Preview
FILED: NASSAU COUNTY CLERK 12/31/2019 12:02 PM INDEX NO. 618258/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NASSAU
-------- ---------------------------X Date Purchased:
COUNTY OF NASSAU,
SUMMONS
Plaintiff,
Plaintiff designates
- against - NASSAU COUNTY
as the place of trial.
Jose M. Flores and The basis of the venue is
Peoples Alliance Federal Credit Union, plaintiffs residence
and CPLR §503(a).
Defendants.
-- X
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, on the Plaintiffs 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 pesonally delivered to you within the State of New York. In case of your failure
to answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: 12/31/2019
Merrick, New York
CAMPANELLI & ASSOCIATES, P.C.
By: Andrew J. Campanelli
Attorneys for Plaintiff
1757 Merrick Avenue, Suite 204
Merrick, New York 11566
(516) 746-1600
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Defendants'
Addresses:
Jose M. Flores
227 Crowell Street
Hempstead, NY 11550
Peoples Alliance Federal Credit Union
125 Wireless Blvd.
Hauppauge, NY 11788
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------X
COUNTY OF NASSAU, Index No.:
Plaintiff,
Date Purchased:
- against -
VERIFIED COMPLAINT
Jose M. Flores and
Peoples Alliance Federal Credit Union,
Defendants.
------------- ----------------------------------X
The plaintiff, COUNTY OF NASSAU, by its attorneys, Campanelli & Associates, P.C.,
complaining of the defendants, alleges as follows:
1. At all times described herein, the plaintiff, COUNTY OF NASSAU, was, and
remains, a municipal corporation duly organized and existing pursuant to the laws of the State of
New York, 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, Jose M.
Flores, was, and remains, an individual who resides at 227 Crowell Street, Hempstead, NY
11550.
3. Upon information and belief, at all times described herein, defendant Jose M.
Flores, was, and remains, the owner of a 1998 Nissan Sentra bearing Vehicle Identification
Number (VIN) 1N4AB41D4WC717344, that being a motor vehicle which is the subject of this
action.
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4. Upon information and belief, at all times described herein, defendant, Peoples
Alliance Federal Credit Union, was, and remains, an entity with a principal place of business at
125 Wireless Blvd., Hauppauge, NY 11788.
5. Upon information and belief, at all times described herein, defendant, Peoples
Alliance Federal Credit Union, has possessed, and may continue to possess, a security interest in
the vehicle which is the subject of this action, and as such, it is a lienholder within the purview of
Nassau County Administrative Code §8-7,0(g)(4).
6. This action is brought pursuant to Nassau County Administrative Code ("NCAC")
§8-7.0(g).
7. 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.
8. To the extent that motor vehicles are employed to commit DWI offenses 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.
9. 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
rnarket 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.
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AS AND FOR A FIRST CAUSE OF ACTION
10. Upon information and belief, on 12/28/2019 while in the County of Nassau,
defendant, Jose M. Flores, was operating the motor vehicle which is the subject of this action in
violation of Vehicle & Traffic Law §l 192.2, 1192.3, 1192.2AA.
11. On said date, the defendant was arrested and charged with DWI, for having
operated such 1998 Nissan Sentra bearing Vehicle Identification Number (VIN)
1N4AB41D4WC717344 in violation of VTL §1192.2, 1192.3, 1192.2AA under arrest number
2019AR517525.
12. Upon information and belief, at the time of the defendant's arrest for DWI, and
the County's seizure of such vehicle, defendant, Jose M. Flores, was the owner of such vehicle,
who owned and possessed legal title to same.
13. Being employed in the commission of the DWI offense recorded under arrest
number 2019AR517525, the 1998Nissan Sentra described herein constitutes an instrumentality
of a crime or offense, the use of which contributed directly and materially to the defendãüt's
commission of the DWI offense.
14. As such, said motor vehicle is subject to civil forfeiture under NCAC §8-7.0(g).
15. 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).
16. 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 New York State Department of
Motor Vehicles to transfer title of such vehicle flom 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).
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17. In the event that any of the defendants thwart 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
said defendmit(s) in an amount equal to the fair market value of the vehicle at the time of arrest,
plus fifteen hundred ($1,500.00) dollars pursuant to NCAC §8-7.0(g)(4)(e).
WHEREFORE, the plaintiff, COUNTY OF NASSAU, respectfully demands judgment
against the defendants for forfeiture of the 1998 Nissan Sentra bearing Vehicle Identification
Number (VIN) IN4AB41D4WC717344, that the plaintiff be deemed to have clear
unencumbered title to the same, and that the Court issue an Order to the New York State
Department of Motor Vehicles (the "DMV"), directing the DMV to 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 any defendant has transferred title or possession of the
vehicle to thwart the plaintiffs right to forfeiture, the plaintiff respectfully demands a monetary
judgment against such 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 deem just and proper.
