INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 SUPREME RECEIVED NYSCEF: 11/21/2018 OF THE COURT COUNTY NEW YORK OF STATE OF ROCKLAND ..........................................................................X TOWN THE OF RAMAPO, Plaintiff, NOTICE OF APPEAL Index 030716/2018 -against- CHINUCH CONG. BAIS CONG. DIVREI Numbers one a fictitious whose identities are DOE JOHN Twenty, to represeñt name BNOS, JOHN and CHAIM, through being ATERES No. DOE individuals unknown, presently Defendants. ...............--............................................................,X SIRS: TAKE PLEASE Second Department a gamonent appeal was from action captioned which entered in the parties with Dated: Suffern, of New 21, the of the office Entry the and Plaintiff's and each Notice November from from that a Decision granted injunction is taken NOTICE use every and portion Rockland on November Defeñdâñts for motion occupancy of County 21, November dated Order, said appeal hereby 19, of the subject Decision and 2018. York 2018 1 of 10 in its The Order. 21, Division, above- and favor as a school, property on November Appellate in the 2018, judgment sammary Clerk to the Decision 2018 and granted This and served Order on the FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2018 etc. Yours, Rfee Terry Attorneys Four Suite (845) Ramapo Town for Executive Defendants Boulevard 100 New Suffern, To: INDEX NO. 030716/2018 357-4000 Attorney 2 of 10 York 10901 INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2018 Supreme Gourt Appellate of Second Binision: Informational (Pursuant Statement of 5tate tlye New Bepartment íJubicial to 22 NYCRR yorlt 1250.3 [a]) - Civil v3r Couft efi9rigifíul THE Inslance OF RAMAPO, TOWN Plaintiff, DateNotice of AppealFiled - againstCONG. JOHN name ATERES CHINUCH BAIS DOE Numbers one individuals to represent BNOS, whose O Civil Action O O CPLR article 75 Arbitration O DIVREl CONG. JOHN through Twenty, identities are DOE being 5 O Other a fictitious unknown, presently CPLR article 78 Proceeding Special Proceeding and CHAIM, Appeal Transferred Original O CPLRArticle 78 O EminentDomain Habeas Corpus Proceeding Proceeding O CPLR Article 78 O ExecutiveLaw § 298 Proceedings O CPLR 5704 Review O Labor Law 220 or 220-b Public Officers Law § 36 Real PropertyTax Law § 1278 O Administrative O Declaratory O Family B Real (other O Business O Domestic Relations Court O Mortgage Foreclosure Property O than informationa! Review Judgment Statutory Relationships O Commercial O Election Law O Contracts O Estate B Miscellaneous O Prisoner O Taxation O Torts foreclosure) Statement - Civil 3 of 10 Matters Discipline & Parole INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 Paper Appealed RECEIVED NYSCEF: 11/21/2018 From (Check one only): If an appeal judgment indicate has been taken from more than one order judgment from appealed on a separate Decree O Determination E Order O Resettled O Amended Judgement O Order & Judgment O Amended Order O Finding O Interlocutory O Ruling O Other (specify): O Interlocutory O Judgment O Decree Court: Supreme Dated: in full): paul O Interlocutory Stage: O Partial Decree O Resettled Decree O Resettled Judgment Court County: 19. Entered: November Judge (name Decree Judgment pl index I IVInry liii O Post-Final Final Trial: PÃorv$nperfected and RÄted Appeal indicate appropriate, 91 901R No.:0'40718/901R O Yes lii No If Yes: O Order to Show Cause by: Commenced commencement authorizing Court: Choose Judge (name Court: Choose Description: If an appeal, nature O Notice of proceeding Decision of Petition O Yes Order Deféñdants O Non-Jury R No of this or any other County: Court of Transfer Choose Countv Choose Countv Date: County: Court Date Filed: Division: Dated: and whether and now in any court O Writ of Habeas Corpus in the Appellate If the appeal is from an order, specify the relief briefly describe the paper appealed from. the motion was granted or denied. If an original picceeding commenced in this court or transferred to CPLR 7804(g), briefly describe the object of the ex parte order to be reviewed. enjoining or p. action Order in full): pursuant is any related in full): Judge (name reqüêsted there O Jury Case Informatió'r of the case: and if so, the status jurisdiction, Statute whether Order Rockland Nnvamber pend rg in the court? Are any appeals arising in the same action or proceeding currently If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where of paper. sheet O Amended O Decision or by the filing of this notice of appeal, please for each such order or the below information granting from conformity with a paid informational Statement - Civil Plaintiff's all use certificate and of prüceeding. motion