FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/13/2018 SUPREIVIE COURT OF THE STATE OF NEW YORK COUNTY OF ROCKIAND THE TOWN OF RAMAPO, NOTICE OF MOTION Plaintiff, FOR SUDJMARY JUDGMENT ?against? Index No. 030716/2018 CONG. BAIS CHINUCH ATERES BNOS, CONG. DIVREI CHAIM, and JOHN DOE Assigned to: Numbers One through Twenty, JOHN DOE being Hon. Paul I. Marx, J.S.C. a fictitious name used to represent individuals whose identities are presently unknown, Defendants. MOTION BY: MICI-LAEL L. KLEIN, ESQ. Town Attorney Town of Ramapo Attorney for Defendant TOWN OF RAMAPO 237 Route 59 Suffern, New York 10901 Tel: (845) 357-5100 Fax: (845)357-2936 PLACE, DATE TIME: SUPREME COURT, ROCKLAND COUNTY One South Main Street New City, New York 10956 Hon. PAUL I. MARX, .S.C. Return Date: June 29, 2018 at 9:30 a.m. PLEASE TAKE NOTICE, that upon the Affirmation of James M. Birnbaum, Esq., dated June 11, 2018 and the exhibit annexed hereto, a motion will be made at this Court before the Hon. Paul I. Marx, J.S.C., located at One South Main Street, New City, New York, at 9:30 a.m. on August 26, 2018, or as soon thereafter as counsel can be heard for an lof2 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: [36/13/2018 A) ORDER pursuant to CPLR ?3212 for summary judgment on all causes of action stated in Plaintiff Complaint on the basis that Defendants lack a certificate of occupancy fer use and occupancy of a school at 261 Route 306, Monsey, New York 10952; and an B) ORDER enjoining Defendants and their officials, directors, agents, employees, and representatives from all use and occupancy of the premises at 261 Route 306, Monsey, New York 10952, except in conformity with any valid certificate of occupancy; and an C) ORDER, for such other, further and different relief as to the Court may seem just and proper. Pursuant to CPLR Section 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days before the return date of this motion. Dated: Suffern, New York June LL, 2018 Yours, etc. MICHAEL L. KLEIN, ESQ. Town Attorney Town of Ramapo Attorney for Defendant TOWN OF RAMAPO 237 Route 59 Suffern, New York 10901 Tel: (845) 357?5 100 Fax: (845 )3 57-29% By: 0?53"? JAMES M. Deputy Town Attorney To: TERRY RICE, ESQ. Attorney for Defendants 4 Executive Boulevard Suffern, New York 10901 Tel: (845)357-4000 20f2 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND THE TOWN OF RAMAPO, AFFIRRIATION Plaintiff, IN SUPPORT OF MOTION FOR SUMNIARY ?against~ Index No. 030716/2018 CONG. BATS CHINUCH ATERES BNOS, CONG. DWREI CHAIM, and JOHN DOE Assigned to: Numbers One through Twenty, JOHN DOE being Hon. Paul I- Marx, .S.C. a fictitious name used to represent individuals whose identities are presently unknown, Defendants. James M. Bimbaurn, an attorney duly admitted to practice law in the Courts of the State of New York, af?rms the following to be true under penalties of perjury: 1. That I am a Deputy Town Attorney in the of?ce of Michael L. Klein, Esq., Town Attorney for the Town of Ramapo, counsel for the Plaintiff in the above-captioned matter. 2. This Af?rmation is submitted in support of a Motion for Summary Judgment pursuant to CPLR ?3212 on all causes of action set forth in Plaintiff? Summons and Complaint (attached hereto as Exhibit with Defendants? Answer attached at Exhibit including, without limitation, an action for a permanent injunction. Plaintiffs request that this honorable Court enjoins the Defendants and their of?cials, directors, agents, employees, and representatives to cease use and occupancy of the premises designated as 261 Route 306, Monsey, New York (hereinafter "the premises") until a certi?cate of occupancy and all other necessary municipal approvals are issued. 3. This Af?rmation is based upon information and belief except as to those matters FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/13/2018 stated to be upon direct knowledge. The sources of information and grounds for belief consist of an investigation into the facts and circumstances regarding this matter, the Af?davit of Ramapo Building Inspector Ian Smith attached herewith at Exhibit and a review of the books and records maintained in the office of the Town Attorney and in Town Hall generally. BACKGROUND 4. The subject premises (hereinafter ?the premises?) consist of a modular structure comprised of approximately ten (10) interconnected trailers used for a girls? school for approximately three hundred (300) girls in Monsey, New York. The premises are designated on the Town of Ramapo assessment map as SIBIL 5. The premises are owned by Defendant CONG. DIVREI CHAIM. Sic deed of record at Exhibit Occupying the premises is, upon information and belief, Defendant CONG. BAIS CHINUCH ATERES BNOS afkfa S_ee portion of application ?led with the Town of Ramapo in July of 2017 for site plan approval and for a special permit, attached at Exhibit 6. Plaintiff Town issued a certificate of occupancy for temporary modular classrooms on September 18, 2015, which certi?cate expired on or about September 30, 2017. Expired Certificate of Occupancy at Exhibit Defendants have no certificate of occupancy, and are therefore unlawfully occupying the premises. Affidavit of Ramapo Building Inspector Ian Smith, Exhibit at paragraphs 6 and 7. 7. The Zoning Code of the Town of Ramapo, and requires that a certificate of occupancy must be issued such that use and occupancy of the premises is authorized by the municipality. It indicates: FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: [36/13/2018 Except for buildings constructed prior to February 5, 1930, no building shall be used or occupied in whole or in pant unless or until a certificate of use or a certificate of occupancy, as appropriate, shall have been issued by the Building Inspector, and then only in conformity with said certificate(s). ?g No change shail be made in the use or occupancy of a building or structure unless a certificate of occupancy authorizing the change of use shall have been issued. A change in use shall include, but not be limited to, a change in or of the type, class, nature or scope of the goods, services or operation. gig 8. The Town?s Temporary modular units law for such schools, now repealed, limited permissions such structures to two years. Zoning Code of the Town of Ramapo ?376?67(6) (?Permit shall be for a period of 12 months. One additional extension of one year can be granted upon good cause shown?) 9. The two-year limit has passed, and Defendants? certi?cate has expired. NECESSITY FOR INJ QE CTION 10. As set forth above and in the accompanying af?davit, the present condition and use of the premises contravenes signi?cant requirements contained in the Zoning Chapter of the Revised Code of the Town of Ramapo. 11. New York State Town Law 135 and 268 provide that any violation of a town or state code may be enjoined. Unlike the traditional provisional remedy of a preliminary injunction, there is no statutory requirement that a town show a likelihood of success; (ii) irreparable harm; or a favorable balancing of the equities. 12. Where a statute expressly empowers a town to enjoin violations of the law, a town must show only that the law at issue has been violated. See, Town of Islip v. 90 500, 454 894 (2nd Dept. 1982). FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/13/2018 13. Here the Town has established prima facie violations of its local law, justifying the grant of an injunction in this case. 14. Town Law 135(1) indicates that a Town Board may ?maintain an action or to compel compliance with or to restrain by injunction the violation of any such ordinance, rule or regulation.? On November 16, 2017, the Board of the Town of Ramapo unanimously resolved to commence an action against Defendants to enjoin their continued use of 261 Route 306 as a school on account of the lapse of its certificate of occupancy. S_ee Exhibit memorializing the Ramapo Town Board?s Authorization to Commence an Injunction, Resolution #2017?456. 