Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 09:54 AM INDEX NO. 610661/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
SUPREMECOURTOFTHESTATEOFNEWYORK Index No.:
COUNTYOFNASSAU
----------------------------------------------X Date Purchased:
COUNTYOFNASSAU,
SUMMONS
Plaintiff,
Plaintiff designates
- against - NASSAUCOUNTY
as the place of trial.
The basis of the venue is
Fredy Palma Murillo, plaintiff s residence
and CPLR§503(a).
Defendant.
___________________________----------x
TOTHEABOVE-NAMED
DEFENDANT:
YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve
a copy of your answer, on the Plaintiff s Attorney(s) within 20 days after the service of this
summons, exclusive of the day of service, or within 30 days after the service is complete if this
summons is not personally delivered to you within the State of NewYork. In case of your failure
to answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: 6/18/2024
Merrick, New York
CAMPANELLI& AS CIATES, P.C.
By: Andr J. Campanelli
Attorneys for Plaintiff
1757 Merrick Avenue, Suite 204
Merrick, New York 11566
(516) 746-1600
Defendant's Address:
Fredy Palma Murillo
55 E 11th Street
Huntington, NY
11746
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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFNASSAU
________________________________Ç
COUNTYOFNASSAU, Index No.:
Plaintiff,
Date Purchased:
- against -
VERIFIED COMPLAINT
Fredy Palma Murillo,
Defendant.
________________________________________X
The plaintiff, COUNTYOFNASSAU,by its attorneys, Campanelli & Associates, P.C.,
complaining of the defendant, alleges as follows:
1. At all times described herein, the plaintiff, COUNTYOFNASSAU,was, and
remains, a municipal corporation duly organized and existing pursuant to the laws of the State of
NewYork, with a principal place of business situated within the County of Nassau, at 1550
Franklin Avenue, Mineola, NY 11501-4898.
2. Upon information and belief, at all times described herein, the defendant, Fredy
Palma Murillo, was, and remains, an individual who resides at 55 E 11th Street, Huntington, NY
11746.
3. Upon information and belief, at all times described herein, defendant Fredy Palma
Murillo, was, and remains, the owner of a 2008 Mazda CX9bearing Vehicle Identification
Number (V1N) JM3TB28V780124868, that being a motor vehicle, which is the subject of this
action.
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4. This action is brought pursuant to Nassau County Administrative Code ("NCAC")
§8-7.0(g).
5. Under NCAC§8-7.0(g), the County of Nassau is empowered to commence a civil
action to obtain civil forfeiture of property which is employed as the instrumentality of a
misdemeanor crime or petty offense committed within the County.
6. To the extent that motor vehicles are employed to commit DWIoffenses within
the County, NCAC§8-7.0(g) empowers the County to pursue and obtain civil forfeiture of such
vehicles against any persons having an interest in such vehicles.
7. In the event that any person(s) seeks to thwart the County's right to obtain
forfeiture of such vehicles by transferring title or possession of same, without first providing
statutorily required notice to the County under NCAC§8-7.0(g)(4)(c), the County is entitled to
obtain a monetary judgment against any and all such person(s) in an amount equal to the fair
market value of the vehicle at the time of arrest, plus an additional penalty in the amount of
fifteen hundred ($1,500.00) dollars, under NCAC§8-7.0(g)(4)(e), et seq.
AS ANDFORA FIRST CAUSEOFACTION
8. Upon information and belief, on 6/15/2024, while in the County of Nassau,
defendant, Fredy Palma Murillo, was operating the motor vehicle which is the subject of this
action in violation of Vehicle & Traffic Law §1192.1, 1192.2, 1192.3, 1192.2AA.
9. On said date, the defendant was arrested and charged with DWI, for having
operated a 2008 Mazda CX9bearing Vehicle Identification Number (VIN)
JM3TB28V780124868 in violation of VTL §1192.1, 1192.2, 1192.3, 1192.2AA under arrest
number 2024AR507069.
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10. Upon information and belief, at the time of the defendant's arrest for DWI, and
the County's seizure of such vehicle, defendant, Fredy Palma Murillo, was the owner of such
vehicle, who owned and possessed clear legal title to same.
11. Being employed in the commission of the DWI offense, recorded under arrest
number 2024AR507069, the 2008 Mazda CX9, described herein, constitutes an instrumentality
of a crime or offense, the use of which contributed directly and materially to the defendant's
commission of the DWI offense.
