Chrysafis et al v. Marks et al
Plaintiff: Betty S. Cohen, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, Mudan Shi, Brandie LaCasse, HOUSING COURT ANSWERS and Make the Road New York
Defendant: Caroline Tang-Alejandro, Joseph Fucito, Lawrence K. Marks, Adrian H. Anderson, James Dzurenda and Margaret Garnett
Case Number: 2:2021cv02516
Filed: May 6, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Anne Y Shields
Nature of Suit: Constitutional - State Statute
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2021 Opinion or Order Filing 135 Letter regarding dismissal by Lawrence K. Marks (Connolly, Susan)
November 29, 2021 Opinion or Order Filing 134 MEMORANDUM AND ORDER - Based on the foregoing, plaintiffs' application for a preliminary injunction is DENIED. SO Ordered by Judge Gary R. Brown on 11/29/2021. (Tirado, Chelsea)
November 22, 2021 Opinion or Order Filing 133 Letter to Brandie LaCasse from the Pro Se Department returning document without docketing or consideration. (Tirado, Chelsea)
November 14, 2021 Opinion or Order Filing 132 Letter to Judge Gary R. Brown from Randy M. Mastro re response to the State's Letter of November 12, 2021 by Pantelis Chrysafis, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Exhibit A - Hearing transcript) (Mastro, Randy)
November 12, 2021 Opinion or Order Filing 131 Letter following hearing by Lawrence K. Marks (Connolly, Susan)
November 10, 2021 Opinion or Order Filing 130 Letter to Judge Gary R. Brown from Randy M. Mastro re the status of other states' eviction moratorium laws by Pantelis Chrysafis, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
November 8, 2021 Opinion or Order Filing 129 Minute Entry for proceedings held on 11/8/2021 before Judge Gary R. Brown: Civil Cause for Evidentiary Hearing. Counsel for Plaintiffs: Akiva Shapiro, Jessica C Benvenisty, Lauren Kobrick Myers, Randy M Mastro (for Plaintiffs Pantelis Chrysafis, Betty S Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou, Rent Stabilization Association of NYC, Inc.) Counsel for Defendants: Kimberly Ann Kinirons, Lori L Pack, Susan M Connelly (for defendant Lawrence K Marks). Case called. Counsel for all sides present in courtroom. Hearing held in person. Hearing held regarding: Preliminary Injunction. Witness(es) sworn, testimony heard. Hearing concluded. Decision reserved. (Tirado, Chelsea)
November 5, 2021 Opinion or Order Filing 128 Letter by Pantelis Chrysafis, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Exhibit A - Plaintiffs' Witness List, #2 Exhibit B - Plaintiffs' Exhibit List, #3 Exhibit 1 - Declaration, #4 Exhibit 2 - Declaration, #5 Exhibit 3 - Declaration, #6 Exhibit 4 - Declaration, #7 Exhibit 5 - Transcript, #8 Exhibit 6 - Declaration, #9 Exhibit 7 - Declaration, #10 Exhibit 8 - Declaration, #11 Exhibit 9 - Declaration, #12 Exhibit 10 - Declaration, #13 Exhibit 11 - Complaint, #14 Exhibit 12 - Judgment, #15 Exhibit 13 - Complaint, #16 Exhibit 14 - Order to Show Cause, #17 Exhibit 15 - Judgment, #18 Exhibit 16 - Petition, #19 Exhibit 17 - Judgment, #20 Exhibit 18 - Complaint, #21 Exhibit 19 - Order, #22 Exhibit 20 - Judgment, #23 Exhibit 21 - Warrant, #24 Exhibit 22 - Letter-Warrant, #25 Exhibit 23 - Email, #26 Exhibit 24 - Email, #27 Exhibit 25 - Letter, #28 Exhibit 26 - Letter, #29 Exhibit 27 - Memorandum, #30 Exhibit 28 - Order, #31 Exhibit 29 - Exhibit, #32 Exhibit 30 - CEEFPA, #33 Exhibit 31 - CEEFPA Extension, #34 Exhibit 32 - Declaration, #35 Exhibit 33 - Declaration, #36 Exhibit 34 - Declaration, #37 Exhibit 35 - Guidance, #38 Exhibit 36 - Article, #39 Exhibit 37 - Article, #40 Exhibit 38 - Article, #41 Exhibit 39 - Article, #42 Exhibit 40 - Article, #43 Exhibit 41 - Article, #44 Exhibit 42 - Article, #45 Exhibit 43 - Article, #46 Exhibit 44 - Article, #47 Exhibit 45 - Statement, #48 Exhibit 46 - Vaccination Tracker, #49 Exhibit 47 - Vaccination Data, #50 Exhibit 48 - Protocols, #51 Exhibit 49 - Letter, #52 Exhibit 50 - Order, #53 Exhibit 51 - Bar Graph, #54 Exhibit 52 - Summary Table) (Mastro, Randy)
November 5, 2021 Opinion or Order Filing 127 ORDER re #124 Letter - Since no relief is being requested of the Court, the matter will not be subject to further reconsideration at this time. Counsel for Sheriff Anderson need not appear at the preliminary injunction hearing. SO Ordered by Judge Gary R. Brown on 11/5/2021. (Tirado, Chelsea)