15. While Plaintiff does not have to satisfy the traditional standards for a civil preliminary injunction as set forth in CPLR ?6301, Plaintiff here, nonetheless, meets the traditional analysis. First, as stated in CPLR ?6301, the moving party must show that it has demanded and would be entitled to a permanent injunction restraining the commission or continuance of a speci?c act. Then the moving party must show the following items: i. A likelihood of success on the merits of the pennanent injunction action; ii. That the commission or continuation of the act complained of during the pendency of the action would produce irreparable injury, and A balancing of equities favors its position. 16. Here, there have been a clear violation of the Zoning Chapters of the Revised Code of the Town of Ramapo. Continuance of these acts should be restrained by injunction. There is a strong likelihood of success on the merits. 17. The illegal use of the premises without a certi?cate of occupancy, and the use of the premises as a school for three hundred (300) girls without municipal approvals constitutes FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/13/2018 ?irreparable injury? suf?cient to satisfy any analysis. 18. As the zoning violations continue, the illegal use of the pr0perty may further intensify and health and safety problems and risks might increase. 19. Furthermore, the equities are clearly in favor of the Town. The Town is charged with ensuring compliance with its laws and has a duty to protect the health, safety and welfare of its residents. If the Defendants do not correct these violations, dangerous conditions could go unattended at the premises that will pose a life threat, such as a ?re, to the persons occupying the premises. SUMNIARY ,l QQGMENT IS WARRANTED. 20. The party seeking summary judgment bears the initial burden of establishing his or her prima facie entitlement to judgment as a matter of law, tendering evidence sufficient to eliminate any triable, material issues of fact from the case. Zu?ckerman v. City of New York, 49 557 (1980). The evidence submitted in support of a motion for summary judgment must be in a form that would render it admissible at trial. Friends of Animals v. Associated Fur Mfg, 46 1065, 1067?1068 (1979). If the moving party fails to meet his or her prima facie burden, the papers submitted in opposition need not be considered. Alvarez v. Prospect 68 .Y.2d 320 (1986). C0nversely, if the moving party makes a prima facie showing, the burden shifts to the opposing party to demonstrate the existence of an issue of fact requiring a trial. See Man v. Chlof New York, 49 at 562. 21. The operation of a school without a certi?cate of occupancy and other municipal approvals persists in derogation of state and local laws intended to protect the health, safety and welfare of the community. There is no issue of fact requiring a trial in the case at bar. 22. The unlawful use and occupancy of the premises must be properly stopped. INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 8 7 RECEIVED NYSCEF: 06/13/2018 No previous 23. the WHEREFORE, permanent injunction CONG. Monsey, and for Dated: the a/k/a and representatives employees, New such York, other Suffern, June unless and further for the relief undersigned precluding CHAIM D1VREI application from and until relief requested requests respectfully Defendants "BNOS use and SCHOOL," occupancy a certificate as to this CONG. Court has been that BAIS and honorable this CHINUCH their ATERES directors, as 261 known is issued seem just Court officials, of the premises of occupancy may made. for the and proper. New York & 2018 JAMES M. BIRNBAUM subject issues BNOS and agents, Route a 306, premises, FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND THE TOWN OF RAMAPO, AFFIDAVIT IN SUPPORT Plaintiff, -against? Index No. 03071612018 CONG. BAIS CHINUCH ATERES BNOS, CONG. DIVREI CHAIM, Assigned to: and JOHN DOE Numbers One throogh Twenty, Hon. Paul I. Marx, J.S.C. JOHN DOE being a fictitious name used to represent individuals whose identities are presently unknown, Defendant. STATE OF NEW YORK COUNTY OF ROCKLAND IAN SMITH, being duly sworn, deposes and says: 1. That I am the Building Inspector for the Town of Ramapo, and as such am familiar with this matter. 2. My duties as Building Inspector include the investigation and enforcement of the Zoning Law of the Town of Ramapo and the New York State Uniform Fire Prevention and Building Codes. 3. This Af?davit is submitted in support of the accompanying application for an injunction directing the Defendants CONG. BAIS ATERES BNOS (hereinafter and CONG. DIVREI CHAIM (hereinafter their of?cials, directors, agents, employees and representatives, to cease all use and occupancy of the premises at issue in this matter unless and until the Town of Ramapo issues a certi?cate of occupancy for the subject premises. 4. The premises (hereinafter known as ?the premises?) include a modular structure FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: [36/13/2018 constituting approximately ten (10) interconnected trailers used for a girls? school in the Town of Ramapo at the address of 261 Route 306, Monsey, New York 10952, designated on the Town of Ramapo Tax Map as Section 49.7, Block 1, Lot 38. 5. Upon information and belief, the structure is being used and occupied by over three hundred (300) young girls under the age of eighteen (18) studying at the school. 6. If the Defendants are not restrained and enjoined from the use and operation of the premises except in conformity with any certificate of occupancy to be issued by the Town of Ramapo, the same will continue in an unlawful manner, will continue to be violative of the laws of the Town of Ramapo, and might endanger the health and safety of Defendants? students, invitees, owners, employees, agents, as well as anyone else occupying the premises. 7. According to my review of Town records, a temporary certi?cate of occupancy for the Premises was issued on September 18, 2015 for Temporary Modular Classrooms, which certificate expired on September 30, 2017. Upon information and belief, no new certi?cate of occupancy has been issued since that date. 8. Use of the premises without obtaining a certificate of occupancy is a violation of Town of Ramapo Zoning Code 376?149, for failure to use the premises in conformity with a certi?cate of occupancy. WHEREFORE, I respectfully request that this honorable Court issues an injunction prohibiting use and occupancy of the premises at 261 Route 306, Monse new York 109 ess and until the Town of Ramapo issues a proper certificate of 0c i SW to before me this 3 L0 day of June, 2018 WmdeC-V Notary Public MELINDA MALLIA 2 NDIARY PUBLIC-STATE OF NEW YORK No. Quali?ed in Rocklund County My Commission Expires March 92. 2019 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 9 INDEX NO. 030716/2018 RECEIVED NYSCEF: 06/13/2018 INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 9 Town Building. and Planning NY Suffern, No: Certificate Building Permit Nutnber: 15-0283 Permit Date: 7/24/2015 9/18/2015 Building Tax Map LD.: 49.7-1-38 Expires: YAD KEREN Location: 261 KEREN to: Zone: LLC YAD of structure TEMPORARY *EXPIRES for which MODULAR Occupancy Use: Occupancy Class: Assembly VE USE:TEMPORARY 9/30/2017 Construction NY R-40 PERMITTED Portion VEZER RT 306 RAMAPO, Issued OF OCCUPANCY 0231 of Issne: Owner: 10901 CERTIFICATE Date Parcel 59 357-5100 (845) TEMPORARY Department Zoning Route 237 RECEIVED NYSCEF: 06/13/2018 Ramapo of TEMPORARY SCHOOL Type: Load: Occupancy Sprinklers Required: Inspection classification: NO SCHOOL certificate issued: CLASSROOMS 9/30/2016* Building Inspector Certificate of Occupancy will be issued only after the Building Inspector determines that the completion of the The Temporary construction is in compliance with the New York State Uniform Fire Prevention and Building Code and The New York State Energy Conservation Construction Code and with other laws, ordinances or regulations affecting the premises, and in conformity with the approved required plans and specifications. A final electrical, plumbing, before the issuance of the Certificate of Occupancy. heating or sanitation certificate or other evidence of compliance may be FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 10 INDEX NO. 030716/2018 RECEIVED NYSCEF: 06/13/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 100C. 10 RECEIVED NYSCEF: age Paul Piperato, County Clerk 1 South Main St, Ste. 100 33 New City NY 10955 (s45) 6386070 RockIend County Clerk Recording Cover Sheet Received From 265 ROUTE 306 MONSEY, NY 10952 m?t?eMx-M New! First GRANTOR . - . [Riser?1N YAD VEZER LLC . I First GRANTEE . [Eerie DIVREI CHAIM I Index Type: Land Records Instr Number 2016-00005999 Book Page .. r2same $91??th 71-34 Type of instrument: Deed . Type of Transaction Deed . - Recording Fee: $191.The Property affected by the Instrument Is Situated In Ra'mspu, In the . Recording Pages 5 County Of ROCkland, New YDTK Real Estate Transfer Tax State of New York - - RETT #1 3359 County of Roekls?ti . I hereby that the within and foregoing was - 30-00 recorded In the Clerk's of?ce for Rookland County. RETT Amount: $0.00 NewYork On (Recorded Date) 03/002016 I Total Fees $191.00 At {Recorded 'I?Ime) 9:56:..