Motion-Secondary: The New Hope Missionary Baptist Church, Inc. v. New York State Attorney General

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                INDEX   NO.   507138/2014
NYSCEF   DOC.   NO.   96                                                                    RECEIVED   NYSCEF:    12/01/2016




                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF KINGS
                 Sc                a      tiga

                IN THE MATTER OF THE APPLICATION OF

                THE NEW HOPE MISSIONARY BAPTIST

                CHURCH, INC., a Religious Corporation,                         AFFIRMATION IN SUPPORT

                                                       Petitioner,

                                                                               Index No: 507138/2014

                To Sell, Transfer and Convey its Real Property

                Situate in the County of Kings, State of New York
                reactance
                    ion eneiSaneRT!

                STATE OF NEW YORK)

                COUNTY KINGS           )SS.:
                B. MITCHELL ALTER, ESQ., being an attorney duly admitted to practice before the

                Courts of the State of New York hereby affirms the following under the penalty of

                perjury:



                1. Lam the appeal counsel for Famek Management Corp (Famek) and as such am

                fully familiar with the facts.   | submit this affirmation in support of the instant motion to

                hold Maor in contempt of Court, allow management by Famek and stay any further

                transfer and enforcement of the Deed to Eli Maor dated August 18, 2016, recorded on

                September 1, 2016.



                2. As this Court is aware, a stay was granted by this Court on September 2, 2016

                (Exhibit “A") and the Petitioner and Maor           made a motion in the Appellate Division to




                                                             1 of    3
vacate the temporary restraining Order and preliminary injunction which said relief was

denied by the Appellate Division (See Exhibit “C" and “D".



3. |, on behalf of Famek, along with Jason Levine from Thomas Torto's law office on

behalf of Maor and Petitioner appeared on the return date of this motion at the

courtroom of Justice Jimenez-Salta.    The Judge was not there.

4. Jason Levin, Esq., the petitioner's attorney, did not want to adjourn the matter for

the court to hear the case. He was in a hurry to submit the papers for the court's

review.

5. At his request, the Judge's Part clerk marked the matter submitted.       At no time was

there any argument nor any hearing of the motion.        As such, the stay continues.

6. Subsequently, Angelyn Johnson, counsel for Famek sent me a copy of the housing

Court motion filed by the Stark Law firm seeking relief in an eviction proceeding.      |

immediately wrote to Mr. Ampov from the Stark Law firm and informed him that there

was never a hearing and that the stay continues.       | further called Thomas Torto's office

and spoke to Mr. Torto informing him that there was no hearing.        Mr. Torto informed me

that he had to consult with Mr. Levine and would call me back.        To date, neither Mr.

Levine nor Mr. Torto has called me back although | have left messages for them.

7. | further emailed Mr. Ampov and informed him that the stay continued and that

there was no hearing.    See Exhibit “H".   Despite my efforts, it appears that Petitioner

and Maor intend to willfully violate the stay.



7. No prior application for the relief requested has been previously made except for

what is herein stated.




                                            2 of   3
WHEREFORE, it is respectfully requested that the motion be granted and for such other

and further relief as this Court deems just and proper.



Dated:   Brooklyn, New York
         December    1, 2016

                                                              fo     =—

                                                          B. MITCHELL ALTER, ESQ.




                                         3 of 3