Motion-Secondary: Chpe Properties Inc v. Nybovia Llc

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                                SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND

 CHPE PROPERTIES, INC.,
                                                                        ORDER TO SHOW
                                   Petitioner,                          CAUSE

                          v.                                            Index No.
 NYBOVIA LLC,
                                                                        Judge Assigned:
                                   Respondent.


          Upon reading the Verified Petition, with exhibits, and with good cause being shown, it is
hereby:
          ORDERED, that Respondent NYBOVIA LLC show cause before this Court located at the
Rockland County Courthouse, 1 South Main Street, New City, NY 10956 on the 28th day of June,
2024 at 10:00 a.m. or as soon thereafter as counsel may be heard, why an Order should not be
entered granting Petitioner permission to file an acquisition map to acquire a temporary easement
over the Respondent’s property identified as Tax Map Parcel No. 26.60-1-15 and commonly
known as 57 North Route 9W, Haverstraw, New York 10927 (the “Property”) for the purpose of
constructing an underground electric transmission line pursuant to Section 402 of the Eminent
Domain Procedure Law; and it is further
          ORDERED, that considering the exigencies of the project, its construction schedule,
arrangements with the Department of Transportation for construction on and along US Route 9W,
and mobilization of contractors, Petitioner is granted an immediate right of entry onto the
Respondent’s Property for purposes of temporary occupancy during construction of an
underground electric transmission line pursuant to Sections 402(B)(6) and 404 of the Eminent
Domain Procedure Law; and
          ORDERED, that Petitioner shall be permitted to effectuate service on Respondent by
personal service on a member of the LLC authorized to accept such service and by mailing via
Certified Mail, Return Receipt Requested AND United States Postal Service Priority Mail with
tracking a copy of this Order to Show Cause and supporting papers to Respondent at:
NYBOVIA LLC
75A Lake Road, Unit 316
Congers, NY 10920

which is the last known address of record for the owners of the Property on the tax rolls for the
Village and Town of Haverstraw; and it is further.
       ORDERED, that Respondent shall serve any opposition papers by no later than the 24th
day of June, 2024; and it is further
       ORDERED, that Petitioner shall serve any reply papers no later than the 27th day of
June, 2024.
                                       SO ORDERED,


June __, 2024                          _____________________________________
                                       Hon.
                                       Justice of the Supreme Court




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