-..- .3: I -4 . A Ic. 1.x. u. I Doc ID 0372795200005 Paul Piperato, County Clerk . - .- - . . ?13" :15 a - . . This sheet constitutes the Clerks endorsement required by Section 319 of Real Property Law of the State of New York Ila Entered By: NYROCKLANDUSERZS Printed on; 03I0212016AtFit4-19?umber' 2016 00005999 Seq. 1 Air; 4 . ?'iL-Ih? FILED: RC NYSCEF DOC.1 COUNTY CLERK 06/13/2018 10: 35 AM Sage 2 065 I But-gain and SaleDeed. with Covenant strains: Gnu-W?s Ads ??ntiivi?us.l or Coronation (Single Sheet) CONSULT BEFORE SIEMENS THIS INSTRUMENT SHOULD BE USED BY LAWERS ONLY. THIS made the 26111 day of February, in the year 2016 BETWEEN Koren Yad Vezer LLC with an address 251 Route 306 Monsey NYIDQSE patty ofthe ?rst part, and Cong. Diwei Chaim with an address 261 Route 306 Moosey NY10952 part}r of the seoond pert, WITNESSETH, that the party of the ?rst part, in consideration of ten dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the seeond part forever, ALL that certain plot, piece or parcel of land, with the buildings and hnprovements thereon erected, situate lying and being in the See Attached Schedule A TOGETHER with 'all right. title and interest, if any, of the party of the ?rst part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the ?rst part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the ?rst part covenants that the party of the ?rst part has not done or suffered whereby the said premises have been enemnbered? us any way whatever, except as aforesaid. AND the party of the ?rst part in compliance with Section 13 oft-he Lien Law, covenants that the party of the ?rst part will receive the consideration for this eonveyanee rent will hold the right to receive sueh consideration as a trust fund to be applied ?rst for the purpose of paying the cost of the improvement and will apply the same ?rst to the payment of the cost of the improvement before using any part of the total of the same ?r any other pm'pose. The word ?party? shall be construed as if it read ?parties? whenever the sense of this indenture so requires. written. IN PRESENCE OF: . Ari Weldman President File Number: 21116430005999 Seq: 29131 INDEX NO . 030716/2018 RECEIVED NYSCEF: 06/13/2018 FILED: COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. Nop?g?li?iI .- ACIDIOWLED GEMENT TAKEN IN YORK STATE State ofNew York, County of Rockiand, ss: On the 26th day of February in the year 2016, before me, the undersigned, personsliy appeared Ari personally imam to me or proved to me on the basis of satisfactory evidence to be the individuelts} whose nmns(s} is (are) subscribed to the within instrument and aciosowledgcd to me that be/she/they accented the same in hisfberftheir capaciw?ies), and that by hislherftbeir sigosttu'elfs} on the insn'un-Lent, the indiuiduelts), or the person upon behalf of which the individual?s} noted. executed the instrument sncos HINRAICH Notary Public, State of New York No, Quali?ed in Rookie County CommiSSion Expires 28, 20 ACKNOWLEDGEMENT BY SUBSC ING WITNESS TA KEN IN NEW YORK STATE State ofNew York, County the year before me, the undersigned, a Notary Public in and for said State, personally appeared the subscribing witness to the foregoing instrument, with whom lam personally acquainted, who, being by roe duly swam did dcpore and say that heishw?tbey reside(s) in ?fth: place oftesideoce is in a chat, include the street and street oumberifeny, ?tment}; that he/shef?rey koow(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said outcome the some; and that: said witness at the same time subscribed bisihen'dteir oame?s} as a wits-Less thereto Bargain and Sale Deed With Covenants Title No. Ker-en Yad Vener- LLC TO Cong. Divrei Chaim DISTRIBUTED BY YOUR. TITLE The Judicial Title Insurance Agency LLC EDD-251-TITLE {84353 FAX: RECEIVED NYSCEF: TAKEN IN NEW YORK STATE State ofNew York, County the year before rneI the undersigned personally appeared personally known to me or proved to toe on the basis of satisfactory evidence to he the individuniIEs} whose nnme(s) is {are} subscribed to the within instrument and aciorowledged to me that heisltefthe}l executed the some in bisn'herfiheir and that by hinherr'tbeir signature?s} on tire the indiuiduslris), or the person upon behalf of which the individnniis} acted, executed the ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE *Stete of County of 53: *{Or insert District of Columbia, Territory, Possession or Foreign County) On the day of in theyesr before me the undersigned personally appeared Personally known to roe or proved to me on the basis of satisfactory evidence to be ?re individualiis} whose name-(s) is (are) subscribed to the within instrument and aniotowledged to me that helshettbey executed the some in capacity?iesj. that by histherltheir signature(s) on the instrument the individunl(s} or the person upon behalf of which the indiuidusifs} Boned, executed the instrument; and that such individual malts such appearance before the undersigned in the {add the city or political subdivision and tbe state or country or other place the aclosowledgem ent was taken). SECTION: 49.07 1 LOT: SE COUNTY DR. TOWN: Rocidsnd RETURN BY lit-EAR TO: INDEX NO . 6? ?rm caters. 153. Route? ?ling Ml roses File Number: Seq: 3 030716/2018 06/13/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 10 RECEIVED NYSCEF: 06/13/2018 Page 4 a? um WEB tel 3 SCHEDULE A i DESCRIPTIDN OF PREMISES Title No. 8081335 ALL that Certain plot, piece or parcel of land. with the buildings and improvements thereon erected. situate. lying and being in Monsey, Town of Ramapo, County of Rocklancl and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the Westerly side of the Monsey Ladentown Road [New York State Highway No. 690) distant 145.00 feet northerly as measured along said westerly side of Mousey Ladentown Road from the northerly end of the curve joining said westerly side of Monsey - Ladentown Road with the northerly title of Viola Read and running thence 1. South 76? 42? 10" West. a. distance of 286.07 feet; thence 2. North 11" 20? West, a distance of 215.00 feet; thence 3- North 30? 49? 15" East along the southerly line of lands now or formerly of Faust. a distance of 246.13 feet to an iron pin in the westerly side of the Monsey Ladentom Road: thence 4. Sauth 22" 52? 11? East along said westerly side of the Monsey Ladentown Road, a distance of 2091) feet to the point or place of beginning. Excepting therefrom so much of said premises as was taken by the People of the State of New York in ilihor 335, Page 2660 for highway purposes. so We 6' am or to. 5060 MW File- Number: 2053*013333322 Seq: 4 File Number: 2016-00005999 Seq: 4 NYSCEF DOC. NO. FILED: ROCWD COUNTY CLERK 06/13/2018 10: 35 AM INDEX NO- 030716/2018 RECEIVED NYSCEF: O6 13 2018 6 Human-awn ?'mm Tm?un and?nam Hun-hum ?hummus-vim ?l I RP- SITE-PUP a up? tw nm and In? I'm" ma 10952 "ml-'m nu- Ila-r um. um: mm "m "Fi? minimum-mum? d" 1 on manta-u T?mh'?m on 1.25 nu?. 2-H mu .5. . ?tumult-Mummy? mm mm 1.1.: I: ?I'm "w In). ?4 Hdhmuhau??: 1. mm 3-2 magma-mun 1atq-?I-??namg?fy?b . ?l?uunu "mu" man?Ir? In a Inn-nun uzlzarzuls awry-surm- 0212512015 I humid-mg: unnum- It my: ?humans-um. - - . WWEWKTI ?titanium-um? EL. nun-ura- ll: gum - a? 3m: qua?mun? as! "If. Tumu- wbh?ihdth-? . 