November 5, 2021 Opinion or Order Filing 126 Letter regarding witness and exhibit lists by Lawrence K. Marks (Pack, Lori)
November 5, 2021 Opinion or Order ORDER granting #120 Motion to Appear by Virtual Technology. Plaintiff Chrysafis, who has difficulty traveling, may testify by Zoom at the November 8, 2021 preliminary injunction hearing. Counsel for plaintiff should make all appropriate arrangements concerning his appearance. In addition, counsel should ensure that Chrysafis is the appropriate witness for the hearing. If there is a local property manager with more pertinent information regarding the status of Chrysafis's property and the legal and practical actions taken in connection therewith, that person should appear in person at the hearing. Ordered by Judge Gary R. Brown on 11/5/2021. c/ecf (Tahbaz, Joseph)
November 5, 2021 Opinion or Order ORDER. By letter filed as Docket Entry #122 , counsel for plaintiffs objects to testimony to be offered by two defense witnesses -- Alia Razzaq and Bridget Blot -- on the ground that these witnesses have not submitted declarations and plaintiffs have inadequate notice concerning the subject matter of their testimony. The objections are baseless. Significantly, Razzaq testified at the first preliminary injunction hearing, and was subjected to full cross-examination. Moreover, given the emergency basis upon which plaintiffs seek relief, and the absence of requests for expedited discovery, preclusion of witnesses on the basis suggested would be inappropriate. Thus, the witnesses named in the Defendant's November 2, 2021 letter will be permitted to testify. Of course, if any testimony from Blot amounts to unfair surprise, counsel is free to make requests for appropriate relief. Ordered by Judge Gary R. Brown on 11/5/2021. c/ecf (Tahbaz, Joseph)
November 4, 2021 Opinion or Order Filing 125 MEMORANDUM in Support / REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFFS' APPLICATION FOR A PRELIMINARY INJUNCTION filed by Pantelis Chrysafis, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
November 4, 2021 Opinion or Order Filing 124 Letter requesting clarification for appearance at hearing on 11-8-21 by Adrian H. Anderson (Lee, Kimberly)
November 4, 2021 Opinion or Order Filing 123 Letter requesting permission to move to dismiss by Lawrence K. Marks (Connolly, Susan)
November 4, 2021 Opinion or Order Filing 122 Letter to Judge Gary R. Brown from Randy M. Mastro re objection to witnesses by Pantelis Chrysafis, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
November 4, 2021 Opinion or Order Filing 121 Letter to Judge Gary R. Brown from Randy M. Mastro re status letter by Pantelis Chrysafis, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
November 3, 2021 Opinion or Order ORDER re #120 . In light of the Defendant's representation that "according to court records, Pantelis Chrysafis has settled his eviction proceeding against his tenants through a stipulation, (see Exhibit E pp. 294-29 #6 ) strongly suggesting that he and his tenants may have come to an agreement about both past rent and vacating the property," DE 118 at 17, Plaintiffs' counsel is directed to provide the Court an update concerning the status of Mr. Chrysafis's property and related litigation and negotiations. Ordered by Judge Gary R. Brown on 11/3/2021. c/ecf (Tahbaz, Joseph)
November 3, 2021 Opinion or Order ORDER denying #98 Motion to Intervene. Whereas "[p]ermissive intervention is wholly discretionary with the trial court," U.S. Postal Serv. v. Brennan, 579 F.2d 188, 191 (2d Cir. 1978), the Motion to Intervene is DENIED. The Court will consider the submissions of Housing Court Answers and Make the Road New York in support of their Motion to Intervene, as well as any future submissions, as amici curiae submissions. Ordered by Judge Gary R. Brown on 11/3/2021. c/ecf (Tahbaz, Joseph)
November 2, 2021 Opinion or Order Filing 120 Letter MOTION to Appear by Telephone - Letter Motion Requesting Plaintiff to Appear by Zoom by Pantelis Chrysafis, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
