Preview
INDEX NO. 450441
(FILED:
YORK€SUNTY
NEW CLERK 0272772014)
NYSCEF DOC. NO. 14 . ~¥ RECE Te Wscer: 02/27/2014
===
At Individual Assignment Part |
of the Supreme Court of the State of
New York, held in and for the County
of New York, City and State of New
a
York, at the courthouse located at
gS 8 Centre/Thomas. Street, New
York, lew York, on the oh, day
of » 2014,
PRESENT: HONORABLE M.]). STALtLMAA)
, Justice )
THE CITY OF NEW YORK,
X ORDER TO SHOW CAUSE
Plaintiff,
INDEX NUMBER 450441/2014
-against-
Filed: 2/2s|M
31 WEST 46TH STREET REALTY LLC; THE LAND
AND BUILDING KNOWN AS 31 WEST 46th STREET,
TAX BLOCK 1262, TAX LOT 23, COUNTY OF NEW
YORK, CITY and STATE OF NEW YORK; "JOHN
DOE" and “JANE DOE," fictitiously named parties, true
names unknown, the parties intended being the owners,
lessees, operators, or occupants of the 4th Floor within the
building located at 31 WEST 46th STREET, New York,
New York; and any person claiming any right, title or
interest in the real property which is the subject of this
action,
Defendants.
wenn enene nee. nennennenena----X
Upon reading and filing the annexed affirmations of Evan Gluck, Esq., dated February 25
2014; the affidavit of Detective William Perez, sworn to on January 28, 2014; and the affidavit of
UC # C0163, sworn to on January 29, 2014; together with the exhibits, Summons and Verified
Complaint, verified by Robin Binder, Esq., on December 16, 2014,
LET the defendants or their attorneys Show Cause before this Court at I.A.S. Part | of
the Court, Room 2% ; to be held at the Courthouse at BY Centre/Thomes Street,
7 Sp
t ;
f
~ - s eee ee -
sof
es
Borough of Manhattan, City and State of New York, on the 2% day of
q 30 o'clock in the fore/efter noon of that day or as soon thereafter as counsel caf be heard,
Why an order should not be made pursuant to § 7-707, § 7-709, § 7-710 and § 7-711 of the
Administrative Code, enjoining the defendants, their agents, employees and/or representatives, and
all persons acting individually or in concert with them, during the pendency of this action:
a. From the use and/or occupancy of the 4th Floor within the building located at 31
WEST 46th STREET, New York, New York, (hereinafter the “subject premises”) for any purpose
whatever and directing that said premises shall be closed;
b From removing or in any other manner interfering with the furniture, fixtures and
movable property used in conducting, maintaining or permitting the nuisance complained of herein: .
5
¢, From conducting, maintaining, operating or permitting the subject premises to be used
or occupied as a gambling establishment or for any other activity in violation of Article 225 of the
New York Penal Law;
d From conducting ormaintaining acriminal nuisance within the subject premises by
allowing the open and notorious use of the subject premises as a gambling establishment which
creates a criminal nuisance pursuant to Section 240.45 of the Penal Law; Tho a
Gs
NOW IT IS HEREBY ORDERED THAT, pending the hearin; ig, of this motion, fe
defendants, their agents, employees and/or representatives, and any and all persons acting oh
individually or in concert with them are enjoined, pursuant to § 7-709, § 7-710 and § 7-711 of the /
New York City Administrative Code:
1 From the use and/or occupancy of the 4th Floor within the building located at 31
WW WEST 46th STREET, New York, New York, for any purpose whatsoever and directing that said
J premises shall be closed, and that the New York City Police Department shall effectuate this closing
—s
os Tt
ee
‘
order; and a
2 From removing or in any other manner interfering with the furniture, fixtures and
movable property used in conducting, maintaining or permitting the nuisance complained of herein;
and
3 From conducting, maintaining, operating or permitting the subject premises to be used
or occupied as a gambling establishment or for any other violation of Article 225 of the New York
Penal Law;
4 From conducting or maintaining a criminal nuisance within the subject premises by
allowing the use of the subject premises as a gambling establishment which creates a criminal
nuisance pursuant to Section 240.45 of the Penal Law;
ORDERED that service of a copy of this Order to Show Cause, together with the papers upon
which it is based, be made upon the defendants personally; or by leaving a copy thereof with a person
of suitable age and discretion at the subject premises; or if service by either of these methods cannot
be effectuated by either of these methods by posting a copy thereof at the subject premises, on or
a
before the 2 day of , 2014, and that this be deemed good and sufficient
service on the defendants, pro’ vided however, that if service is not made personally, a copy of the
papers will be mailed to such defendants at their last known address by overnight mail on or before
the OG day ofros “2014.
