Preview
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
SUPREME COURT OF THE ST ATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------)(
In the Matter of the Application of
SOUTHBRIDGE TOWERS,
Petitioner,
Index No. 157339/19
For a Judgment under Article 78 of
the Civil Practice Law and Rules,
- against -
NEW YORK ST ATE DIVISION OF
HOUSING AND COMMUNITY RENEW AL,
Respondent.
---------------------------------------------------------------)(
Part 1 of2
TRANSCRIPT OF THE RECORD OF
ADMINISTRATIVE PROCEEDINGS
DO NOT FILE WITH THE COUNTY CLERK
THIS TRANSCRIPT IS CERTIFIED AS A TRUE AND
ACC URA TE COPY OF THE ORIGINAL RECORD WHICH IS
FILED WITH THE COURT PURSUANT TO CPLR 7804
LETITIA JAMES
ATTORNEY GENERAL OF THE
STATE OF NEW YORK
Attorney for Respondent
28 Liberty Street
New York, New York 10005
(212) 416-8108
JONATHAN CONLEY
ASSISTANT ATTORNEY GENERAL
RETURN TO THE NYS ATTORNEY
GENERAL AT THE ADDRESS ABOVE
OR CALL THE NUMBER ABOVE
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
INDEX TO RETURN
Part 1 of 2
A. PROCEEDINGS BEFORE THE NYS DIVISION OF HOUSING - OFFICE OF
LEGAL AFFAIRS, MITCHELL-LAMA APPEALS UNIT
A-1. Letter from DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit to the
applicant's Attorney requesting the correct mailing address of their office. Letter dated
August 28, 2014.
A-2. Letter from DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit to the
Southbridge Towers Attorney requesting additional infonnation to process the appeal.
Letter dated September 4. 2014.
A-3. Letter from applicant's attorney to DHCR Office of Legal Affairs - Mitchell-Lama
Appeals Unit confinning their correct mailing address. Letter dated September 16, 2014
and received on September 19, 2014.
A-4. Applicant's submission to DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit.
Received on July JO, 2014.
Part 2 of 2
A-5. Documents submitted by Southbridge Towers to DHCR Office of Legal Affairs -
Mitchell-Lama Appeals Unit. Received on July 16, 2014.
A-6. Letter from the Housing Company's Attorney to DHCR Legal Bureau, Office of Legal
Affairs submitting the 2012 and 2012 Income Affidavits for the subject premises as well
as the lease for the subject premises. Received on September 22, 2014.
A-7. DHCR - Otlice of Legal Affairs letter dated September 23, 2014 to the Housing
Company's Attorney acknowledging receipt of their submission on September 16, 2014.
A-8. Letter from the Housing Company's Attorney to DHCR Legal Bureau dated September
29, 2015 requesting a decision to be rendered without delay. Received on October 1,
2015.
A-9. Letter from DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit dated October
28, 2015 notifying the applicant that the housing company is no longer under DHCR
jurisdiction.
A-10. Letter from the applicant's attorney to DHCR Office of Housing Management infonning
them that the subject premises address needs to be corrected and requesting an amended
order. Received on December 24, 2015.
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
A-11. Letter from DHCR - Office of Legal Affairs, Mitchell-Lama Appeals Unit dated
February 2, 2017 to the applicant's attorney requesting additional information regarding
the applicant's tenancy.
A-12. Letter from applicant's attorney dated March 20. 2017 responding to DHCR Office of
Legal Affairs letter requesting additional information regarding the applicant's tenancy.
Received on March 22, 2017.
A-13. DHCR order reopening and granting appeal of Gabriella Pireno. Issued on April 3, 2019.
Date of Certification, April 3, 2019.
Pireno Relum/Stella.h/db:g/l I. I. l 9
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
Part 1 of 2
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
A. PROCEEDINGS BEFORE THE NYS DIVISION OF HOUSING - OFFICE OF
LEGAL AFFAIRS, MITCHELL-LAMA APPEALS UNIT
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
A-I. Letter from DHCR Ofiice of Legal Affairs - Mitchell-Lama Appeals Unit to the
applicant's Attorney requesting the correct mailing address of their office. Letter dated
August 28, 2014.
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
.A
NEW YORK STATE
Homes&
ANDREW M. CUOMO
GOVERNOR
Community DARRYL C. TOWNS
Renewal COMMISSIONER/CEO
)..:E\\" YORK ST.\ TE
Dl\"lSJO'-: OF HOL:si:-.G
& CO\l.\!L'.'ITY
RE........:E\~".\L 28 August 2014
l-!OL.:SL'\'.G
TRUST FL'\D
CORPOR>\110.-...: JEFFREY KLARSFELD, ESQ.
ST.\TF.. OF Platte, Klarsfeld, Levine & Lachtman, LLP
>-:C\l/ YORI-.: .\!ORTG:\GE
:\GE:-.CY 1.0 East 40 1h Street, 46 1h Floor
;-.;EW YOR~ ST\TE New York, NY 10016-0200
HOL"S!:-.:C, l'L".\SCE
:\GE:--.CY
:"'.E\\' 'ORK ST\TE Re: Matter of GABRIELLA Pf RENO [Southbridge Towers, Inc.].
,\ff-URO \BLE HOCS!'\G
CORPOR.\TlO'\.
ST.\TE OF Dear Mr. Klarsfeld:
:-.:El.\"' ORK \1l"'\ICIP.\l.
HO-...:D B.\:-.:J.:. .\(; E\.CY
TOB:\CCO SETTLE.\fE'=TPreviously, the Office of Legal Affairs sent a notice dated August 18, 2014 to
i-:r-...: .-\:'\.Cl'\G
CORPOR.\T?O-..: your office. That notice included a copy of the housing company's submission.