12. As such, said motor vehicle is subject to civil forfeiture under NCAC§8-7.0(g).
13. This action has been commenced within 120 days after seizure of the property
described herein above, in accord with Nassau County Administrative Code §8-7.0(g)(5).
14. In view of the forgoing, the plaintiff, County of Nassau, is entitled to a judgment
of forfeiture of such motor vehicle, and an order directing the NewYork State Department of
Motor Vehicles to transfer title of such vehicle from the defendant, to the County, so that it may
be disposed of by the County, in accord with the provisions of NCAC§8-7.0(g).
15. In the event that the defendant thwarts the County's claim for forfeiture by
transferring title to, or possession of, the subject vehicle, without first having afforded the
County statutorily required notice, the County is entitled to obtain a monetary judgment against
the defendant in an amount equal to the fair market value of the vehicle at the time of arrest, plus
fifteen hundred ($1,500) dollars pursuant to NCAC§8-7.0(g)(4)(e).
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WHEREFORE,
the plaintiff, COUNTYOFNASSAU,respectfully demandsjudgment
against the defendant for forfeiture of the 2008 Mazda CX9, bearing Vehicle Identification
Number (VIN) JM3TB28V780124868, that the plaintiff be deemedto have clear unencumbered
title to the same, and that the Court issue an Order to the NewYork State Department of Motor
Vehicles (the "DMV"), directing the DMVto issue a new title for such vehicle to the County,
naming the County as the titled-owner of such vehicle, to enable the County to dispose of same
in accord with NCAC§8-7.0(g).
In the alternative, in the event that the defendant has transferred title or possession of the
vehicle to thwart the plaintiff s right to forfeiture, the plaintiff respectfully demands a monetary
judgment against the defendant, in an amount equal to the fair market value of the vehicle, plus
fifteen hundred ($1,500.00) dollars, and that this Court grant such other and further relief as it
may deemjust and proper.
Dated: 6/18/2024
Merrick, New York
Yours, etc.,
CAMPANELLI& ASSOCIATES,P.C.
Attorneys for Plaintif
By:
Andrew Campanelli
J.
1757 Merrick Avenue, Suite 204
Merrick, NY 11566
(516) 746-1600
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VERIFICATION
STATEOFNEWYORK )
) ss.:
COUNTYOFNASSAU )
Andrew J. Campanelli, being an attorney duly admitted to practice law in the State of
NewYork, affirms that I amthe principal of Campanelli & Associates, P.C., Special Counsel to
the County of Nassau, the plaintiff herein.
I have read the forgoing Complaint and know the contents herein are true based upon the
records and files in my office, except to those matters alleged upon information and belief, and
as to those matters, I believe them to be true.
The reason that this verification is made by merather than the plaintiff, County of
Nassau, is because the County is a governmental subdivision, in the form of a municipal
corporation, and as such, this verification is made pursuant to CPLR§3020(d)(2).
Dated: 6/18/2024
Merrick, NY
Andrew J. Campanelli
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Index No.:
SUPREMECOURTOF THESTATEOFNEWYORK
COUNTYOF NASSAU
-------------------__________________________________________________________
COUNTYOFNASSAU,
Plaintiff,
- against -
Fredy Palma Murillo,
Defendant.
____________--------------------------------------------------------------------------------
ANDVERIFIED COMPLAINT
SUMMONS
ATTORNEY TO22 NYCRR
CERTIFICATIONPURSUANT §130-1.1-a
Pursuant to 22 NYCRR §130-1.1-a, the undersigned attorney, admitted to practice in the courts of NewYork,
certifiesthat, upon knowledge, information and belief formed after an inquiry reasonable under the circumstances,
the contentions contained in the annexed document(s) are not frivolous as defined in 22 NYCRR §130-1.1(c), nor
obtained through illegal conduct and further, that this matter was not obtained in violatiop of 22 NYCRR §1200.41-a
[DR 7-111].
Dated: 6/18/2024
Andrew J. Campanelli
Yours, etc.,
CAMPANELLI& ASSOCIATES,P.C.
