Preview
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
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TOWN OF PAWLING,
Plaintiff, Index No.
-against-
AFFIRMATION
TREMSON WOOD PRODUCTS LLC,
Defendant.
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BRENDAN LIBERATI, an attorney duly admitted to practice law before the Courts of
the State of New York, affirms the following under penalty of perjury:
1. I am an Associate Attorney with the law firm Hogan, Rossi & Liguori, attorneys
for the Plaintiff Town of Pawling (“Plaintiff” or “Town”).
2. I submit this affirmation in support of the Town’s application for an Order
pursuant to CPLR §§ 6311 and 6313, granting a temporary restraining order and a preliminary
injunction enjoining the Defendant Tremson Wood Products LLC (“Defendant”) from
conducting a tree contracting business and mulch retail business at the premises, located at 84
Libby Lane, Pawling, New York 12564, shown as Tax Map Section 7057, Block 00, and Lot
190695 on the Tax Map of the Town of Pawling (“Premises”), which includes the grinding of
trees and stumps into mulch, and from leasing portions of the Premises to multiple tenants for
other commercial operations, until such time as the Defendant or its successor may apply for and
be granted site plan approval by the Town of Pawling Planning Board (“Planning Board”) for the
Premises.
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3. According to public records, the Defendant owns the Premises, which the
Defendant purchased from Ralph Bierce, Inc. via a Bargain and Sale Deed with Covenants
(“Deed”) in 2013. See the annexed Plaintiff’s Exhibit “1” for a copy of the Deed.
4. The Premises are in the Town of Pawling’s Variable Residential Development
District (“VRD District). For the Schedule of Permitted Uses within the VRD District, see the
annexed Plaintiff’s Exhibit “2”.
5. As set forth in the complaint, and as reiterated in the affidavit of the Town’s
Deputy Building Inspector, Kenneth Clair, Jr., no permitted or accessory non-residential use is
permitted without first obtaining site plan approval from the Town Planning Board. See, e.g.,
CODE OF THE TOWN OF PAWLING § 215-15 and § 215-47(A), which are reproduced within
Plaintiff’s Exhibit “27”.
6. Upon information and belief, the Premises are currently being used to conduct a
tree contracting business and mulch retail business, which includes the grinding of trees and
stumps into mulch. The Defendant has never obtained site plan approval from the Planning
Board to utilize the Premises as a tree contracting business and a mulch retail business, nor has
site plan approval been granted for the various tenant commercial uses on the Premises. As such,
the Defendant is in violation of the Code of the Town of Pawling § 215-15 and § 215-47(A). See
the Complaint; Affidavit of Kenneth Clair, Jr.; memo of Kenneth Clair, Jr. together with
photographs taken on March 26th, 2024, which is reproduced as Plaintiff’s Exhibit “23”;
Affidavit of Steven Parrino; and photographs taken by Mr. Parrino, which are reproduced as
Plaintiff’s Exhibit “22”.
7. Moreover, all uses on the site have been greatly expanded since the Defendant
purchased the Premises in 2013. Compare Plaintiff’s Exhibit “28” and Plaintiff’s Exhibit “29”
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to see the expansions of the uses on the Premises between 2013 and 2021. These expansions
violate CODE OF THE TOWN OF PAWLING § 215-33(A)(1), which is reproduced at Plaintiff’s
Exhibit “30”, as pre-existing, non-conforming uses cannot be expanded, enlarged, or occupy a
greater area of land under this code provision. See also the Affidavit of Kenneth Clair, Jr.
8. Additionally, there is a berm of logs and tree waste approximately fifteen (15) to
twenty (20) feet high, as well as garbage and debris, including, without limitation, wood pieces,
landscaping equipment, garbage, steel poles, and concrete bins, within the controlled area of a
freshwater wetland. Pursuant to CODE OF THE TOWN OF PAWLING § 111-4, a wetland permit must
be obtained prior to the commencement of any regulated activity including “(3) [c]onduct any
form of dumping, filling or deposition of material, either directly or indirectly”. The Defendant
has not obtained a Wetland Permit. Thus, the Defendant is in violation of CODE OF THE TOWN OF
PAWLING § 111-4, a copy of which is reproduced within Plaintiff’s Exhibit “27”. See also
Affidavit of Kenneth Clair, Jr., Walter Artus, and JoAnne Daley.