November 2, 2021 Opinion or Order Filing 119 Letter identifying final witness list by Lawrence K. Marks (Connolly, Susan)
November 2, 2021 Opinion or Order ORDER re #113 Notice of Voluntary Dismissal filed by Betty S. Cohen. The NOTICE of Voluntary Dismissal by Betty S. Cohen is hereby So Ordered.Ordered by Judge Gary R. Brown on 11/2/2021.c/ecf (Johnston, Linda)
November 1, 2021 Opinion or Order Filing 118 MEMORANDUM in Opposition re #86 Memorandum in Support, filed by Lawrence K. Marks. (Pack, Lori)
November 1, 2021 Opinion or Order Filing 117 NOTICE by Lawrence K. Marks re #86 Memorandum in Support, Declaration with Exhibits (Attachments: #1 Exhibit A - court file LaCasse Rhinebeck, #2 Exhibit B - Court File LaCasse Dutchess part 1, #3 Exhibit B- Court file Dutchess part 2, #4 Exhibit C - Court file Cohen, #5 Exhibit D - Court file Zhou-Shi, #6 Exhibit E - Court file Chrysafis, #7 Exhibit G - Unreported decisions) (Pack, Lori)
November 1, 2021 Opinion or Order Filing 116 Letter to Judge Gary R. Brown from Randy M. Mastro re: Response to Court's 11/1/2021 Order by Pantelis Chrysafis, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Exhibit A - Order) (Mastro, Randy)
November 1, 2021 Opinion or Order Filing 115 Letter in response to Dkt No. 114 by HOUSING COURT ANSWERS, Make the Road New York (Josephson, Edward)
November 1, 2021 Opinion or Order Filing 114 RESPONSE in Opposition re #98 MOTION to Intervene / Letter-Response by Plaintiffs as directed by the Court (Dkt. No. 110) filed by Pantelis Chrysafis, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
November 1, 2021 Opinion or Order ORDER. Plaintiffs' counsel is directed to docket a copy of the opinion cited on page 4 of their November 1, 2021 letter, C.E.Y. Realty Assocs. v. Michaels, No. LT-51238-20/NY (N.Y. Cty. Civ. Ct.), Dkt. 33-1. Ordered by Judge Gary R. Brown on 11/1/2021. c/ecf (Tahbaz, Joseph)
October 31, 2021 Opinion or Order Filing 113 NOTICE of Voluntary Dismissal by Betty S. Cohen (Mastro, Randy)
October 29, 2021 Opinion or Order Filing 112 NOTICE of Appearance by Roland Nimis on behalf of HOUSING COURT ANSWERS, Make the Road New York (aty to be noticed) (Nimis, Roland)
October 29, 2021 Opinion or Order Filing 111 Letter in response to Mr. Mastro's letter dated 10/28/21 by Adrian H. Anderson (Lee, Kimberly)
October 29, 2021 Opinion or Order ORDER granting #109 Motion for Disclosure to "so-order" subpoena. Leave to serve the subject subpoena is GRANTED. Plaintiffs' arguments in opposition may be renewed as an objection to admissibility when and if such documents are offered for consideration. Ordered by Judge Gary R. Brown on 10/29/2021. c/ecf (Tahbaz, Joseph)
October 29, 2021 Opinion or Order ORDER. Plaintiffs' counsel is directed to reply to the Motion to Intervene by Housing Court Answers and Make the Road New York, DE 98, by close of business on November 1, 2021. Ordered by Judge Gary R. Brown on 10/29/2021. c/ecf (Tahbaz, Joseph)
October 28, 2021 Opinion or Order Filing 110 Letter to Judge Gary R. Brown from Randy M. Mastro re: Response to Dkt. No. 106 by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Ex. A - 10.12.21 B. LaCasse Email to Sheriff's Office, #2 Ex. B - 10.13.21 B. LaCasse Email to Sheriff's Office) (Mastro, Randy)
October 28, 2021 Opinion or Order Filing 109 MOTION for Disclosure to "so-order" subpoena by Lawrence K. Marks. (Attachments: #1 Exhibit) (Pack, Lori)
October 28, 2021 Opinion or Order Filing 108 AFFIDAVIT/AFFIRMATION re Order on Motion for Order to Show Cause,,,,,,,, (Corrected) by Adrian H. Anderson (Attachments: #1 Exhibit 1) (Lee, Kimberly)
October 28, 2021 Opinion or Order NOTICE: A hearing has been scheduled for 11/8/2021 at 1:00 p.m.. Due to COVID protocols in the courthouse, space is limited in the courtrooms. Remote public access will be provided using the court's teleconference system. Members of the public will call 888-363-4734 using Access code 4132441 at least 5 minutes prior to the conference. (McMorrow, Karen)
October 28, 2021 Opinion or Order ORDER re #106 #108 . Plaintiffs' counsel is directed to reply to the Dutchess County Sheriff's response to the October 18, 2021 Order to Show Cause by close of business tomorrow. Ordered by Judge Gary R. Brown on 10/28/2021. c/ecf (Tahbaz, Joseph)
