Preview
FILED: KINGS COUNTY CLERK 02/24/2021 03:51 PM INDEX NO. 504433/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/24/2021
At Individual nment Part 7 1
Assig
at the Supreme Co rt of the State of
New York, held in and for the
County of Kings, City and State of
New York, at the C>urthouse located
at 360 Adams Street, Brooklyn, New
York on the24 day of
2021.
PRESENT: 0 ½
Justice,Ep,d Coaof
THE CITY OF NEW YORK,
ORDER TO SHOW CAUSE
Plaintiff
Index No.:
•against-
THE LAND AND BUILDING KNOWN AS 144
WYCKOFF AVENUE, TAX BLOCK #3270 TAX
LOT #38, COUNTY of KINGS, CITY and STATE
DOE"
of NEW YORK; GUNG DA INC.; JOHN
DOE,"
and "JANE fictitiously named yarties, true
names unknown, the intcñdcd being the owners,
lessees, operators or occupants of the unmarked left
side apartment within the second floor of the
residential building located at 144 Wyckoff
Avenue, New York; and any person claiming any
right, title.or interest in the real property which is
the subject of thisaction,
Upon reading and filing the annexed affir=±tien of ":h:ricd D. Qupshi, Esq., dated
February 23, 2021; the affidavit of Undercover Officer Number C0157, sworn t¢ on February 23,
2021; together with the exhibh; and the Sir and Verified Complaint, †erified by Mary
!
O'Sullivan, Esq., on February 22, 2021,
LET the defendants or their attorneys Show Cause before thisCourt at L S. Part of
the Court, Room , tobe held at the Courthouse, 360 Adams Street, Coun of Kings, City
1 of 3
FILED: KINGS COUNTY CLERK 02/24/2021 03:51 PM INDEX NO. 504433/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/24/2021
and State of New York, on the day of 2021, at 9t30 o'clock in the forenoon
of that day or as soon thereafter as counsel can be heard,
an order should not be made pursuant to Sectiera 7-707, 7-709, 7 710 and 7-71 1 of
Why
the New York City Admiñisative Code and Sections 6301 and 6311 of the Civil Practice Law
and Rules enjoining defêñdsñts, theiragents, employees and/or representatives, and allpersons
acting individually or in concett with them, during the pcñdcacy of this action:
A. From the use and/or occupancy of the unmarked left side aps twent within the
second floor of the residential building located at 144 Vyckoff Avenue,
Brooklyn, New York, (hercinañêr "subject premises") f r any purpose
whatsoever and directing thatsaid premises shall be closed;
B. Frem removing or in any other memer interfering with the Ern :c, fixtures and
m0vable property used in conducting, indñªà ñing or prit ng the nwisance
complained of herein;
C. From conducting, maieMng, operating or penining the subj t premises to be
used or occupied for the purpose of pronuuGun or for any other activity in
viciatica of Article 230 of the New York State Penál LawLand
D. From conducting or ind‡zlning a criminal tuicence within the subjec%premises
by allowing prñEistien which creates a criminal n‡±‡e pu uant to Section
240.45(2) of the New York State Penal Law.
Led
service of a copy of thi Order to Show
Cause, together with the papers upon which it is based and the and Verified
Sum%p
Complënt, be made upon defendants perscñâlly pursuant to CPLR § 308(1) or by leaving a
copy thereof with a person of afteble age and discretion at the subject pre ises pursuant to
2 of 3
FILED: KINGS COUNTY CLERK 02/24/2021 03:51 PM INDEX NO. 504433/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/24/2021
CPLR § 308(2) on or before the day of , 202I; and that thi be deemed good
to a person of suitabic age and discretion, a copy of the papers will be pos ed at the subject
premiscs and subsequently mailed o each defendañt at his or her lastkno n address by the
overnight mail on or before the day of , 202t
N E R
HON. Li A VTL Y, J. . .
3 of 3
Preview
FILED: KINGS COUNTY CLERK 02/24/2021 03:51 PM INDEX NO. 504433/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/24/2021 At Individual nment Part 7 1 Assig at the Supreme Co rt of the State of New York, held in and for the County of Kings, City and State of New York, at the C>urthouse located at 360 Adams Street, Brooklyn, New York on the24 day of 2021. PRESENT: 0 ½ Justice,Ep,d Coaof THE CITY OF NEW YORK, ORDER TO SHOW CAUSE Plaintiff Index No.: •against- THE LAND AND BUILDING KNOWN AS 144 WYCKOFF AVENUE, TAX BLOCK #3270 TAX LOT #38, COUNTY of KINGS, CITY and STATE DOE" of NEW YORK; GUNG DA INC.; JOHN DOE," and "JANE fictitiously named yarties, true names unknown, the intcñdcd being the owners, lessees, operators or occupants of the unmarked left side apartment within the second floor of the residential building located at 144 Wyckoff Avenue, New York; and any person claiming any right, title.or interest in the real property which is the subject of thisaction, Upon reading and filing the annexed affir=±tien of ":h:ricd D. Qupshi, Esq., dated February 23, 2021; the affidavit of Undercover Officer Number C0157, sworn t¢ on February 23, 2021; together with the exhibh; and the Sir and Verified Complaint, †erified by Mary ! O'Sullivan, Esq., on February 22, 2021, LET the defendants or their attorneys Show Cause before thisCourt at L S. Part of the Court, Room , tobe held at the Courthouse, 360 Adams Street, Coun of Kings, City 1 of 3 FILED: KINGS COUNTY CLERK 02/24/2021 03:51 PM INDEX NO. 504433/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/24/2021 and State of New York, on the day of 2021, at 9t30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard, an order should not be made pursuant to Sectiera 7-707, 7-709, 7 710 and 7-71 1 of Why the New York City Admiñisative Code and Sections 6301 and 6311 of the Civil Practice Law and Rules enjoining defêñdsñts, theiragents, employees and/or representatives, and allpersons acting individually or in concett with them, during the pcñdcacy of this action: A. From the use and/or occupancy of the unmarked left side aps twent within the second floor of the residential building located at 144 Vyckoff Avenue, Brooklyn, New York, (hercinañêr "subject premises") f r any purpose whatsoever and directing thatsaid premises shall be closed; B. Frem removing or in any other memer interfering with the Ern :c, fixtures and m0vable property used in conducting, indñªà ñing or prit ng the nwisance complained of herein; C. From conducting, maieMng, operating or penining the subj t premises to be used or occupied for the purpose of pronuuGun or for any other activity in viciatica of Article 230 of the New York State Penál LawLand D. From conducting or ind‡zlning a criminal tuicence within the subjec%premises by allowing prñEistien which creates a criminal n‡±‡e pu uant to Section 240.45(2) of the New York State Penal Law. Led service of a copy of thi Order to Show Cause, together with the papers upon which it is based and the and Verified Sum%p Complënt, be made upon defendants perscñâlly pursuant to CPLR § 308(1) or by leaving a copy thereof with a person of afteble age and discretion at the subject pre ises pursuant to 2 of 3 FILED: KINGS COUNTY CLERK 02/24/2021 03:51 PM INDEX NO. 504433/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/24/2021 CPLR § 308(2) on or before the day of , 202I; and that thi be deemed good to a person of suitabic age and discretion, a copy of the papers will be pos ed at the subject premiscs and subsequently mailed o each defendañt at his or her lastkno n address by the overnight mail on or before the day of , 202t N E R HON. Li A VTL Y, J. . . 3 of 3