9. Furthermore, there are multiple commercial trailers on the Premises, one of which
may even have been used as an office, as there is a sliding door. CODE OF THE TOWN OF PAWLING
§ 215-13 prohibits the parking or storing of commercial trailers except for necessary construction
projects with a special permit. Because no special permit has been applied for or received by the
Defendants and, upon information and belief, the commercial trailers have been on site for longer
than seven (7) days, the Defendant is in violation of CODE OF THE TOWN OF PAWLING § 215-13, a
copy of which is reproduced within Plaintiff’s Exhibit “27”. See also Affidavit of Kenneth Clair,
Jr., Ronald J. Gainer, P.E., Walter Artus, and JoAnne Daley.
10. Accordingly, the Deputy Building Inspector issued a Notice of Violation on April
10th, 2024 to the Defendant seeking that corrective measures be taken to remedy the violations of
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CODE OF THE TOWN OF PAWLING § 215-47 (Operating without Site Plan approval), § 215-13
(Non-permitted use of storage), § 111-6 (Failure to comply with Stop Work Order), and § 111-4
(Wetland permit must be obtained). For a copy of the Notice of Violation served on the
Defendant, see the annexed Plaintiff’s Exhibit “25”.
11. The Deputy Building Inspector additionally issued a Stop Work Order to the
Defendant for Operating without a site plan in violation of CODE OF THE TOWN OF PAWLING §
215-13, § 215-15, § 215-35, § 215-47, § 111-4, and § 111-6. It states that “no work shall continue
on [the Premises] until that time when approvals have been given to continue work”. The
effective date of the Stop Work Order is April 10th, 2024. For a copy of the Stop Work Order,
please see the annexed Plaintiff’s Exhibit “26”. For copies of the Pawling Town Code Sections
referenced above, please see the annexed Plaintiff’s Exhibit “27”.
12. In the interim, the Premises continue to be used as a tree contracting business and
mulch retail business, and the tenants of the Defendant continue to operate various commercial
uses without restrictions.
13. When a municipality applies for preliminary injunctive relief, it is not required to
satisfy the traditional three-prong test required of other litigants. Instead, it must simply make a
prima facie showing that the defendants are violating its zoning ordinance. See Memorandum of
Law in Support of Plaintiff’s Application for a Temporary Restraining Order and Preliminary
Injunction.
14. Here, there is no question that, based on the affidavits of Kenneth Clair, Jr. and
Steven Parrino, as well as Kenneth Clair, Jr.’s Memo (Plaintiff’s Exhibit “23”) and photographs
provided by Mr. Parrino (Plaintiff’s Exhibit “22”), the Defendant has used the Premises as a tree
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contracting business and mulch retail business, which includes the grinding of trees and stumps
into mulch, and that said use has never been approved by the Planning Board.
15. In addition to the Defendant’s use of the Premises not having been approved by the
Planning Board, the Planning Board has also not approved the various commercial operations
conducted on the Premises by the Defendant’s tenants. See Kenneth Clair, Jr.’s affidavits.
16. Furthermore, when comparing the aerial photographs from Dutchess County
Parcel Access of the Premises in 2013 versus 2021 (see Plaintiff’s Exhibit “28” and Plaintiff’s
Exhibit “29”), it is extremely clear that all uses on the Premises have drastically expanded since
the Defendant purchased the Premises in 2013, in violation of CODE OF THE TOWN OF PAWLING §
215-33. See Affidavits of Kenneth Clair, Jr. and Steven Parrino.
