SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------X PAUL DEONARINE and TRISHA DEONARINE, -against- Plaintiffs, Index No.: 706166/2016 NOTICE OF ENTRY JERRY MISIR, DANNY HAYTOV, LOU ADLER, JOHN DOE (JOE), THE MOVING DOCTOR, and FIRST CHOICE TRANSFER INC. Defendants. ----------------------------------------------------------------------X SIR/MADAM: PLEASE TAKE NOTICE that the within is a true copy of an Order duly signed by Honorable judge Salvatore J. Modica on April 3, 2017 and entered by the clerk of the within named Court on April 18, 2017. DATED: Forest Hills, New York May 30, 2017 Yours, etc. THE PAGLINAWAN FIRM BY: JAMES S. PAGLINAWAN, ESQ. Attorneys for Plaintiffs 118-21 Queens Blvd., Suite 513 Forest Hills, NY, 11375 (718) 576-2544 TO: Jerry Misir 114-02 Lefferts Blvd., 1st Floor South Ozone Park, New York 11420 1 of 8
Danny Haytov Lou Adler The Moving Doctor First Choice Transfer, Inc. 2 of 8
FILED: QUEENS COUNTY CLERK 04/18/2017 05/30/2017 11:33 11:17 AM INDEX NO. 706166/2016 NYSCEF DOC. NO. 15 17 RECEIVED NYSCEF: 04/18/2017 05/30/2017 Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY Present: HONORABLE SALVATORE J. MODICA IA Part 37 Justice PAUL E. DEONARINE, et al., x Index Number 706166/2016 -against- JERRY MISIR, et al., Motion Sequence Number 3 Papers Numbered ECF docs. 12-14 SALVATORE J. MODICA, J.: The plaintiff's motion for the return of property seized after an eviction is granted. See Mr. Deonarine's affidavit. Although the Court does not require plaintiffs to execute a release in exchange for their property, they are required to sign an itemized receipt accounting for each of item being returned. The foregoing constitutes the decision, order, and opinion of the Court. Dated: Jamaica, New York April 3, 2017 onora le Salvatore J. Modica J.S.C. 13 of 18
FILED: QUEENS COUNTY CLERK 01/12/2017 05/30/2017 03:45 11:17 PM AM INDEX NO. 706166/2016 NYSCEF DOC. NO. 12 17 RECEIVED NYSCEF: 01/12/2017 05/30/2017 /-3)--11 Instructions: Fill in the names of the parties and the Index Number. Complete the blank spaces next to the instructions printed in bold type. PRINT AND USE BLACK INK ONLY. [Other blank spaces are for Court use.] wery SEQUENCE. NO. PRESENT: HON! Jus HON.- HOWARD G. LANE 11_9-vit HON. SALFV VATOIQRE J. MODICA PAUL E. DEONARINE, TRISHA DEONARINE [FILL IN NAME(S)] Plaintiff(s) X T-Pf ;,Reset Form'. : gnu moan,* vo. At IAS Part s_ of the Supreme Court of the State of New York, held in and for the County of Queens at the Courthouse thereof, 88-11 Sutphin Blvd., Jamaica, New York, on the II day of Jan 20 17. Index No. dmr 72 80ii QFPusirp zoo egislit 706166 / 2016 UNry VS ORDER TO SHOW CAUSE WITH T.R.O. IN CIVIL ACTION JERRY MISIR, FIRST CHOICE TRANSFER, INC. ET AL [FILL IN NAME(S)] Defendant(s) X Upon reading and filing the affidavit of PAUL E. DEONARINE [YOUR NAME], sworn to on the I 1 day of January 20 17 [DATE THE AFFIDAVIT WAS SWORN TO BEFORE A NOTARY PUBLIC], and upon the exhibits attached to the affidavit, and [LIST OTHER SUPPORTING PAPERS, E.G. ADDITIONAL AFFIDAVITS, EXHIBITS] Affidavit in support of Order to Show Cause including exhibits. sviokto zepoke M. ks oridthesskio coltefor IMIS II )frt3 MARCELLE MARTIN It OF- 1/434,4 (4443 I 24 ) Notary Public, State of NY No. 01MA8229740 CIAtta,.5 Cosmk& Qualified In Rooldend-Gesnly eon Expires 14 of 38 1:702172-124
