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  • Marc E. Edwards v. New York City Department Of Housing, Preservation And Development, Esplanade Gardens, Inc. Special Proceedings - CPLR Article 78 document preview
  • Marc E. Edwards v. New York City Department Of Housing, Preservation And Development, Esplanade Gardens, Inc. Special Proceedings - CPLR Article 78 document preview
  • Marc E. Edwards v. New York City Department Of Housing, Preservation And Development, Esplanade Gardens, Inc. Special Proceedings - CPLR Article 78 document preview
  • Marc E. Edwards v. New York City Department Of Housing, Preservation And Development, Esplanade Gardens, Inc. Special Proceedings - CPLR Article 78 document preview
  • Marc E. Edwards v. New York City Department Of Housing, Preservation And Development, Esplanade Gardens, Inc. Special Proceedings - CPLR Article 78 document preview
  • Marc E. Edwards v. New York City Department Of Housing, Preservation And Development, Esplanade Gardens, Inc. Special Proceedings - CPLR Article 78 document preview
  • Marc E. Edwards v. New York City Department Of Housing, Preservation And Development, Esplanade Gardens, Inc. Special Proceedings - CPLR Article 78 document preview
  • Marc E. Edwards v. New York City Department Of Housing, Preservation And Development, Esplanade Gardens, Inc. Special Proceedings - CPLR Article 78 document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 ESPLANADE GARDENS, INC. INC. 2569 ADAM CLAYTON POWELL JR. BLVD. NEW YORK, NY 10039 Phone: 212.368.2700 / 212.926.8042 Facsimile; 212.368.1562 November 8, 2022 Frances Lippa The City of New York Department of Housing Preservation & Development Omee of Housing Operations 100 Gold Street, Rm 7-M-4 New York, NY 10038 Re: Marc Edwards (Occupant) 1475 129-133 W. St. #221 New York, NY 10039 Dear Ms. Lippa; As requested, enclosed are the documents for the aforementioned unit. Management awaits your determination. Yours Truly, Nicole Duncan Property Manager Ce: Felicia Gittens, Assistant Manager Frances Lippa, Administrative Hearing Officer David Baron File Metro ManagemengDevelopment,inc.- Managing Agent " 1981MarcusAvenue,SuiteC-131"Lake Success,NY I1042" Tel: 718-593-8927"Fat:718-706-7760 UUI FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 Department of Housing Preservation & Development Nyc.govepd " October 11, 2022 Nicole Duncan, Property Manager Esplanade Gardens, Inc. 2569 Adam Clayton Powell, Jr. Bivd. New York, New York 10039 Via email only Re: Esplanade 0ardens v. Edwards, et al. Dear Md. Duncan: In order to review the housing corporation's denial of succession rights pursuant to RCNY Title 28, Sec. 3-02 (p)(8) (ii), it is necessary to forward copies of all written documentation relied upon as a basis for this decision to the applicant for succession rights and to me. These documents should include, but are not limited to, the application for succession rights, lease(s) or occupancy agreements, recortification forms, income affidavits, death certificates and other relevant written material submitted by the original tenant and stained by the housing corporation and any records or documents submitted to you by the occupant in the course of his/her efforts to obtain succession rights in the subject premises. Please provide the above requested documents to the applicants for succession rights and to me by November 21, 2022 so that this matter can be resolved. Very truly ours, F s Lippa Administrative Hearing Officer 212-863-6544 Lipt3af(4hod.nyc.gov cc: Marc Edwards John Doe and/or Jane Doe Q awed envaper connaiming30%poss-coasanermatering. 002 FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 ESPLANADE GARDENS, INC, INC. 2569 A DAM CLAYTON POWELL JR. BLVD. NEW YORK, NY t0039 Phone: 212.368.2700 / 212.926.8042 Facsimile; 212.368.1562 November 8, 2022 Marc Edwards, (Occupant) 129-133 W. 1478St. #221 New York, NY 10039 Re: Denial of Succession Dear Occupant; The attached documents were submitted to HPD in order to review the housing comoration's denial of succession rights. Please keep for your records. Yours Truly, Nicole Duncan Property Manager Cc: Felicia Gittens, Assistant Manager Frances Lippa. Administrative Hearing Officer David Baron File legro ManagementDeset unent. Inc." f anagingAgeng" 1981Marcus Avenue,SuiteC-131" LakeSuccess.W I1042 " Tel: 714-593-3927"l'an; 713-706-7760 FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 SBV -is) D . N C q- 004 FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 ESPLANADE GARDENS, [NC. INC. 2569 ADAM CLAYTON POWELL JR. BLVD. NE€ YORK, NY t0039 Phone: 212.368.2700 / 212.926.8042 Facsimile: 212368.t562 September 28, 2022 A-lare Edwards (Occupant) Jane Doe/John Doe (Occupant) 1475 129-133 W. St., Apt. #221 New ¼rk, ifY 10039 Re: Esplanade 147th Cardens In c., 129-133 W. St. Nety Yorly riY 10039#221 Dear Mr. Edwards: Please be advised that Esplanade Gardens, Inc. is denying your application for succession to the above-captioned apartment. The housing company's denial of your succession application is based on the Mitchell-Lama Rules, as set forth in 28 RCNV §3-02(p). The Mitchell-Lama Rules provide that succession rights may be granted only to a member" tenant/cooperator's "family (as defined in the Mitchell-Lama Rules) who has resided with the tenant/cooperator in the apartment as their primary residence for the two years immediately preceding the tenant/cooperator's permanent vacating of the apartinent (or one year if the person seeking succession rights is 62 years or older or is disabled) and continues to reside in the subject apartment as their primary residence. The evidence that you submitted fails to establish your entitlement to succession for the following reasons: Relationship and Co-Residency cannot be determined. The housing company will pursue a proceeding against you at the NYC Department of Housing Preservation and Development (HPD) to recover possession of the subject apartment based on its denial of succession rights. You have the right to appeal the housing company's denial of succession rights within g!ty (30) calendar days of receipt of this written denial of succession rights. Your appeal should be addressed to: HPD. Frances Lippa. Administrative Officer. 100 Gold Street. Room 7- Hearing M4, New York. New York 10038. or to lippafálhod.nve.gov, and must include proof that you served a copy of the appeal on the housing company. Your appeal should set forth the reasons why you believe you are entitled to succession rights to the apartment and any errors you believe are contained in the housing company s determination. The appeal should be accompanied by any documentation you have to demonstrate your right to succession pursuant to the Mitchell-Lama Rules. \letro \JanagementDevelopment.lac." ttanaging Agent" 1981Wrcus henue.5uite f'-131-1.ake Success.½ 11142" let: Tl3-5813-8927"Fat: 918-706-1766 00E FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 The Commissioner of HPD, or his or her designee, will review the housing company's determination and any additional information and documentation submitted by you and issue the final agency decision with the regard to your succession rights application based solely on its review of such materials. HPD does not conduct a hearing or elicit testimony with regard to the appeal of a denial of a succession application. If HPD denies your appeal, the only potential review of said decision would be through your filing legal action pursuant to Article 78 of the Civil Practice Law and Rules. If you seek to challenge a finding that the required co-residency with the tenant/cooperator was not established, which finding is based in part on your not being listed on income affidavits during the required co-residency period, please note that the failure of a family member who is seeking succession to appear on income affidavits for the apartment creates a presumption that he or she did not reside there as a primary residence. You may attempt to overcome such presumption by presenting clear documentary proof that the apartment was in fact your primary residence during the period in question. In such event, the income affidavits from which you were omitted would be required to be amended to include your income, and you would be liable to pay the housing company any resulting surcharges. Pending HPD's determination of your appeal, you may continue in occupancy of the apartment, provided that you pay for the use and occupancy of the apartment in an amount equal to the monthly rental/carrying charges paid by the vacating tenant/cooperator. Sincerely, ... .. . Nicole Duncan Property Manager cc: Frances Lippa, Administrative Hearing Officer Board of Directors Popper Law Firm Devetapment,Inc." ManagingAgent - 1981Marcus Avenue,Suite C-131- 1,akeSucceshNY (10.12" Tel: 718-593-8927-Fax: Metro Namagenecan 718-706-7760 UUb FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 " EG. 2569 M New NEW Yo ADAM YORK, ESPLANADE CLAY1ŒN NEW 10039 . YORK POWELL 21 JR. GARDENS, 10039 BLVD. INC. "- - . US E 0006057 5 $ POSTAGE SE Ti 't u 000.570 as FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 APPLICATION FOR SUCCESSION RIGHTS ESP ANADE GARDENS, INC $FrCTION 1: SUCCESSOR APPLICANT INFORMATION FOR HPD USB ONLY E1: Applicant Name Aff' b(rJ 1.2: Address: [ kiLyr / Apt: /33 J.3: Date (month /day/yr.) you moved into the apartment dicated in 1.2 above: fo/ 1.4: Are you a senior citizeri (62 or over), or disabled? Y No O 1.5 Family Relationship to Tenant/Cooperatora of Record r Cwds (See instructions). You must provide proof of family (elationship. 1 6 Persons Currently Residing in the Apartment indicate in 1,2.sbove: NAMB ILELATIONSHIP TO APPLICANT AGE | SEX (M/F) SECTION 2t TENANT/ COOPERATOR OF RE( ORD INFORMATION 2.1: Nam Tenan C ors of record of apartment i dicated in L2 above: T 2.2: Number of years Tenant/Cooperators of record reside at address/apt indicated in 1.2 above: £4R 5 2.3 Status of Tenant/Cooperators of Record: (Please checli applicable box and refer to instructions for required documentation: A:O Permanently Vacated: Date permanently vacated (m/dly) B:O Deceased: Indicate date of death (m/d/y) C:O Divorce/Separation: Date of divorce/separation (m/8/y) , Date pennanently vacated (m/d/y) D:O Permanently Moved to a Nursing Home/Care Facilit : Date permanently entered Nursing Home/Care F 'lity(m/d/y): E: Other a cote P1^~e c s NacA do pas.p SECTION 3: (3.D APPLICANT CERTIFICATION I certilythatdiestatements madeinthisappilcallon forsuccessionto theapartment indicated in 3.2ofthisspplicationhavebeenexamined knowindge andbeliefaretrue,correct,andcomplete. 1havenoobjection bymeandtothehostor my toinquMes behigmadeforthepurpose of verifyingtheractshareingtated eswellasthe documents andinformationprovided.I understand if anyInformation declared hereinis thlse,my application forsuaeassion willnotbespproved endI will besubject tolegalaction.1understand thatagingthisappHcation doesnotin anywayhindtheHousing Company ortheNYCDepartnent Preservation andDevelopment tograntmesuccesskm Housing totheapartment indicatedin 1.2aboveir1donototherwise meettherequirements orSection3-02(p)oftheCityMitchett-Lama Rules.I onderstand thatshouldI begrantedsuccession rightsarxiI IInnotmeettheoccupancy standards forthespartmentindicated insection I 12, maybeaskedtomovetoan appropriatelysizeapartment whenonebecornes available Applicant Signat e Dat 1)OUSINGCOMPANYAPPROVAl. HOUSINGPl)SBNVATION AND IEV El OPMl(Nf APPitOVA1 DKlT: DA'lE: I)Y: ___ IlY I havefully reviewedboththis applicationandits supporting documentsandcertify thatall therequireddocuments havebeen This approval is without prejudice to any outstanding providedto npprovethisapplicationfor succession rights. rent or maintenancechareas 008 FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 July 1 L 2022 From; Jamal Horn Deputy Regional Security Officer j U.S. Department of State |2201 C St. NW | Washingtott, DC 20520 To: Felicia Gittens Assistant Property Manager | Esplanade Gardens, Inc. |2569 Adam Clayton Powell Jr. BLVD| New York | NY | I0039 Dear Ms. Gittens: Pursuant to a <1irective relayed to me from your office calling for a formal statement of my plans to move away permanently from Esplanade Gardens, please accept this letter as written notice of my intention to vacate my apartment by end ofJuly 2022 in favor of my cousin/co-tenant, Marc Edwards' bid for succession to shareholder status and my own career advancement opportunity. Marc has also advised me that you requested a copy of my 2021 tax returns for addition to his succession application. Please note that 1 was forced to apply for an extension of time to file my returns by reason ofa Department ofState payroll system glitch that has backlogged accurate W- 2 information for thousandsofemployees across the organization.Consequently. my returns for that year are unavailable at this time, I've attached for your review just.a few of the related notifications I've received since last year. I continue to work out of Riyadh, Saudi Arabia and can be difficult to reach, so please direct any other inquiries through Marc. And