'Iu-I?Inl I an: was: ?a mun?q File Number: 201660005999 Seq: 5 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 11 INDEX NO. 030716/2018 RECEIVED NYSCEF: 06/13/2018 INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF 4j.-.,11 DOC.~QfNO. RECEIVED NYSCEF: 06/13/2018 Town Board 237 Rt 59 Suffern, NY 10901 Meeting: 11/16/1706:00PM DOC ID: 4037 ADOPTED . +4/it'll,O glott _ . 2017-456 Authorization Commence to an Congregation Congregation WHEREAS, Divrci Director of Building, Planning Monsey, New as a temporary a permanent for WHEREAS, used as a school NOW, the York, school, the CONGREGATION for approval in violation Attorney's a received to use a modular Zoning, school, pending 306 - Chaim Divrei Chaim Route 261 its permit from structure at 261 located application final for site the Mallia, Anthony Route plan 306, approval and the is ADOPTED I, MOVER: Brendel ! SECONDER: ~ Fredric Brinn, Councilman AYES: Fredric Brinn, Brendel ABSENT: Patrick J. Withers lapsed by the Town to enjoin ; RESULT: has and the is still building continued to Board of the Town commence use of the to above of Ramapo an action property [UNANIMOUS] Councilwoman Charles, Charles, being Law, authorized hereby CHAIM DIVREI Zoning RESOLVED BE IT Office school temporary of the Town's THEREFORE, Town and Injunction: Michael Rossman, Yitzchok Ullman that against as a school. FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 12 INDEX NO. 030716/2018 RECEIVED NYSCEF: 06/13/2018 INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/13/2018 Town of Ramapo Planning & Zoning Department 237 Route 59 Suffern, . New York 10901 845-357-5100 845-357-5140 Fax ",l ~' alta!i' f y.) «p««"'.' r 4 j-pt.t4.0ia=j<3ii.f)il«i To: Director Re: Application of Planning & Zoning rp of Sc No Fax No. Email Address Applicant's $1 tur 1 NOTE 70 APPLICANT: it will be the responsibility of the one person desionated on this form to notify all ~es~~d~qs~t' ~asas~d~rl'so~at' las s~swerve sa~ a .~alic~l ~o ~xa rle a~tr~a~rc a~ri~~en 'laal~en ~in a -" ex~pe ~ali~t aitttri e r',',r« l>«i,~ FILED: ROCKLAND COUNTY CLERK 0 6/13/2018 10 :35 AM INDEX NO- DOC . NO . 12 RECEIVED NYSCEF: TOWN OF PLANNING DEPARTMENT 23? ROUTE 59 SUFFERN, NEW YORK 10901 345*357~5100 EX. 269 845357-5140 FAX Mpeveiopment Fran Approval [Ia/?gural Permit Date: S?bmg?bmw Name of Project EA 9 3??le 90 Address of iject 3&6 ?ndk 6" Phone No. i 6; 3 (fab Name of Applicant [in 4 Fax Na. Address 310? M300 (Street Name No.) (City) (State) VF (Zip Code) Owner of Record 8:1} mi phone No. 6 9 AddreSs 26 @53ka 30 ?Fax. No, {Street Name 8: No.) (City) (State) (zip code} - Name of Permn Frapari?g Plan Phane No. 3? 2 ?re, hm Address ?bk fax. No. (Street Name Noi) (City) (State) (Zip code) Attorney Phone No. Address Fax, No. (Street: Name No.) (City) (State) (Zip code) - 95" Location: Onthe side of 30@ (Street Name) :3 feet mm of \f {?31.11 31M (direction) 1 Tatar Acreage Kane ?f 1/0. PB Farm No. 4 G?ilf?? Rev. Rem EIESIUQ 030716/2018 06/13/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: (36/13/2018 11, Has the Zoning Board of Aopeals granted any variance or soeciai permit concerning this property? If 50, list case no. 8t name 15. List all contiguous holding in the same ownership {as de?ned in the Ramapo Zoning Ordinance). Section(5} Elloclt . Lot{s) Attached hereto is a narrative summary prepared by the. applicant?s design professional stating the nature of the use; comeliance with?the Zoning Law; compliance with Site Development Plan Rules and Regulations: any requeated waiver or modification. At the time of any additional submissions, a similar narrative?surnmary shall be submitted indicating how the revised submission has been modified to comply With the Planning Board resolution and/or Community Design Review Committee Report, or the rationale for deviation from compliance. Attached hereto is an af?davit of ownership indicating the dates the reapective holdings of land were acquired, together with the fiber and page of each conveyance into the present owner as recorded into the Rockland County clerk's Office. This af?davit shall indicate the legal owner of the property, the contract or owner of the property and the date the contract of sale was executed. IN THE EVENT OF CORPORATE UWNERSHIP: A list of all directors, of?cers and stockholders of each Corporation owning more than five of any class of stock must be attached. STATE OF NEW YORK CQUNTY OF ROCKLAND 55.: TOWN (hereby deoose and say that all the above statements and the statements contained in the papers submitted herewith are true. Af?rmed to before me this r? if} 265be of Mt. if?. ff '27 ?rnl County C?mmloeian Entire; {He'll ?:31 531313; Notary Public PB Form No. 4 a; 1 i 84 Rev. BISIBS, Rev: 8i25l09 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX 110- 030716/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: (36/13/2018 TOWN OF RAM A PD TOWN HALL 3237 Route-59 Suffern, NY 10961 (845} 35151130 PLANNING BOARD AFFIDAVIT OF OWNERSHIP STATE OF NEW YORK COUNTY OF ROCKLAND 3-38.. OF @wf?f ??fipj?h?jgm? being duly sworn, hereby depoae and say m; I reaide atSa?gw I am 11161 (0?17 (@1va owner In fee siniple of 9358111541638 loam-ed at MQM K?dt? MW {11/ described in a Certain deed 0f said premi.sa5 reggrded 1n 1:he Rockiand County Clerk' 3 Office in Liber of conveyance-, page Said premises have haen 1n my/113 possession since 19 . Said premises are 1_lso known and desig?ated the Tewn of Ra.map0 Tax Map as section lat (5) ?38 . r?worn to befara me thig ?day of 311Notary Public If mwner is a carporation, 111-1-1n the offj.ce11eid by deponent aand name a: 1:01p0ra11 on - and p11v1? a 1151 ch 32.1 41111101), 0Efice1$ and stackhm?de1s owning mur.e than 5% 01 any criaas of:atcrx1. If cc1porat$ oijcer 1ndicate-pa31110n. PB Fox-m 13 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- NYSCEF DOC. RECEIVED NYSCEF: Tewn of Ramapo 237 Route 59 Suffem, NY 10901 845.337.5200 ext. 280 Planning Board . OWNER 5 CONSENT AFFIDAVIT 1. Name of Project 6A6 (St; 4mg! 2. Name of fee owner (?6'39 ?if? Ch! .2. Addrese Q?i @173 3! 0 (StieetN 0. 2222222222} 2 2 (City) (StateHKipCode) 3. Name of Applicant Mg? ?aw Phone Address a: QW fwf? g?wm MW Wm (Strata-two. 82 Name) (City) )(State) (Etta-time) State of New York. County of Recklend 55". Town of Ram .. 292.222 2., .2 being duly sworn depeses and says that he resides at . . ammun? in the County 0f 2 it: in the State of MVV . .. that he is the owner in Fee of all that certain tot, piece or parcei of land situated. lying aed being in the own of Ramapo aforesaid anti ?esigneted as . . i? 22 Lot Neu?u in Section No . of the Ramape Tait Map and the: he hereby authorizes the within application in his behalf anti that the statements at fact contained in said application are true. and agrees to be bountf by the tietermlnation of the-Board. Sworn to before me this Edy? . 1222;225:215 . 22 Notary PUbllC 35012er 2: .2 i 24:22.2 ?mrrt CGUHW Of Rnckiand i522?; .2.2. 22. 2.2 .2. FR Form-11048) GAME ?L'an?h, "gar: 030716/2018 06/13/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 DOC. NO. 12 RECEIVED NYSCEF: 06/13/2018 51116711011 131.39 01" 11115. (317.??11331111?11- "11111111 01" 111111111111: 111111111111) '1'011'11 1 11111 3317 1101111: '59 Staff'e'm. New York 10901 S'i'A'l'li (11" 13W YORK) COUNTY 01" ROCKF 33.: 11 ?11?111?11?0 111111112111 151/31'4/11'11 .. lacing 111111 ?1111111 11121111) {11.111351 :111115213 112211 1111 1111- 1111'11111111g smemunm 111111 1111' 31111111113111; canlainul 1111 1.1311135 submitted 11111111111111 111:1 true 111111 that 1111: 111111111. 