Party Notice: Garvall Harrison Booker Jr. v. 628 East 9 Street Housing Fund Development Corporation

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                                FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM                                                    INDEX NO. 652327/2024
NYSCEF DOC. NO. 3                                                                            RECEIVED NYSCEF: 05/09/2024




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF NEW YORK
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          GARVALL HARRISON BOOKER, JR.,                                              Index No.: 652327/2024
                                    Plaintiff,
                                                                                     AFFIRMATION OF
                  -against-                                                          COMPLIANCE

          628 EAST 9 STREET HOUSING FUND
          DEVELOPMENT CORPORATION,

                                     Defendant.
          -----------------------------------------------------------------------X
          STATE OF NEW YORK

          COUNTY OF QUEENS


                  Howard S. Levine, an attorney duly admitted to practice law, affirms under penalty of

          perjury as follows:

                  1.       I am a partner at Hertz, Cherson & Rosenthal, PC, attorneys for plaintiff in this

          action and I submit this affirmation of compliance in support of an order to show cause seeking

          imposition of a temporary restraining order enjoining expiration of the cure period contained in a

          notice to cure, which upon expiration could result in termination of plaintiff’s twenty-six (26) year

          old proprietary lease. A copy of the Summons and Complaint is attached hereto as Exhibit “A.”

                  2.       The Notice to Cure was issued on behalf of defendant and it is signed by Derrick

          Alford, President. Under Mr. Alford’s signature is listed Edward Josehp Filemyr IV as “attorney

          for Landlord 628 East 9 Street HDFC.” Exhibit “B.” The cure period was extended by two

          attorney stipulations to May 10, 2024, Exhibit “B.”

                3.         Pursuant to Uniform Rule 202.7(f), on May 8, 2024, I served Mr. Filemyr with

          notice that an emergency application seeking a temporary restraining order staying the expiration

          of the notice to cure, would be filed by Garvall Harrison Booker, Jr. with the Supreme Court of the


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FILED: NEW YORK COUNTY CLERK 05/09/2024 12:47 PM                                              INDEX NO. 652327/2024
NYSCEF DOC. NO. 3                                                                     RECEIVED NYSCEF: 05/09/2024




          State of New York, New York County, located at 60 Centre Street, Ex-Parte Office, New York,

          New York 10007, on May 9, 2024, at 11:00 AM. Exhibit “C.”

                 4.     I advised Mr. Filemyr that I was noticing him since the Notice to Cure listed

           him as “Attorney for Landlord 628 East 9 Street HDFC.”

                 5.     I served the same notice upon Derrick Alford, defendant’s President in the event

           that defendant retained Mr. Filemyr to prepare and serve the Notice to Cure but for no other

           reason. Exhibit “C.”

                 6.     I received electronic notices that the emails with attachments to Mr. Filemyr

           and Mr. Alford were successfully transmitted, Exhibit “C.”

                 7.     No application for the relief sought herein has been made to this or any other

           Court.


          Dated: Queens, NY
                 May 8, 2024


                                                               Howard S. Levine




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