Preview
FILED: NEW YORK COUNTY CLERK 06/19/2019 11:29 AM INDEX NO. 450914/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------- x Index No.
CITY OF NEW YORK, SUMMONS
Plaintiff, Date filed:
Plaintiff designates New York
County as the place of trial.
v.
NORMA JIMENEZ,
Defendant.
___________________-----..----_____-________________----------------- X
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your answer or, ifthe complaint is not served with this summons, to serve a notice of
appearance, on Plaintiff's attorneys, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER
LLP, 1133 Westchester Avenue, White Plains, New York, 10604, Attn: William J. Cortellessa, 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 thissummons is not personally delivered to you within the State of New York);
and in case of your failure to appear or answer, judgment will be taken against you by default for the
reliefdemanded in the complaint.
The basis of venue isCivil Practice Law and Rules §503(a)
Dated: Tue R 2cW
WILSON, ELSER, MOSKOWIT7, EDELMAN & DICKER LLP
Special Assistant Corporation Counsel of the City of New York
Attorneys for the Ciy of New York
1133 Westchester Avenue
White Plains, New York 10604
Attn: William J. Cortellessa, Esq.
Tel. No.: 914-872-7384
Fax. No.: 914-323-7001
File No. 26500.06138
E-Mail: William.Cortellessa@wilsonelser.com
To: NORMA JIMENEZ
24-06 87 STREET
EAST ELMHURST, NY 11369
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------- -- --------------------------- X
CITY OF NEW YORK,
VERIFIED COMPLAINT
Plaintiff,
Index No.
v.
NORMA JIMENEZ,
Defendant.
----------__ __----------____------------------------------------------ X
Plaintiff, City of New York ("City"), by its attorneys, Wilson, Elser, Moskowitz, Edelman &
Dicker, LLP, Special Assistant Corporation Counsel for the City of New York, for its complaint
against defendant NORMA JIMENEZ, on personal knowledge as to facts relating to the City of New
York and on information and belief as to other allegations, respectfully alleges as follows:
1. Plaintiff City of New York was and is a municipal corporation organized and existing
pursuant to the laws of the State of New York.
2. The New York City Office of Administrative Trials and Hearings ("OATH") was and
is an agency of the City and maintains its principal place of business located at 100 Church Street,
New York, New York.
3. Pursuant to New York City Charter section 1049-a and § 6-01 of Title 48 of the Rules
of the City of New York ("RCNY"), the Environmental Control Board ("ECB") was and is
established within OATH as part of the OATH Hearings Division. ECB maintains itsprincipal office
and place of business at 66 John Street, New York, New York 10038.
4. NORMA JIMENEZ (the "Defendant") was and is a natural person and resident of the
State of New York with an address of 24-06 87 Street East Elmhurst, NY 11369.
5. Venue is proper in New York County pursuant to Civil Practice Law & Rules §503(a).
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6. A Summons and Commissioner's Order, Summons Number 035125672J, dated May
2017 issued the New York DOB - NYC Department of Buildings was served on
25, by City
Defendant in accordance with the rules of that Department and directed Defendant to appear for a
hearing before the OATH Hearings Division on January 23, 2018.
7. A was held on 2018 and in accordance with 48 RCNY 6-
hearing January 23, §
17(c)(3), the Environmental Control Board adopted the decision rendered by the OATH Hearings
Division on January 25, 2018, finding Defendant in violation, and assessing a penalty in the amount
of $41,400.00.
8. OATH Hearings Division sent Defendant a copy of itsdecision by first class mail.
9. No part of the penalty has been paid although due and duly demanded.
10. In accordance with 48 RCNY § 6-19(c), Defendant's time to seek to an administrative
appeal of the hearing decision has expired, thereby rendering the January 25, 2018 decision the
Environmental Control Board's final determination on the matter. By this action, the City seeks to
enforce the penalty, as authorized by New York City Charter § 1049-a(d)(3).
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WHEREFORE, the City demands judgment against the Defendant in the amount of the
penalty imposed, for the sum of $41,400.00, costs and disbursements of this action; and such other
relief as this Court may deem just and proper.
Dated: h g, 20,
Wilson, Elser, Moskowitz, Edelman & Dicker LLP
Special Assistant Corporation Counsel of the
City of New York
Attorneys for the City of New York
1133 Westchester Avenue
White Plains, New York 10604
Tel. 914-872-7129
Fax. 914-323-7001
File Number: 26500.06138
By:
William J. Cortellessa
As Special Assistant Corporation Counsel
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VERIFICATION
STATE OF NEW YORK )
) SS.:
COUNTY OF WESTCHESTER )
William J. Cortellessa, being duly sworn, deposes and says that he is of counsel to the firm
of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Special Assistant Corporation Counsel to the
office of Zachary W. Carter, Corporation Counsel of the City of New York; that the City of New York
is the plaintiffin the within action; that the allegations in the Complaint are true to his knowledge, except
as to those matters alleged upon information and belief;that the matters alleged therein upon information
and belief, he believes to be true; and that the basis of his knowledge is the books and records of the
plaintiff and/or statements made to him by officers or employees thereof. This verification is not made
by the plaintiff because the plaintiff is a municipal corporation.
William J. Cortellessa
Special Assistant Corporation Counsel
Sworn to before me this
of hf6( WALTER OEHM
day , 201Î.