Dated: 12/31/2019
Merrick, New York Yours, etc.,
CAMPANELLI & ASSOCIATES, P.C.
Attorneys for Plaintiff
By:
Andrew J. Campanelli
1757 Merrick Avenue, Suite 204
Merrick, NY 11566
(516) 746-1600
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
Andrew J. Campanelli, being an attorney duly admitted to practice law in the State of
New York, affirms that I am the principal of Campanelli & Associates, P.C., Special Counsel to
the County of Nassau, the plaintiff herein.
I have read the forgoing Complãint 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 me rather than the plaintiff, County of
Nassau, is because the County is a governmeñtal subdivision, in the form of as municipal
corporation, and as such, this verification is made pursuant to CPLR §3020(d)(2).
Dated: 12/31/2019
Merrick, NY
Andrew J. Campanelli
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
__________________..---------- ,_..--______________________________..- ____
COUNTY OF NASSAU,
Plaintiff,
- against -
Jose M. Flores and
Peoples Alliance Federal Credit Union,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR §130-1.1-a
Pursuant to 22 NYCRR § l30-1.1-a, the undersigned attorney, admitted to practice in the courts of New
York, certifies that, upon luiewkage, information and belief formed after an inquiry reasonable under the
circumshnees, the contentions ccñtained in the emered document(s) are not frivolous as defined in 22 NYCRR
§l30-1.1(c), nor ebteired through illegal conduct and further, that this matter was not obtained in violation of 22
NYCRR §1200.41-a [DR 7-11l].
Dated: 12/31/2019
Andrew J. Campanelli
Yours, etc.,
CAMPANELLI & ASSOCIATES, P.C.
Attomeys for Plaintiff
Office and Post Office Address
1757 Merrick Avenue, Suite 204
Merrick, New York 11566
(516) 746-1600
8 of 8
Preview
FILED: NASSAU COUNTY CLERK 12/31/2019 12:02 PM INDEX NO. 618258/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU -------- ---------------------------X Date Purchased: COUNTY OF NASSAU, SUMMONS Plaintiff, Plaintiff designates - against - NASSAU COUNTY as the place of trial. Jose M. Flores and The basis of the venue is Peoples Alliance Federal Credit Union, plaintiffs residence and CPLR §503(a). Defendants. -- X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, on the Plaintiffs 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 pesonally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: 12/31/2019 Merrick, New York CAMPANELLI & ASSOCIATES, P.C. By: Andrew J. Campanelli Attorneys for Plaintiff 1757 Merrick Avenue, Suite 204 Merrick, New York 11566 (516) 746-1600 1 of 8 FILED: NASSAU COUNTY CLERK 12/31/2019 12:02 PM INDEX NO. 618258/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 Defendants' Addresses: Jose M. Flores 227 Crowell Street Hempstead, NY 11550 Peoples Alliance Federal Credit Union 125 Wireless Blvd. Hauppauge, NY 11788 2 of 8 FILED: NASSAU COUNTY CLERK 12/31/2019 12:02 PM INDEX NO. 618258/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------X COUNTY OF NASSAU, Index No.: Plaintiff, Date Purchased: - against - VERIFIED COMPLAINT Jose M. Flores and Peoples Alliance Federal Credit Union, Defendants. ------------- ----------------------------------X The plaintiff, COUNTY OF NASSAU, by its attorneys, Campanelli & Associates, P.C., complaining of the defendants, alleges as follows: 1. At all times described herein, the plaintiff, COUNTY OF NASSAU, was, and remains, a municipal corporation duly organized and existing pursuant to the laws of the State of New York, 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, Jose M. Flores, was, and remains, an individual who resides at 227 Crowell Street, Hempstead, NY 11550. 3. Upon information and belief, at all times described herein, defendant Jose M. Flores, was, and remains, the owner of a 1998 Nissan Sentra bearing Vehicle Identification Number (VIN) 1N4AB41D4WC717344, that being a motor vehicle which is the subject of this action. 3 of 8 FILED: NASSAU COUNTY CLERK 12/31/2019 12:02 PM INDEX NO. 618258/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 4. Upon information and belief, at all times described herein, defendant, Peoples Alliance Federal Credit Union, was, and remains, an entity with a principal place of business at 125 Wireless Blvd., Hauppauge, NY 11788. 5. Upon information and belief, at all times described herein, defendant, Peoples Alliance Federal Credit Union, has possessed, and may continue to possess, a security interest in the vehicle which is the subject of this action, and as such, it is a lienholder within the purview of Nassau County Administrative Code §8-7,0(g)(4). 6. This action is brought pursuant to Nassau County Administrative Code ("NCAC") §8-7.0(g). 7. 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. 