SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE TOWN OF NEWBURGH, NEW YORK, 7 Index No..: Plaintiff Date Purchased: -against- NEWBURGH EOM LLC, NEWBURGH EOM LLC SUMMONS d/b/a CROSSROADS HOTEL, and CROSSROADS HOTEL Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the 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 upon the plaintiff's attorneys, within twenty (20) days after the service of this Summons, exclusive of the date of service or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York. Ifyou fail to so appear or answer, judgment will be taken. against you by default for the relief demanded in the Complaint. Dated: Middletown, New York May 12, 2023 MacVEAN, LEWIS, SHERWIN & McDERMOTT, P.C. . BERWICK, ESQ. Attorney for Plaintiff 34 Grove Street - PO Box 310 Middletown, New York 10940 (845) 343-3000 TO: Newburgh EOM LLC Defendant 2571 East 17% Street, 3¢ Floor Brooklyn, New York 11235 Newburgh EOM LLC d/b/a Crossroads Hotel 2571 East 17th Street, 3rd Floor Brooklyn, New York 11235 Filed in Orange County 05/12/2023 04:27:34 PM $0.00 Bk 5152 Pg: 1892 Index: # EF003105.2023Clerke DK’Crossroads Hotel 5 Lakeside Road Newburgh, NY 12550SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE TOWN OF NEWBURGH, NEW YORK, : Index No.: Plaintiff ~against- VERIFIED COMPLAI NEWBURGH EOM LLC, NEWBURGH EOM LLC d/b/a CROSSROADS HOTEL, and CROSSROADS HOTEL, Defendants x Plaintiff, TOWN OF NEWBURGH, NEW YORK, by its attorneys, MacVean, Lewis, Sherwin & McDermott, P.C., as and for its Verified Complaint against Defendants, NEWBURGH EOM LLC, NEWBURGH EOM LLC d/b/a CROSSROADS HOTEL, and CROSSROADS HOTEL, alleges as follows: NATURE OF ACTION 1. This action is brought by Plaintiff, Town of Newburgh, New York (hereinafter referred to as the “Town”) to immediately halt the deliberate, hazardous and unlawful conversion of a hotel known as the Crossroads Hotel (herein referred to as “Crossroads” or “Hotel”) located at 5 Lakeside Road in Newburgh, New York, in violation of the Building Construction Code §71-8 of the Town of Newburgh Code, and §185-52D and § 185-50 of the Town Zoning Code. 2. On Friday, May 5, 2023, the Mayor of New York City, the Honorable Eric Adams, announced a new “program” to provide housing for single adult males now inthe care of New York City (hereinafter referred to as the “City’) in nearby rural and residential counties for up to four (4) months.! 3. The Mayor's “program” and decisions made as part of the “program” were done unilaterally without consultation with the local municipalities. The Mayor’s program did not consider or address the local zoning, building, or fire codes governing the proposed or “selected” housing sites. 4. The Crossroads Hotel was identified by the Mayor's office as one of the “selected” housing sites. In response and in order to accommodate the Mayor’s “program,” the Hotel has ceased operating in conformance with the Town Codes and the Certificate of Occupancy issued for these premises and has begun and/or completed converting the Hotel to a long-term residential facility. 5. Defendants must therefore be restrained and enjoined from altering the Hotel for this intended long-term residency use until required approvals and permits are obtained for this change. 6. The Town accordingly seeks from this Court an Order and Judgment: (a) declaring that the altered use and operation of the Crossroads Hotel is in violation of the Town of Newburgh Building Construction Code §71-8; (b) declaring that that the altered use and operation of the Crossroads Hotel is in violation of § 185-50 of the ‘Town Municipal Code; (c) temporarily restraining and enjoining the Defendants from continued use of the Hotel in violation of the Town Codes and, further, from receipt of overflow housing from New York City in such fashion and until returned to its intended use; (d) ordering Defendants to pay for reasonable attorneys’ fees, costs, and * Mayor Adams Announces Program to Provide Shelter Option for Asylum Seekers Atready in Care in Nearby New York Counties https: / /www.nyc.gpv/office-of the-mayor/new/322-23/mayor-adams- program-provide-sheller-option-asyhum-seckers-already-care-in (last accessed May 10, 2023). ~2-disbursements of the Plaintiff in bringing this action; and (e) granting the Town such further relief as this Court deems just and proper. JURISDICTION AND VENUE 7. This action is brought pursuant to New York State Town Law § 135 (the “Town Law’), which permits the Town Board of the Town of Newburgh to “maintain an action or proceeding in the name of the Town in a court of competent jurisdiction, to compel compliance with, or to restrain by injunction, the violation of any [Town] ordinance, rule, or regulation, notwithstanding that the ordinance, rule, or regulation may provide a penalty or other punishment for such violation.” Town Law §135(1); see also Town Law §268. 8. Moreover, The Town of Newburgh Zoning Code §185-52D provides that where “any building, structure, or land is used in violation of this chapter or any regulations made under authority conferred hereby, the Town Board, or, with its approval, the Building and Code Enforcement Officer, or other proper official, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful . . . use; to restrain, correct or abate such violation; or to prevent any illegal act, conduct, business or use in or about such premises.” 9. Venue is proper in this county pursuant to CPLR 505(a), which provides for venue as follows: “in the county in which one of the parties resided when it was commenced; the county in which a substantial part of the events or omissions giving rise to the claim occurred; or, if none of the parties then resided in the state, in any county designated by the plaintiff.” 10. Since Defendants own and operate the Hotel within the boundaries of Orange County and in the Town of Newburgh, County of Orange, New York, and the “3.Town of Newburgh is wholly located within the County of Orange, venue in this county is proper. 11, In summary, the Hotel altered its use to accept and house approximately (60) single men in the care custody and control of the City of New York for four (4) months, which constitutes an unpermitted use under the Hotel’s Certificate of Occupancy and is a violation of the Town Codes. PARTIES 12. At all relevant times herein, Plaintiff is and was a duly constituted municipal corporation in the State of New York, having jurisdiction over all health, safety and welfare matters within the geographical confines of the Town of Newburgh, New York. 13. At all relevant times herein, Defendant NEWBURGH EOM LLC was and is a New York Limited Liability Company and is the owner of the Crossroads Hotel, which is located at 5 Lakeside Road, Newburgh, New York 12550, in the Town of Newburgh and County of Orange and was authorized to do business in the State of New York. 14, At alll relevant times herein, upon information and belief, Defendant NEWBURGH EOM LLC d/b/a CROSSROADS HOTEL was doing business as Crossroads Hotel, which is located at 5 Lakeside Road, Newburgh, New York 12550, in the Town of Newburgh and County of Orange and was authorized to do business in the State of New York. 15. At all relevant times herein, upon information and belief, Defendant CROSSROADS HOTEL was the owned and operated the Crossroads Hotel, which is 4+located at 5 Lakeside Road, Newburgh, New York 12550, in the Town of Newburgh and County of Orange and was authorized to do business in the State of New York. FACTS COMMON TO ALL CAUSES OF ACTION 16. At alll relevant times, the subject property is designated as Section 86, Block 1, Lot 39.21 on the Tax Map of the Town of Newburgh. 17. The Town Code defines a “hotel” as “One or more buildings offering transient lodging accommodations for a fee or hire basis to the general public, and which provides rooms or areas for group assembly and a central kitchen only and a central dining room within the building or in an accessory building. A hotel shall not constitute an individual’s or family’s primary residence and shall not be construed to be a multiple dwelling.” Town of Newburgh Municipal Zoning Code §185-3. Additionally, the 2020 New York State Building Code defines “transient” as “occupancy of a dwelling unit or sleeping unit for not more than 30 days.” 18, At all relevant times herein, the subject property has a Certificate of Occupancy authorizing the use of the Hotel situated on the premises as a hotel. This Certificate of Occupancy was issued in, and has been in place, since 1990. May 5, 2023 ~ May 6, 2023 Communication from the City of New York’s Mayor's Office and Ensuing Local State of Emergent 19. OnFriday, May 5, 2023, Gilbert J. Piaquadio, the duly elected Supervisor of the Town of Newburgh, was contacted by New York City Mayor Eric Adams. Mayor Adams advised of a plan to relocate sixty (60) single male asylum seekers to the Town of Newburgh for a period of four (4) months at the Crossroads Hotel.20. Mayor Adams indicated that the City of New York would be responsible for all the expenses associated with the housing of the asylum seekers for four (4) months, 21,. Supervisor Piaquadio raised concerns regarding the absence of background checks on the sixty (60) single men, the safety of the Town of Newburgh residents, the fact that a shelter is not permitted at the Crossroads Hotel pursuant to the Town Code, that the Crossroads Hotel is adjacent to a residential zone with very few services within walking distance, and the fact that the sixty (60) single men would be ineligible to receive Social Services benefits at the conclusion of the Mayor’s four (4) month program. 