occupancy of occupancy. for If an application and judgment summary of the subjent premises 4 of 10 under CPLR 5704, briefly a permañeñt as a school describe injunction except in the INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2018 or application Specify the issues proposed to be raised on the appeal, pracêêding, to be advanced and the specific relief sought on appeal. for reversal, or modification issues: Whether from judgment for summeuy in granting Plaintiff's motion premises of the subject all use and occupancy certificate a temporary of a permanent for approval had previously applications of a permanent injunction will of occupancy facility, prevent which expired, a valid possessed in excess and when owner the was diligently prosecuting of occupancy certificate from religicus and children of 300 injunction a permanent as a schosi the grounds and the secular facility. at the one name per line. If this form is to be filed for an of each party to the action or proceeding, of the party in the court of original instance and his, her, or its status in this court, if any. If this for a preceeding cüñisñêñced in this court, fill in only the party's name and his, her, or its status in this Fill in the name Insü appeal, form erred Defendants enjoining granting eduction Court the for CPLR 5704 review, indicate the status is to be filed court. Original Party Name No. 1 Town of Ramann 2 Conn Rain 3 onnn 4 .Inhn Divrai Does Chinuch Chaim 1-20 Ataran Rnnn Appellate Respondent Defendant Appellant Defendant Appellant Defendant Appellant 5 6 7 8 9 10 11 12 13 17 18 19 20 Informational Status Plaintiff Statement - civil 5 of 10 Division Status INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2018 Instrücticñs: notice Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with in the spaces provided. Attorney/Firm Address: or order the to show cause by which a special proceeding is to be commenced in the Appellate Division, for the pëi;i;0ñér need be provided. In the event that a litigant represents herself or only the name of the attorney Se" for that litigant must be süpp!ied must be checked and the appropriate information himself, the box marked "Pro of petition 937 Name: Ramann Rainta Town State: NY City:Riiffarn E-mail Address: Attorney Attornav 59 O Retained Address: Represented Name: Attorney/Firm Failr Telephone No: (R45) 357-5100 . Type: Party or Parties ZIP: 10001 Tarrv Fraciative (set forth O Assigned party iii Government from table above): O Pro Se O Pro Hac Vice 1 Rica Rainlavarcl City: Silffern number(s) State: Rilita 100 ZiP: 10901 NY Telephone No:(845) 357-4000 E-mail Address: Attorney Type: Party or Parties Attorney/Firm ii Represented Retained (set forth O Assigned party number(s) O Government from table above): O Pro Se p a O Pro Hac Vice 4 Name: Address: City: State: Zip: Telephone No: . , E-mail Address: Aitcrñêy O Retained Type: Party or Parties Attorney/Firm Represented (set forth O Assigned party ñümber(s) O Government from table O Pro Se O Pro Hac Vice above): Name: Address: City: State: Zip: Telephone No: E-mail Address: Att0rñay O Retained Type: Party or Parties Attorney/Firm Represented (set forth O Assigned party ñümber(s) O Government from table O Pro Se O Pro Hac Vice above): Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney O Retained Type: Party or Parties Attorney/Firm Represéñted (set forth O Assigned party number(s) O Governmêñt from table O Pro Se O Pro Hac Vice above): Name: Address: State: Zip: Telephone No: E-mail Address: Type: Attorney or Parties Party Informational O Retained Represented (set forth O Assigned party number(s) O Government from table Statement - Civil 6 of 10 above): O Pro Se O Pro Hac Vice INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2018 INDEX NYSCEF DOC. NO. 46 SUPREME COURT COUNTY HON. RECEIVED : STATE NEW YORK OF To commence OF ROCKLAND PAUL I. MARX, J.S.C. time period right (CPLR ----------------------------------------------------X are advised THE TOWN of this OF RAMAPO, 030716/2018 11/20/2018 the statutory for appeals as of 5513 to serve [a]), you a copy notice with order, upon entry, NO. NYSCEF: of all parties. Plaintiff, -against- CONG. BAIS DIVREI CHINUCH through ATERES DOE being JOHN Twenty, used to represent CONG. BNOS, DOE Numbers and JOHN CHAIM, AND DECISION individuals whose Index No. ORDER 030716/2018 One a Ectinous name identities are Motion Seq. No. Motion Date: 1 Sept. 7, 2018 unknown, presently Defendants. --..-----..__________________.--........