17. Furthermore, a berm of logs and tree waste approximately fifteen (15) to twenty
(20) feet high, was placed within the controlled area of a freshwater wetland, in addition to
garbage and debris, including, without limitation, wood pieces, landscaping equipment, garbage,
steel poles, and concrete. This was done in violation of CODE OF THE TOWN OF PAWLING § 111-
4(A), which is reproduced within Plaintiff’s Exhibit “27”, and requires a wetland permit (which
the Defendant has not obtained) prior to “(3) [c]onduct[ing] any form of dumping, filling or
deposition of material, either directly or indirectly”. This failure of the Defendant to comply with
the wetland permitting process places the surrounding wetlands at risk by the illegal activities
being conducted. See Affidavits of Kenneth Clair, Jr., Walter Artus, and JoAnne Daley.
18. Additionally, multiple commercial trailers are located on the Premises, including
one which may be used as an office by the Defendant, in violation of CODE OF THE TOWN OF
PAWLING § 215-13 (reproduced within Plaintiff’s Exhibit “27”), as a special permit is required
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for commercial trailers. See Affidavits of Kenneth Clair, Jr., Ronald J. Gainer, P.E., Walter Artus,
and JoAnne Daley.
19. Additionally, as set forth in the affidavit of Ronald Gainer, P.E., submitted
herewith, the intersection between Corbin Lane and NYS Route 22, which the Defendant and its
tenants use for access to the Premises, is a dangerous intersection that is not conducive to truck
traffic (see Plaintiff’s Exhibit “21”). Trucks owned by the Defendant continue to still make these
ill-advised turns, despite statements from the Defendant that they do not make these dangerous
turns. See James McCarthy affidavit.
20. Finally, the doctrines of estoppel and laches do not prevent the Town from
correcting the Defendant and its tenants’ violations. See Memorandum of Law in Support of
Plaintiff’s Application for a Temporary Restraining Order and Preliminary Injunction.
21. For the foregoing reasons, equitable relief should be granted in favor of the
Plaintiff and against the Defendant.
22. No prior requests have been made to this Court or any other court for the relief
sought herein.
WHEREFORE, it is respectfully requested that this Honorable Court grant a temporary
restraining order and preliminary injunction:
a. Granting a permanent injunction enjoining the Defendant from utilizing the
Premises as a tree contracting business and mulch retail business, and from leasing
portions of the Premises to other commercial tenants, until site plan approval is
obtained from the Town’s Planning Board, and any and all other permits, licenses,
and approvals required by law, rule, or regulation for such activities by any other
governmental board, department, or agency having jurisdiction over the Premises.
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b. Granting a permanent injunction requiring the Defendant to remove the berms,
logs, tree waste, garbage, debris, steel poles, and concrete bins that are found
within the controlled area of a freshwater wetland.
c. Granting a permanent injunction requiring that the Defendant and its tenants cease
the use of the areas that have been expanded (to the areas of the Premises shown
on the 2013 aerial or, at a minimum, to the areas shown and designated on the
aerial photograph presented with the 2014 site plan application), and to restore the
Premises to a suitable condition.
d. Granting a permanent injunction requiring the Defendant to remove all commercial
trailers found on the Premises, unless and until such time as a special permit has
been applied for and received by the Defendant.
e. Ordering the Defendant to pay monetary relief to the Town for violations of CODE
OF THE TOWN OF PAWLING § 11-15, § 111-9, and § 215-58 in the amount of
$45,300.00, plus $1,350.00 per day and $700.00 per week after the filing of these
papers, plus interest, attorney’s fees, costs. and disbursements.
f. Granting such other and further relief as the Court may deem just, proper, and
equitable.
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Dated: Brewster, New York
13th
May 2024
BRENDAN
LIBERATI
Hogan, Rossi & Liguori
3 Starr Ridge Road, Suite 200
Brewster, NewYork 10509
Tel: (845) 279-2986
Email: bliberati@hrilawyers.com
Attorneys for Plaintiff
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with the word of 22 New
hereby certify that the word count of this Complaint complies
I
limits
York Codes, Rules and Regulations § 202.8-b. According to the word-processing system used to
prepare this affirmation, the total word count for all printed text exclusive of the caption, title, and
signature block is 1,896 words.