Attorneys for Plaintiff
Office and Post Office Address
1757 Merrick Avenue, Suite 204
Merrick, NewYork 11566
(516) 746-1600
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Preview
FILED: NASSAU COUNTY CLERK 06/19/2024 09:54 AM INDEX NO. 610661/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREMECOURTOFTHESTATEOFNEWYORK Index No.: COUNTYOFNASSAU ----------------------------------------------X Date Purchased: COUNTYOFNASSAU, SUMMONS Plaintiff, Plaintiff designates - against - NASSAUCOUNTY as the place of trial. The basis of the venue is Fredy Palma Murillo, plaintiff s residence and CPLR§503(a). Defendant. ___________________________----------x TOTHEABOVE-NAMED DEFENDANT: YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a copy of your answer, on the Plaintiff s Attorney(s) within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after the service is complete if this summons is not personally delivered to you within the State of NewYork. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: 6/18/2024 Merrick, New York CAMPANELLI& AS CIATES, P.C. By: Andr J. Campanelli Attorneys for Plaintiff 1757 Merrick Avenue, Suite 204 Merrick, New York 11566 (516) 746-1600 Defendant's Address: Fredy Palma Murillo 55 E 11th Street Huntington, NY 11746 1 of 7 FILED: NASSAU COUNTY CLERK 06/19/2024 09:54 AM INDEX NO. 610661/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFNASSAU ________________________________Ç COUNTYOFNASSAU, Index No.: Plaintiff, Date Purchased: - against - VERIFIED COMPLAINT Fredy Palma Murillo, Defendant. ________________________________________X The plaintiff, COUNTYOFNASSAU,by its attorneys, Campanelli & Associates, P.C., complaining of the defendant, alleges as follows: 1. At all times described herein, the plaintiff, COUNTYOFNASSAU,was, and remains, a municipal corporation duly organized and existing pursuant to the laws of the State of NewYork, with a principal place of business situated within the County of Nassau, at 1550 Franklin Avenue, Mineola, NY 11501-4898. 2. Upon information and belief, at all times described herein, the defendant, Fredy Palma Murillo, was, and remains, an individual who resides at 55 E 11th Street, Huntington, NY 11746. 3. Upon information and belief, at all times described herein, defendant Fredy Palma Murillo, was, and remains, the owner of a 2008 Mazda CX9bearing Vehicle Identification Number (V1N) JM3TB28V780124868, that being a motor vehicle, which is the subject of this action. 2 of 7 FILED: NASSAU COUNTY CLERK 06/19/2024 09:54 AM INDEX NO. 610661/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 4. This action is brought pursuant to Nassau County Administrative Code ("NCAC") §8-7.0(g). 5. Under NCAC§8-7.0(g), the County of Nassau is empowered to commence a civil action to obtain civil forfeiture of property which is employed as the instrumentality of a misdemeanor crime or petty offense committed within the County. 6. To the extent that motor vehicles are employed to commit DWIoffenses within the County, NCAC§8-7.0(g) empowers the County to pursue and obtain civil forfeiture of such vehicles against any persons having an interest in such vehicles. 7. In the event that any person(s) seeks to thwart the County's right to obtain forfeiture of such vehicles by transferring title or possession of same, without first providing statutorily required notice to the County under NCAC§8-7.0(g)(4)(c), the County is entitled to obtain a monetary judgment against any and all such person(s) in an amount equal to the fair market value of the vehicle at the time of arrest, plus an additional penalty in the amount of fifteen hundred ($1,500.00) dollars, under NCAC§8-7.0(g)(4)(e), et seq. AS ANDFORA FIRST CAUSEOFACTION 8. Upon information and belief, on 6/15/2024, while in the County of Nassau, defendant, Fredy Palma Murillo, was operating the motor vehicle which is the subject of this action in violation of Vehicle & Traffic Law §1192.1, 1192.2, 1192.3, 1192.2AA. 9. On said date, the defendant was arrested and charged with DWI, for having operated a 2008 Mazda CX9bearing Vehicle Identification Number (VIN) JM3TB28V780124868 in violation of VTL §1192.1, 1192.2, 1192.3, 1192.2AA under arrest number 2024AR507069. 3 of 7 FILED: NASSAU COUNTY CLERK 06/19/2024 09:54 AM INDEX NO. 610661/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 10. Upon information and belief, at the time of the defendant's arrest for DWI, and the County's seizure of such vehicle, defendant, Fredy Palma Murillo, was the owner of such vehicle, who owned and possessed clear legal title to same. 11. Being employed in the commission of the DWI offense, recorded under arrest number 2024AR507069, the 2008 Mazda CX9, described herein, constitutes an instrumentality of a crime or offense, the use of which contributed directly and materially to the defendant's commission of the DWI offense. 