etealy plaintiff(s)/ (s) [CIRCLE ONE] or his/her/their attorney show cause at the IAS Part Room of this Court, to be held at the Courthouse, 88-11 Sutphin Boulevard, Jamaica, N.Y.,/25. [STRIKE THE r' i ON AT DOES NOT APPLY] on the i " day of Jo-cu \/ 201/, at r oclock in the noon or as soon as counsel may be heard why an order ()) should not be made [DESCRIBE THE RELIEF BEING SOUGHT] ()elpia Plaintiffs respectfully prays that this Honorable Court will Order that the Respondents release all property that was removed in violation of the Court Order issued on April 21, 2015 without demanding that a release be signed by the Petitioners in ordet to release the property that was removed. The Respondents have failed to release the Petitioner's son and wife U.S. passports which has been hostage for almost two years. Petitioner have paid a total of $2,290 in storage fees are have not seen any items that were removed from his apartment as yet. Petitioner is a Ceftified Public Accountant and third party tax payers are being affected becuase their individual and business records are being held hostage by the Respondents and tax returns are not being filed on time. Currently, several of the Petitioner's clients have not filed their personal and business taxes for 2014 and 2015. The Petitioner and his clients are harmed and affected by the Respondents failureto return records as demanded on numerous occassions. It is in the interest ofjustice for the Honerable Court to grant releif so that third party taxpayers file their taxes for 2014 and 2015 and pay monies owed to the IRS, NYC and NYS immediately Paul E. Deonarine, AND WHY 2 25 of 38
(YOUR NAME), )/DEFENDANT(S)(CIRCLE ONE),should not have such other and further relief as may be just, proper and equitable. Pending the hearing of this motion it is ORDERED that [WRITE WHAT YOU ARE ASKING THE COURT from return STOP] 'ice Tr i - Inc e Petitioner's rawai. tor IS ran-il:me 2..02- es- los II as a -19 dition for 'rose to be release that wer remov on 52 Sufficient cause appearing therefor, let personal sarvice of a copy of this order, nd the other papers upon which this order is gited, upon the-prerffiffisydefendant(s) by Q er-- -)Nci-i 5 CV ce- on or before thezyday of c.) 01\A1 be deemed good and sufficient. An affidavit or other proof of service shall be +ea_ eita.14-01-e-uvt presented torthia Court on the return date directed in the second paragraph of this order. PPP- ENTER: J.S.C. OON. HowAR9. LAME 3 r" 36 of 38
AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF QUEENS ss.: Lawrence Cerbone being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Queens County in the State of New York. I served a true copy of the annexed NOTICE OF ENTRY WITH ORDER AND SIGNED ORDER TO SHOW CAUSE on May 30, 2017 by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: Jerry Misir 114-02 Lefferts Blvd., 1st Floor South Ozone Park, New York 11420 Danny Haytov Lou Adler The Moving Doctor First Choice Transfer, Inc. Sworn to before me May 30, 2017 Notary Public Lawrence Cerbone 7 of 8
Index No.: 706166/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS PAUL DEONARINE and TRISHA DEONARINE, -against- Plaintiffs, JERRY MISIR, DANNY HAYTOV, LOU ADLER, JOHN DOE (JOE), THE MOVING DOCTOR, and FIRST CHOICE TRANSFER INC., Defendants. NOTICE OF ENTRY WITH ORDER AND SIGNED ORDER TO SHOW CAUSE THE PAGLINAWAN FIRM Attorneys for Plaintiffs 118-21 Queens Blvd., Suite 513 Forest Hills, New York 11375 (718) 576-2544 ATTORNEY S CERTIFICATION. Upon reasonable inquiry under the circumstances, I certify that the presentation of these papers or contentions therein is made in good faith and is not frivolous. Dated: May 30, 2017 Signature: JAMES S. PAGLINAWAN, ESQ. 8 of 8