October 27, 2021 Opinion or Order Filing 107 Letter to Judge Gary R. Brown from Randy M. Mastro re objection to the State's request for authorization of a subpoena by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
October 27, 2021 Opinion or Order Filing 106 AFFIDAVIT/AFFIRMATION re Order on Motion for Order to Show Cause,,,,,,,, by Adrian H. Anderson (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit 1, #6 Exhibit E, #7 Memorandum in Support) (Lee, Kimberly)
October 27, 2021 Opinion or Order Filing 105 Letter to Judge Gary R. Brown from Randy M. Mastro re joint schedule for the exchange of lists by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
October 27, 2021 Opinion or Order ORDER re #105 Letter filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis. The parties' proposed schedule for the exchange and filing of witness and exhibit lists, and the delivery of exhibits to the Court, in connection with the November 8, 2021 preliminary injunction hearing before the undersigned is hereby So Ordered. Ordered by Judge Gary R. Brown on 10/27/2021.c/ecf (Johnston, Linda)
October 26, 2021 Opinion or Order Filing 104 DECLARATION re #98 MOTION to Intervene by Ellen B. Davidson by HOUSING COURT ANSWERS, Make the Road New York (Attachments: #1 Exhibit Bitzarkis, #2 Exhibit Harbor Tech, #3 Exhibit Sanchez, #4 Exhibit Smith, #5 Exhibit Dudits subpoena, #6 Exhibit Wallerson aff, #7 Exhibit Tran aff, #8 Exhibit Fordham aff, #9 Exhibit Ben Ami aff) (Josephson, Edward)
October 26, 2021 Opinion or Order Filing 103 MEMORANDUM in Support re #98 MOTION to Intervene filed by HOUSING COURT ANSWERS, Make the Road New York. (Josephson, Edward)
October 26, 2021 Opinion or Order Filing 102 DECLARATION re #98 MOTION to Intervene of Jose Lopez by HOUSING COURT ANSWERS, Make the Road New York (Josephson, Edward)
October 26, 2021 Opinion or Order Filing 101 DECLARATION re #98 MOTION to Intervene of Marcie Kobak by HOUSING COURT ANSWERS, Make the Road New York (Josephson, Edward)
October 26, 2021 Opinion or Order Filing 100 DECLARATION of Jose Lopez by HOUSING COURT ANSWERS, Make the Road New York (Josephson, Edward)
October 26, 2021 Opinion or Order Filing 99 DECLARATION re #98 MOTION to Intervene by Jenny Laurie by HOUSING COURT ANSWERS, Make the Road New York (Josephson, Edward)
October 26, 2021 Opinion or Order Filing 98 MOTION to Intervene by HOUSING COURT ANSWERS, Make the Road New York. (Josephson, Edward)
October 20, 2021 Opinion or Order Filing 97 CERTIFICATE OF SERVICE by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou re Order on Motion for Order to Show Cause,,,,,,,, (Attachments: #1 Exhibit A - E-mails) (Shapiro, Akiva)
October 20, 2021 Opinion or Order ORDER. Upon consent of the parties, a hearing for a preliminary injunction is scheduled for November 8, 2021 at 1:00 p.m. before the undersigned in Courtroom 940 of the Alfonse D'Amato Federal Courthouse, 100 Federal Plaza, Central Islip, New York. The joint briefing schedule proposed by the parties is so ordered, and counsel is directed to provide courtesy copies to the Court. Witnesses will testify both on direct- and cross-examination. Based on the most recent filings, the parties are reminded that cooperation and professional courtesy by and between counsel will be expected of them throughout this proceeding. Ordered by Judge Gary R. Brown on 10/20/2021. c/ecf (Tahbaz, Joseph)
October 19, 2021 Opinion or Order Filing 96 Letter to the Honorable Gary R. Brown from Randy M. Mastro re: response to State's counsel's letter [Dkt.95] by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
October 19, 2021 Opinion or Order Filing 95 Letter in response to Plaintiffs' letter regarding hearing by Lawrence K. Marks (Connolly, Susan)
October 19, 2021 Opinion or Order Filing 94 Letter to the Honorable Gary R. Brown from Randy M. Mastro re: response to the Court's October 18 Order by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
October 18, 2021 Opinion or Order Filing 93 Letter requesting extension of dates concerning proposed Order to Show Cause by Lawrence K. Marks (Connolly, Susan)
