Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 03:17 PM INDEX NO. 610762/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFNASSAU
----------------------------------------------------------X
ANNET. DONNELLY,District Attorney for the SUMMONS
County of Nassau,
Plaintiff/Claiming Authority,
Index No.
- against -
FERNANDO
PARRAand ELKIN VILLALOBOS,
Defendant.
-----------------------------------------------------------Ç
TOTHEABOVE-NAMED
DEFENDANTS:
You are hereby summoned to answer the Complaint in this action, or if the Complaint is not
served with this Summons, to serve a notice of appearance on Plaintiff s Attorney, within twenty (20)
days from date of service of this summons, exclusive of the date of service, or within thirty (30) days
after service is completed if this summons is not personally delivered to you within the State of New
York.
Take notice that this action is brought pursuant to Article 13-A of the Civil Practice Law
and Rules. The relief sought is the forfeiture of a 2006 Hyundai Tucson bearing Vehicle
Identification Number KM8JN12D66U306032, as the instrumentality of a felony crime, plus costs
and disbursements of this action.
In case of your failure to appear, judgment will be taken against you by default for the
relief demanded in the complaint, without further notice to you.
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Venue in this action is based upon the pending criminal proceeding against the Defendant
FERNANDO
PARRAin Nassau County of the crime of Aggravated Driving while Intoxicated in
violation of Vehicle and Traffic Law 1192,
Dated: Mineola, NewYork
June 19, 2024
ANNET. DONNELLY
District Attorney
Plaintiff/Claiming Authority
By: Andrew R. Scott
Assistant District Attorney
Civil Forfeiture Bureau
Attorney for Plaintiff
262 Old Country Road
Mineola, NewYork 11501
(516) 571-3403
To: FERNANDO
PARRA
118 Sprucewood Dr.
Levittown, NewYork 11756
ELKIN VILLALOBOS
75 Merrick Avenue
East Meadow, New York 11554
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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFNASSAU
--------------------------------------------------------------X
ANNET. DONNELLY,District Attorney for the Index No.
County of Nassau,
Plaintiff/Claiming Authority
COMPLAINT
- against -
FERNANDO
PARRAand ELKIN VILLALOBOS,
Defendants.
------------------------------------------X
The Plaintiff/Claiming Authority, ANNET. DONNELLY,District Attorney for the
County of Nassau, for her Complaint, alleges the following upon information and belief:
1. The Plaintiff/Claiming Authority, ANNET. DONNELLY,is the duly elected
District Attorney for the County of Nassau, with offices located at 262 Old Country Road,
Mineola, County of Nassau, State of New York.
2. At all times hereinafter mentioned, Defendant PARRAresided
FERNANDO at
118 Sprucewood Lane, Levittown, New York 11756.
3. Upon information and belief, the defendant ELKIN VILLALOBOS, resided 75
Merrick Avenue, East Meadow, New York 11554 and is named herein as a non-criminal
defendant.
4. This is an action pursuant to Article 13-a of the Civil Practice Law and Rules,
seeking civil forfeiture of a certain automobile being operated by the defendant
5. OnMay 14, 2024, FERNANDO
PARRA, was arrested and charged with a
"E"
violation of VTL 1192.2 03, Aggravated Driving While Intoxicated, an felony, among other
charges.
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6. Immediately prior to his arrest, FERNANDO
PARRAwas operating a 2006
Hyundai Tucson bearing Vehicle Identification Number KM8JN12D66U306032(the "Subject
Vehicle").
7. The Subject Vehicle was thus the instrumentality of the felony charge charged
against FERNANDO
PARRA.
8. As such, the Subject Vehicle is subject to civil forfeiture to the Plaintiff, as
Claiming Authority, under the provisions of Article 13-a of the Civil Practice Law and Rules if
the criminal defendant, PERNANDO
PARRAis convicted of that felony crime.
9. Upon information and belief, the non-criminal defendant, ELKIN
VILLALOBOS, at the time of the arrest, of was the titled owner of the Subject Vehicle.
10. Upon information and belief, at all times relevant herein, FERNANDO
PARRA
was provided regular access to the Subject Vehicle and had ready access to the keys to that
vehicle.
11. Upon information and belief, at all times relevant herein, the defendant,
FERNANDO
PARRAwas the beneficial owner of the Subject Vehicle, exercising regular
dominion and control over the vehicle as if he were the titled owner.