8. To the extent that motor vehicles are employed to commit DWI offenses 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. 9. 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 rnarket 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. 4 of 8 FILED: NASSAU COUNTY CLERK 12/31/2019 12:02 PM INDEX NO. 618258/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 AS AND FOR A FIRST CAUSE OF ACTION 10. Upon information and belief, on 12/28/2019 while in the County of Nassau, defendant, Jose M. Flores, was operating the motor vehicle which is the subject of this action in violation of Vehicle & Traffic Law §l 192.2, 1192.3, 1192.2AA. 11. On said date, the defendant was arrested and charged with DWI, for having operated such 1998 Nissan Sentra bearing Vehicle Identification Number (VIN) 1N4AB41D4WC717344 in violation of VTL §1192.2, 1192.3, 1192.2AA under arrest number 2019AR517525. 12. Upon information and belief, at the time of the defendant's arrest for DWI, and the County's seizure of such vehicle, defendant, Jose M. Flores, was the owner of such vehicle, who owned and possessed legal title to same. 13. Being employed in the commission of the DWI offense recorded under arrest number 2019AR517525, the 1998Nissan Sentra described herein constitutes an instrumentality of a crime or offense, the use of which contributed directly and materially to the defendãüt's commission of the DWI offense. 14. As such, said motor vehicle is subject to civil forfeiture under NCAC §8-7.0(g). 15. 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). 16. 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 New York State Department of Motor Vehicles to transfer title of such vehicle flom 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). 5 of 8 FILED: NASSAU COUNTY CLERK 12/31/2019 12:02 PM INDEX NO. 618258/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 17. In the event that any of the defendants thwart 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 said defendmit(s) in an amount equal to the fair market value of the vehicle at the time of arrest, plus fifteen hundred ($1,500.00) dollars pursuant to NCAC §8-7.0(g)(4)(e). WHEREFORE, the plaintiff, COUNTY OF NASSAU, respectfully demands judgment against the defendants for forfeiture of the 1998 Nissan Sentra bearing Vehicle Identification Number (VIN) IN4AB41D4WC717344, that the plaintiff be deemed to have clear unencumbered title to the same, and that the Court issue an Order to the New York State Department of Motor Vehicles (the "DMV"), directing the DMV to 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 any defendant has transferred title or possession of the vehicle to thwart the plaintiffs right to forfeiture, the plaintiff respectfully demands a monetary judgment against such 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 deem just and proper. Dated: 12/31/2019 Merrick, New York Yours, etc., CAMPANELLI & ASSOCIATES, P.C. Attorneys for Plaintiff By: Andrew J. Campanelli 1757 Merrick Avenue, Suite 204 Merrick, NY 11566 (516) 746-1600 6 of 8 FILED: NASSAU COUNTY CLERK 12/31/2019 12:02 PM INDEX NO. 618258/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) Andrew J. Campanelli, being an attorney duly admitted to practice law in the State of New York, affirms that I am the principal of Campanelli & Associates, P.C., Special Counsel to the County of Nassau, the plaintiff herein. I have read the forgoing Complãint 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 me rather than the plaintiff, County of Nassau, is because the County is a governmeñtal subdivision, in the form of as municipal corporation, and as such, this verification is made pursuant to CPLR §3020(d)(2). Dated: 12/31/2019 Merrick, NY Andrew J. Campanelli 7 of 8 FILED: NASSAU COUNTY CLERK 12/31/2019 12:02 PM INDEX NO. 618258/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU __________________..---------- ,_..--______________________________..- ____ COUNTY OF NASSAU, Plaintiff, - against - Jose M. Flores and Peoples Alliance Federal Credit Union, Defendants. SUMMONS AND VERIFIED COMPLAINT ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR §130-1.1-a Pursuant to 22 NYCRR § l30-1.1-a, the undersigned attorney, admitted to practice in the courts of New York, certifies that, upon luiewkage, information and belief formed after an inquiry reasonable under the circumshnees, the contentions ccñtained in the emered document(s) are not frivolous as defined in 22 NYCRR §l30-1.1(c), nor ebteired through illegal conduct and further, that this matter was not obtained in violation of 22 NYCRR §1200.41-a [DR 7-11l]. Dated: 12/31/2019 Andrew J. Campanelli Yours, etc., CAMPANELLI & ASSOCIATES, P.C. Attomeys for Plaintiff Office and Post Office Address 1757 Merrick Avenue, Suite 204 Merrick, New York 11566 (516) 746-1600 8 of 8