111111 cxicm 111 (1)1111 2111' disclosed 11) 111111-111 1.11.511 1111:1' are known 11) 1111: 11139111311111. Q9 11115 99 1 13111111111'11Hpc 11111 11111111: 111111 P1131 (11111311 ?f2??91if?b 13111111135 that he 1111: 1311-1112: 1.11: agent 01" all 1111111111111: 1111 [111211111 111111121111 1111.111 andfm building described 111 1111:: - 11'! $133 11111! applim 111111 11111111111121.1111101 1111: 1111111 111-11111: 1111 11.11111: 7 1'1) 1111: 1.1131111: (1311:1111, (20111111135101: Agency) T111111 1'31" 111111111111), New York: :?1ppl11::1111111. 1111111111111 111' 1121111951 hurt-1331' 5111111111161; for Variance m' 11101111113211'11111 from 1111: 1'1:quir1:m1:n11:fSuction Special 176111111 111-1 1111- 111311111111 Review and 11m: 11:11:11 r11 proposed subdivisicm 111211; 1.511011111111111 {1:11.an :1 [31:11 112? Of?cial map; An (31:11:31 11:1 1115111: :1 {Sc-111111111113 Permit, 01- 1117131111: 11 mnemln'wm 111 1111 Inning 111' 11111111 111' 1111111112 C:}1l:11' (56490 1 111 111'1'1111? 1111' 1:01:511'111'1'11111 111211111'21211111' 111113 1111: 111 5.1.1.1? ?nub,? .. . .17. - wir Y. mm Ex.) 51.1 1171 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 13 INDEX NO. 030716/2018 RECEIVED NYSCEF: 06/13/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: [36/13/2018 SUPREME COURT or THE STATE OF NEW YORK COUNTY OF ROCKLAND THE TOWN OF RAMAPO, SUMMONS Plaintiff, Index No. 0 50110919018: ?a,gainst~ Filed: a O?q [349183 GONG. BAJS CHIN ATERES BNOS, GONG. DIVREI CHAIM, and JOHN DOE Basis for venue: Numbers One through Twenty, JOHN DOE being Location of subject premises, a ?ctitious name used to represent individuals 261 Route 306, Monsey, whose identi?es are presently unknown, New York, Town of Ramapo, County of Rockland Defendants. To the above named Defendants: You are hereby summoned to answer the Veri?ed Complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: Suffern, New York February 3; 2018 Yours, etc. 3 3? MCHAEL L. KLEIN, ESQ. Town Attorney Tom of Ramapo Attorney for Plaintiff 237 Route 59 Suffern, New York 10901 (845) 357-5100 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: [36/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND THE TOWN OF RAMAPO, . VERIFIED Plaintiff, COMPLAINT against- IndexNo. 0301 (0 IaOl E3 GONG. BAIS CHINUCH ATERES BNOS, CONG. DIVREI CHAIM, and JOHN DOE Numbers One through Twenty, JOHN DOE being a ?ctitious name used to represent individuals whose identities are presently unknown, Defendants. Plaintiff; by its attorney, Michael L. Klein, Esq-, complaining of the Defendants, alleges as follows: 1. Plaintiff is a municipal corporation organized and existing under the laws of the State of New York, situated in Rockland County, New York whose principal offices are located at 237 Route 59, Suffern, New York. 2. Upon information and belief, Defendant GONG. BAIS CHENU CH ATERES BNOS (hereinafter was and still is a New York religious corporation organized under Article 10 of the New York Religious Corporation Law with of?ces located at 261 Route 306, Monsey, New York 10952. 3. Upon infonnation and belief, Defendant GONG. DIVREI CHAIM (hereina?er with a business address of 49 Main Street, Spring Valley, New York 10977, was and still is the owner of certain lands and premises located at 261 Route 306, Monsey, New York 10952 and designated on the Town of Ramapo tax map as Section/Block/Lot 49.07/18 8 (hereinafter ?the premises?). .4. FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 4. Upon information and belief, Defendants are responsible for ensuring that the property owned, possessed and/or maintained by their organizations is safe from fire and building hazards and is code?compliant. 5. The premises at issue comprise a modular structure composed of approximately ten (10) interconnected trailers used by Defendant as a school. 6. Upon information and belief, the premises are currently occupied by over three hundred (300) children, as well as various employees or agents of Defendants. 7. Plaintiff issued a temporary certi?cate of occupancy for the premises on or about September 18, 2015, which certificate expired on or about September 30, 2016. No new certificate of occupancy has been issued since this expiration date. 8. Upon information and belief, the premises continue to be used by Defendants and their of?cials, directors, agents, employees, representatives, students and invitees as a school for approximately three hundred (3 00) young girls, without a valid certi?cate of occupancy. 9. Upon information and belief, the premises are in violation of the Code of the Town of Ramapo, the Fire Code of the State of New York, the Building Code of the State of New York, and the Property Maintenance Code of the State of New York. 10. The condition of the premises is set forth in detail in an af?davit offered by Town of Ramapo Assistant Fire Inspector Joseph Tiso attached herewith as Exhibit and mcorporated herein by reference. 11. In his af?davit, Inspector Tiso details the dangerous conditions presently existing at the premises, which conditions place occupants of the premises, including hundreds of children, at grave risk of personal injury- 12. Upon information and belief, as set forth in the af?davit of Inspector Tiso at Exhibit 06/13/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: Defendant?s unlaw?il use of the premises violates the following laws, rules, and regulations, and building and safety codes, among numerous others: a. Zoning Code of the Town of Ramapo, Section use of the premises without a certi?cate of occupancy authorizing said use; in. Multiple violations of the New York State Fire Code; c. Multiple violations of the New York State Property Management Code; d. Town of Ramapo Local Law 6?1997, Ramapo Town Code Section 144-15, regarding Electrical compliance, requiring that all electrical appliances, ?xtures and wiring shall be installed in accordance with the current edition of the National Electric Code (NFPA 70), all electrical appliances, ?xtures and wiring shall be maintained so as not to be a fire hazard nor a source of ignition for combustible or hazardous substances, materials, or devices; 13. If the Defendants are not restrained and enjoined from the use and operation of the premises without curing the code violations presently existing, the same will continue to place lives at risk, including those of children currently occupying the premises. 14. If the Defendants are not restrained and enjoined ??om the use and operation of the premises without having any certi?cate of occupancy, the same will continue in an unlawful manner and will continue to be violative of the laws of the Town of Rarnapo. WHEREFORE, for all the foregoing reasons, Plaintiff demands judgment enjoining Defendants GONG. BATS ATERES BNOS and GONG. DIV REI CHAIM, and their of?cials, directors, agents, employees, representatives and invitees from all use and occupancy of the premises at 261 Route 306, Monsey, New York 10952, except in conformity with any valid certi?cates of occupancy, and that Plaintiff has such other and further and different relief as justice may require together with the costs and disbursements of this action. INDEX NO. 030716/2018 06/13/2018 INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 13 Dated: RECEIVED NYSCEF: 06/13/2018 Suffern, February New York _2018 2018 Yours, etc. MICHAEL L. KLEIN, Town Attomey Town of Ramapo for Plaintiff Attorney 237 Route Suffern, (845) ESÓ. 59 New York 357-5100 10901 INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/13/2018 ATTORNEY'S STATE NEW YORK OF VERIFICATION ) )ss.: COUNTY OF ROCKLAND That of New York; action; and the same that Esq. L. Klein, has upon written read the information verification corporation. is a municipal is an attorney is Town deponent deponent is true, This Ramapo Michael ) and belief, The Dated: undersigned Suffern, February New affirms and the foregoing and as true in Town under the knows believes not law one of Ramapo, of deponent's and Records to practice Complaint, deponent by deponent grounds admitted the Town Verified foregoing Books The for Attorney is made duly them the Town in the of the contents the penalties of the in the State within and that the Town of thereof, to be true. of Ramapo Hall of perjury. York 9, 2018 Michael parties because as to all matters belief Courts L. Klein are as follows: FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 13 INDEX NO. 030716/2018 RECEIVED NYSCEF: 06/13/2018 EXHIBIT A FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- NYSCEF DOC. NO. 13 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND THE TOWN OF RAMAPO, AFFIDAWT IN SUPPORT Plaintiff, against? GONG. BAIS CITLNUCH ATERES BNOS, GONG. DIVREI CHALM, and JOHN DOE Numbers One through Twenty, JOHN DOE being a ?ctitious name used to represent individuals whose identities are presently unknown, Defendant. STATE OF NEW YORK COUNTY OF ROCKLAND I, JOSEPH being duly sworn, deposes and says: 1. That Ilam the Assistant Fire Inspector for the Town of Ramapo, and have been so employed for approximately 21 years. 