12. The Subject Vehicle was operated by the defendant FERNANDO
PARRAin the
commission of a felony crime. It is therefore the instrumentality of that felony crime in that it
contributed directly and materially to the commission of the felony crime. CPLR1310(4).
16. By virtue of the foregoing, the Subject Vehicle is subject to forfeiture to the
plaintiff, as claiming authority. CPLR1311.
WHEREFORE
the plaintiff demandsjudgment of forfeiture against both defendants
forfeiting all right, title and interest in the Subject Vehicle (a 2006 Hyundai Tucson bearing
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Vehicle Identification Number KM8JN12D66U306032) to the plaintiff, as claiming authority,
pursuant to the provisions of Civil Practice Law and Rules Article 13-a, and that the NewYork
State Department of Motor Vehicles be directed to issue title to the Subject Vehicle to the
plaintiff, all together with such other, further and different relief as the court may deem proper.
Dated: Mineola, New York
June 17, 2024
ANNET. DONNELLY
District Attorney
Plaintiff/Claiming Authority
By: Andrew R. Scott
Assistant District Attorney
Civil Forfeiture Unit
Attorney for Plaintiff
262 Old Country Road
Mineola, New York 11501
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VERIFICATION
Andrew R. Scott, an attorney duly admitted to the practice of law in the State of New
York, affirms the following under the penalties of perjury:
I am an Assistant District Attorney, of counsel, to the Honorable ANNET. DONNELLY,
District Attorney for the County of Nassau, Plaintiff/Claiming Authority, in the instant action.
I have read the foregoing Summonswith Notice and Verified Complaint and know the
contents thereof.
The same is true to my own knowledge, except as to the matters therein stated to be upon
information and belief, and that as to those matters, I believe them to be true.
This affirmation is not made by the Plaintiff/Claiming Authority for the
reason that the Plaintiff/Claiming Authority is a public officer, and pursuant to CPLRSection
3020, subdivision 2, verifications may be made by any person acquainted with the facts.
Dated: Mineola, New York
June 17, 2024
Andrew R. Scott
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Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 03:17 PM INDEX NO. 610762/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFNASSAU ----------------------------------------------------------X ANNET. DONNELLY,District Attorney for the SUMMONS County of Nassau, Plaintiff/Claiming Authority, Index No. - against - FERNANDO PARRAand ELKIN VILLALOBOS, Defendant. -----------------------------------------------------------Ç TOTHEABOVE-NAMED DEFENDANTS: You are hereby summoned to answer the Complaint in this action, or if the Complaint is not served with this Summons, to serve a notice of appearance on Plaintiff s Attorney, within twenty (20) days from date of service of this summons, exclusive of the date of service, or within thirty (30) days after service is completed if this summons is not personally delivered to you within the State of New York. Take notice that this action is brought pursuant to Article 13-A of the Civil Practice Law and Rules. The relief sought is the forfeiture of a 2006 Hyundai Tucson bearing Vehicle Identification Number KM8JN12D66U306032, as the instrumentality of a felony crime, plus costs and disbursements of this action. In case of your failure to appear, judgment will be taken against you by default for the relief demanded in the complaint, without further notice to you. 1 1 of 6 FILED: NASSAU COUNTY CLERK 06/19/2024 03:17 PM INDEX NO. 610762/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 Venue in this action is based upon the pending criminal proceeding against the Defendant FERNANDO PARRAin Nassau County of the crime of Aggravated Driving while Intoxicated in violation of Vehicle and Traffic Law 1192, Dated: Mineola, NewYork June 19, 2024 ANNET. DONNELLY District Attorney Plaintiff/Claiming Authority By: Andrew R. Scott Assistant District Attorney Civil Forfeiture Bureau Attorney for Plaintiff 262 Old Country Road Mineola, NewYork 11501 (516) 571-3403 To: FERNANDO PARRA 118 Sprucewood Dr. Levittown, NewYork 11756 ELKIN VILLALOBOS 75 Merrick Avenue East Meadow, New York 11554 2 2 of 6 FILED: NASSAU COUNTY CLERK 06/19/2024 03:17 PM INDEX NO. 610762/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFNASSAU --------------------------------------------------------------X ANNET. DONNELLY,District Attorney for the Index No. County of Nassau, Plaintiff/Claiming Authority COMPLAINT - against - FERNANDO PARRAand ELKIN VILLALOBOS, Defendants. ------------------------------------------X The Plaintiff/Claiming Authority, ANNET. DONNELLY,District Attorney for the County of Nassau, for her Complaint, alleges the following upon information and belief: 1. The Plaintiff/Claiming Authority, ANNET. DONNELLY,is the duly elected District Attorney for the County of Nassau, with offices located at 262 Old Country Road, Mineola, County of Nassau, State of New York. 2. At all times hereinafter mentioned, Defendant PARRAresided FERNANDO at 118 Sprucewood Lane, Levittown, New York 11756. 3. Upon information and belief, the defendant ELKIN VILLALOBOS, resided 75 Merrick Avenue, East Meadow, New York 11554 and is named herein as a non-criminal defendant. 4. This is an action pursuant to Article 13-a of the Civil Practice Law and Rules, seeking civil forfeiture of a certain automobile being operated by the defendant 5. OnMay 14, 2024, FERNANDO PARRA, was arrested and charged with a "E" violation of VTL 1192.2 03, Aggravated Driving While Intoxicated, an felony, among other charges. 3 of 6 FILED: NASSAU COUNTY CLERK 06/19/2024 03:17 PM INDEX NO. 610762/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 6. Immediately prior to his arrest, FERNANDO PARRAwas operating a 2006 Hyundai Tucson bearing Vehicle Identification Number KM8JN12D66U306032(the "Subject Vehicle"). 7. The Subject Vehicle was thus the instrumentality of the felony charge charged against FERNANDO PARRA. 8. As such, the Subject Vehicle is subject to civil forfeiture to the Plaintiff, as Claiming Authority, under the provisions of Article 13-a of the Civil Practice Law and Rules if the criminal defendant, PERNANDO PARRAis convicted of that felony crime. 9. Upon information and belief, the non-criminal defendant, ELKIN VILLALOBOS, at the time of the arrest, of was the titled owner of the Subject Vehicle. 10. Upon information and belief, at all times relevant herein, FERNANDO PARRA was provided regular access to the Subject Vehicle and had ready access to the keys to that vehicle. 11. Upon information and belief, at all times relevant herein, the defendant, FERNANDO PARRAwas the beneficial owner of the Subject Vehicle, exercising regular dominion and control over the vehicle as if he were the titled owner. 12. The Subject Vehicle was operated by the defendant FERNANDO PARRAin the commission of a felony crime. It is therefore the instrumentality of that felony crime in that it contributed directly and materially to the commission of the felony crime. CPLR1310(4). 16. By virtue of the foregoing, the Subject Vehicle is subject to forfeiture to the plaintiff, as claiming authority. CPLR1311. WHEREFORE the plaintiff demandsjudgment of forfeiture against both defendants forfeiting all right, title and interest in the Subject Vehicle (a 2006 Hyundai Tucson bearing 4 of 6 FILED: NASSAU COUNTY CLERK 06/19/2024 03:17 PM INDEX NO. 610762/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 Vehicle Identification Number KM8JN12D66U306032) to the plaintiff, as claiming authority, pursuant to the provisions of Civil Practice Law and Rules Article 13-a, and that the NewYork State Department of Motor Vehicles be directed to issue title to the Subject Vehicle to the plaintiff, all together with such other, further and different relief as the court may deem proper. Dated: Mineola, New York June 17, 2024 ANNET. DONNELLY District Attorney Plaintiff/Claiming Authority By: Andrew R. Scott Assistant District Attorney Civil Forfeiture Unit Attorney for Plaintiff 262 Old Country Road Mineola, New York 11501 5 of 6 FILED: NASSAU COUNTY CLERK 06/19/2024 03:17 PM INDEX NO. 610762/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 VERIFICATION Andrew R. Scott, an attorney duly admitted to the practice of law in the State of New York, affirms the following under the penalties of perjury: I am an Assistant District Attorney, of counsel, to the Honorable ANNET. DONNELLY, District Attorney for the County of Nassau, Plaintiff/Claiming Authority, in the instant action. I have read the foregoing Summonswith Notice and Verified Complaint and know the contents thereof. The same is true to my own knowledge, except as to the matters therein stated to be upon information and belief, and that as to those matters, I believe them to be true. This affirmation is not made by the Plaintiff/Claiming Authority for the reason that the Plaintiff/Claiming Authority is a public officer, and pursuant to CPLRSection 3020, subdivision 2, verifications may be made by any person acquainted with the facts. Dated: Mineola, New York June 17, 2024 Andrew R. Scott 6 of 6