Motion-Secondary: Richard A. Ball as Commissioner of Agriculture and Markets of the State of New York v. Norman Alexander d/b/a Christopher Deli

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                PANY                                 hk                                            WV                  INDEX     NO.     901210/2015
                                    OUN                       06                                40
NYSCEF   BOC.      NO.    9                                                                                      RECEIVED     NYSCEF          06/14/2016
                                                                                                                                                           I

                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF ALBANY
                                              wane
                RICHARD A. BALL, as Commissioner of
                Agriculture and Markets of the State of New York                                               AFFIDAVIT
                                                                                                              IN SUPPORT
                                                                   Plaintiff
                                    - against -                                                        Index No. 901210/2015

                NORMAN ALEXANDER
                d/b/a Christopher Deli
                758 Franklin Ave
                Brooklyn, New York 11238

                                                                   Defendant.
                _ net neem                                              nen:

                STATE OF NEW YORK)
                                                      ss.t
                COUNTY OF ALBANY)

                          Jennifer DeAngelis, being duly sworn, deposes and says:

                          1. | am responsible for the administration of the Penalty/Litigation Unit in the

                Counsel's Office of the New York State Department of Agriculture and Markets and am

                familiar with the pleadings and proceedings in this matter.                          | submit this Affidavit in

                support of the Plaintiffs motion for default judgment.

                         2.    Upon        information and belief, the summons with notice in the above-named

                matter     was      served      personally     on      Norman         Alexander,     d/b/a   Christopher     Deli,     the

                defendant herein, on October 19, 2015, pursuant to CPLR Section 308(1). The summons

                with notice sought judgment against the defendant for $2,400.00 with costs, pursuant to

                CPLR Section 8201, based on the defendant's alleged violations of the Agriculture and

                Markets       Law     on     three   separate        occasions.           The   violations   alleged   included        the

                defendant's operation of a retail food store and food processing establishment under

                insanitary conditions. A copy of the summons with notice is annexed hereto as Exhibit A.




                                                                               1 of   3
3.   Proof of service was filed with the Clerk of the Court on October 27, 2015.             A

copy of the affidavit of service, stamped to show filing with the Court, is annexed hereto

as Exhibit B.

       4. The time for the defendant to appear, or serve a written demand for a verified

complaint, has expired and the defendant has not appeared or served a written demand

for a verified complaint, nor has the defendant's time to appear or serve a written demand

for a verified complaint been extended by stipulation, court order or otherwise.

       5. The sources of my information and the grounds for my belief are a review of the

official records of the Department of Agriculture and Markets.

       WHEREFORE,                  the plaintiff respectfully requests judgment against the defendant

in the amount of $2,600.00; consisting of $2,400.00 as a penalty for violations of the

Agriculture and Markets Law and $200.00 costs.



                                                                 LY Orth.
                                                                     JENNIFE!   ANGELIS

Sworn to before me this
13th day of June, 2016.




                     Lesley A. Markham
                 Notary Public, State of New York:
                      Reg. No, 01MA4997 109
                Commission Expires July 14, ==O      iy
                    Qualified in Albany County:




                                                          2 of   3
SUPREME COURT OF THE STATE OF NEW YORK                        Index No.: 901210
COUNTY OF ALBANY                                              Year:      2015

RICHARD A. BALL, as Commissioner of
Agriculture and Markets of the State of New York

                                             Plaintiff

                - against -

NORMAN ALEXANDER
d/b/a Christopher Deli
758 Franklin Ave
Brooklyn, New York 11238

                                            Defendant.
       nanan:         se




                                 NOTICE OF MOTION AND
                                 AFFIDAVIT IN SUPPORT


                                   Scott H. Wyner, Esq.
                  Counsel to the Department of Agriculture and Markets
                                 and Attorney for Plaintiff
                             Office and Post Office Address
                          108 Airline Drive, Albany, NY 12235
                                   Tel No. (518) 457-1059


                              Fhe
                               L foc Aud,
                           Frederick Briah Arnold, Esq. of Counsel
                                   Tel. No. (518) 457-3593




                                             3 of    3