The Postal Service returned that item to the Office of Legal Affairs, with the
notation "not deliverable as addressed - unable to forward."
Nevertheless, the Office of Legal Affairs_ received your responsive affirmation
dated August 21, 2014. Please confirm that the Office of Legal Affairs has the
correct mailing address for your office.
This letter includes a copy of the earlier notice. If you want to amplify any
point from your affirmation based on that notice, please include that with your
confirmation of your office address.
Please submit that material to the following address: 38-40 State Street,
Room 516N, Albany, NY 12207-2837 within ten [10] days after the date of this
letter.
The Office of Legal Affairs thanks you for your attention to this matter.
Very truly yours,
Office of Legal Affairs
Mitchell-Lama Appeals Unit
cc: Joey E. Pegram, Esq.
Gutman, Mintz, Baker & Sonnenfeldt, P.C.
813 Jericho Turnpike
New Hyde Park, NY 11040 G:\M-L\pireno1.co4.docx
38-40 State Streel, Albany, NY 12207
nyshcr.org
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
A-2. Letter from DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit to the
Southbridge Towers Attorney requesting additional information to process the appeal.
Letter dated September 4, 2014.
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
.A
NEW YORK STATE
Homes&
ANDREW M. CUOMO
GOVERNOR
Community DARRYL C. TOWNS
Renewal COMMISSIONER/CEO
'."E~·
YORK ST..\TE
DI\ 1sro-...: ()F HOL"SIS"G
& CO.\t.\11.:-.:rn·
R£'\;E~':\L 4 September 2014
!IOL:s1:SG
TRL"ST Fl:"O
CORPOR.>.TIO:-. JOEY E. PEGRAM, ESQ.
ST:\TE OF Gutman, Mintz, Baker & Sonnenfeldt, P.C.
'-'.E\l' YORK .\IORTGAGE
•.\GE.:-.:CY 813 Jericho Turnpike
'.'EU' YORK ST:\TE New Hyde Park, NY 11040
HOUSl'\:G Fl--:-\-..:CE
.-\GE:-.CY
'\;E\l' YORK ST.\TE Re: Matter of GABRIELLA PIRENO [Southbridge Towers, Inc.].
\Ff"ORD.\BLE 1roL:s1sG
CORPOR..\110\.;
ST.\TE OF Dear Ms. Pegram:
'.'\.!-:\\' YOR!-: \ICS"!CIP:\L
BO:-..D B \_\;K .\GES"CY
The Office of Legal Affairs is processing the above-referenced
TOB.\CCO SETTLE:'. appeal and is in receipt of the housing company's answer.
The purpose of this letter is to request additional documentation.
Please submit copies of the following items: the calendar year 2011 annual
affidavit for 100 Beekman Street, apartment "6/17A;" the tenant-of-record's
application to transfer from that unit to the subject apartment and the
associated form "HM-14;" the subject apartment's occupancy agreement; the
tenant's "Preliminary Application," with a complete date stamp; and, the
subject apartment's calendar year 2012 and 2013 annual affidavits.
Please submit those items in duplicate to the following address: 38-40 State
Street, Room 516N, Albany, NY 12207-2837 within ten [10] days after the date
of this letter.
The Office of Legal Affairs thanks you for your attention to this matter.
Very truly yours,
Office of Legal Affairs
Mitchell-Lama Appeals Unit
cc: JEFFREY KlARSFELD, ESQ.
Platte, Klarsfeld, Levine & Lachtman, LLP
10 East 4o'h Street, 46'h Floor
New York, NY 10016-0200
G:\M-L\pireno1.co5.docx
38-40 State Street, Albany, NY 12207
nyshcr.org
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
A-3. Letter from applicant's attorney to DHCR Office of Legal Affairs - Mitchell-Lama
Appeals Unit confirming their correct mailing address. Letter dated September l 6, 2014
and received an September 19, 2014.
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
PLATTE, KLARSFELD, LEVINE & LACHTMAN, LLP
ATTORNEYS AT U.W
I 0 EAST 40TH STREET, 46TH FLOOR
NEW YORK, NEW YORK 10016
TELEPHONE (212) 889-0707
JEFFREY M. PU.lTE FACSIMILE: (212) 889-9401 OF COUNSEL
JEFFREY H. KL\RSFELD WW\'Y'.PKLL-1.AW.COM LEON S. SEGEN'
DAVID E. l£VINE* BRIAN S. COHEN*
DAVID R. U.CHTMAN WRITER'S INFORMATION
LEE B!ALOSTOK •
•MEMBER NY AND CT BAR (212) 726-4423
•MEMBER NY AND NJ BAR
jklarsfeld@plattelaw.com
September 16, 2014
NYS Homes and Community Renewal
Hampton Plaza
38-40 State Street
Room 516N
Albany, New York 12207
Re: Occupant: Gabriella Pireno (lhe "Applicant")
Landlord: Southbridge Towers, Inc. (the·"Housing Company")
Premises: 90 Gold Street, Apt. l5N, New York, New York (the "Premises")
Tenant: Brian Fitzgerald (the "Tenant")
Dear Sir/Madam:
I am in receipt of your August 28, 2014 letter.The address you have on file, which is also
the address on the top of this Jetter, is correct. I do not know why your August ·18, 2014 letter
was returned as undeliverable. . ··
At this point, I will assume you do not require any additional sp ific information from
the Applicant. If you do, or if you have any questions, please do not he · ate to contact me.
bmitted,
cc: Ms. Gabriella Pireno
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
A-4. Applicant's submission to DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit.
Received on July I 0, 2014.
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
. ,
.......