2. My duties as Assistant Fire Inspector include the investigation and enforcement of the Zoning Law of the Town of Ramapo and the New York State Uniform Fire Prevention and Building Codes. 3. This Af?davit is submitted in support of the accompanying application for a temporary restraining order and a preliminary injunction directing the Defendants CONG. BATS ATERES BNOS (hereinafter and CONG. DIVREI CHAHVI (hereinafter their of?cials, directors, agents, employees and representatives, to cease all use and occupancy of the premises at issue in this matter unless and until certain ?re and safety code violations are cured, and unless and until the Town of Raniapo issues a certi?cate of 030716/2018 06/13/2018 lndexNo. obo?llt?l?oiO FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: occupancy for the premises at issue in this matter. 4. The premises (hereinafter known as ?the premises?) include a modular structure constituting approximately ten 10) interconnected trailers used for a girls? school in the Town of Ramapo at the address of 261 Route 306, Monsey, New York 10952. 5. A temporary certi?cate of occupancy issued for the premises by the Plaintiff Town expired in July of 2017, but the structure is currently being used and occupied by over three hundred (3 00) young girls under the age of eighteen (18) studying at the school. 6. lf the Defendants are not restrained and esnjoined from the use and operation of the premises except in conformity with any certi?cate of occupancy to be issued by the Town of Ramapo, the same will continue in an unlawful manner, will continue to be violative of the laws of the Town of Ramapo, and will endanger the health and safety of Defendants? students, invitees, owners, employees, agents, as well as anyone else occupying the premises. Backgzound 7. Plaintiff, T0wn of Ramapo, seeks a temporary restraining Order and preliminary injunction to prohibit the unlawful use and occupancy of the premises located at 261 Route 306, Monsey, New York, designated on the Town of Ramapo Tax Map as Section 49.7, Block 1, Lot 38. 8. Upon information and belief, the premises are owned by Defendant CONG. DTVREI CHAIM. A cepy of the deed to the premises is attached as Exhibit A. Upon infonnation and belief, Defendant GONG. BATS CHENUCH occupies the premises and owns, operates and maintains a school for girls. 9. According to my review of Town records, a temporary certi?cate of occupancy for the Premises was issued on September 18, 2015 for Temporary Modular Classrooms, which certi?cate expired on September 30, 2016. A cepy of the temporary certi?cate of occupancy is attached as Exhibit B. Upon informatitm and belief, no new certi?cate of occupancy has been issued since that date. 06/13/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10. Use of the premises without obtaining a certificate of occupancy is a violation of Tovm of Rarnapo Zoning Code 376-149, for failure to use the premises in conformity with a certi?cate of occupanCy. impaction Hiring; ll. On February 1, 2018 I visited the premises because my of?ce was noti?ed that the ?re alarm company on record as having serviced the premises was going to request a cancellation of its account at the premises due to nonpayment. This would mean that there would be no ?re alarm company servicing the premises, and we were concerned for the occupants of the premises- 12. On February 1, 2018, the school was Open, but nobody was present. I did not conduct an inspection, 1 13. I returned to the premises on February 2, 2018 with Tovm of Ramapo Fire Inspector Michael Lepori. We spoke with a male employee at the school whom I gather to be in his mid-203, and he granted access and walked us through the premises. At that point we conducted an inspection of the premises. 7 14. At this inspection, I saw more than three hundred (300) people occupying the premises in various sections. Most of the occupants were female children who appeared to be under the age of eighteen (I 8). 15. As described in detail below, I discovered many ?re safety and general safety violations throughout the property, and I confidently state that the premises should not be occupied by anyone until a certi?cate of occupancy is issued and the violations detailed below are cleared, lest injuries to children and adults alike occur. 16. I saw approximately 7 to 8 classrooms, which I believe should have supported no more than 18?20 people each. However, almost all the classrooms appeared to exceed these occupancy limits. Some classes had between 6 and 9 more children than occupancy would allow. Exceeding occupancy limits or occupancy load constitutes a ?re code violation, namely 3 06/13/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: international Fire Code as adepted by New York State (hereinafter ?1004.1.2. 17. On the exterior grounds of the premises we found trash and debris, including an old discarded vinyl pool; this is in violation of the International Property Maintenance Code as adopted by New York State (hereinafter at ?304. l. 18. A hose originating at an adjacent structure at 265 Route 306 in Monsey was apparently supplying water to the premises on account of what I understood to be a frozen water supply at the premises. I do not know whether the frozen water supply issue has been resolved to date, but what I saw on February 2, 2018 was a violation of ?505.l, in that the water supply for the premises was not either a public water system or an approved private water system, but an adjacent modular structure?s water supply. 19. I saw no Knox box, which is a required key box used by a Fire Department for entry to the premises in an emergency. This is a violation of IFC ?506. 20. urthermOre, I saw no fire safety, evacuation and lockdown plan for the premises, in violation of IFC ?404. 21. At least three (3) classroom exits were blocked by desks and chairs, and the rear ?all?purpose? room door leading to the exterior deck had items on the exterior, preventing clear ingress and egress. The premises are accordingly in violation of IFC ?1031.3, which holds that a means of egress shall be free from obstructions that would prevent its use. A safe, continuous path must be provided from any point in a building or structure to the public way; a means of egress must comply with ?re code. _S_ee IPMC ?702.1. 22. I discovered that rooms had penetrations in the ceiling sheetrock, which could complicate the containment of ?res in the structure, in violation of IPMC ?305.3. I discovered many holes in sheetrocked walls. Sheetrock for walls is designed to prevent ?re from getting into a property?s framework, and must therefore be intact to meet safety standards- 23. Cracked ceilings with open seams and open holes in walls throughout the building exist, and are violations of IPMC ?305.3 regarding the condition of interior surfaces. 4 06/13/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 24. Multiple smoke detectors were covered up. Missing smoke detectors are violations of IFC ?907.2.8.3. 