22. Subsequent contact was made by a member of the Mayor’s Office, Christopher Ellis, Director of the State Legislative Affairs of the City of New York. A subsequent Zoom video conference was held between the Town of Newburgh and Mayor Adams’ Office, but the Mayor was absent from the conference. 23. On Tuesday, May 9, 2023, Orange County Executive Stephen Neuhaus issued a State of Emergency for Orange County. The State of Emergency ordered that all hotels, motels and/or any facilities allowing short-term rentals may not accept any asylum seekers for long term housing within Orange County. 24, On May 8, 2023, the Town of Newburgh Town Board convened an emergency meeting to address the aforesaid developments and the propriety of using a hotel as a shelter for long-term housing accommodations, At the meeting, the Town Board passed a Resolution to approve Special Counsel to seek injunctive relief to prevent the violation of Town Codes.25. On May 10, 2023, the Town of Newburgh Code Compliance Supervisor and Town Building Inspector and Town Fire Inspector conducted an inspection of the Crossroads Hotel and noted that preparations were being made to the Hotel, including the alteration of beds, insertion of additional bedding, and the alteration of room accommodations. 26, On May 11, 2023, the City of New York delivered two (2) busloads of single men to the Hotel for occupancy for four (4) months. AS AND FOR A FIRST CAUSE OF ACTION {Declaratory Judgment ~ Property Used in Violation of Town of ch Building Construction Code §71-8) 27, Plaintiff repeats and realleges the allegations set forth in paragraphs “1” through “26” hereof as if fully set forth herein. 28, At all relevant times hercin, the Defendants’ use of the property is and continues to violate the Town of Newburgh Building Construction Code §71-8. 29, This section provides, in pertinent part, that “A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance.” §71-8 (emphasis added). 30. Pursuant to Town of Newburgh Municipal Code §185-3, a “Hotel” is defined as “One or more buildings offering transient lodging accommodations on a fee or hire basis to the general public, and which provides rooms or areas for group aaaassembly and a central kitchen only and a central dining room within the building or in an accessory building. A hotel shall not constitute an individual's or family's primary residence and shall not be construed to be a multiple dwelling.” 31. Likewise, a “Prohibited Use” is defined as “a use of a building, structure, lot or land, or part thereof, which is not specifically listed as a permitted use, use subject to site plan review, accessory use or special permit use. In addition (as stated in § 185-7F), any use not specifically permitted as one of the above shall be deemed to be prohibited.” Town of Newburgh Municipal Code §185-3. 32, Under Town of Newburgh Municipal Code §185-7 ~ Effect of Establishment of Zoning Districts, “any use not specifically permitted shall be deemed to be prohibited.” 33. As set forth above and in the accompanying Affidavits, the Defendants are changing the use of the Hotel on the subject property to accommodate the City’s program pursuant to an agreement made by and between the owners of the subject property and the City. 34. As set forth above and in the accompanying Affidavits, the Defendants are making this change in use in violation of the Town Codes and notwithstanding the Certificate of Occupancy that limits use of the subject premises as a hotel rather than long-term residential housing for non-transients. 35. As set forth above and in the accompanying Affidavits, neither the Town of Newburgh nor any of its agencies have issued any permit or Certificate of Occupancy permitting the change in use. 36. Accordingly, the Defendants are required to apply for and obtain a Certificate of Occupancy as contemplated by the relevant provisions of the Town Code. -8-37, Therefore, by reason of the foregoing, the Town seeks an Order from this, Court enjoining the Defendants from making continued unlawful changes and alterations to the Hotel to facilitate the change in use and deeming this unlawful new use and occupancy to be an express violation of the Town Code. AS AND FOR A SECOND CAUSE OF ACTION (Declaratory Judgment - Property Used in Violation of Town of Newburgh ‘Municipal Code §185-50) 38. Plaintiff repeats and realleges the allegations set forth in paragraphs “1” through “37” hereof as if fully set forth herein. 39. At all relevant times herein, the Defendants’ use of the property is and continues to violate the Town of Newburgh Municipal Code §185-50. 40. This section states, in pertinent part, “A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of a building or the land to which it applies. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building and Code Enforcement Officer: (1) Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building. (2) Occupancy, use or any change in the use of any land. (3) Any change in use of a nonconforming use.” 41, It is clear that the Defendants’ modification and alterations to accommodate the City’s “program” is an unlawful and unpermitted use in violation of the Town of Newburgh’s Town Codes.42. Therefore, by reason of the foregoing, the Town seeks an Order from this Court enjoining the Defendants from making continued unlawful changes and alterations to the Hotel to facilitate the change in use and deeming this unlawful new use and occupancy to be an express violation of the Town Code. AS AND FOR A THIRD CAUSE OF ACTION (Temporary, preliminary and Permanent Injunction] 43, Plaintiff repeats and realleges the allegations set forth in paragraphs “1” through “42” hereof as if fully set forth herein. 44. As set forth in detail, the subject property was issued and is subject to a Certificate of Occupancy limiting the use of the Crossroads Hotel as a hotel. 45, Based upon observations made by Town Inspectors, and the change in use, Defendants must be enjoined from reccipt of any individuals or overflow from the City’s “program” and plan to relocate a significant number of single-adult males to the Crossroads Hotel for long-term housing. 46, In short, Defendants must be enjoined from participating in any such “program” or plan that will result in violations of the laws, codes, and regulations of the Town of Newburgh. 47. Here, injunctive relief should be issued because (1) the Town has a likelihood of success on the merits of the action, (2) the equities are balanced in the ‘Town’s favor in the enforcement of the Town Code; and (3) while unnecessary to obtain injunctive relief, irreparable harm will occur to local residents and to the migrants the City intends to house in violation of local zoning standards. -10-Likelihood of Success on the Merits 48. The Townis likely to succeed on the merits because it is without dispute that the conversion of the Hotel into a non-permitted use is prohibited by the Town Code without the necessary and requisite approvals. 49. These already occurring changes to the Hotel have been personally observed by Town Inspectors. 50. It is further evident that the Defendants’ continued preparations for and receipt of two (2) bus loads of single men from the City of New York will only further commit the Defendants to a course of action that constitutes a change in use to the Crossroads Hotel. 51. Accordingly, the Town will succeed on the merits in enforcing its own Codes. Balancing of the Equities 52. ‘The balancing of the equities favors the Town as there are no lawful adverse impacts that will result if the Defendants are enjoined from violating the Hotel’s Certificate of Occupancy and to adopt an unpermitted use within the Town of Newburgh. 53. However, if the Defendants are not enjoined, continued alterations and modifications to the subject property and acceptance of the approximately sixty (60) single male asylum seekers from the City of New York will result in potential disaster to those who suddenly occupy the Hotel without requisite approvals or permissions for a change in use from a hotel to a facility that otherwise acts as an agency or long- term community residence. -1-54. Moreover, if the Defendants are not enjoined, the Defendants will have exhibited a complete disregard for local zoning, resulting in irreparable harm. 55. The only reasonable method to stop the current conversion and potential complete conversion of the Hotel is to enjoin such activity to preserve the health, safety and well-being of those in the community and those being shipped into the community without further protection. 