PLATTE, KLARsFELD, LEVINE & LACHTMAN, LLP
ATTORNEYS AT !AW
I 0 EAsr 40TH STREF:r, 46TH FLOOR
NEW Yo!U<, NEW YORK 10016
TELEPHONE (212) 889-0707
JEFFREY M. PlATTE fACS!Mll.E: (212) 889-9401 OP COUNSEL
JEFFREY H. K!ARSFELD WWW.PKU.-1.AW.COM LEON S. SEGEN'
DAVID E. LEVINE• BRIAN S. COHEN•
DAVID R. lACHTMAN WRITER'S INFORMATION
LEE BIALOSfoK•
,.MEMBER NY AND CT BAR (212) 726-4423
•MEMBER NY AND NJ BAR jklarsfeld@plattelaw.com
July 10, 2014 .·
NYS Homes and Community Renewal
Hampton Plaza
38-40 State Street
;\lbany, New York 12207
Attn: Office of Legal Affairs
Re: Occupant: Gabriella Pireno (the "Applicant")
Landlord: Southbridge Towers, Inc. (the "Housing Company")
Premises: 90 Gold Street, Apt. 15N, New York, New York (the "Premises")
Dear Sir/Madam:
This office represents the Applicant. On June ll, 2014, the Housing Company denied
the Applicant's Application for Succession, as per the letter attached hereto. The Applicant
seeks to file an appeal of this denial. A copy of the Applicant's Application for Succession is
enclosed herein.
Therefore, the Applicant respectfully requests that you open a file on this matter and
establish a schedule for the Applicant to submit the documentation in support of her appeal.
/
If you have any questions or problems, please do not hesitate contact me. Tharik you
for your time and· consideration of this matter. ·
cc: Ms. Gabriella Pireno
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
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FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. ..
NO. 20
.· ..
RECEIVED NYSCEF: 11/07/2019
.SOUTHBRIDGE TOWERS, INC.
90 Beekman Street . New York, New York 10038 Tel.:
.· (212) 267-6190 Fax: (212)"267~8995
PRELIMINARY SUCCESSION ·IDGHTS
APPLICATION ... -
- -
I have enclosed a check for $250.00 payable to Southbridge Towers, Inc. as a NON-
REFUNDABL:~ .administrative fee. 9~ (please initial)
..':'· •
PLEASE PR.WT:
1. Applicant Name. {je bti t/k .J1(e"1(}
Building: 10 Go (J Sh:J Apartment No:.__.1- /=
s :-·_Aj~----
Succession applicant move in date: - - -- --
u\l . . '1-
Home telephon.e: . I1 Other telephone: - -- - - - - - · _. _. _
Relations~p to out-going sharehol!ier: -.i-p.Lla~(_;fvvl....:..
. ~i...._
_ _ _ _ _ __ _._· _ _ ,,_·
:: :
Ar~ you: (Check only if applies) _ _ Disabled - _ _ 62 years of ag~ or-~l~er _··...
2: Out-going Shareholder: 3ti!f\ fug< i'
. Inc . to transfer ownership of I.he apartment to me aod IS subjecno the appro~al of the
New York State Division of Housing and Com.m unityRenewal. i aJso understand thal T
will be ' le · ;vide documenlalion ve1ification of the statements made herein
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
Family composition
EmP-loyed No
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Pcrsoo.s to Reside in Apartrnent__-r_;l:le:_Ta"--tt....:.. _ _:O:_c..::...cu=a;.;.;.tio~·n=---..,-.....,.-__:S....:.o..:..;ci;::a~lS::..:e:..:c:.::
W1:..:::.".L..:.:.#.-..,.----...::...:..:=~=..:..:=:::!..:::::.:._:;;:...:::!:.:h;;::.i..::~--~--'
Head of Household
L fu6_\Jy\d~ "f\.[GV\O SELF
3. .!..
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4.
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5. Sw
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6. To1
---~-~~~-~~----'-~--=~....,.--...._
Family Income:
_ _._,___,__~-'::---,.,...a.-,~--------'----,------L---~·-------~---------1
If income tax returns were filed last year complete Part A "Family Income-Taxpayers", HOWEVER if your income was such that NO Tax Return was
$_
M2
Filed, complete Part B "faonly Income and v authorile doductions liom my salary of the amoWlt mquired, if any, for the Insurance Indicated. This authori·
1ation will be in effatt until rtv11ud in writing, Medical and dental insurance deduction is paid on a pre·tax basis
unless a waiver form is submitted. !See Benefits H1ndbooh for pre-.ax medical insurance deduction infonnalion.)
Dulll El!ec1iv1 Data \llsioll EfloclMi Data
Basic Ule/AD&D Elloi;tive Dote Optional lila/AD&D Elle ll1> Efftctl't• Dote Campu! locttion
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
Bank Account Payment
n.ty Profile
,.
Thank you for the payment. Please print this confirmation for your records.
My Account
My Ledger
Make A Payment BRIAN FITZGERALD Office:
90 GOlD STRE"E'T #15N Home:
Logout I
NEW YORK, NY 10038 FAX:
bfit%26@hotmail.com II
-~
Pin~no
Account Used: Gabriella XXXXXXX088 4/l~/2014
Payrnent Date:
Tr<.1ns.<.1ctio11 Numher fJ.:?-::cription Hlll,.JUilt
601532873 Maintenance (04/2014) $588.08
601532873 Surcharge (0412014) $294.04
Total Payment: $682.12
Grand Total: $662.12
PRC Management Corporation 240 Madison Avenue 9th Floor New York, NY 10016 Phone: (212) 585-0500 Ernail: info@prcny.com
.. . P'iim~IW!i!~
~[iWll~IWJ!M.UI
Copyright (c) 2011. All rigtits reserved.