25. There was no posted evacuation plan, which is a violation of IFC ?404. There was no evidence of any employee training for fire safety, or that ?re drills were conducted. This is a violation ?406.l. 26. There was no light test record for emergency exit lights, a violation of ?107. l. 27. I found a broken window on the north side, in violation of TPMC {$304noticed ?oors in disrepair, with missing tiles. Walking surfaces must be in sound condition and good repair, per IPMC ?3 05.4. 29. Dividers in classrooms spanned too close to ceilings in violation of ?315.3.l, which requires at least twenty-four (24) inches of ceiling clearance. 30. I saw exposed electric wiring in a classroom. Wiring came out of the ceiling onto a table, in violation of IFC ?605.6. Furthermore, electrical outlets did not have covers in various classrooms, a violation of IPMC ?605.2. 31. Electrical appliances, ?xtures and wiring were not installed on the premises in accordance with the current edition of the National Electric Code (NFPA 70). All electrical appliances, ?xtures and Wiring must be maintained so as not to be a ?re hazard nor a source of ignition for combustible or hazardous substances, materials, or devices. The Defendants are therefore in violation of the Town of Ramapo Local Law 6-1997 (Section 144-15 of the Fire Prevention Chapter-of the Ramapo Code). 32. I witnessed a portable electric space heater in a classroom that was located next to a wall and a chair. Portable electric Space heaters may not be operated within three (3) feet of any combustible materials, according to ?605. 10.4. 33. Attached to Plaintiff?s submission in support of a temporary restraining order and preliminary injunction are various photographs that I took of the inspected premises which illustrate violations I discovered. 06/13/2018 INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/13/2018 I 34. Fire Based the Inspector, regard for issue until and numerous the health and and unless the aforesaid of the premises inspection on my physical code serious of occupants. safety at the violations is no There are cured violations and my knowledge in their evidence premises certificate as an Assistant a lack and none of occupancy, to the satisfaction entirety of due will of Town officials. I WHEREFORE, restraining order Route Monsey and 306, and directors, violations unless agents, presently and until York existing the Town BAIS and at the subject issues this honorable use and and until CHINUCH employees of Ramapo that prohibiting unless 10952, CONG. occupant/Defendant officers, injunction preliminary New request respectfully a proper to the certificate f" to before ay of me this February, 2018 W~u Notary Public ~ MELINDA MALLIA NOTARY PUBLIC-STATE OF NEW YORK No. 01MA6320107 Qualified My Commission in Rockland County Expires March 02. 2019 6 and to cure Town of their Building Ramapo's of occupancy. OSEPH Sworn CONG. BNOS, cause representatives issues of the occupancy owner/Defendant ATERES premises Court IS a temporary at 261 premises DIVREI officials, and CHAIM directors, Safety satisfaction, code and FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO . 030716/2Ql8 . . n, NO. 13 Paul Pipe-ram. GOUHW Clerk RECEIVED NYSCEF: 06/13/2 6,118 1 South Main St, Ste. 100 3i- New City, NY 10956132- {845) 5386070 Rockiend County Cierk Recording Cover Sheet gt Received From TTB t? 255 ROUTE 305 is MDNSEY, NY 10952171 First . YAD VEZER LLC . 7 -. First GRANTEE . [some DIVREI CHAIM I Index Type: Land Records ?ne Instr Number 2016-00005999 - Book Page Type of Instrument: Deed 5 Type of Transaction Deed 5 Recording Fee: $191.00 ?ii . The Property effected by this Instrument is situated In Ra'rnepo, in the Recording Pages 5 Coonty of Rookiand. New Yark Real Estate Transfer Tax State of New York . . 1 RETT 3859 (haunt).r oeklend :5 . i hereby certify that the within and foregoing was Dead Am?mnt- $03? recorded in the Clerk's of?ce fbl' Rookiand County, RETT Amount $0.00 New York On (Recented Date) OSIOIIZDIS Total Fees $191.00 At (Recorded Time) 9:56:0372795200005 Paui Piperato, County Cierk This sheet constitutes the Clerks endorsement required by Section 319 of Real Property Law of the State of New York 1 Fiel Nu - 651.1 Entered By: Printed On: 0310212016 At: 4::1941I5nber' 2016 000 5999 Seq d?d ufoqral'mit. -. veg-.1 "If-lu- FILED: NYSCEF DOC. ?l O. .13. anagram COUNTY CLERK 06/13/2018 INDEX NO- RECEIVED NYSCEF: p6/13/2018 I r. Barsm'n and Sale Deed, with Covenant against Grantor's sen Individual or Camuraiion {Single Sheet] CONSULT YOUR LAWYER BEFORE SIGNING THIS BE USED BY LAWERSI DNLY. THIS INDENTURE, made the 26th day of February, in the year 2016 BETWEEN Koren Yad Vezer LLC with an address 251 Route 306 Monsey NY10952 party of the ?rst part, and Cong. Divrsi Chaim with an address 251 Route 306 Monsey NY10952 party of the second part, WITNESSETH, that the party nfthe first part, in consideration of ten dollars paid by the party of the second part, does hereby grant and release unto the Pail-'3' 0f the second part, the heirs or successors and assigns ofrhe party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected. situate, lying and being in the Sec Attached Schedule A TOGETHER with ?all right, title and interest, if any, of the party of the ?rst part in and to any shoots and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the ?rst part in and to said promises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of?ic party of the second part forever. AND the party of the ?rst part covenants that the party of the ?rst part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the ?rst part, in compliance with Section 13 of the Lien Law, covenants that the part3.r ofthe ?rst part will the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied ?rst for the purpose of paying the cost of the improvement and will apply the sarnc ?rst to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word ?party? shall be construed as if it read ?jnarties? whenever the sense of this indentnre so requires. IN WITNESS WHEREOF, the party of the ?rst part has duly executed this deed the day and year ?rst above written. PRESENCE OF: Ari Waidman 1' President File Number: 2016430005999 Seq: 2 m? 030716/2018 FILED: NYSCEF DOC. (assessor) CK) NO. ?1 3 ACIGYOWLEDGEBEENT TAKEN IN NEW YORK STATE State of New York, Count}.r ofRocltlend, ss: 0n the 26th day.. in the year acre, before can, die undersigned, personally appeared Ari Waidrnan personally known to me or proved to me on the basis of satisfactory evidence to he the individuals} Whose annuals) is [are] subscribed to the within instrument and aclmowledged to me that he/shelthey executed the some in hisr'herftheir and that by his/her/their signauire?s} on the instrument, the individunlts), or the person upon behalf of which the individual{s} acted, executed the instrument JACOB xmanrcr-r Notary Public, Slate of New York No. D1K16D96406 Quali?ed in Rooklan County Commission Expires 28. 20 ACKNOWLEDGEMENT BY SUBSC, IBING WITNESS TAKEN IN NEW YORK STAT State ofNew York, County the year before me, the undersigned, a Notary' Public in and for said State, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who. being by me duly swam, did depose and say that helshefthey reside(s} in ?fth: place ot'resldence is in a city, includethe street nontberifany. thereon]; that heisheJthey koow(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said win-Less at the same time subscribed hisihen?dieir nameljs) as a witness thereto Bargain and Sale Deed With Covenants Title 0. Karen Yad Vezer LLC TD Cong. Divrei Chaim BY vooa TITLE. exrsn'rs The Judicial Title insurance Agency LLC 300-231-TITLE [3485] FAX: CLERK 06/13/2018 10:35 AM 030716/2018 06/13/2018 INDEX NO . RECE IVED NYSCEF: ACKNOWLEDGEMENT IN NEW YORK STATE State of New York, County the year undersigned, personnlh.r appeared before me, the personally known to me or proved to me on the basis of satisfactory evidence to be the individuals} whose oamets) is (are) subscribed to the within instrument and aclo-towledged to me that executed the same in hisiherftheir capacity?es), and that by hisr'hcn'their signature?s] on the instrument, the individuai(s), or the person upon behalf of which the incl ividual?s] acted, executed the instrumeut. ACKNOWLEDGEM TAKEN OUTSIDE NEW YORK STATE *State of County of 55: *(Or insert District of Columbia, Territory, Possession or Foreign County) 0n the dag.l of in the year before me the undersigned personally appeared lotown to me or proved to me on the basis ofsatlsfactozy evidence to be the individual(s) whose namels} is (are) subscribed to the within instrument and acknowledged to me that helsher?they executed the same in hisihen'their capacity?ies), that by hisiherftheir signature(s) on the instrument, the individual(s} or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual moire such. appearance beibre the undersigned in the (add the city or political subdivision and the state or country or other place the acimowledgcoient was taken). 