-----------X The on judgment Defendants except papers following all causes in conformity with Exhibits a valid of James Affirmation the reading which in Plaintiff's certificate read on Plaintiff's complaint M. Birnbaum, in Opposider Affidavit for an Route Esq./Rvkihita of Ari summary order enjoining 306, Monsey, NY, papers, .....1-2 ....... Esq./Exhibit=... Esq. A-G. Waldman/ ................... Rice, Birnbaum, foregoing and for of occupancy: of Terry M. motion at 261 located of James Affirmation Supple-entd 6 were of the premises of Terry Rice, Esq. A-I ................................ Affirmation 1 to alleged of Motion/Affirmaticñ Notice the reasons action of all use and cccupâñcy from Upon ñümbered ....... in Reply..................... it is ORDERED ...3-4 ........................5 ....... Plaintiff s motion 9, 2018, dcmañding that 6 is granted for follow. BACKGROUND: Plaintiff êñjei-ing with modular stmeturc Plaintiff alleges empicyees a summons their Defendants, and occupancy conformity filed and officials, of the premises a valid that at 261 on February emplayces agents, Route 306, Plaintiff of ten intereemacted trailers Plaintiff is occupied alleges that by over it issued 1 of 4 7 of 10 NY alleges used three a judgment and representatives Monsey, of occupancy. the premises agents. complent directors, located certificate composed and that ("the the premises to Defendants a temporary and in cespe=cs as a girl's children all use except premises"), by Defendants hundred from a school. Defendant's certificate of INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2018 INDEX NYSCEF DOC. NO. 46 for occupancy expired RECEIVED the premises on or about Plaintiff alleges occupancy. that in viólatica of the Town 15 rcgarding electrical and York the the Town of Ramapo. On June On premises August order restraining 22, the order to show State 11/20/2018 issued. a certificate of in violation in a dangerous Town of New fire many Code Assistant 144- § of of the State Plaintiff a**ached Fire and general safety Section Code York. Tiso, c0ñditicr as for Inspector violedom safety 2, 2018. motion to September order action. cause, because show to cause Defendants enjoining in this judgment. for summary The motion 7, 2018. an brought injunction judgment NYSCEF: the certificate has been withcut the E:ilding York, of Joseph the instant Plaintiff 2018, a final d to sign the affidavit Throught of the parties that the premises and Ramapo of the on February and a prelimirsry pending d Plaintif 13, 2018, certificate the pmmises of New Code that he discovered of the premises no new are occupying § 6-1997 Code and complaint by consent was adjourned Law Local the Fire He asserts his inspection during Defendants alleges as a school are ment±±;; Maintenance Property that Plaintiff 030716/2018 § 376-149(c). that Defendants compliance, A to its summons Exhibit that of Ramapo of Ramapo alleges to use the premises alleges of the Town 18, 2015. Plaintiff continue Plaintiff also alleges September 30, 2017. Defcñdañts Code Plaintiff New September As a result, of the Zoning on or about NO. Court The it was from of the duplicative or üccupying the on the record, and motion for using the matter heard a temporary seeking pcñdiñg judgment. summary DISCUSSION: The of Town prior constructed or until a certificate issued by the Building A town a town seeks demonstrating of local 5, 1930, to enforce law". BrookhavenvMascia, Town to bring its building and zoning sought of North 38 AD3d in conformity an action ordinance, to rule 758 v Vitiello, [2nd Dept 159 AD3d 2007). 2 2 of 4 8 of 10 said Town in whole 766, with Law shall 766 or in part have or been to restrain §§ 135, 268. to a permanent in violatiõn buildings for certificate(s)." compliance it is entitled is acting "Except or ceenpied with ~Jmpel that: as appropriate, or regulatiõn. laws, to be enjoined East be used of occupancy, only of any town that the party shall no building and then Inspector, states § 376-149(a) of use or a certificate is permitted the violatica Code Zoning to February unless injunction Ramapo injüñction of the applicable [2"8 Dept 2018]; by "Where upon provisicñs Town of INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2018 INDEX NYSCEF DOC. NO. 46 RECEIVED Plaintiff argues that Defendants 376-149 by using and occupying that temporary certificate the Plaintiff renewed. compliece also with Plaintiff argues that In opr--± that that the dangerous a certificate expired equities on are in to protect conditions Defendants is no fire of Ramapo its pose a life Code § argues has not with and welfare safety premises and as it is charged favor, 11/20/2018 Plaintiff 2017 30, NYSCEF: Zoning of occupancy. September the health, of the for Fire Inspector" the premises. Hence, also Defendants for years. school on July Plaintiff has been the before hearing December 12, 2017. to the Zoning July Board 19, 2018, that