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
5/11/2014 Southarrptai Village & Surrwnding Areas Nem. - Brian F .X Fitzgerald Of Manhattan Dies March 8- 27east
2 ~a Sl ~·01·
...ered bv The Southampton Press and The E11SI Hampton Press
News
Brian F .X. Fitzgerald Of Manhattan Dies March 8
Publication: The Southampton Pre!>S
Mar2,t, 2014 12:48 PM
01fi11iP.\1~ 1 J Mar 25, 2014 3:17 PM
Brian F.X. Fitzgerald died at home in
Manhattan on March 8. He was 36.
Born in Manhattan, he attended school in
Westchester and graduated from the State
University of New York at Plattsburgh in
2001. He was a weekend and summer
resident of Southampton and while in high
school and college worked at the
ENLARGE Southampton Bathing Corporation during
summer break. Survivors said he loved the
. Upload a Photo
beach, spending t'ime there with friends, and
often drove there just to look at the waves
in winter.
After graduation from college, he traveled across the country with his brother,
Stephen, and friends, eventually settling in Tahoe City, California, to work in the
outdoor recreation business. Before returning to Manhattan to work for the History
Channel, he lived in southern California, working for a short time in the m6tion picture
business.
About six years ago, Mr. Fitzgerald made a lifestyle change, becoming a dues-paying
member of the Iron Workers Union, Local 40, and spending most of his time working on
the rebuilding of the World Trade Center complex. He traveled with his family on a long-
planned trip to Ireland last September.
Mr. Fitzgerald is survived by his parents, Brendan and Lyn Fitzgerald; two brothers,
Charles and Stephen; ··an~·his ·partner,.Gabriella Plreno.
A funeral Mass was said on March 14 at the Basilica Parish of the Sacred Hearts of
Jesus and Mary in Southampton.
Funeral arrangements were under the direction of the Brockett Funeral Home in
Southampton.
http:/fNM>.t.27easlcom'ne....s/article_print.cfm?id=56079 1/2
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
5/11/2014 BRIAN FITZGERALD Obituary BRIAN FITZGERALD's Obituarybylhe New York Times.
BRIAN FITZGERALD
FITZGERALD-Brian F.X, suddenly on March 8, 2014. Oe\/Oted partner of Gabriella Pi reno; beloved son of Lyn and Brendan;
brother of Charles and Stephen. Proud member of Iron Workers Local 40. Reposing at Brockett Funeral Home, Inc.,
Southampton, NY, Wednesday 7-9pm; Thursday 2-4 and 7-9pm. Mass of Christian Burial at Basilica Parish of Sacred Hearts of
Jesus and Mary, Friday, 10:45am. In lieu of flowers, donations to Lead the Way Fund: www.leadthewayfund.org
Published in The New York Times on Mar.12, 2014
..--.-.
http:lNMw.legacy.comlobituarieslnytimes/obituary-print.aspX?n=brian-fitzgera\d&pid=1701297B2 1/1
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
5/20/2014 Outlook.com- btitz26@hotmail.com
Re: in class right now%E2%80o/o8F
Brian Fitzgerald 1/24/13 t··
To: gabriella pi reno 111
From: Brian Fitzgerald (~hotmail.com)
Sent: Thu 1/24/13 7:50 PM.
To: gabriella pireno ~gmail.com)
Ha, I was just about to ask u how u were feeli ng. We think the same.
I amok., but really don't feel lik~ going to work. Would love to be here
waiting for u when u got home.
Sent from my iPhone
On Jan 24, 2013, at 2:23 PM, "gabriella pireno" wrote;
> was going to call to see how you are doing but didn't want to wake you if
you were sleeping. i;m still fee l ing under che weather. would love to come
home and snuggle with you ...
https Jlsnt148.mail.li~.com'default.aspx?id=6485.S#tid=:crri3j3RF&n4hG~ClAmVYd5fA2&fict=flse.arch&srch:::1&slw;;=llMl&sdr=4&satt=O 1/1
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
412212014 Outlook com Print Message
Re: Wedding
From: Brian Fi~e rafd ~hotrnailcom)
Sent: Tue 6/25/13 11 :22 PM
To: Joe Goasalves a gmailcom)
Felt bad for missing it but just could not swing it Sure it was a good time.
Yes, am living with a giri her name is Gaby Pireno.
This is the 1st time I will have 4 day's in a row ott;in 3 years and Derek has to put his wedding right in the
middle. It is ok thought, will be good to see all u guy's.
U wearing black tie?
Sent from my iPbone
OnJun25, 2013, at 5:47 PM, "Joe Gonsalves"
Yo Yo Yo
what's going on? You didn't miss much in Vegas, good times but same trip different date. Lots of
money spent, same clubs etc ...
Sin.ce we talk so frequently I have no .idea ifyou have engaged or living with your girl? Or ifthere
is even a girl involved. Ifso can you please send me her name.
See you next week.
-Joe
Joseph W Gonsalves II
914--
httlJS://snt148.mail.11-.e.com'ol/mail .rtM;!PrintMessages?mlt=~us 1/1
FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019
4/2212014 Outlook.com Print Message
RE:
·- - - - --
From: Brian Fit.7gerald ~hotmailcom)
Sent: Mon 10/01/12 7:33 PM
To: anne tins ~hotmail.com)
no, i do very much. And i believe she is the one for me.
l just meant you meet people who are special to you through out life, and and for what ever reason things just
don't work out.
Your daughter is very cute. I think she looks a little like you. And if she has the personality like you, i am sme
she has a lot of spunk!
hotrnail.com
Subject:
Date: Mon, I Oct 2012 13:22:52 -0400
Was just thinking about something u said... .
U said we dont always marry who we love ... .