56. In this case, unless the Defendants are restrained, immediate and irreparable harm will result. Irreparable Harm 57. Although the Town need not demonstrate irreparable harm to enforce its own zoning laws (Town of Carmel v, Melchner, 105 A.D.3d 82 (2d Dep’t 2013), harm could very well come to those who occupy a hotel that has changed its use to provide long term housing to non-transient occupants for an indeterminate period of time. 58. Harm may befall the regular transient occupants of the Hotel by the establishment's occupancy of non-transient guests. 59. _Irreparable harm will occur to the Town as its codes are being violated. 60. To otherwise allow contractual agreements to circumvent the local Zoning Codes and local States of Emergency would be a complete disregard for local law. 61. The Town is seeking a temporary, preliminary, and permanent restraint and injunction against the Crossroads Hotel because the evidence conclusively demonstrates that the Hotel has negotiated, or contracted, with an out-of-County municipality to essentially modify the Hotel into what is otherwise an infirmary for migrant overilow from the City. -12-62. The Town has no other adequate remedy at law, and the Defendants have no right to change the use of its property without all applicable permits, approvals, or review by Town Officials tasked with preserving the life, safety and welfare of its residents. 63. No other application has been made for the relief requested herein. 64. Accordingly, this Court should issue an order temporarily, preliminarily, and permanently restraining and enjoining the Crossroads Hotel from its continuing and developing transition from what was once a Hotel into something other than what is permitted pursuant to the Town Code. WHEREFORE, Plaintiff respectfully requests the entry of an Order and Judgment against Defendants, jointly and severally, as follows: (1) On Plaintiff's First Cause of Action, declaring that the Crossroads Hotel is in violation of the Town of Newburgh Town Codes; (2) On the Plaintiff's Second Cause of Action, declaring that the Crossroads Hotel is in violation of the Town of Newburgh Town Codes; (3) On Plaintiff's Third Cause of Action, temporarily restraining and enjoining the Defendants from further alterations to the subject property and, further, temporarily restraining and enjoining the Defendants from receiving or participating in any agreement with the City of New York that otherwise renders the Defendants’ property in non-compliance with the Town Codes and, further, permanently restraining and enjoining the Defendants from further activities associated with such receivership of housing overflow from the City of New York at the Hotel, and further temporarily restraining and enjoining the defendants from accepting and housing non-transient male occupants from the City of New -B-York and Further directing the Defendants to return them to the care, custody, and control of the City of New York; (4) Directing the Defendants to pay for the reasonable attorneys’ fees, costs and disbursements of the Plaintiff in bringing this action; and (5) _ Granting Plaintiff such other and further relief as this Court deems just and proper. Dated: Middletown, New York May 12, 2023 MacVEAN, LEWIS, SHERWIN & McDERMOTT, P.C. By: Y D] SHERWIN ESQ. ICHOLAS J. BERWICK, ESQ. Attorneys for Plaintiff 34 Grove Street - PO Box 310 Middletown, New York 10940 (845) 343-3000 -14-STATE OF NEWYORK } COUNTY OF ORANGE | a GILBERT J. PIAQUADIO, being duly sworn, deposes and says that I am Town Supervisor for the plaintiff TOWN OF NEWBURGH, NEW YORK in the within action. ‘That deponent has read the foregoing VERIFIED COMPLAINT and knows the contents thereof, and that the same is true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters, I believe them to be true. 7 Ké TAQUADIO ‘Sworn to before me on May 12, 2023 Notary PublicAt the Supreme Court of the State of New York, held in and for the County of Orange, at the Courthouse located at 285 Main Street, Goshen, New York on the day of May, 2023. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ‘TOWN OF NEWBURGH, NEW YORK, Index No: Plaintiff, ORDER TO SHOW CAUSE. ; WITH TEMPORARY -against- RESTRAINING ORDER NEWBURGH EOM LLC, NEWBURGH EOM LLC d/b/a CROSSROADS HOTEL, and CROSSROADS HOTEL, Defendants. UPON READING AND FILING the application of Plaintiff and the accompanying Affidavits of Gerald Canfield, sworn to May 11, 2023 and Gilbert J. Piaquadio, sworn to on May 12, 2023, and the Memorandum of Law in Support dated May 12, 2023; and upon reading the annexed Summons and Complaint of the Town of Newburgh, New York, verified on May 12, 2023; together with all papers and pleadings heretofore had herein; LET DEFENDANTS ABOVE NAMED OR THEIR ATTORNEYS SHOW CAUSE BEFORE THIS COURT before the —_ Honorable —___, Justice of the Supreme Court, at the Orange County Courthouse located at 285 Main Street, Goshen, New York, on , 2023 at a.m./p.m., or as soon thereafter as Filed in Orange County 05/12/2023 04:27:34 PM $0.00 Bk 5152 Pg: 1892 Index: # EFO03105.2023 Clerk: DK.counsel can be heard, why an Order should not be entered, pursuant to the provisions of the Civil Practice Law and Rules and the Town Code of the Town of Newburgh, New York: 1. Immediately and temporarily restraining and enjoining Defendants from further modification, alteration, or change of use, of the property located at 5 Lakeside Road, Newburgh, New York 12550, and as otherwise referenced in the Complaint, unless and until such time as appropriate permit applications are filed with the Town of Newburgh, appropriate inspections are conducted, and continued activity is approved by the Town of Newburgh and any other required governmental authority; 2. Immediately and temporarily restraining and enjoining Defendants, from using or operating the subject property referenced in the Complaint as a shelter for the long-term housing of non-transient guests, at, on, or within the subject property as otherwise referenced in the Complaint unless and until such use is approved by the Town of Newburgh and any other required governmental authority; 3. Immediately and temporarily restraining and enjoining Defendants from using the subject property referenced in the Complaint in violation of the Town Code of the Town of Newburgh, New York, resulting from an influx of non-transient single men from the City of New York, or any other municipality, unless and until expressly permitted under local laws of the Town of Newburgh; and4. Immediately and temporarily directing the Defendants to return the influx of approximately sixty (60) non-transient men accepted by the defendants from the City of New York to the care, custody, and control of the City of New York. 5. Together with such other and further relief as this Court may deem just and proper; and it is further ORDERED, ADJUDGED, AND DECREED that pending the hearing and determination of this motion, defendants are Defendants are hereby immediately and temporarily enjoined from: 1. Immediately and temporarily restraining and enjoining Defendants from further modification, alteration, or change of use, of the property located at 5 Lakeside Road, Newburgh, New York 12550, and as otherwise referenced in the Complaint, unless and until such time as appropriate permit applications are filed with the Town of Newburgh, appropriate inspections are conducted, and continued activity is approved by the Town of Newburgh and any other required governmental authority; 2. — Immediately and temporarily restraining and enjoining Defendants, from using or operating the subject property referenced in the Complaint as a shelter for the long-term housing of non-transient guests, at, on, or within the subject property as otherwise referenced in the Complaint unless and until such use is approved by the Town of Newburgh and any other required governmental authority;3. Immediately and temporarily restraining and enjoining Defendants from using the subject property referenced in the Complaint in violation of the ‘Town Code of the Town of Newburgh, New York, resulting from an influx of non-transient single men from the City of New York, or any other municipality, unless and until expressly permitted under local laws of the Town of Newburgh; and 4. Immediately and temporarily directing the Defendants to return the influx of approximately sixty (60) non-transient men accepted by the defendants from the City of New York to the care, custody, and control of the City of New York; and it is further: ORDERED, that service of a copy of this Order to Show Cause, together with the papers upon which it was made, by affixing a copy at the subject property located at 5 Lakeside Road, Newburgh, New York 12550, on or before , 2023, be deemed good and sufficient service; and it is further ORDERED, that service of a copy of this Order to Show Cause, together with the papers upon which it was made, by personal service at the subject property located at 5 Lakeside Road, Newburgh, New York 12550, to the Crossroads Hotel General Manager, Ms. Victoria Candrilli, on or before , 2023, be deemed good and sufficient service; and it is further ORDERED, that answering papers, if any, are to be served upon counsel for Plaintiff no later than , 2023. Reply papers, if any, are to be served upon Defendants’ counsel no later than , 2023; and it is furtherORDERED, that personal appearances are / are not required on the return date. Dated: May , 2023 ENTER: HON. S8.C.