ENT
“WON. MICHA| =
cL D. STALLMAN
.
Preview
INDEX NO. 450441 (FILED: YORK€SUNTY NEW CLERK 0272772014) NYSCEF DOC. NO. 14 . ~¥ RECE Te Wscer: 02/27/2014 === At Individual Assignment Part | of the Supreme Court of the State of New York, held in and for the County of New York, City and State of New a York, at the courthouse located at gS 8 Centre/Thomas. Street, New York, lew York, on the oh, day of » 2014, PRESENT: HONORABLE M.]). STALtLMAA) , Justice ) THE CITY OF NEW YORK, X ORDER TO SHOW CAUSE Plaintiff, INDEX NUMBER 450441/2014 -against- Filed: 2/2s|M 31 WEST 46TH STREET REALTY LLC; THE LAND AND BUILDING KNOWN AS 31 WEST 46th STREET, TAX BLOCK 1262, TAX LOT 23, COUNTY OF NEW YORK, CITY and STATE OF NEW YORK; "JOHN DOE" and “JANE DOE," fictitiously named parties, true names unknown, the parties intended being the owners, lessees, operators, or occupants of the 4th Floor within the building located at 31 WEST 46th STREET, New York, New York; and any person claiming any right, title or interest in the real property which is the subject of this action, Defendants. wenn enene nee. nennennenena----X Upon reading and filing the annexed affirmations of Evan Gluck, Esq., dated February 25 2014; the affidavit of Detective William Perez, sworn to on January 28, 2014; and the affidavit of UC # C0163, sworn to on January 29, 2014; together with the exhibits, Summons and Verified Complaint, verified by Robin Binder, Esq., on December 16, 2014, LET the defendants or their attorneys Show Cause before this Court at I.A.S. Part | of the Court, Room 2% ; to be held at the Courthouse at BY Centre/Thomes Street, 7 Sp t ; f ~ - s eee ee - sof es Borough of Manhattan, City and State of New York, on the 2% day of q 30 o'clock in the fore/efter noon of that day or as soon thereafter as counsel caf be heard, Why an order should not be made pursuant to § 7-707, § 7-709, § 7-710 and § 7-711 of the Administrative Code, enjoining the defendants, their agents, employees and/or representatives, and all persons acting individually or in concert with them, during the pendency of this action: a. From the use and/or occupancy of the 4th Floor within the building located at 31 WEST 46th STREET, New York, New York, (hereinafter the “subject premises”) for any purpose whatever and directing that said premises shall be closed; b From removing or in any other manner interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting the nuisance complained of herein: . 5 ¢, From conducting, maintaining, operating or permitting the subject premises to be used or occupied as a gambling establishment or for any other activity in violation of Article 225 of the New York Penal Law; d From conducting ormaintaining acriminal nuisance within the subject premises by allowing the open and notorious use of the subject premises as a gambling establishment which creates a criminal nuisance pursuant to Section 240.45 of the Penal Law; Tho a Gs NOW IT IS HEREBY ORDERED THAT, pending the hearin; ig, of this motion, fe defendants, their agents, employees and/or representatives, and any and all persons acting oh individually or in concert with them are enjoined, pursuant to § 7-709, § 7-710 and § 7-711 of the / New York City Administrative Code: 1 From the use and/or occupancy of the 4th Floor within the building located at 31 WW WEST 46th STREET, New York, New York, for any purpose whatsoever and directing that said J premises shall be closed, and that the New York City Police Department shall effectuate this closing —s os Tt ee ‘ order; and a 2 From removing or in any other manner interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting the nuisance complained of herein; and 3 From conducting, maintaining, operating or permitting the subject premises to be used or occupied as a gambling establishment or for any other violation of Article 225 of the New York Penal Law; 4 From conducting or maintaining a criminal nuisance within the subject premises by allowing the use of the subject premises as a gambling establishment which creates a criminal nuisance pursuant to Section 240.45 of the Penal Law; ORDERED that service of a copy of this Order to Show Cause, together with the papers upon which it is based, be made upon the defendants personally; or by leaving a copy thereof with a person of suitable age and discretion at the subject premises; or if service by either of these methods cannot be effectuated by either of these methods by posting a copy thereof at the subject premises, on or a before the 2 day of , 2014, and that this be deemed good and sufficient service on the defendants, pro’ vided however, that if service is not made personally, a copy of the papers will be mailed to such defendants at their last known address by overnight mail on or before the OG day ofros “2014. ENT “WON. MICHA| = cL D. STALLMAN .