But I hope u do love your girlfiiend....
hUps1/snt148.mail.lhe.corrldJrrail.m.dPrintMessages'fn#:;eo-us
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FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 SUPREME COURT OF THE ST ATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------)( In the Matter of the Application of SOUTHBRIDGE TOWERS, Petitioner, Index No. 157339/19 For a Judgment under Article 78 of the Civil Practice Law and Rules, - against - NEW YORK ST ATE DIVISION OF HOUSING AND COMMUNITY RENEW AL, Respondent. ---------------------------------------------------------------)( Part 1 of2 TRANSCRIPT OF THE RECORD OF ADMINISTRATIVE PROCEEDINGS DO NOT FILE WITH THE COUNTY CLERK THIS TRANSCRIPT IS CERTIFIED AS A TRUE AND ACC URA TE COPY OF THE ORIGINAL RECORD WHICH IS FILED WITH THE COURT PURSUANT TO CPLR 7804 LETITIA JAMES ATTORNEY GENERAL OF THE STATE OF NEW YORK Attorney for Respondent 28 Liberty Street New York, New York 10005 (212) 416-8108 JONATHAN CONLEY ASSISTANT ATTORNEY GENERAL RETURN TO THE NYS ATTORNEY GENERAL AT THE ADDRESS ABOVE OR CALL THE NUMBER ABOVE FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 INDEX TO RETURN Part 1 of 2 A. PROCEEDINGS BEFORE THE NYS DIVISION OF HOUSING - OFFICE OF LEGAL AFFAIRS, MITCHELL-LAMA APPEALS UNIT A-1. Letter from DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit to the applicant's Attorney requesting the correct mailing address of their office. Letter dated August 28, 2014. A-2. Letter from DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit to the Southbridge Towers Attorney requesting additional infonnation to process the appeal. Letter dated September 4. 2014. A-3. Letter from applicant's attorney to DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit confinning their correct mailing address. Letter dated September 16, 2014 and received on September 19, 2014. A-4. Applicant's submission to DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit. Received on July JO, 2014. Part 2 of 2 A-5. Documents submitted by Southbridge Towers to DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit. Received on July 16, 2014. A-6. Letter from the Housing Company's Attorney to DHCR Legal Bureau, Office of Legal Affairs submitting the 2012 and 2012 Income Affidavits for the subject premises as well as the lease for the subject premises. Received on September 22, 2014. A-7. DHCR - Otlice of Legal Affairs letter dated September 23, 2014 to the Housing Company's Attorney acknowledging receipt of their submission on September 16, 2014. A-8. Letter from the Housing Company's Attorney to DHCR Legal Bureau dated September 29, 2015 requesting a decision to be rendered without delay. Received on October 1, 2015. A-9. Letter from DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit dated October 28, 2015 notifying the applicant that the housing company is no longer under DHCR jurisdiction. A-10. Letter from the applicant's attorney to DHCR Office of Housing Management infonning them that the subject premises address needs to be corrected and requesting an amended order. Received on December 24, 2015. FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 A-11. Letter from DHCR - Office of Legal Affairs, Mitchell-Lama Appeals Unit dated February 2, 2017 to the applicant's attorney requesting additional information regarding the applicant's tenancy. A-12. Letter from applicant's attorney dated March 20. 2017 responding to DHCR Office of Legal Affairs letter requesting additional information regarding the applicant's tenancy. Received on March 22, 2017. A-13. DHCR order reopening and granting appeal of Gabriella Pireno. Issued on April 3, 2019. Date of Certification, April 3, 2019. Pireno Relum/Stella.h/db:g/l I. I. l 9 FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 Part 1 of 2 FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 A. PROCEEDINGS BEFORE THE NYS DIVISION OF HOUSING - OFFICE OF LEGAL AFFAIRS, MITCHELL-LAMA APPEALS UNIT FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 A-I. Letter from DHCR Ofiice of Legal Affairs - Mitchell-Lama Appeals Unit to the applicant's Attorney requesting the correct mailing address of their office. Letter dated August 28, 2014. FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 .A NEW YORK STATE Homes& ANDREW M. CUOMO GOVERNOR Community DARRYL C. TOWNS Renewal COMMISSIONER/CEO )..:E\\" YORK ST.\ TE Dl\"lSJO'-: OF HOL:si:-.G & CO\l.\!L'.'ITY RE........:E\~".\L 28 August 2014 l-!OL.:SL'\'.G TRUST FL'\D CORPOR>\110.-...: JEFFREY KLARSFELD, ESQ. ST.\TF.. OF Platte, Klarsfeld, Levine & Lachtman, LLP >-:C\l/ YORI-.: .\!ORTG:\GE :\GE:-.CY 1.0 East 40 1h Street, 46 1h Floor ;-.;EW YOR~ ST\TE New York, NY 10016-0200 HOL"S!:-.:C, l'L".\SCE :\GE:--.CY :"'.E\\' 'ORK ST\TE Re: Matter of GABRIELLA Pf RENO [Southbridge Towers, Inc.]. ,\ff-URO \BLE HOCS!'\G CORPOR.\TlO'\. ST.\TE OF Dear Mr. Klarsfeld: :-.:El.\"' ORK \1l"'\ICIP.\l. HO-...:D B.\:-.:J.:. .\(; E\.CY TOB:\CCO SETTLE.\fE'=TPreviously, the Office of Legal Affairs sent a notice dated August 18, 2014 to i-:r-...: .-\:'\.Cl'\G CORPOR.