12. As such, said motor vehicle is subject to civil forfeiture under NCAC§8-7.0(g). 13. This action has been commenced within 120 days after seizure of the property described herein above, in accord with Nassau County Administrative Code §8-7.0(g)(5). 14. In view of the forgoing, the plaintiff, County of Nassau, is entitled to a judgment of forfeiture of such motor vehicle, and an order directing the NewYork State Department of Motor Vehicles to transfer title of such vehicle from the defendant, to the County, so that it may be disposed of by the County, in accord with the provisions of NCAC§8-7.0(g). 15. In the event that the defendant thwarts the County's claim for forfeiture by transferring title to, or possession of, the subject vehicle, without first having afforded the County statutorily required notice, the County is entitled to obtain a monetary judgment against the defendant in an amount equal to the fair market value of the vehicle at the time of arrest, plus fifteen hundred ($1,500) dollars pursuant to NCAC§8-7.0(g)(4)(e). 4 of 7 FILED: NASSAU COUNTY CLERK 06/19/2024 09:54 AM INDEX NO. 610661/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 WHEREFORE, the plaintiff, COUNTYOFNASSAU,respectfully demandsjudgment against the defendant for forfeiture of the 2008 Mazda CX9, bearing Vehicle Identification Number (VIN) JM3TB28V780124868, that the plaintiff be deemedto have clear unencumbered title to the same, and that the Court issue an Order to the NewYork State Department of Motor Vehicles (the "DMV"), directing the DMVto issue a new title for such vehicle to the County, naming the County as the titled-owner of such vehicle, to enable the County to dispose of same in accord with NCAC§8-7.0(g). In the alternative, in the event that the defendant has transferred title or possession of the vehicle to thwart the plaintiff s right to forfeiture, the plaintiff respectfully demands a monetary judgment against the defendant, in an amount equal to the fair market value of the vehicle, plus fifteen hundred ($1,500.00) dollars, and that this Court grant such other and further relief as it may deemjust and proper. Dated: 6/18/2024 Merrick, New York Yours, etc., CAMPANELLI& ASSOCIATES,P.C. Attorneys for Plaintif By: Andrew Campanelli J. 1757 Merrick Avenue, Suite 204 Merrick, NY 11566 (516) 746-1600 5 of 7 FILED: NASSAU COUNTY CLERK 06/19/2024 09:54 AM INDEX NO. 610661/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 VERIFICATION STATEOFNEWYORK ) ) ss.: COUNTYOFNASSAU ) Andrew J. Campanelli, being an attorney duly admitted to practice law in the State of NewYork, affirms that I amthe principal of Campanelli & Associates, P.C., Special Counsel to the County of Nassau, the plaintiff herein. I have read the forgoing Complaint and know the contents herein are true based upon the records and files in my office, except to those matters alleged upon information and belief, and as to those matters, I believe them to be true. The reason that this verification is made by merather than the plaintiff, County of Nassau, is because the County is a governmental subdivision, in the form of a municipal corporation, and as such, this verification is made pursuant to CPLR§3020(d)(2). Dated: 6/18/2024 Merrick, NY Andrew J. Campanelli 6 of 7 FILED: NASSAU COUNTY CLERK 06/19/2024 09:54 AM INDEX NO. 610661/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 Index No.: SUPREMECOURTOF THESTATEOFNEWYORK COUNTYOF NASSAU -------------------__________________________________________________________ COUNTYOFNASSAU, Plaintiff, - against - Fredy Palma Murillo, Defendant. ____________-------------------------------------------------------------------------------- ANDVERIFIED COMPLAINT SUMMONS ATTORNEY TO22 NYCRR CERTIFICATIONPURSUANT §130-1.1-a Pursuant to 22 NYCRR §130-1.1-a, the undersigned attorney, admitted to practice in the courts of NewYork, certifiesthat, upon knowledge, information and belief formed after an inquiry reasonable under the circumstances, the contentions contained in the annexed document(s) are not frivolous as defined in 22 NYCRR §130-1.1(c), nor obtained through illegal conduct and further, that this matter was not obtained in violatiop of 22 NYCRR §1200.41-a [DR 7-111]. Dated: 6/18/2024 Andrew J. Campanelli Yours, etc., CAMPANELLI& ASSOCIATES,P.C. Attorneys for Plaintiff Office and Post Office Address 1757 Merrick Avenue, Suite 204 Merrick, NewYork 11566 (516) 746-1600 7 of 7