they been ensuring of its residents. threat pmens to the assert also Defcadañts of Appeals application adjourned that assert on December that 12, 2017, approval exist issues for at from Board argue did that assert that the 29, 2017 to August Board the Planning a permanent Defandants Defendants times the Zoning that of a permanent application 2017.1 application. multiple although 7, argue a referred the matter not hear the matter 16, 2018 on August argue plan on July of the review was a site also or safety have they the application. to obtain attempting submitted they site plan Board Planning and then that delaying continuously been that no fire Defendants that Defendants support that them. favor assert 31, 2019. 24, 2018 issues safety equities Defendants August on August have of the premises. until valid in Court and a revised Defendants Finally, education argue the balance at the are no im_minent Defendañts 6, 2015, issue Safety testified there that argue or safety of Compliance the "Building until without occupañcy and has a duty the =, there Certificate school of of the Town 030716/2018 the premises. occupying argue the premises argues its laws are in violation NO. Plaintiff's granting motion would deprive the students of an at the institution. In reply, the p-hes Plaintiff without argues a certificate that Defendants of occupancy. have Plaintiff not proffered also argues any that defenses it did for not occupying delay review appear to be took two years to submit a revised site plan, Dcfcñdâñts why Defendants were required to obtain a Dep-"=nt of Transportation permit prior to that State arguing ("DOT") they assert that they applied for a DOT permit on February the revised site plan. However, Defenh+= submitting for the extended delay was offered. 18, 2017 and a permit was issued on June 13, 2017. No explanation 1 2 It is unclear Defendants' he agreed to adjourn the July counsel's attorney asserts that at Plaintiff's suggestion, s counsel advised him that he would get the matter adjourned and 19, 2018 hearing. He asserts that Plaintiff Defe-·dsñta' therefore did not appear for the hearing. attorney asserts that the matter was denied on July 19, 2018 because no one appeared 2018 if it had been denied for Defendants. on July He fails to explain 19, 2018. 3 . 3 of 4 9 of 10 how the matter was heard on August 16, INDEX NO. 030716/2018 FILED: ROCKLAND COUNTY CLERK 11/21/2018 11:50 AM NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2018 INDEX NYSCEF DOC. of NO. 46 RECEIVED Defcadañts' their application opposition the denied. Plaintiffasserts scheduled Plaintiff require a denial not require site plan for to August of the equities. Town Although matter on the was application andthe hearing by not raised using and an issue are using Defendants argue of and that the such as the one at issue supra; East, that Defendants iñjññctica of North the by demonstrating have that for a permanant heard § 376-149(a) Defendants of accupancy. in 2018, injunction dispute to mention 16, 2018. Code Zoning is no There a motion 7, 2017, denied which its laws, The Defendants certificate foregoing November New City, even Plaintiff's eje½g a valid heard 2018. 22, were Defeñdâñts delay. if there motion from that Town of Brookhaven issues from the to ensure the Decision and Order Plaintiff of the pre=ises, except of this Court. York 4 4 of 4 10 of 10 PAUL papers and was and enforce at the premises. E N T HON. of their application 1, 2018 of occupancy. constitutes parties' site plan is granted. jud,--,cnt all use and occupancy review on February has the obligation safety on the equities, delayiñg a rcvised of Appeals Plaintiff e-zy has been submitted Board are no alarming for argument it does not appear Defenda.nts , 2018 New Plaintiff However, by the Zoning Additionally, D,rendan*' to consider argued school. a permanent was on March with Court in any untoward engaged Accordingly, Dated: request failed time in April a new application of occupancy. a certificate actuauy at which to a permanent motion. if the not prevail. application compliance with Defendants had 2018, of Ramapo a certificate of the motion, Appeals 22, at their Town the without even would Plaintiff judg--ent to March that 1975CEF: supra. Defendants later of its entitlement a determination Nevertheless, on July Board was adjourned of as erts submitted of Plaintiff's premises v Mascia, that cêñtiñücd without the occupying does was Plaintiff Zoning established denial waaañting cquities the 19, 2018 the premise occupying plan. that are in violation Defendants a site that Defendants for July Here, fact fact which 1, 2018, February for NO. I. MARX, J. C. is entitled in conformity to 030716/2018 11/20/2018