(FILED: WESTCHESTER COUNTY CLERK 0470172021 -TT220--Ai) terete NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/01/2021 At an IAS Part of the Supreme Court of the State ‘OfNew York held in and for the County of ' Westchester, at the Courthouse, 111 Dr. Martin 7 Luther King Jr. Blvd., White Plains, New York f On the 1* day of April, 2021 MINIHAN, 1 SUPREME COURT OF THE STATE OF NEW YORK { COUNTY OF WESTCHESTER In the Matter of the Application of Index No: 53784/2021 i MARCUS A. GRIFFITH, LISA A, COPELAND, j DELIA M, FARQUHARSON, JANICE DUARTE, and DERRICK THOMPSON, as Couneilpersons of the CITY COUNCIL OF THE CITY OF MOUNT VERNON, CITY COUNCIL OF THE CITY OF MOUNT VERNON, TEMPORARY | and SHAWYN PATTERSON-HOWARD, as Mayor of RESTRAINING ORDER : {The City of Mount Vernon, , : i i Petitioners, ! : i ‘ For a Writ of Mandamus pursuant to Judge Anne E. Minihan, AJSC | Article 78 CPLR, , ! " -against- DEBORAH REYNOLDS, as Comptroller of the City of Mount Veron, * i ‘ ' ' Respondent j Petitioners, having commenced this CRLR Article 78 proceeding for mandamus relief by Onder to Show Cause and Verified Petition, now move by Order to Show Cause for a preliminary injunction, | | |(FILED; WESTCHESTER COUNTY CLERK 04/01/2021 11:40 AM THOER WO. SSTETIEOZT wysckr Doc. No. 14 RECEIVED NYS 04/01/2021 i NOW, UPON reading the Verified Petition filed March 29, 2021, and the Order to Show Cause signed by Hon. Anne E. Minihan, AJSC on March 30, 2021, the affidavit of Hon. Shawyn Patterson-Howard, Mayor of the City of Mount Vernon, sworn to March 29, 2021, the affirmation {of Mare $. Oxman, dated March 30, 2021, and all‘the exhibits, papers and proceedings had = heretofore, and duly served upon Respondent, and 3 Petitioners having meved by subsequent Order fo Show Cause, dated March 31, 2021, duly i served upon Respondent, for'a temporary restraining order pursuant to CPLR 6313, and a hearing {having boen held before the Fon Anne E. Minthan on March 31,2021, at which Petiioner Mayer Patlerson-Howard testified under oath, and Respondent did not appear, and due deliberation 1) having been had thereon, itis ORDERED that Petitioners application for a temporary restraining order is granted, as ees : i (a) That on or before April 2, 2021 at 12:00,P.M., Respondent Deborah Reynolds, as Comptroller of the City of Mount Vernon, shall issue, sign and make available for delivery, checks to compensate fuel distributors for outstanding amounts due from the City of Mount Vernon as follows: 1. Sprague Operating Resources, LLC ($71,949.71); 2. United Metro Energy Corp. ($72,987.13). | (0) That to insure the interim delivery of fuel forthe operation of the City of Mount Vernon fire vehicles, police vehicles, ambulances,’ and sanitation vehicles, until the petition herein for mandamus relief is decided, Petitioners shall arrange for guarantees up to 1 } ‘Thirty Thousand ($30,000.00) Dollars to the benefit of the above referenced fuelPILED: WESTCHESTER COUNTY CLERK 04/01/2021 11:40 AM TNDEX NO) MYSCEF DOC. NO. 14 ‘ distribution vendors; and that Petitioner shall be permitted to seek full reimbursement for this advancement as part of the petition, (©) The Petitioners shall provide to the court a breakdown of the fuel costs from the date of this order until May 1, 2021, unless that date is extended by the court, and (@) That « copy of this temporary restraining order shall be served upon Respondent Deborah Reynolds, as Comptroller ofthe City of Mount Vernon, via NYSCEF and email, on or prio fo April 1, 2021 at 5:00 P.M. Dated: White Plains, New York April1,2021— ION. ANNE E. MINIHAN, AISC 3 0f3 S37e47 008 RECEIVED NYSCEF: 0: