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INDEX NO. 612899/2019
NYSCEF DOG. NO. ‘18 > RECEWED NYSCEF: 09/26/2019
COURTESY COPY
pom
ORIGINAL VA ECE
Atan JAS Part © ‘of the Supresiie
-——___/ _Gourt of the County of Nassau, at
the Courthouse, located at 100
Supreme Court Drive. } incola,
New York, on the 261 ty of
September, 2019.
PRESENT
HON Ramdy Sue Mar ber OTION SEQUENCE # C0!
Supreme C
ORIGINAL RETURN pate 1 (28 (9
TRUE NORTH AQUISITIONS, LLC
revier ORT ZY #
Petitioner-Plaintiff,
ORDER TO SHOW CAUSE
-against-
TOWN OF HEMPSTEAD, TOWN OF HEMPSTEAD Index No.: 612899/2019
BUILDING DEPARTMENT, JOHN E. ROTTKAMP,
personally and in his official capacity as the Commissioner
of the Town of Hempstead Building Department,
CHARLES KOVIT, personally and in his official capacity
as the Chief Deputy Town Attorney of the Town of
Hempstead.
Respondents-Defendants.
PLEASE TAKE NOTICE that upon the annexed Affidavit he McCarthy, sworn to
on Kptember 17, 2019, the Affirmation of Craig Biscone, Esq. dated September 17, 2019, the
the approrarte of counsel om behalf? of Nassar lon Planning Commation, Patrick Collate
&
Affirmation of Christian Browne, Esq. dated September 18, 2019,and the exhibits annexed thereto;
$ ge
and upon the accompanying Verified Petition/Complaint, dated September 18, 2019, and the exhibits
and 2 ore record of A/ia/iq ard AASA4,
attached thereto; sand due deliberation having been had thereon and sufficient cause appearing
therefor, it is i
ENTERED
IN
COMPUTER}
CN
1 of 2
(FILED: NASSAU COUNTY CLERK 09/26/2019 I1:53 AM INDEX NO. 612899/2019
NYSCEF BOC. NO ‘18 ¥ RECELVED NYSCEF: 09/26/2019
,
ORDERED, that the Respondents-Defendants, show cause at the Nassau County Supreme
Court, IAS Part Xx 100 Supreme Court Drive, Mineola, New York, on the Q3sey ofOctober
2019, at 9:30 a.m., or as soon thereafter as counsel can be heard, why an Order pursuant to CPLR §§
6301 and 7805 should not be entered during the pendency of this hybrid proceeding/action: (i)
enjoining, restraining and staying the Respondents-Defendants, and their agents, servants,
employees, contractors, and/or all other persons or entities acting on their behalf or in concert with
them, from enforcing an order dated March 28, 2019 suspending building permit number
01412232; and (ii) for any such further and other relief that the Court deems just and proper.
IT IS FURTHER ORDERED, pursuant to CPLR §§ 6313 and 7805, that pending the
hearing and-detewmminetion of Plaintiff's Order to Show Cause seeking a preliminary injunction, the
Respondents-Defendants, and their agents, servants, employees, contractors, and/or all other persons
{ee
or entities acting on their behalf or in concert with them are hereby enjoined and prohibited from
enforcing an order dated March 28, 2019 suspending building permit number 201412232
SUFFICIENT REASON APPEARING THERFOR, LET service ofa copy of this Order,
Bnd POW Counsel for Proprsed imbervenoes, Cherles Bisune, Eigt uns fe Rast. 9 Pee
together with the papers. upon which it is granted, upon, Ce ol for, the Town of Hempsteag, 2 as
4-"*iL
2103 OW,@) orl) ~
pursuant to CPLR § SEERRRS on or before 2019, be deemed good and “hry
sl Proot of service must be filed with
sufficient service thereof. the court prlor to the return date Personal appearances on
the return date are required
ENTER
ENTERED Mev
IS.C.