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE - x TOWN OF NEWBURGH, NEW YORK, Index No. Plaintiff AFFIDAVIT IN SUPPORT OF ORDER TO SHOW CAUSE - against - NEWBURGH EOM LLC, NEWBURGH EOM LLC d/b/a CROSSROADS HOTEL, and CROSSROADS HOTEL, Defendants. STATE OF NEW YORK ) COUNTY OF ORANGE } aa GILBERT J. PIAQUADIO, being duly sworn, deposes and says under penalties of perjury: 1. Tam the Town Supervisor of the plaintiff, the Town of Newburgh, New York (the “Town”). 2. Imake and submit this Affidavit in support of the Town’s application seeking emergency relief. 3. This Affidavit is made upon personal knowledge, unless otherwise stated. 4. 1am the duly elected Supervisor of the Town of Newburgh, having served in this capacity since March of 2014. 5. As Town Supervisor, | am charged with the responsibility of the overall administration of Town affairs, including compliance with Town ordinances and local codes and the enforcement thereof, Filed in Orange County 05/12/2023 04:27:34 PM $0.00 Bk 5152 Pg: 1892 Index: # EFO03105.2023 Clerk: DK.6. _ One of my responsibilities is also to observe the protection, safety, and well-being of Town residents and citizens. 7. As such, it is imperative that this Court issue a temporary restraining order to ensure compliance with the provisions of the Town Code - in particular, Building Construction Code §71-8 of the Town of Newburgh and Zoning Code §185.50 of the Town Municipal Code. FACTUAL BACKGROUND. 8. On Friday, May 5, 2023 at 9:51am, I was contacted by the Mayor of New York City, the Honorable Eric Adams, by text asking me if he could call me. Ireplied yes. 9. Chris Ellis (‘Ellis) from Mayor Adams office called me and advised __ me that the City of New York (the “City’) had implemented a “plan” or “program” whereby the City would provide for four (4) months of temporary sheltering to single adult men secking asylum in the United State. 10. Ellis advised me that the City had made arrangements with the Crossroads Hotel located in the Town of Newburgh to provide the sheltering of approximately sixty (60) single adult males secking asylum. Mayor Adams’ intention is consistent with the “plan” announced by the City. A copy of the Press Release issued by Mayor Adams’ office is annexed hereto as Exhibit A and recites this intention. 11. At the outset, I advised Ellis that using the Crossroads Hotel as a shelter was not permitted as it would violate the Town of Newburgh’s Town Codes. I also informed Ellis about my concerns regarding the absence ofbackground checks on these sixty (60) men. I expressed to Ellis that the safety of the Town of Newburgh residents is most important. Further, I inquired of Ellis as to what would happen with the sixty (60) men at the conclusion of the four (4) months, I also advised Ellis that it was my understanding that these individuals would not be cligible to receive social services benefits as they are not United States citizens. 12, Lastly, ladvised Ellis that the Crossroads Hotel was located adjacent to a residential zone, which has very few services within walking distance. 1 submitted that the Crossroads Hotel was an inappropriate location to house the sixty (60) men. Ellis stated to me that Molly was in charge of distribution would answer all of my questions. Molly never contacted me. 13. Also, on May 5%, I contacted Mayor Adams explaining the issues I already communicated to Ellis. I asked that he delay the bus until these issues can be addressed and he replied “Ok”. 14. On Tuesday, May 9, 2023, Orange County Executive Stephen Neuhaus declared a State of Emergency in response to the City’s plan to relocate asylum seekers to Orange County. 15. Inllight of the foregoing, during a meeting of the Town Board held on May 8, 2023, this matter was added to its agenda as an emergency item. 16. J, along with the Town Board Members, voted and passed a resolution authorizing the Town to appoint special counsel to seek injunctive relief to prevent the violation of the Town's Codes based on using a hotel as a shelter for long term housing accommodations.17. 1 also conferred with the Town of Newburgh Code Compliance Supervisor, Gerald Canfield, concerning the Crossroads Hotel in order to fully understand whether or not the use of a hotel to house sixty (60) single men for a period of four (4) months was compatible with its use as permitted in the Certificate of Occupancy. Based upon my conversations with Mr. Canfield, the proposed usc of the Crossroads Hotel is not a permitted use under its Certificate of Occupancy and is a violation of the Town Codes. The Hotel is an impermissible location for long-term sheltering. 18. Upon information and belief, I understand that the interior of the Crossroads Hotel is currently being modified to facilitate the installation and housing of an extensive number of men for an indeterminate period of time. 19. Despite our objections to the City of New York and the fact that housing sixty (60) single men at the Crossroads Hotel for four (4) months violates the Town Codes, on May 11, 2023, the City bussed and delivered approximately sixty (60) single men to the Crossroads Hotel. 20. In light of the foregoing, and in order to avoid harm to the residents of the Town of Newburgh and nonresidents alike, I respectfully request that this Court issue an order restraining this conduct and directing that the Defendant cease and desist from accepting occupants from the City of New York and further directing that the Defendant return the approximately sixty (60) men to the care, custody and control of the City of New York.‘WHEREFORE, I respectfully request that the Court grant the relief set forth in the Town’s application, together with such other and further relief as this Court deems just and proper. GILBERT J. PIAQUADIO to before me this day of May, 2023 SAUET —— Le Notary PublicSkip Main Navigation Menu The Official Website of the City of New York o o Text Size (Select Language“ Select Language Powered by Google Translate Powered by Google Translate Search(Seach == Search Secondary Navigation MayorBiographyNewsOfficials Mayor Adams Announces Program To Provide Shelter Option For Asylum Seekers Already In Care In Nearby New York Counties May 5, 2023 NEW YORK ~ As New York's shelter capacity continues to rise to the highest level in recorded history, New York City Mayor Eric Adams today announced a new program to provide up to four months of temporary sheltering in nearby New York counties, outside of New York City, to single-adult men seeking asylum who are already in the city’s care. The program will launch with two hotels located in Orange Lake and Orangeburg, with the potential to expand, and will provide asylum seekers with shelter for up to four months as well as the same city-funded services available at Humanitarian Emergency Relief and Response Centers, Staff at participating hotels will also connect asylum seekers with community-based organizations and faith groups to support their transition to a new city, With the number of asylum seekers arriving in New York City rapidly accelerating ahead of Title 42's lifting next week, and what is expected to be an even larger influx after May 11, the hotels in Orange Lake and Orangeburg will free up additional space in New York City for the hundreds of asylum seekers continuing to arrive in the five boroughs every day. Since last spring, over 60,800 asylum seekers have come through New York City and been offered a place to stay and over 37,500 asylum seekers are currently in the city’s care. Filed in Orange County 05/12/2023 04:27:34 PM $0.00 Bk 5152 Pg: 1892 Index: # EFO03105.2023 Clerk: DK.In addition to notifying New York state of these plans already, the mayors and county executives of both Orange Lake and Orangeburg, as well as other local leaders, have been notified of these plans. Mayor Adams also, today, continued to call for the state and federal governments to provide support to manage this crisis, including financial assistance, a national decompression strategy, expedited work authorization, real immigration reform, and