49.07 BLOCK: 1 LOT: 33 GR TOWN: Rookland RETURN BY MIL TO: Cir 16? 3?09 ?lmcj fut? File Number: 2015430005999 Seq: 3 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM INDEX NO- 030716/2018 NY Ew?i?. NO. 13' . RECEIVED NYSCEF: 06/13/2018 Page 4 0H ma {hum til-1? SCHEDULE A DESCRIPTION OF PREMSES Title No. 8081385 ALL that certain plot. piece or parcel of lend, with the buildings and improvements thereon erected, situate. lying and being in Moneey, Town of Romapo. County of Rocklend and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the westerly side of the Munsey Ladentown Road (New York State Highway No. 690) distant 145.00 feet northerly as measured along said westerly side of Monsey - Ladentown Road from the northerly end of the curve joining said westerly side of Moneey Ledentown Road with the northerly side of Viola Road and running thence 1. South 76? 42' 10" West, a (listance of 286.07 feet; theme 2. North 1] 2.0" West, a distance of 21.5.00 feet; thence 3. North 80? 49? 15" East along the southerly line of lands now or formerly of Feist a distance ot'246.13 feet to an iron pin in the westerly side of the Monsey- Lecientown Road: thence 4. South 22" 52? 11? East along said westerly side of the Meneey Ladentown Road, a distance of 200.5 feet to the point er place of beginning. therefrom so much of said premises as was taken by the People of the State of New York {?ber 335, Page 2660 for liligh'waj.r purposes. 3mg groom [3 ?Wk 0m feel? 5063 File Number: ZEUS-00539322 Seq: 4 File Number: 2016-00005999 Seq: 4 FILED: CLERK 06/13/2018 10:35 AM NYSCEF DOC . D. 13 030716/2018 06/13/2018 INDEX NO . EECEIVED NYSCEF: 8 ?whim Tma?nn and Flume: 5217-PDF an? MUTE: SHE ?ll-T? mu 10952 CONE cam: ?33. humanmmnuum [dun-Immune"! hm: mm mun-unu- Tug-u- kmhm??A?m 1 MIMdIm?I?ul-yt?f mww-wum m. ammummwm mm In vam Lu: l: turn?nun WW ?animus-um?; mdhm?u??d?n lmmim Inna-rm.? mama-nu mun-II II 'lT' m-mw mun-num? nun-m "Jim? 0212612016 . . 0212512u1a mm ?uh?m BuMummeun-wm unnum- .m a mam-?mundane; - m- aul-Inna m- Mum Inn?I. arm .m - mun Fluid-Inn ?TI-nag? EL. ?nmu?um .. WllI-ull??ihu sum-mo know-m I - uhr My qmmurmummamm II I 5: I, .Ican File Number: 2016-00005999 Seq: 5 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 13 INDEX NO. 030716/2018 RECEIVED NYSCEF: 06/13/2018 EXHIBIT B INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/13/2018 Town Building, Planning 237 Ph. Route (845) Number: Cert. Date of Issue: I.D.: Tax Map Ramapo and Zoning 59, Suffern, 357-5100 Fax Work Number: 15-0283 09/18/2015 Building Permit Date: 07/24/2015 49.07-1-38 Occupancy Use: Occupancy Class: Construction Type: Load: Occupancy Assembly , Inspection Classification: R-40 Sprinklers Required: Description: of structure TEMPORARY Special TEMPORARY SCHOOL Modulars Temporary Portion 357-5140 (845) Permit Issued To: Permit 10901 Building 261 RT 306 Zone: NY 0231 Parcel Owner: Location: Department OF OCCUPANCY CERTIFICATE Certificate of for which MODULAR certificate CLASSROOMS issued: *EXPIRES 9/30/2016* Conditions: Building This Certifies that the new construction plans as per the application Ramapo, the New York State Code. Construction Uniform Permission at the address completed and the permit that was issued, Fire Prevention is hereby granted above conforms and the requirements and Building for its occupancy Inspector to the approved substantially of the Local Law of the Town of Code and the New York State Energy Conservation for the purpose specified above. Please Note: No shrubs, approved fencing or other construction site plan by the Planning is to be placed Board of the Town within ten feet of any pavement af Ramapo. unless specified on a FILED: ROCKLAND COUNTY CLERK 06/13/2018 10:35 AM NYSCEF DOC. NO. 14 INDEX NO. 030716/2018 RECEIVED NYSCEF: 06/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND THE TOWN OF Plaintiff, VERIFIED ANSWER -against? Index No. 0307/2018 CON GREGATION BAIR CHINUCH ALTERES BNOS, DIVREI CHAIM and JOHN DOE Numbers One through Twenty, JOHN DOE being a ?ctitious name used to represent individuals whose identities are presently unknown, Defendants. Defendants, by their attorney, Terry Rice, as and for their Answer to the Complaint herein, alleges as follows: 1. Deny each and every allegation set forth in paragraphs ?l ?13? and ?14? of the Complaint herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 2. Numerous violations exist for similarly situated properties throughout the Town 1 of Ramapo. . 3. Plaintiff is aware of the existence of such violations but has not authorized or undertaken similar enforcement proceedings against those owners or properties. 4. Upon information and belief, Plaintiff has undertaken the instant action against Defendant as a consequence of neighborhood pres sure and media puincity. 5. The foregoing constitutes a pattern of discrimination which has been consciously practiced against Defendant. lofdl Iawsaoogsnmaaw a?E?fdi?dlquFb??ii?dffw AS AND FOR A SECOND AFFIRMATIVE DEFENSE 6. Defendants applied for the requisite approvals for the subject use in or about and has prosecuted its application in good faith. 7. Defendant has prosecuted its appiication expeditiously in good faith. 8. Defendant has provided all material, reports and documentation requested by the Town agencies, boards, of?cials, employees and consultants. 9. In December 2017, the Planning Board adopted a Negative Declaration pursuant to the State Environmental Quality Review Act, thereby determining that the project would not have a signi?cant impact on the environment. 10. The matter is scheduied for the July 2018 agenda of the Town of Ramapo Zoning Board of Appeals for the area variances necessary to implement the project. 11. Despite the passage of more many months, Defendant, its agencies, boards, of?cials, employees and consultants have failed to grant the necessary approvals for the subject use of the property. 12. The property and structures comply with aIl requirements of the New York State Uniform Fire Prevention and Building Code and to all requirements of the Town Code with . reSpect to safety and ?re. 13. Requiring Defendants to cease operations would deprive the students attending the facility of education opportunities. 14. Plaintiff is equitably estopped from requiring that the use of the premises for educational use he enjoined. 20ft] INDEXNO,NO. 030716/2018 030716/2018 FILED: COUNTYCLERK CLERK06/07/2018 06/13/2018 AM COUNTY : ROCKLAND ROCKLAND 07:17 10:35 F ILED PM NYSCEF NYSCEF DOC. NO. 14 5 DOC. NO. State INDEX RECEIVEDNYSCEF: NYSCEF: 06/13/2018 06/07/2018 RECEIVED of New York ss.: of Rockland County Ari Waldman, Affirmant acquainted thereof, alleged grounds records with the relevant of Defendant facts is true information for Affirmant's and conversations deposes sworn, duly is an officer and the same upon being and belief, belief with in the above and has read to the best and says: captioned the foregoing of my knowledge, and Affirmant as to matters not Answer except believes stated upon those Affirmed before me this 7th June 2018 of day 3 of 4 and knows as to matters matters Affirmant's others. /s Ari Affirmant proceeding. Waldman the contents therein to be true. own is knowledge which The are are