\T?O-..: your office. That notice included a copy of the housing company's submission. The Postal Service returned that item to the Office of Legal Affairs, with the notation "not deliverable as addressed - unable to forward." Nevertheless, the Office of Legal Affairs_ received your responsive affirmation dated August 21, 2014. Please confirm that the Office of Legal Affairs has the correct mailing address for your office. This letter includes a copy of the earlier notice. If you want to amplify any point from your affirmation based on that notice, please include that with your confirmation of your office address. Please submit that material to the following address: 38-40 State Street, Room 516N, Albany, NY 12207-2837 within ten [10] days after the date of this letter. The Office of Legal Affairs thanks you for your attention to this matter. Very truly yours, Office of Legal Affairs Mitchell-Lama Appeals Unit cc: Joey E. Pegram, Esq. Gutman, Mintz, Baker & Sonnenfeldt, P.C. 813 Jericho Turnpike New Hyde Park, NY 11040 G:\M-L\pireno1.co4.docx 38-40 State Streel, Albany, NY 12207 nyshcr.org FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 A-2. Letter from DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit to the Southbridge Towers Attorney requesting additional information to process the appeal. Letter dated September 4, 2014. FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 .A NEW YORK STATE Homes& ANDREW M. CUOMO GOVERNOR Community DARRYL C. TOWNS Renewal COMMISSIONER/CEO '."E~· YORK ST..\TE DI\ 1sro-...: ()F HOL"SIS"G & CO.\t.\11.:-.:rn· R£'\;E~':\L 4 September 2014 !IOL:s1:SG TRL"ST Fl:"O CORPOR.>.TIO:-. JOEY E. PEGRAM, ESQ. ST:\TE OF Gutman, Mintz, Baker & Sonnenfeldt, P.C. '-'.E\l' YORK .\IORTGAGE •.\GE.:-.:CY 813 Jericho Turnpike '.'EU' YORK ST:\TE New Hyde Park, NY 11040 HOUSl'\:G Fl--:-\-..:CE .-\GE:-.CY '\;E\l' YORK ST.\TE Re: Matter of GABRIELLA PIRENO [Southbridge Towers, Inc.]. \Ff"ORD.\BLE 1roL:s1sG CORPOR..\110\.; ST.\TE OF Dear Ms. Pegram: '.'\.!-:\\' YOR!-: \ICS"!CIP:\L BO:-..D B \_\;K .\GES"CY The Office of Legal Affairs is processing the above-referenced TOB.\CCO SETTLE:'. appeal and is in receipt of the housing company's answer. The purpose of this letter is to request additional documentation. Please submit copies of the following items: the calendar year 2011 annual affidavit for 100 Beekman Street, apartment "6/17A;" the tenant-of-record's application to transfer from that unit to the subject apartment and the associated form "HM-14;" the subject apartment's occupancy agreement; the tenant's "Preliminary Application," with a complete date stamp; and, the subject apartment's calendar year 2012 and 2013 annual affidavits. Please submit those items in duplicate to the following address: 38-40 State Street, Room 516N, Albany, NY 12207-2837 within ten [10] days after the date of this letter. The Office of Legal Affairs thanks you for your attention to this matter. Very truly yours, Office of Legal Affairs Mitchell-Lama Appeals Unit cc: JEFFREY KlARSFELD, ESQ. Platte, Klarsfeld, Levine & Lachtman, LLP 10 East 4o'h Street, 46'h Floor New York, NY 10016-0200 G:\M-L\pireno1.co5.docx 38-40 State Street, Albany, NY 12207 nyshcr.org FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 A-3. Letter from applicant's attorney to DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit confirming their correct mailing address. Letter dated September l 6, 2014 and received an September 19, 2014. FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 PLATTE, KLARSFELD, LEVINE & LACHTMAN, LLP ATTORNEYS AT U.W I 0 EAST 40TH STREET, 46TH FLOOR NEW YORK, NEW YORK 10016 TELEPHONE (212) 889-0707 JEFFREY M. PU.lTE FACSIMILE: (212) 889-9401 OF COUNSEL JEFFREY H. KL\RSFELD WW\'Y'.PKLL-1.AW.COM LEON S. SEGEN' DAVID E. l£VINE* BRIAN S. COHEN* DAVID R. U.CHTMAN WRITER'S INFORMATION LEE B!ALOSTOK • •MEMBER NY AND CT BAR (212) 726-4423 •MEMBER NY AND NJ BAR jklarsfeld@plattelaw.com September 16, 2014 NYS Homes and Community Renewal Hampton Plaza 38-40 State Street Room 516N Albany, New York 12207 Re: Occupant: Gabriella Pireno (lhe "Applicant") Landlord: Southbridge Towers, Inc. (the·"Housing Company") Premises: 90 Gold Street, Apt. l5N, New York, New York (the "Premises") Tenant: Brian Fitzgerald (the "Tenant") Dear Sir/Madam: I am in receipt of your August 28, 2014 letter.The address you have on file, which is also the address on the top of this Jetter, is correct. I do not know why your August ·18, 2014 letter was returned as undeliverable. . ·· At this point, I will assume you do not require any additional sp ific information from the Applicant. If you do, or if you have any questions, please do not he · ate to contact me. bmitted, cc: Ms. Gabriella Pireno FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 A-4. Applicant's submission to DHCR Office of Legal Affairs - Mitchell-Lama Appeals Unit. Received on July I 0, 2014. FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 . , ....... PLATTE, KLARsFELD, LEVINE & LACHTMAN, LLP ATTORNEYS AT !AW I 0 EAsr 40TH STREF:r, 46TH FLOOR NEW Yo!U<, NEW YORK 10016 TELEPHONE (212) 889-0707 JEFFREY M. PlATTE fACS!Mll.E: (212) 889-9401 OP COUNSEL JEFFREY H. K!ARSFELD WWW.PKU.