more. “Despite calling on the federal government for a national decompression strategy since last year, and for a decompression strategy across the state, New York City has been left without the necessary support to manage this crisis. With a vacuum of leadership, we are now being forced to undertake our own decompression strategy,” said Mayor Adams. “This new, voluntary program will provide asylum seekers with temporary housing, access to services, and connections to local communities as they build a stable life in New York state. New York City continues to step up and handle this crisis, and this new program is an extension of our compassionate response, but these actions do not mean we still don't need urgent action, including a national decompression strategy, financial resources, expedited work authorization, and real immigration reform from Congress.” “As we continue to call on additional support from the state and federal government, we are simultaneously finding ways to meet this increasing need,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “This new program provides additional housing options in neighboring counties for asylum seekers arriving in New York City. This is an issue we must all work together to address, as we have a shared responsibility in managing the influx of over 60,000 asylum seekers arriving to our city.” For the past year, we have been asking the federal government for support as we respond to this humanitarian crisis,” said Mayor's Office of Immigrant Affairs Commissioner Manuel Castro. "As asylum seekers continue to arrive to New York City seeking refuge, the city is continuing to respond and this program will provide a pathway for asylum seekers to access temporary housing, as they build their lives in the United States.” “Mayor Adams and the city of New York are doing everything possible to offer dignity and respect to our newest neighbors as they seek asylum,” said New York City Department of Housing Preservation and Development Commissioner Adolfo Carrién Jr. “Through this program, the city is giving people options and providing compassionate support as they transition to a new life here including access to community-based organizations and faith groups. We will continue to support these efforts to help those who come to our country and arrive in our city seeking refuge.” Beginning this week, the city will conduct outreach to asylum seekers already living in shelters and humanitarian relief centers as it looks to open the initial cohort of hotels in Orange Lake and Orangeburg in the coming weeks. Transfers to these two cities will be voluntary. The city will provide transportation from New York City to the hotels for asylum seekers who decide to participate.Since this humanitarian crisis began, New York City has — largely on its own — taken fast and urgent action, managing the arrival of a rapidly increasing number of buses across New York City with virtually no coordination from states sending them — opening 122 hotels as emergency shelters and eight currently operating humanitarian relief centers already, standing up a navigation center to connect asylum seekers with critical resources, enrolling children in public schools through Project Open Arms, and more. Media Contact pressoffice@cityhall.nyc.gov (212) 788-2958REQUEST FOR JUDICIAL INTERVENTION nee SUPREME. COURT, COUNTY OF ORANGE 7 Index Date index Issued _ 05/42/2023 For Court Use Onlye [EAPTION Enter The complete case caption, bo not use et ox at ano, I move space i reeded, attach a cption ersheet. | —__ US EnryDue [TOWN OF NEWBURGH, NEW YORK ie ayPetoneal age ———| er INEWBURGH EOM LLC, NEWBURGH EOM LLC d/bfa CROSSROADS HOTEL, and — ICROSSROADS HOTEL, oeerdansyeszonseris [ATURE OF ACTION OR PROCEEDING Check ony one box and spec where ndiated. OvWENGAT IWaTRIMONRE [O fuses ty Gndoescrporens aes Ge PET (0 cones [0 cone NOTE: tere rechieen nde the 0918, compee nda he [9 inane uerinsrnc cepany apy, exer citraten MATRMONAL RH ADDENDUM (US 840 [O vec onser snes endnegatale surest For Uncontested Metin etn the Uncontested Dore RUD 3 10 ornercommereal ret [cat PRoreRTY —— spe how many popes the spkaton nds NOTE: or Commer aston eset eu punt 972 NERA 202 704), | Condennton Compl ond atach the COMMERCIAL ISON RIADDENDUM UES8400._|O Mortage Fredoare nec: OPResdetst Conner bros Proper Adress [onan sonna mt Nore: or Marian areca ts rg one Fr ony, JO aerestos ‘nes oauped resent rope or owreroriledcondorini, 10 tienen nc: Crp ond toh te FORECLOSURE RS ADDENDUM (CS 860 [6 tesa Deval orrodainewarracicn lO rartin lO tetorverce [NOTE cngltead etch th PATTON RU ADDENDUN [UC 4") [0 rresscsusniny toe loteccerorintgect Seton: ect 10 crnernesienc ec JO recreneosre [0 ornerritessonaitnpaize nea [© corer tea rapry sec Buen Zonk Cae Enkacanen [0 other torte ER WATTERS Fed nocrsones JO cern of ciprnon Busan Tos RTE nCOMMERTAL oe] Ee etre Scary Ra nf One eadacin ORO FeeeTIO Emerge Medea! Treatment [Scams 7s-acivaton ee NOTECOMMERGAL Scion) [O)Hebeascopus 1G eramarie 18-Proeeing ants Boy Ot [0 tect cou Aor! 19 crciontaw 10 ntecanesen fxveme Rs Frotecton Oder [O nome crogeerDeinstoncange tuna 9S0~ Rens IO rite rome neocon Hestng tuntare 10-secOrendercantnement spect: Oats! Orretew |Q sue or once of eeu ofr eft epery lO tn arose (ouraeene [0 oterivecive [O citer tera en tc [O orerspecl receding pec [STATUS OF ACTION OR PROCEEDING Answer YES ar NO for every question and enter additonal information where indicated TMS, NO lias summensard complaint er summons with notice been fled? © Oiryescateriee, 05/12/2023 iss summons and complaint er summons wth notice been served? O © yes cate served: sth acvon/eroceeding being hed pos judgment? O © sryesjudarencaate: INATURE OF JUDICIAL INTERVENTION Check one box only and enter addtional information where indicated. Infant's Compromise Extreme Risk Protection Order Application Note of sue/Certifcate of Resdness [O Note ot aca Dentater Poise Malpractice ate issue soins: IO notice of tion Ratet Requette Return Date: ID netics ofPettion Root Requested Return Date! |® ordertoshow cause elef Requested: unalonesroning Quer Return Date: 1 ctrer sxParte Application Folio Requested: 1 rarton sertement conference 1 rece Pert Appeation 1 request or Peimnary Conference 1O reaidentia morgage Forectosure Settlement conference IO writ of obese compus IS comer (spect: Filed in Orange County 05/12/2023 04:27:34 PM $0.00 Bk 5152 Pg: 1892 Index: # EF003105.2023 ~ Clerke DK’[RELATED CASES. let any elated adllons, For Matrimonial cares, lst any related criminal or Family Courtcares. ifn prea ada spaces requied, comolee and attach the Rul ADDENDUM (UC 840A). : ee jncerexeeNomber [cout Dodge stipe) —— Rabon tte case leanne Tor pars witont an Srna, eck he "Ure Pox and ater Whe part7s sods, phone nurber and eal a We spc roWaea. I addtionl space lrequived, complete and attach the RIT ADDENDUM (UCS S40). lox panier cays and Unrepresened gant [awe eed nrc aren cpl pericsinsreorderasIstedinthe for rpresented paren prove sorney are frm rame, des phon ind |For each detent, [fx each defend, pon snares (eal, [el or unesresete patie, powse pets ade phoneardemel. nds sue hor [indicts insurance [tendo pty bil ce) pee pie Taper, Tow owt, new Yon sare nee i msn an rene neers es ONO Plaintiff ewan Ovs O Newturgn OM LLG 8 Lareode Raed, Newbugh, NY 12550 Ovs Ono Newburgh EN LLG da Crosscads Hoel 4 Saket Rod Newburgh NY 125 Ovs Ono ine Crossroads Hotel rosroads Hot Est Presronse tones Reed Novag NY 12660 Oves Ono es Ov Ono om sets Ovs Ono O)rsces. Oves Ono cts Oves Ono = rat: Ov Ono io ves Ono, : om rote Ovts Ono om ott Ovs Ono oe rte Oves Ono Oleic Oves Ono Dips Ores Ono TTAFFIRV UNDER THE PENALTY OF PERIURY THAT, UPON INFORMATION AND BELIEF, THERE ARE NO OTHER RELATED ACTIONS OR PROCEEDINGS, EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION BEEN PREVIOUSLY va THIS ACTION OR PROCEEDING. Signature sranis ffrey D. Sherwin, E59. ‘Atiomey Registration Number Print Name Dated: _05/12/2023SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE x ‘TOWN OF NEWBURGH, NEW YORK, Plaintiff Index No.: -against- NEWBURGH EOM LLC, NEWBURGH EOM LLC d/b/a CROSSROADS HOTEL, and CROSSROADS HOTEL, Defendants “K MEMORANDUM OF LAW IN SUPPORT OF TOWN OF NEWBURGH, NEW YORK’S APPLICATION FOR PRELIMINARY INJUNCTIVE RELIEF MacVean, Lewis, Sherwin & McDermott, P.C. Attorneys for Plaintiff Town of Newburgh, New York 34 Grove Street P.O. Box 310 Middletown, New York 10940 (845) 343-3000 Filed in Orange County 05/12/2023 04:27:34 PM $0.00 Bk 5152 Pg: 1892 Index: # EF003105.2023_Clerkc DKPRELIMINARY STATEMENT Plaintiff Town of Newburgh, New York (hereinafter referred to as the “Town”) submits this Memorandum of Law in support of its application seeking a preliminary injunction enjoining the defendants from unpermitted altering the use of the Crossroads Hotel (hereinafter referred to as the “Hote!”) from a hotel to a long-term facility for asylum seekers and/or migrants