thanks very much for your considemtion. Sincerely. Jamal Horry 009 FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024 , From: GFACS American Comnumications GFACS-AME@state.gov f Subject GFACS American Payroll System - Back Pay Interest Payments Date: June 1, 2022 at 6:47 PM To: Horry, Jamal A (Riyadh) HorryJA@state.gov BUTUNC1.ASSl 5EN5tUVE FIED GFACS ^T GFACS American Payroll System Back Pay Interest Payments Greetings Co8eagues, sentbySecretary Asnotedintheenessege 85nken onApril29,2022onLeave andPayissues,theDepartment authortrad interest paymentsonanypsy,allowance, etdifferential delavett hewandBdars totheMarch1,2021,implementa1on ofthenewAmencan system. payroll TheOureauoftheComptroller andGlobal Fingincial 5ervices 05F5|Glotial Compensadon willbeginissuing thesebackpayIN paymentsonJune2,2022.Ourreconfs inglicate thatyolswillreceive aninterestpayment. TheseInteventpayments arerelatedtopay,allowances, enddifferentists thatweredehyed payments beyondSSdays duririgtheperiodofJWlarch 1,2021,throughMay.21, 2022,tatepayments thatocc fromtheGoLiveImplementationofGFAC5 AMEbetween March1,2021,andMarch25,2022, havebeenreviewed andtheseImerestpaymentswillbeissedbeginning june2,2022.Asecond review v takeplaceforlatepapnents fromGFACS thatoccurred AMEbetween March27andMay21,2022,andwtabesubsequently processed. TheOfficeofPersonal Manmsement (OPM)usestheIR5quarterly iriterestratestocamputebarkpay.These ratescanhefoundattheOPMrateschadoles.Theinterestrateinplacefeomtheimplenient ofGFACSAMEthrough March31,2022wasa3%annualpercentagerate(APR). please note:TheInterest willbeprocessedthroughtheGlobalFinandal Management System (GFM$)"nd walbedisburm EFTsimilartoatravelreImbursernentto yourbankaccount ensle.Thepayrnest walnotbe onyourEarnings displayed andteave5tatement andwHIbe poldseparately fromyourhi-weetly per. Oncethepayrnenthasbeenmade,CGFSwilt sendyouaseparatee-mallInfernling youtheInterest ppyment hasbeenmade andtheamount.laterestpaymentsareconsidered income.Ifyourh tanable payment is$6000rmore,youwillreceive aForm109!HNT InJanuary 2023.Only40payments areabove thisthreshold andmorethan50%ofthepayments areforlessthan$10.Theinterest ishesedr annualrateof3%APIt,whichequalsadaByrateof.008219% Foradditional Irformation Forrn regarding 1099-INT, interest income, refertoltingg. please Foreaseofreference, wehaveincluded ofcalculations threeexamples cornpleted byperperiodtodetermine theamoun4 ofinterest owedtoyou. Framnleit Thisisanseamnte ofnostalHferenMat thatwasofferMue enin/tn/|n21 andpaidon12/4/2D22 fesulHam inmost differential aewnents hovend30 davsforearmeriods 31andtr InterestPapnent PeyPeriod 21/2021 PayPeriod22/2021 Total LatePayment Arnount|Post Dillerentleg $ 105.14 $ 105.14 $ 210.28 httlal EsseingsOnta(Interest 8esIns) 10/10/2021 10/24/2021 | ___ Paymere Daggt(intyrestEnds| 12/4/2021 12/4/2023 AgeofPa¼ment (inDays| 55 4) InterestAPit[Dety3%/3116) 35 35 $ orspounded laterestParment $ 0.48 $ 0.35 0.83 Enamole 2:Thim toanenamate of seedaldifferential thatwaselfecatue anaf1812011 andonlden1112012011 resultlntInseedaldtiferential mavments beyond 30daysfor navnerandg mheyeh 21. InterestPayment PayPurled17/2021 PayPeriod18/2023 PsyPeriod19/2023 PayPeriod 20/2011 PayPeriod11/2021 Total $ LatePayment Amount(spedal Differanital) $ 362.72 362.72 $ 362.72 $ 362.72 $ 962.72 $ 1,813.60 InitialEsmingsDeta(telerest 89g1r9 8/15/2021 6{29(2021 9/12]20t1 9/36/2021 10/10/2021 Payment Date(Interest fad| 11/20/2021 11/2D/2021 11/20/2021 11/20/2021 11/20/2021 ageefpayment (InDays) 97 83 69 .55 41 Inte"estePit(Daisysps/365) su Su (ornpounded InterestPayment $ 2.M $ 2.48 $ 2.06 $ 1A54 $ 1.22 5 10.3D Faarants t Thisisanexamnle ni nestsAnwance thatwasofferrivean11/7/2021 andmaidanG2/26/2022 resultine Innestal1nwance narments hovend %Ddavsingnaunededs 7s/3n71 nImangh oth InterestPayrnent Pa od PayPeriod23/2021 PayPeriod24/2021 PayPeriod 2520H PayPeriod 01/2022 PayPosiod $3/2022 Total $ $ tatePayment Amount(Post AAowance| $ 1,163.28 $ 1.163.28$ 1,163.28 1,163.28 $ 1,163.28s 1,163.28 6,9 iniNatEarnings0ete(Interest Begins) u.7/2021 11/21/2021 12/5/2021 12/19/2021 1/2/2022 1/16/2022 Payment Date(interestEnds) 2/2G(2022 2(26(2022 2/26{2O22 2(26(222 2{26(2022 2/26/2022 AgeofParment (InDaysj 111 97 83 69 55 41 intesent APR|Oally 34/365| 35 3% 3% 3% 3% 34 $ $ InterestPayment Compounded $ 10.66 $ 9.31 7.96 6.62 $ 5.27 $ 3.p3 $ Thiscommunication w