Sep 26 2019 HON, RANDY SUE MA
RBER
NASSAU COUNTY
COUNTY CLERK'S OFFICE
-
2 of 2
Preview
INDEX NO. 612899/2019 NYSCEF DOG. NO. ‘18 > RECEWED NYSCEF: 09/26/2019 COURTESY COPY pom ORIGINAL VA ECE Atan JAS Part © ‘of the Supresiie -——___/ _Gourt of the County of Nassau, at the Courthouse, located at 100 Supreme Court Drive. } incola, New York, on the 261 ty of September, 2019. PRESENT HON Ramdy Sue Mar ber OTION SEQUENCE # C0! Supreme C ORIGINAL RETURN pate 1 (28 (9 TRUE NORTH AQUISITIONS, LLC revier ORT ZY # Petitioner-Plaintiff, ORDER TO SHOW CAUSE -against- TOWN OF HEMPSTEAD, TOWN OF HEMPSTEAD Index No.: 612899/2019 BUILDING DEPARTMENT, JOHN E. ROTTKAMP, personally and in his official capacity as the Commissioner of the Town of Hempstead Building Department, CHARLES KOVIT, personally and in his official capacity as the Chief Deputy Town Attorney of the Town of Hempstead. Respondents-Defendants. PLEASE TAKE NOTICE that upon the annexed Affidavit he McCarthy, sworn to on Kptember 17, 2019, the Affirmation of Craig Biscone, Esq. dated September 17, 2019, the the approrarte of counsel om behalf? of Nassar lon Planning Commation, Patrick Collate & Affirmation of Christian Browne, Esq. dated September 18, 2019,and the exhibits annexed thereto; $ ge and upon the accompanying Verified Petition/Complaint, dated September 18, 2019, and the exhibits and 2 ore record of A/ia/iq ard AASA4, attached thereto; sand due deliberation having been had thereon and sufficient cause appearing therefor, it is i ENTERED IN COMPUTER} CN 1 of 2 (FILED: NASSAU COUNTY CLERK 09/26/2019 I1:53 AM INDEX NO. 612899/2019 NYSCEF BOC. NO ‘18 ¥ RECELVED NYSCEF: 09/26/2019 , ORDERED, that the Respondents-Defendants, show cause at the Nassau County Supreme Court, IAS Part Xx 100 Supreme Court Drive, Mineola, New York, on the Q3sey ofOctober 2019, at 9:30 a.m., or as soon thereafter as counsel can be heard, why an Order pursuant to CPLR §§ 6301 and 7805 should not be entered during the pendency of this hybrid proceeding/action: (i) enjoining, restraining and staying the Respondents-Defendants, and their agents, servants, employees, contractors, and/or all other persons or entities acting on their behalf or in concert with them, from enforcing an order dated March 28, 2019 suspending building permit number 01412232; and (ii) for any such further and other relief that the Court deems just and proper. IT IS FURTHER ORDERED, pursuant to CPLR §§ 6313 and 7805, that pending the hearing and-detewmminetion of Plaintiff's Order to Show Cause seeking a preliminary injunction, the Respondents-Defendants, and their agents, servants, employees, contractors, and/or all other persons {ee or entities acting on their behalf or in concert with them are hereby enjoined and prohibited from enforcing an order dated March 28, 2019 suspending building permit number 201412232 SUFFICIENT REASON APPEARING THERFOR, LET service ofa copy of this Order, Bnd POW Counsel for Proprsed imbervenoes, Cherles Bisune, Eigt uns fe Rast. 9 Pee together with the papers. upon which it is granted, upon, Ce ol for, the Town of Hempsteag, 2 as 4-"*iL 2103 OW,@) orl) ~ pursuant to CPLR § SEERRRS on or before 2019, be deemed good and “hry sl Proot of service must be filed with sufficient service thereof. the court prlor to the return date Personal appearances on the return date are required ENTER ENTERED Mev IS.C. Sep 26 2019 HON, RANDY SUE MA RBER NASSAU COUNTY COUNTY CLERK'S OFFICE - 2 of 2