sent to the Hotel by the City of New York (hereinafter the “City”). Any unpermitted alteration of use is a violation of the Town Codes. ‘The Town is entitled to a preliminary injunction because it easily meets and satisfies the legal standard governing injunctive relief for the enforcement of the Town Codes. Preliminary injunctions are to be readily given based on a violation of its zoning regulations where the Town establishes a likelihood of success on the merits of the claim and that the equities are balanced in its favor. Town of Di Town Board v. Cascino, 41 A.D.3d 834 (2d Dep't 2001); Town of Oyster Bay v. Smuggler Jack’s, Inc., 2015 WL 12843675. Notably, the Town need not establish that there is a special damage or injury to the public, or that there is an adequate remedy at law in order to obtain a preliminary injunction. Town, Law §268; Town of Carmel v. Melchner, 105 A.D.3d 82 (2d Dep’t 2013). Although special damage, irreparable harm, or injury to the public is not a requirement for the Town to obtain a preliminary injunction, without an injunction the defendants will be allowed to place the public as well as the asylum seckers/migrants residing at the Hotel at risk for substantial harm by using the Hotel in an unauthorized manner prohibited by the Town Code, -2-‘The Town has established through the accompanying affidavits and exhibits that it has a clear likelihood of success on the merits and that the balancing of the equities favors the granting of a preliminary injunction because the denial of such a request would permit, encourage, and enable the defendants to alter the use of the Hotel and would enable knowing violations of the Town Code. The preliminary injunction is essential to protect the welfare and safety of the general public as well as those residing at the Hotel. ‘The Town respectfully submits that it is entitled to a preliminary injunction and requests that the Court issue an Order granting a preliminary injunction enjoining and retraining the defendants from accommodating and housing the asylum seekers/migrants and Order that the Hotel remove the individuals from the Hotel and return the individuals to the care, custody, and control of the City of New York. STATEMENT OF MATERIAL FACTS For sake of brevity, the facts are not repeated herein, The Town respectfully its Verified Complaint as well as the affidavits relies upon the facts contained i of Supervisor Gilbert J. Piaquadio and Code Compliance Supervisor Gerald Canfield, together with all exhibits, for the facts relevant to this matter. ARGUMENT Under to CPLR 6301, the legal standard for a preliminary injunction is as follows: A preliminary injunction may be granted in any action where it appears that the defendant threatens or is about to do, or is doing or procuring or suffering to be done, an act in violation of the plaintiffs rights -3-respecting the subject of the action, and tending to render the judgment ineffectual, or in any action where the plaintiff has demanded and would be entitled to a judgment restraining the defendant from the ‘commission or continuance of an act, which, if committed or continued during the pendency of the action, would produce injury to the plaintiff. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had. As stated above, the requirement of showing immediate and irreparable injury, loss or damage is inapplicable where a municipality seeks injunctive relief to enforce its own regulations. Town Law §268; Town of Carmel v. Melchner, 105 A.D.3d 82 (2d Dep’t 2013). It is well settled that “To obtain preliminary injunctive relief based on a violation of its zoning ordinances, a town need only show that it has a likelihood of ultimate success on the merits and that the equities are balanced in its favor.” Town of Dover, supra; Town of Riverhead v, Gezari, 63 A.D.3d 1042 (2d Dep’t 2009). ‘The decision to grant or deny a preliminary injunction is left to the sound discretion of the Supreme Court. Masjid Usman, Inc, v. Beech 140, LLC, 68 A.D.3d 942 (2d Dep’t 2009)(*The decision to grant a preliminary injunction is a matter ordinarily committed to the sound discretion of the court hearing the motion.”); Town of Carmel, supra. It is respectfully submitted that upon the ‘Town's showing of a likelihood of success on the merits and a balancing of the equities in favor of the injunction, this Court should grant the relief requested by the Town.A. The Town will succeed on the merits of enforcing the Town Code. It is well established that a town sceking a preliminary injunction for a violation of its own town codes must make a strong prima facie case that the defendant is violating said code. Town of Oyster Bay, supra. There, the court held that “When a municipality demonstrates by a strong prima facie showing that a particular act is in violation of a zoning ordinance, a preliminary injunction enjoining the commission of the act is warranted.” Town of Oyster Bay, supra (citing Eggert v. LevFever, 22 A.D.2d 1043 (4t Dep't 1995); City of Albany v. Feigenbaum, 204 A.D.2d 842 (3d Dep't 1994)). Here, there is a high likelihood that the Town will succeed on the merits of enforcing its own Town Code. The relevant Town Code sections are Town of Newburgh Municipal Code §185-3, Town of Newburgh Building Construction Code §71-8, Town of Newburgh Municipal Code §185-7, Town of Newburgh Municipal Code §185-3, and Town of Newburgh Municipal Code §185-50. ‘The Town of Newburgh Municipal Code §185-3, defines a “Hotel” as follows: “One or more buildings offering transient lodging accommodations on a fee or hire basis to the general public, and which provide rooms or areas for group assembly and a central kitchen only and a central dining room within the building or in an accessory building. A hotel shall not constitute an individual's or family's primary residence and shall not be construed to be a multiple dwelling.” Of note, the 2020 New York State Building Code defines “transient” as “occupancy of a dwelling unit or sleeping unit for not more than 30 days.” (Emphasis added).In the instant case, the Hotel’s preparations and accommodations to allow for the housing of individuals for four (4) months and the arrival and housing of the approximately sixty (60) single men demonstrates an imminent change of use of the Hotel, making the Hotel a long-term residence. This is outside the designated use of a hotel and violates the Hotel's Certificate of Occupancy and Town Codes. The Town of Newburgh Building Construction Code §71-8 states: “A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance.” (Emphasis added). Under Town of Newburgh Municipal Code §185-7 — Effect of Establishment of Zoning Districts, “any use not specifically permitted shall be deemed to be prohibited. Likewise, a “Prohibited Use” is defined as “a use of a building, structure, lot or land, or part thereof, which is not specifically listed as a permitted use, use subject to site plan review, accessory use or special permit use. In addition (as stated in § 185-7), any use not specifically permitted as one of the above shail be deemed to be prohibited.” Town of Newburgh Municipal Code §185-3. Based on the Hotel’s preparations and accommodations to allow for the housing of individuals for four (4) months and the arrival and housing of the -6-approximately sixty (60) single men, there is an imminent violation of the Hotel's Certificate of Occupancy, which only permits occupancy of an individual for thirty (30) days. Moreover, at all relevant times herein, the defendants’ use of the property is and continues to be in violation of the Town of Newburgh Municipal Code §185-50. This section states, in pertinent part: “A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of a building or the land to which it applies. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building and Code Enforcement Officer: (1) Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building. (2) Occupancy, use or any change in the use of any land. (3) Any change in use of a nonconforming. usc.” It is clear that the defendants’ modification and alterations to accommodate the City’s “program” is an unlawful and unpermitted use in violation of the Town of Newburgh’s Town Codes. Moreover, pursuant to the Town Codes, any alterations or changes of use requires a hearing, review, approval, and permitting by the Town of Newburgh Planning Board. The Hotel’s change of use violates this provision of the Town Code as well.As set forth above, the defendants have clearly violated a number of Town Code provisions. Therefore, it is respectfully submitted that the Town has made a prima facie showing of likelihood of success on the merits and the preliminary injunction should be granted. B, The balancing of the equities is in favor of the preliminary injunction. It Is well established that when determining a request for a preliminary injunction, “the balancing of the equities requires the court to determine the relative prejudice to each party accruing from a grant or denial of the requested relief Barbes Rest. Inc, v. ASRR Suzer 218, LLC, 140 A.D.3d 430, 432 (1s Dep't 2016). In the instant action, there is no prejudice to the defendant presented by the granting of the preliminary injunction. In Town of Riverhead, supra, the town demonstrated the balance of the equities favored the Town by merely demonstrating safety hazards and noise concerns. Here, it is beyond reproach that the purpose of the Town Codes is to ensure the health and safety of all people within the borders of the Town. The Hotel’s violations of the Town Code present clear and present safety hazards to the tenants of the Hotel, as well as the public at large. Moreover, there is no prejudice to the Hotel as the Town is seeking to enforce the Town Code, not to preclude the defendants from operating lawfully under the Town Code. The Town is merely seeking to prevent the defendants from altering the use of the Hotel from its permitted use under the Certificate of Occupancy to an unpermitted and impermissible use.The defendants’ Certificate of Occupancy only permits the Hotel to act as a hotel servicing only transient tenants for up to thirty (30) days. Town of Newburgh Municipal Code §185-3; 2020 New York State Building Code. Permitting the Hotel to house approximately sixty (60) single men for a period of four (4) months would directly alter its use and put it in direct violation of its Certificate of Occupancy and the Town Codes. if the preliminary injunction were not granted, it would directly enable the Hotel to continue to violate the Town Codes. Based on the above, there is minimal, if any, prejudice to the defendants presented by the granting of the preliminary injunction. The Town has shown that the balancing of the equities favors the Town. Therefore, the preliminary injunction must be granted. CONCLUSION In this case, the City of New York, an outside municipality, is encouraging and enabling the Hotel to violate the Town Codes, and the Hotel has taken purposeful steps to violate the Town Codes, The defendants should be estopped from violating the Certificate of Occupancy and applicable Town Codes and must not be permitted to alter the use of the Hotel to make it a long-term shelter without observing the necessary and applicable Town Code provisions and obtaining the necessary approval and permits.Based on the foregoing, it is respectfully submitted that the plaintiff's request for relief be granted in its entirety, together with such other and further relief as this Court deems just and proper. Dated: Middletown, New York May 12, 2023 MacVEAN, LEWIS, SHERWIN & McDERMOTT, P.C. , SHERWIN, ESQ. OLAS/J. BERWICK, ESQ. Attorneys for Plaintiff 34 Grove Street - PO Box 310 Middletown, New York 10940 (845) 343-3000 -10-SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE x TOWN OF NEWBURGH, NEW YORK, Index No.: Plaintiff AFFIRMATION PURSUANT ; TO UNIFORM RULE 202.8-e -against- NEWBURGH EOM LLC, NEWBURGH EOM LLC d/b/a CROSSROADS HOTEL, and CROSSROADS HOTEL, Defendants x NICHOLAS J. BERWICK, an attorney duly admitted to practice law in the Courts of the State of New York, hereby affirms the following under penalties of perjury: 1. Lam an associate with the law firm of MacVean, Lewis, Sherwin & McDermott, P.C., attorneys for the plaintiff Town of Newburgh, New York in this action. 2. Prior to the filing of the instant application, I personally made diligent good faith attempts to identify agents for service of process on behalf of the defendants and to serve the defendants concerning this application for a temporary restraining order. 3. According to the New York State Department of State Division of Corporations searchable database, the only defendant duly registered with the State of New York is defendant Newburgh EOM LLC. Per the searchable database, Newburgh EOM LLC does not have a registered agent for the service of process. Filed in Orange County 05/12/2023 04:27:34 PM $0.00 Bk 5152 Pg: 1892 Index: # EF003105.2023 Clerk: DK’4. On May 12, 2023, I contacted the Crossroads Hotel at telephone number (845) 567-0567. I spoke with an employee who identified herself as “Kathy” who informed me that the Hotel Manager, Victoria, was not available for the rest of the day. I asked Kathy if she could provide the contact information for either the owners of the Crossroads Hotel or any attorneys representing the Crossroads Hotel. Kathy did not have any such information and asked for my contact information, which I provided to her. She advised that she would try to have someone get in touch with me, but anticipated I would not hear from anyone for several days. 5. Upon information and belief, the Town of Orangetown, New York has filed an action in New York State Supreme Court, County of Rockland, bearing Index No. 032048/2023, which also sought a temporary restraining order under facts analogous to those in the instant matter. 6. Upon information and belief, the hotels and defendants at issue in the Town of Orangetown’s action may have ownership interest or other connections to the defendant Crossroads Hotel. 7. In my efforts to ascertain whether the defendants in the instant action do indeed have a connection to the defendants and hotels in the Town of Orangetown action, on May 12, 2023, I telephoned attorney Robert C. Zitt, Esq. at the phone number (914) 946-4777. Mr. Zitt is the attorney for the Town of Orangetown. I inquired as to whether he had knowledge of any connection between the defendants in the respective cases and whether any counsel he may have spoken with also represented the defendants in the instant matter.8. Mr. Zitt did not have any specific knowledge of same, so I provided my contact information to Mr. Zitt and asked him to contact me should he obtain any information relevant to the legal representation of the defendants in the instant action, 9, Moreover, based on information contained in Mr. Zitt’s Affirmation Pursuant to Uniform Rule 202.8-e filed in the action brought by the Town of Orangetown, Chaim Dahan of Dahan Law, P.C., located at 2115 Avenue U, Brooklyn, New York 11229, was a potential representative of parties involved in the Town of Orangetown’s action. On May 12, 2023, Icontacted Dahan Law, P.C. at telephone number (718) 961-4111. I spoke with a receptionist and inquired as to whether Dahan Law, P.C. represented Newburgh EOM LLC or Crossroads Hotel. The receptionist placed me on a brief hold to consult with someone, presumably an attorney in her office. She then advised that Dahan Law, P.C. did not represent the defendants. The receptionist politely declined to provide her name. 10. After making several attempts to determine whether the defendants were represented by legal counsel that would accept service on the defendants’ behalf, it came to my attention that several lawyers from the firm of Pryor Cashman had recently noted their appearance on behalf of the defendants in the action brought by the Town of Orangetown. 11. Based on this information, on May 12, 2023, | called Mr. Todd Soloway, Esq., at phone number (212) 326-0252. I was forwarded to Mr.Soloway’s voicemail and left a message identifying myself and the purpose of my call. I also provided my contact information. 12. 1 also called Perry Amsellem, Esq., (212) 326-0119, Rachel Shaw, Esq. (212) 326-0441, and Itai Raz, Esq., (212) 326-0838, all of whom are associated with Pryor Cashman and are attorneys of record in the Town of Orangetown action. I was unable to speak with any of them. 13. Accordingly, pursuant to the New York State Uniform Rule 202.8-e, diligent good faith attempts have been made to identify agents for service of process on behalf of the defendants and to serve the defendants concerning this. application for a temporary restraining order. WHEREFORE, I respectfully request that the Court grant the instant application filed herein, together with such other further relief as this Court may deem just and proper. Dated: Middletown, New York May 12, 2023MACVEAN, LEWIS, SHERWIN & MCDERMOTT, P. C. ATTORNEYS AT LAW Jerraey. sara Pag. 7. MeDeRNors ar) ‘RENE. Parsrow 34 Grove STREET ~ P.O. Box 310 ee ee MIDDLETOWN, NEW York 10940 keluarw Lees (a8) 343-3000 fi i eS ceoe (ois) as0-5178 aauoe ys Sivnenn Cour Jostice FAX (845) 343-3866 v. Faun Cope en) ren rcnows, saxescK May 12, 2023 avn r0:)86012 Kelly Eskew, County Cleric Orange County Clerk’s Office 285 Main Street Goshen, New York 10924 Re: Index No.: not assigned No Fee Letter of Authorization Town of Newburgh, New York v. Newburgh EOM LLC, Newburgh EOM LLC d/b/a Crossroads Hotel, and Crossroads Hotel Dear Ms, Eskew: Our firm represents Plaintiff, Town Newburgh, New York in the above- referenced action. The Town of Newburgh is a municipal corporation and political subdivision of the State of New York and is, therefore, exempt from all filing fees for Court documents in the Orange County Clerk's Office. ‘Thank you for your courtesy in this regard. tfylly submits JDS/kd Filed in Orange County 05/12/2023 04:27:34 PM $0.00 Bk 5152 Pg: 1892 Index: # EFO03105.2023 Clerk: DK.