Petitioner does not have sufficient financial resources to do the work that is required to change to Certificate of Occupancy. Further the building's Certificate of Occupancy is for a seven family and a store, being in a four story building. Presently the building only has two stories, the commercial space and two residential apartments. 30. The Petitioner has received several notices of violation from the Department of Buildings in regard to occupying the building contrary to its legal occupancy. See a copy of the Open Violations annexed hereto as Exhibit 25. 31. There are no open mortgages on the property. However there are open ECB's and DOB Boiler violations against the building. There are nine open boiler violations with fines due and owing in the amount of six thousand dollars, ($6,000.00); fourteen open ECB violations with fines due and owing in the amount of seventy thousand one hundred and twenty five dollars and thirty cents ($70,125.30); and there is one violation for failure to certify a correction which 8 of 14 FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 carries a fine of fifteen hundred dollars ($1,500.00). The total outstanding amount due for the violations is approximately seventy seven thousand dollars ($77,000.00). The ECB violations came about as a result of our use and occupancy of the the lower level of the premises as a church. The Petitioner has already paid fines in excess of fifteen thousand dollars ($15,000.00) to the City of New York for violations stemming from occupying the premises contrary to the Certificate of Occupancy. 32. The attendance of the members and the membership of the Petitioner Church have declined in the recent years. With a smaller membership there has been a significant decrease of the amount of the tithes, offerings and donations that the Petitioner is receiving. 33. The consideration received, the terms of the contract are fair and reasonable to the Petitioner Church. The terms of the contract are fair and reasonable in that the contract is an all cash transaction. The purchaser is taking the property in its as-is condition. The Property is being sold for $1,200,000.00. The appraised value of the property is $1,150,000.00 see the appraisal annexed hereto as Exhibit 21. The purchase price is $50,000.00 more than the appraised value. It is the highest offer received by the Petitioner after having the property on the market for almost a year. There were several individuals who appeared to be interested in purchasing the property. However the offer from the Purchaser, 2077A Fulton LLC, is the highest offer that was received by the Petitioner. 34. The compensation received will allow the Petitioner to pay off the outstanding fines and penalties owed to NYC for violations against the building, and to pay our closing costs The remaining balance will be deposited to the Petitioner's account. After the payment of our 9 of 14 FILED: KINGS COUNTY CLERK 04/20/2024 05:17 PM INDEX NO. 511347/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/20/2024 debts will be able to move to our new church home. The purposes of the Petitioner, Church and the interests of its members will be promoted by the sale. 35. In the recent years membership of the Church has decreased. The Petitioner has continued to bear the carrying charges associated with the ownership of the building even though we have not been able to occupy the property and use it as our place of worship for over three years. The Petitioner is bearing the cost of the maintenance and upkeep of the premises due and associated with the ownership of the premises which the Petitioner is unable to use. It would benefit that Petitioner not to own and have to maintain the building. It would benefit the Petitioner to occupy a smaller space as the Petitioner has now has fewer members. 36. The consideration received will be used as follows; Capital Abstract Title Charges $131,991.06 (including violation/fines in the amount of $80,000.00, open water sewer $1,142.22, real estate taxes $14,173.84 through 6/30/2023, NYS & NYC transfer taxes $36,300.00 and title charges $375.00); Attorney's Fee