NOTARY PUBLIC-STATE OF NEW YORK
No. 010E6364920
Qualified inRockland County
My Commission Expires 09-25-2021
Notary Public
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Preview
FILED: NEW YORK COUNTY CLERK 06/19/2019 11:29 AM INDEX NO. 450914/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------- x Index No. CITY OF NEW YORK, SUMMONS Plaintiff, Date filed: Plaintiff designates New York County as the place of trial. v. NORMA JIMENEZ, Defendant. ___________________-----..----_____-________________----------------- X TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer or, ifthe complaint is not served with this summons, to serve a notice of appearance, on Plaintiff's attorneys, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, 1133 Westchester Avenue, White Plains, New York, 10604, Attn: William J. Cortellessa, 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 thissummons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the reliefdemanded in the complaint. The basis of venue isCivil Practice Law and Rules §503(a) Dated: Tue R 2cW WILSON, ELSER, MOSKOWIT7, EDELMAN & DICKER LLP Special Assistant Corporation Counsel of the City of New York Attorneys for the Ciy of New York 1133 Westchester Avenue White Plains, New York 10604 Attn: William J. Cortellessa, Esq. Tel. No.: 914-872-7384 Fax. No.: 914-323-7001 File No. 26500.06138 E-Mail: William.Cortellessa@wilsonelser.com To: NORMA JIMENEZ 24-06 87 STREET EAST ELMHURST, NY 11369 - 4 - 7639281v.1 1 of 5 FILED: NEW YORK COUNTY CLERK 06/19/2019 11:29 AM INDEX NO. 450914/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------- -- --------------------------- X CITY OF NEW YORK, VERIFIED COMPLAINT Plaintiff, Index No. v. NORMA JIMENEZ, Defendant. ----------__ __----------____------------------------------------------ X Plaintiff, City of New York ("City"), by its attorneys, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Special Assistant Corporation Counsel for the City of New York, for its complaint against defendant NORMA JIMENEZ, on personal knowledge as to facts relating to the City of New York and on information and belief as to other allegations, respectfully alleges as follows: 1. Plaintiff City of New York was and is a municipal corporation organized and existing pursuant to the laws of the State of New York. 2. The New York City Office of Administrative Trials and Hearings ("OATH") was and is an agency of the City and maintains its principal place of business located at 100 Church Street, New York, New York. 3. Pursuant to New York City Charter section 1049-a and § 6-01 of Title 48 of the Rules of the City of New York ("RCNY"), the Environmental Control Board ("ECB") was and is established within OATH as part of the OATH Hearings Division. ECB maintains itsprincipal office and place of business at 66 John Street, New York, New York 10038. 4. NORMA JIMENEZ (the "Defendant") was and is a natural person and resident of the State of New York with an address of 24-06 87 Street East Elmhurst, NY 11369. 5. Venue is proper in New York County pursuant to Civil Practice Law & Rules §503(a). 7639281v.1 2 of 5 FILED: NEW YORK COUNTY CLERK 06/19/2019 11:29 AM INDEX NO. 450914/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2019 6. A Summons and Commissioner's Order, Summons Number 035125672J, dated May 2017 issued the New York DOB - NYC Department of Buildings was served on 25, by City Defendant in accordance with the rules of that Department and directed Defendant to appear for a hearing before the OATH Hearings Division on January 23, 2018. 7. A was held on 2018 and in accordance with 48 RCNY 6- hearing January 23, § 17(c)(3), the Environmental Control Board adopted the decision rendered by the OATH Hearings Division on January 25, 2018, finding Defendant in violation, and assessing a penalty in the amount of $41,400.00. 8. OATH Hearings Division sent Defendant a copy of itsdecision by first class mail. 9. No part of the penalty has been paid although due and duly demanded. 10. In accordance with 48 RCNY § 6-19(c), Defendant's time to seek to an administrative appeal of the hearing decision has expired, thereby rendering the January 25, 2018 decision the Environmental Control Board's final determination on the matter. By this action, the City seeks to enforce the penalty, as authorized by New York City Charter § 1049-a(d)(3). - 2 - 7639281v.1 3 of 5 FILED: NEW YORK COUNTY CLERK 06/19/2019 11:29 AM INDEX NO. 450914/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2019 WHEREFORE, the City demands judgment against the Defendant in the amount of the penalty imposed, for the sum of $41,400.00, costs and disbursements of this action; and such other relief as this Court may deem just and proper. Dated: h g, 20, Wilson, Elser, Moskowitz, Edelman & Dicker LLP Special Assistant Corporation Counsel of the City of New York Attorneys for the City of New York 1133 Westchester Avenue White Plains, New York 10604 Tel. 914-872-7129 Fax. 914-323-7001 File Number: 26500.06138 By: William J. Cortellessa As Special Assistant Corporation Counsel - 3 - 7639281v.1 4 of 5 FILED: NEW YORK COUNTY CLERK 06/19/2019 11:29 AM INDEX NO. 450914/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2019 VERIFICATION STATE OF NEW YORK ) ) SS.: COUNTY OF WESTCHESTER ) William J. Cortellessa, being duly sworn, deposes and says that he is of counsel to the firm of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Special Assistant Corporation Counsel to the office of Zachary W. Carter, Corporation Counsel of the City of New York; that the City of New York is the plaintiffin the within action; that the allegations in the Complaint are true to his knowledge, except as to those matters alleged upon information and belief;that the matters alleged therein upon information and belief, he believes to be true; and that the basis of his knowledge is the books and records of the plaintiff and/or statements made to him by officers or employees thereof. This verification is not made by the plaintiff because the plaintiff is a municipal corporation. William J. Cortellessa Special Assistant Corporation Counsel Sworn to before me this of hf6( WALTER OEHM day , 201Î. NOTARY PUBLIC-STATE OF NEW YORK No. 010E6364920 Qualified inRockland County My Commission Expires 09-25-2021 Notary Public - 5 - 7639281v.1 5 of 5