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE, x ‘TOWN OF NEWBURGH, NEW YORK, Index No. Plaintiff . AFFIDAVIT IN SUPPORT ~against- OF ORDER TO SHOW CAUSE NEWBURGH EOM LLC, NEWBURGH EOM LLC d/b/a CROSSROADS HOTEL, and CROSSROADS HOTEL, Defendants. STATE OF NEW YORK ) COUNTY OF ORANGE ) GERALD CANFIELD, being duly sworn, deposes and says: 1. 1am the Code Compliance Supervisor for the Town of Newburgh Code Compliance Department (hereinafter referred to as “CCD”). CCD is a department of the plaintiff Town of Newburgh (hereinafter the “Town”) and is charged with assisting the public in acquiring Building Permits and Certificates of Occupancy for new and existing residential and commercial structures. The CCD is also responsible for investigating municipal complaints concerning code violations. 2. make and submit this affidavit in support of the Town’s application seeking emergency relief. 3. Defendant Newburgh EOM LLC is the owner of the property located within the Town, which bears the street address of 5 Lakeside Road and is designated as Section 86, Block 1, Lot 39.21 on the tax map of the Town. The wae Filed in Orange County 05/12/2023 04:27:34 PM $0.00 Bk 5152 Pg: 1892 Index: # EFO03105.2023 Clerk: DK.subject property is the site of a hotel known as the Crossroads Hotel (hereinafter referred to as the “Hotel”). 4. The Hotel is currently engaged in and has already performed activities in preparation for the subject property to accommodate an influx of single-adult men currently in the care of the City of New York (hereinafter referred to as the “City”). Based upon information and documentation provided by the City, the City intends to house these individuals at the Hotel for four (4) months. Additionally, as of May 11, 2023, approximately sixty (60) of these individuals arrived at the Hotel. 5. The preparations for and acceptance of these individuals for a four- (4) month occupancy are a clear unpermitted change to the use of the Hotel and, as such, the Town is without relief unless and until further activities are enjoined by the Court. 6. In my capacity as Code Compliance Supervisor, I work with Town Building Inspectors and Town Fire Inspectors for the enforcement of code compliance and conformity with the use of a property that may be related to its existing Certificate of Occupancy. 7. On Friday, May 5, 2023, I was advised by the Town Supervisor Gil Piaquadio that he was contacted by the Mayor of the City of New York, the Honorable Eric Adams. 8. Supervisor Piaquadio advised that Mayor Adams told him that the City was initiating a plan for housing an overflow of migrants who are under the care of the City. de9. Part of the Mayor's plan included sending migrants to neighboring counties, including Orange County, where the migrants would be housed in hotels for four (4) months. 10. Supervisor Piaquadio was told that the Crossroads Hotel was a specific site designated for this long-term housing. 11. The subject property maintains a Certificate of Occupancy permitting its use as a hotel dating back to 1990. A Certificate of Compliance dated October 15, 2015 designated the property for use as a hotel. 12. Upon learning that the Hotel was intended to be the location for long-term housing for at least four (4) months, I conducted a site inspection of the property on May 10, 2023. I was accompanied by the Town Building Inspectors James Campbell and Barry Lapierre, as well as the Town Fire Inspector Velazquez (hereinafter referred to as the “Town Inspectors”), 13. Hotel staff walked the Town Inspectors through the building interior, including into hotel rooms, Certain changes had already been made to Hotel rooms, including the altering of beds and the insertion of additional bedding, as well as alteration of room accommodations. 14, Additionally, there was private security staff, presumably hired by the City, stationed around the Hotel. 15. It was clear to the Town Inspectors that these alterations were made to accommodate the influx of long-term residents and to facilitate a change in ‘use of the Hotel to long-term housing or a shelter.16. Upon information and belief, on May 11, 2023, two (2) buses transporting approximately sixty (60) single men from the City arrived at the Hotel. It is my understanding that these individuals arrived as part of Mayor ‘Adam’s “plan” and that the intention is for these individuals to remain housed at the Hotel for four (4) months. 17. The current housing of these individuals, together with the accommodations made by the Hotel and Mayor Adams’ clear representation that the intention is for the individuals to remain at the Hotel for at least four (4) months at the Hotel, represents an imminent violation of the Town Codes. RTINENT: PRO' |S OF THE Tt DE 18. Pursuant to Town of Newburgh Municipal Code §185-3, a “Hotel” is defined as “One or more buildings offering transient lodging accommodations on a fee or hire basis to the general public, and which provide rooms or areas for group assembly and a central kitchen only and a central dining room within the building or in an accessory building. A hotel shall not constitute an individual's or family's primary residence and shall not be construed to be a multiple dwelling.” 19. The 2020 New York State Building Code defines “transient” as “occupancy of a dwelling unit or sleeping unit for not more than 30 days.” (Emphasis added). 20. Here, the Hotel’s preparations and accommodations to allow for the housing of individuals for four (4) months and the arrival and housing of the approximately sixty (60) single men demonstrates an imminent change of use of maethe Hotel, making the Hotel a long-term residence. This is outside the designated use of a hotel and violates the Hotel’s Certificate of Occupancy and Town Codes. 21. The Town of Newburgh Building Construction Code §71-8 states that “A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted frof_one use or occupancy. classification or subclassification to another. Permission to use or occupy @ building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance.” (Emphasis added). 22. Under Town of Newburgh Municipal Code §185-7 - Effect of Establishment of Zoning Districts, “any use not specifically permitted shall be deemed to be prohibited. Likewise, a ‘Prohibited Use” is defined as “a use of a building, structure, lot or land, or part thereof, which is not specifically listed as a permitted use, use subject to site plan review, accessory use or special permit use, In addition (as stated in § 185-7F), any use not specifically permitted as one of the above shall be deemed to be prohibited.” Town of Newburgh Municipal Code §185-3. 23, Based on the Hotel’s preparations and accommodations to allow for the housing of individuals for four (4) months and the arrival and housing of the approximately sixty (60) single men, there is an imminent violation of the Hotel’s Certificate of Occupancy, which only permits occupancy of an individual for thirty (30) days. 5s24. Moreover, at alll relevant times herein, the defendant's use of the property is and continues to be in violation of the Town of Newburgh Municipal Code §185-50. 25. This section states, in pertinent part, “A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of a building or the land to which it applies. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building and Code Enforcement Officer: (1) Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building. (2) Occupancy, use or any change in the use of any land. (3) Any change in use of a nonconforming use.” 26. It is clear that the defendant’s modification and alterations to accommodate the City’s “program” is an unlawful and unpermitted use in violation of the Town of Newburgh’s Town Codes. 27. Pursuant to the Town Codes, any alterations or changes of use requires a hearing, review, approval, and permitting by the Town of Newburgh Planning Board. The Hotel’s change of use violates this provision of the Town Code as well. “98, In short, the Hotel's preparations, accommodation, and acceptance of the approximately sixty (60) single men from the City for four (4) months is a violation of the express provisions of the Town Code.29. In order to avoid harm to the Town of Newburgh, I respectfully request that the Court issue a temporary restraining order directing that the Defendant cease and desist from providing housing to the approximately sixty (60) single men and direct that these individuals be returned to the care, custody and control of the City of New York. WHEREFORE, your Deponent respectfully requests that the Court grant the relief set forth in the Town’s application, together with such other and further relief as the Court deems just and proper. GERALD CANB{ELD. Sworn to before me this 11% day of May, 2023 lath Notary Public