Brendan Liberati
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Preview
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS -------------------------------------------------------------------x TOWN OF PAWLING, Plaintiff, Index No. -against- AFFIRMATION TREMSON WOOD PRODUCTS LLC, Defendant. -------------------------------------------------------------------x BRENDAN LIBERATI, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following under penalty of perjury: 1. I am an Associate Attorney with the law firm Hogan, Rossi & Liguori, attorneys for the Plaintiff Town of Pawling (“Plaintiff” or “Town”). 2. I submit this affirmation in support of the Town’s application for an Order pursuant to CPLR §§ 6311 and 6313, granting a temporary restraining order and a preliminary injunction enjoining the Defendant Tremson Wood Products LLC (“Defendant”) from conducting a tree contracting business and mulch retail business at the premises, located at 84 Libby Lane, Pawling, New York 12564, shown as Tax Map Section 7057, Block 00, and Lot 190695 on the Tax Map of the Town of Pawling (“Premises”), which includes the grinding of trees and stumps into mulch, and from leasing portions of the Premises to multiple tenants for other commercial operations, until such time as the Defendant or its successor may apply for and be granted site plan approval by the Town of Pawling Planning Board (“Planning Board”) for the Premises. 1 1 of 9 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 3. According to public records, the Defendant owns the Premises, which the Defendant purchased from Ralph Bierce, Inc. via a Bargain and Sale Deed with Covenants (“Deed”) in 2013. See the annexed Plaintiff’s Exhibit “1” for a copy of the Deed. 4. The Premises are in the Town of Pawling’s Variable Residential Development District (“VRD District). For the Schedule of Permitted Uses within the VRD District, see the annexed Plaintiff’s Exhibit “2”. 5. As set forth in the complaint, and as reiterated in the affidavit of the Town’s Deputy Building Inspector, Kenneth Clair, Jr., no permitted or accessory non-residential use is permitted without first obtaining site plan approval from the Town Planning Board. See, e.g., CODE OF THE TOWN OF PAWLING § 215-15 and § 215-47(A), which are reproduced within Plaintiff’s Exhibit “27”. 6. Upon information and belief, the Premises are currently being used to conduct a tree contracting business and mulch retail business, which includes the grinding of trees and stumps into mulch. The Defendant has never obtained site plan approval from the Planning Board to utilize the Premises as a tree contracting business and a mulch retail business, nor has site plan approval been granted for the various tenant commercial uses on the Premises. As such, the Defendant is in violation of the Code of the Town of Pawling § 215-15 and § 215-47(A). See the Complaint; Affidavit of Kenneth Clair, Jr.; memo of Kenneth Clair, Jr. together with photographs taken on March 26th, 2024, which is reproduced as Plaintiff’s Exhibit “23”; Affidavit of Steven Parrino; and photographs taken by Mr. Parrino, which are reproduced as Plaintiff’s Exhibit “22”. 7. Moreover, all uses on the site have been greatly expanded since the Defendant purchased the Premises in 2013. Compare Plaintiff’s Exhibit “28” and Plaintiff’s Exhibit “29” 2 2 of 9 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 to see the expansions of the uses on the Premises between 2013 and 2021. These expansions violate CODE OF THE TOWN OF PAWLING § 215-33(A)(1), which is reproduced at Plaintiff’s Exhibit “30”, as pre-existing, non-conforming uses cannot be expanded, enlarged, or occupy a greater area of land under this code provision. See also the Affidavit of Kenneth Clair, Jr. 8. Additionally, there is a berm of logs and tree waste approximately fifteen (15) to twenty (20) feet high, as well as garbage and debris, including, without limitation, wood pieces, landscaping equipment, garbage, steel poles, and concrete bins, within the controlled area of a freshwater wetland. Pursuant to CODE OF THE TOWN OF PAWLING § 111-4, a wetland permit must be obtained prior to the commencement of any regulated activity including “(3) [c]onduct any form of dumping, filling or deposition of material, either directly or indirectly”. The Defendant has not obtained a Wetland Permit. Thus, the Defendant is in violation of CODE OF THE TOWN OF PAWLING § 111-4, a copy of which is reproduced within Plaintiff’s Exhibit “27”. See also Affidavit of Kenneth Clair, Jr., Walter Artus, and JoAnne Daley. 