-1.AW.COM LEON S. SEGEN' DAVID E. LEVINE• BRIAN S. COHEN• DAVID R. lACHTMAN WRITER'S INFORMATION LEE BIALOSfoK• ,.MEMBER NY AND CT BAR (212) 726-4423 •MEMBER NY AND NJ BAR jklarsfeld@plattelaw.com July 10, 2014 .· NYS Homes and Community Renewal Hampton Plaza 38-40 State Street ;\lbany, New York 12207 Attn: Office of Legal Affairs Re: Occupant: Gabriella Pireno (the "Applicant") Landlord: Southbridge Towers, Inc. (the "Housing Company") Premises: 90 Gold Street, Apt. 15N, New York, New York (the "Premises") Dear Sir/Madam: This office represents the Applicant. On June ll, 2014, the Housing Company denied the Applicant's Application for Succession, as per the letter attached hereto. The Applicant seeks to file an appeal of this denial. A copy of the Applicant's Application for Succession is enclosed herein. Therefore, the Applicant respectfully requests that you open a file on this matter and establish a schedule for the Applicant to submit the documentation in support of her appeal. / If you have any questions or problems, please do not hesitate contact me. Tharik you for your time and· consideration of this matter. · cc: Ms. Gabriella Pireno FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 ·_.· ·.. , .... · . .'·.< :·,·-_. ....: .. ··· ·,.· ... ·.·:· ' ,.. ·:.:, .. ·: ;::· ·: ,'. :_,· ·.. : ·., ::· ... · ·... 1:: -··: ": .'·. ·.... :; ., ·'°' ·.·. •. ;::-:... '. :• " ': ~· ·· .;:· ··•·.· ·.-: ,": :' ~ ''·'· ,:. •': ~- '.:.· ,,,•. ,t ,, . ·.. · ·: '. .... .-~·-~~----··--· __ __ ._·_. ··.·· :~:__ ·--.-·:· FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. .. NO. 20 .· .. RECEIVED NYSCEF: 11/07/2019 .SOUTHBRIDGE TOWERS, INC. 90 Beekman Street . New York, New York 10038 Tel.: .· (212) 267-6190 Fax: (212)"267~8995 PRELIMINARY SUCCESSION ·IDGHTS APPLICATION ... - - - I have enclosed a check for $250.00 payable to Southbridge Towers, Inc. as a NON- REFUNDABL:~ .administrative fee. 9~ (please initial) ..':'· • PLEASE PR.WT: 1. Applicant Name. {je bti t/k .J1(e"1(} Building: 10 Go (J Sh:J Apartment No:.__.1- /= s :-·_Aj~---- Succession applicant move in date: - - -- -- u\l . . '1- Home telephon.e: . I1 Other telephone: - -- - - - - - · _. _. _ Relations~p to out-going sharehol!ier: -.i-p.Lla~(_;fvvl....:.. . ~i...._ _ _ _ _ _ __ _._· _ _ ,,_· :: : Ar~ you: (Check only if applies) _ _ Disabled - _ _ 62 years of ag~ or-~l~er _··... 2: Out-going Shareholder: 3ti!f\ fug< i' . Inc . to transfer ownership of I.he apartment to me aod IS subjecno the appro~al of the New York State Division of Housing and Com.m unityRenewal. i aJso understand thal T will be ' le · ;vide documenlalion ve1ification of the statements made herein FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 Family composition EmP-loyed No .;.. o..:..;ns_;h_.i- -r-'-' x ..,...::Yc...:e.;. .s-~cc..o:._,_ A..._e--,-_:S....:.e....:. Pcrsoo.s to Reside in Apartrnent__-r_;l:le:_Ta"--tt....:.. _ _:O:_c..::...cu=a;.;.;.tio~·n=---..,-.....,.-__:S....:.o..:..;ci;::a~lS::..:e:..:c:.:: W1:..:::.".L..:.:.#.-..,.----...::...:..:=~=..:..:=:::!..:::::.:._:;;:...:::!:.:h;;::.i..::~--~--' Head of Household L fu6_\Jy\d~ "f\.[GV\O SELF 3. .!.. ------~------1-~----+---+---+---~--+------~--1f-----------1---------~--_:_--_.:_----J Mc 4. .$_ 5. Sw $_ 6. To1 ---~-~~~-~~----'-~--=~....,.--...._ Family Income: _ _._,___,__~-'::---,.,...a.-,~--------'----,------L---~·-------~---------1 If income tax returns were filed last year complete Part A "Family Income-Taxpayers", HOWEVER if your income was such that NO Tax Return was $_ M2 Filed, complete Part B "faonly Income and v authorile doductions liom my salary of the amoWlt mquired, if any, for the Insurance Indicated. This authori· 1ation will be in effatt until rtv11ud in writing, Medical and dental insurance deduction is paid on a pre·tax basis unless a waiver form is submitted. !See Benefits H1ndbooh for pre-.ax medical insurance deduction infonnalion.) Dulll El!ec1iv1 Data \llsioll EfloclMi Data Basic Ule/AD&D Elloi;tive Dote Optional lila/AD&D Elle ll1> Efftctl't• Dote Campu! locttion FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 Bank Account Payment n.ty Profile ,. Thank you for the payment. Please print this confirmation for your records. My Account My Ledger Make A Payment BRIAN FITZGERALD Office: 90 GOlD STRE"E'T #15N Home: Logout I NEW YORK, NY 10038 FAX: bfit%26@hotmail.com II -~ Pin~no Account Used: Gabriella XXXXXXX088 4/l~/2014 Payrnent Date: Tr<.1ns.<.1ctio11 Numher fJ.:?-::cription Hlll,.JUilt 601532873 Maintenance (04/2014) $588.08 601532873 Surcharge (0412014) $294.04 Total Payment: $682.12 Grand Total: $662.12 PRC Management Corporation 240 Madison Avenue 9th Floor New York, NY 10016 Phone: (212) 585-0500 Ernail: info@prcny.com .. . P'iim~IW!i!~ ~[iWll~IWJ!M.UI Copyright (c) 2011. All rigtits reserved. FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 5/11/2014 Southarrptai Village & Surrwnding Areas Nem. - Brian F .X Fitzgerald Of Manhattan Dies March 8- 27east 2 ~a Sl ~·01· ...ered bv The Southampton Press and The E11SI Hampton Press News Brian F .X. Fitzgerald Of Manhattan Dies March 8 Publication: The Southampton Pre!>S Mar2,t, 2014 12:48 PM 01fi11iP.\1~ 1 J Mar 25, 2014 3:17 PM Brian F.X. Fitzgerald died at home in Manhattan on March 8. He was 36. Born in Manhattan, he attended school in Westchester and graduated from the State University of New York at Plattsburgh in 2001. He was a weekend and summer resident of Southampton and while in high school and college worked at the ENLARGE Southampton Bathing Corporation during summer break. Survivors said he loved the . Upload a Photo beach, spending t'ime there with friends, and often drove there just to look at the waves in winter. After graduation from college, he traveled across the country with his brother, Stephen, and friends, eventually settling in Tahoe City, California, to work in the outdoor recreation business. Before returning to Manhattan to work for the History Channel, he lived in southern California, working for a short time in the m6tion picture business. About six years ago, Mr. Fitzgerald made a lifestyle change, becoming a dues-paying member of the Iron Workers Union, Local 40, and spending most of his time working on the rebuilding of the World Trade Center complex. He traveled with his family on a long- planned trip to Ireland last September. Mr. Fitzgerald is survived by his parents, Brendan and Lyn Fitzgerald; two brothers, Charles and Stephen; ··an~·his ·partner,.Gabriella Plreno. A funeral Mass was said on March 14 at the Basilica Parish of the Sacred Hearts of Jesus and Mary in Southampton. Funeral arrangements were under the direction of the Brockett Funeral Home in Southampton. http:/fNM>.t.27easlcom'ne....s/article_print.cfm?id=56079 1/2 FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 5/11/2014 BRIAN FITZGERALD Obituary BRIAN FITZGERALD's Obituarybylhe New York Times. BRIAN FITZGERALD FITZGERALD-Brian F.X, suddenly on March 8, 2014. Oe\/Oted partner of Gabriella Pi reno; beloved son of Lyn and Brendan; brother of Charles and Stephen. Proud member of Iron Workers Local 40. Reposing at Brockett Funeral Home, Inc., Southampton, NY, Wednesday 7-9pm; Thursday 2-4 and 7-9pm. Mass of Christian Burial at Basilica Parish of Sacred Hearts of Jesus and Mary, Friday, 10:45am. In lieu of flowers, donations to Lead the Way Fund: www.leadthewayfund.org Published in The New York Times on Mar.12, 2014 ..--.-. http:lNMw.legacy.comlobituarieslnytimes/obituary-print.aspX?n=brian-fitzgera\d&pid=1701297B2 1/1 FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 5/20/2014 Outlook.com- btitz26@hotmail.com Re: in class right now%E2%80o/o8F Brian Fitzgerald 1/24/13 t·· To: gabriella pi reno 111 From: Brian Fitzgerald (~hotmail.com) Sent: Thu 1/24/13 7:50 PM. To: gabriella pireno ~gmail.com) Ha, I was just about to ask u how u were feeli ng. We think the same. I amok., but really don't feel lik~ going to work. Would love to be here waiting for u when u got home. Sent from my iPhone On Jan 24, 2013, at 2:23 PM, "gabriella pireno" wrote; > was going to call to see how you are doing but didn't want to wake you if you were sleeping. i;m still fee l ing under che weather. would love to come home and snuggle with you ... https Jlsnt148.mail.li~.com'default.aspx?id=6485.S#tid=:crri3j3RF&n4hG~ClAmVYd5fA2&fict=flse.arch&srch:::1&slw;;=llMl&sdr=4&satt=O 1/1 FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 412212014 Outlook com Print Message Re: Wedding From: Brian Fi~e rafd ~hotrnailcom) Sent: Tue 6/25/13 11 :22 PM To: Joe Goasalves a gmailcom) Felt bad for missing it but just could not swing it Sure it was a good time. Yes, am living with a giri her name is Gaby Pireno. This is the 1st time I will have 4 day's in a row ott;in 3 years and Derek has to put his wedding right in the middle. It is ok thought, will be good to see all u guy's. U wearing black tie? Sent from my iPbone OnJun25, 2013, at 5:47 PM, "Joe Gonsalves" Yo Yo Yo what's going on? You didn't miss much in Vegas, good times but same trip different date. Lots of money spent, same clubs etc ... Sin.ce we talk so frequently I have no .idea ifyou have engaged or living with your girl? Or ifthere is even a girl involved. Ifso can you please send me her name. See you next week. -Joe Joseph W Gonsalves II 914-- httlJS://snt148.mail.11-.e.com'ol/mail .rtM;!PrintMessages?mlt=~us 1/1 FILED: NEW YORK COUNTY CLERK 11/07/2019 04:32 PM INDEX NO. 157339/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/07/2019 4/2212014 Outlook.com Print Message RE: ·- - - - -- From: Brian Fit.7gerald ~hotmailcom) Sent: Mon 10/01/12 7:33 PM To: anne tins ~hotmail.com) no, i do very much. And i believe she is the one for me. l just meant you meet people who are special to you through out life, and and for what ever reason things just don't work out. Your daughter is very cute. I think she looks a little like you. And if she has the personality like you, i am sme she has a lot of spunk! hotrnail.com Subject: Date: Mon, I Oct 2012 13:22:52 -0400 Was just thinking about something u said... . U said we dont always marry who we love ... . But I hope u do love your girlfiiend.... hUps1/snt148.mail.lhe.corrldJrrail.m.dPrintMessages'fn#:;eo-us