9. Furthermore, there are multiple commercial trailers on the Premises, one of which may even have been used as an office, as there is a sliding door. CODE OF THE TOWN OF PAWLING § 215-13 prohibits the parking or storing of commercial trailers except for necessary construction projects with a special permit. Because no special permit has been applied for or received by the Defendants and, upon information and belief, the commercial trailers have been on site for longer than seven (7) days, the Defendant is in violation of CODE OF THE TOWN OF PAWLING § 215-13, a copy of which is reproduced within Plaintiff’s Exhibit “27”. See also Affidavit of Kenneth Clair, Jr., Ronald J. Gainer, P.E., Walter Artus, and JoAnne Daley. 10. Accordingly, the Deputy Building Inspector issued a Notice of Violation on April 10th, 2024 to the Defendant seeking that corrective measures be taken to remedy the violations of 3 3 of 9 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 CODE OF THE TOWN OF PAWLING § 215-47 (Operating without Site Plan approval), § 215-13 (Non-permitted use of storage), § 111-6 (Failure to comply with Stop Work Order), and § 111-4 (Wetland permit must be obtained). For a copy of the Notice of Violation served on the Defendant, see the annexed Plaintiff’s Exhibit “25”. 11. The Deputy Building Inspector additionally issued a Stop Work Order to the Defendant for Operating without a site plan in violation of CODE OF THE TOWN OF PAWLING § 215-13, § 215-15, § 215-35, § 215-47, § 111-4, and § 111-6. It states that “no work shall continue on [the Premises] until that time when approvals have been given to continue work”. The effective date of the Stop Work Order is April 10th, 2024. For a copy of the Stop Work Order, please see the annexed Plaintiff’s Exhibit “26”. For copies of the Pawling Town Code Sections referenced above, please see the annexed Plaintiff’s Exhibit “27”. 12. In the interim, the Premises continue to be used as a tree contracting business and mulch retail business, and the tenants of the Defendant continue to operate various commercial uses without restrictions. 13. When a municipality applies for preliminary injunctive relief, it is not required to satisfy the traditional three-prong test required of other litigants. Instead, it must simply make a prima facie showing that the defendants are violating its zoning ordinance. See Memorandum of Law in Support of Plaintiff’s Application for a Temporary Restraining Order and Preliminary Injunction. 14. Here, there is no question that, based on the affidavits of Kenneth Clair, Jr. and Steven Parrino, as well as Kenneth Clair, Jr.’s Memo (Plaintiff’s Exhibit “23”) and photographs provided by Mr. Parrino (Plaintiff’s Exhibit “22”), the Defendant has used the Premises as a tree 4 4 of 9 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 contracting business and mulch retail business, which includes the grinding of trees and stumps into mulch, and that said use has never been approved by the Planning Board. 15. In addition to the Defendant’s use of the Premises not having been approved by the Planning Board, the Planning Board has also not approved the various commercial operations conducted on the Premises by the Defendant’s tenants. See Kenneth Clair, Jr.’s affidavits. 16. Furthermore, when comparing the aerial photographs from Dutchess County Parcel Access of the Premises in 2013 versus 2021 (see Plaintiff’s Exhibit “28” and Plaintiff’s Exhibit “29”), it is extremely clear that all uses on the Premises have drastically expanded since the Defendant purchased the Premises in 2013, in violation of CODE OF THE TOWN OF PAWLING § 215-33. See Affidavits of Kenneth Clair, Jr. and Steven Parrino. 17. Furthermore, a berm of logs and tree waste approximately fifteen (15) to twenty (20) feet high, was placed within the controlled area of a freshwater wetland, in addition to garbage and debris, including, without limitation, wood pieces, landscaping equipment, garbage, steel poles, and concrete. This was done in violation of CODE OF THE TOWN OF PAWLING § 111- 4(A), which is reproduced within Plaintiff’s Exhibit “27”, and requires a wetland permit (which the Defendant has not obtained) prior to “(3) [c]onduct[ing] any form of dumping, filling or deposition of material, either directly or indirectly”. This failure of the Defendant to comply with the wetland permitting process places the surrounding wetlands at risk by the illegal activities being conducted. See Affidavits of Kenneth Clair, Jr., Walter Artus, and JoAnne Daley. 18. Additionally, multiple commercial trailers are located on the Premises, including one which may be used as an office by the Defendant, in violation of CODE OF THE TOWN OF PAWLING § 215-13 (reproduced within Plaintiff’s Exhibit “27”), as a special permit is required 5 5 of 9 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 for commercial trailers. See Affidavits of Kenneth Clair, Jr., Ronald J. Gainer, P.E., Walter Artus, and JoAnne Daley. 19. Additionally, as set forth in the affidavit of Ronald Gainer, P.E., submitted herewith, the intersection between Corbin Lane and NYS Route 22, which the Defendant and its tenants use for access to the Premises, is a dangerous intersection that is not conducive to truck traffic (see Plaintiff’s Exhibit “21”). Trucks owned by the Defendant continue to still make these ill-advised turns, despite statements from the Defendant that they do not make these dangerous turns. See James McCarthy affidavit. 20. Finally, the doctrines of estoppel and laches do not prevent the Town from correcting the Defendant and its tenants’ violations. See Memorandum of Law in Support of Plaintiff’s Application for a Temporary Restraining Order and Preliminary Injunction. 21. For the foregoing reasons, equitable relief should be granted in favor of the Plaintiff and against the Defendant. 22. No prior requests have been made to this Court or any other court for the relief sought herein. WHEREFORE, it is respectfully requested that this Honorable Court grant a temporary restraining order and preliminary injunction: a. Granting a permanent injunction enjoining the Defendant from utilizing the Premises as a tree contracting business and mulch retail business, and from leasing portions of the Premises to other commercial tenants, until site plan approval is obtained from the Town’s Planning Board, and any and all other permits, licenses, and approvals required by law, rule, or regulation for such activities by any other governmental board, department, or agency having jurisdiction over the Premises. 6 6 of 9 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 b. Granting a permanent injunction requiring the Defendant to remove the berms, logs, tree waste, garbage, debris, steel poles, and concrete bins that are found within the controlled area of a freshwater wetland. c. Granting a permanent injunction requiring that the Defendant and its tenants cease the use of the areas that have been expanded (to the areas of the Premises shown on the 2013 aerial or, at a minimum, to the areas shown and designated on the aerial photograph presented with the 2014 site plan application), and to restore the Premises to a suitable condition. d. Granting a permanent injunction requiring the Defendant to remove all commercial trailers found on the Premises, unless and until such time as a special permit has been applied for and received by the Defendant. e. Ordering the Defendant to pay monetary relief to the Town for violations of CODE OF THE TOWN OF PAWLING § 11-15, § 111-9, and § 215-58 in the amount of $45,300.00, plus $1,350.00 per day and $700.00 per week after the filing of these papers, plus interest, attorney’s fees, costs. and disbursements. f. Granting such other and further relief as the Court may deem just, proper, and equitable. 7 7 of 9 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 Dated: Brewster, New York 13th May 2024 BRENDAN LIBERATI Hogan, Rossi & Liguori 3 Starr Ridge Road, Suite 200 Brewster, NewYork 10509 Tel: (845) 279-2986 Email: bliberati@hrilawyers.com Attorneys for Plaintiff 8 of 9 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/13/2024 with the word of 22 New hereby certify that the word count of this Complaint complies I limits York Codes, Rules and Regulations § 202.8-b. According to the word-processing system used to prepare this affirmation, the total word count for all printed text exclusive of the caption, title, and signature block is 1,896 words. Brendan Liberati 9 9 of 9