October 18, 2021 Opinion or Order ORDER deferring #85 Motion for Order to Show Cause. Upon review of the papers filed, the Court hereby rules as follows: 1. To the extent this application may be construed as a motion for a virtual appearance in this case, such application is denied without prejudice to renewal as a motion for a preliminary injunction hearing. Counsel should be prepared to argue this matter in person as well as to present witness testimony for any evidentiary matters they wish to establish. 2. Counsel shall meet and confer to establish a joint briefing schedule and present the Court with dates upon which counsel is available for the hearing.3. In reviewing the papers, the Court has considered with some concern the assertions set forth in the LaCasse Affidavit, DE 87, in which plaintiff LaCasse avers that the Dutchess County Sheriff's Office "refused to honor the default judgment and refused to evict my tenants." Para. 18 (referencing default judgment issued on 9/21/21), 19, Ex. B (email from Sheriff's Office taking legal positions regarding court process). In its Order, this Court exercised its discretion to dismiss the case as against the Dutchess County Sheriff and other sheriffs' offices because the "only evidence of record demonstrates that these defendants have not refused any requests to serve a warrant." Chrysafis v. Marks, No. 21-CV-2516 (GRB), 2021 WL 2405802, at *14 (E.D.N.Y. June 11, 2021). However, in light of the evidence presented by plaintiff LaCasse, counsel for the Dutchess County Sheriff shall show cause in a written submission (including sworn declarations as necessary) to be filed on or before October 27, 2021, why the Court should not reconsider its determination to dismiss the action as against the Dutchess County Sheriff or whether it will, in fact, execute the subject state court process. 4. Plaintiff's counsel shall serve a copy of this Order upon counsel for the Dutchess County Sheriff forthwith and file proof of service. Ordered by Judge Gary R. Brown on 10/18/2021. (Brown, Gary)
October 15, 2021 Opinion or Order Filing 92 AFFIDAVIT/DECLARATION in Support re #85 Proposed MOTION for Order to Show Cause for a Preliminary Injunction - Declaration of Akiva Shapiro filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Attachments: #1 Exhibit 1 - S50001, #2 Exhibit 2 - Marks Administrative Memo, #3 Exhibit 3 - CEEFPA, #4 Exhibit 4 - May 2021 CEEFPA Extension, #5 Exhibit 5 - CEEFPA Hardship Declaration, #6 Exhibit 6 - News Article, #7 Exhibit 7 - Article, #8 Exhibit 8 - Article, #9 Exhibit 9 - Hearing Transcript, #10 Exhibit 10 - LaCasse Judgment, #11 Exhibit 11 - LaCasse Ejectment Warrant, #12 Exhibit 12 - Marks Administrative Order, #13 Exhibit 13 - S50001 Hardship Declaration, #14 Exhibit 14 - COVID-19 Vaccination Tracker) (Shapiro, Akiva)
October 15, 2021 Opinion or Order Filing 91 AFFIDAVIT/DECLARATION in Support re #85 Proposed MOTION for Order to Show Cause for a Preliminary Injunction - Declaration of Joseph Strasburg filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
October 15, 2021 Opinion or Order Filing 90 AFFIDAVIT/DECLARATION in Support re #85 Proposed MOTION for Order to Show Cause for a Preliminary Injunction - Declaration of Mudan Shi filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
October 15, 2021 Opinion or Order Filing 89 AFFIDAVIT/DECLARATION in Support re #85 Proposed MOTION for Order to Show Cause for a Preliminary Injunction - Declaration of Pantelis Chrysafis with Exhibit filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
October 15, 2021 Opinion or Order Filing 88 AFFIDAVIT/DECLARATION in Support re #85 Proposed MOTION for Order to Show Cause for a Preliminary Injunction - Declaration of Betty S. Cohen with Exhibit filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
October 15, 2021 Opinion or Order Filing 87 AFFIDAVIT/DECLARATION in Support re #85 Proposed MOTION for Order to Show Cause for a Preliminary Injunction - Declaration of Brandie LaCasse with Exhibits filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
October 15, 2021 Opinion or Order Filing 86 MEMORANDUM in Support re #85 Proposed MOTION for Order to Show Cause for a Preliminary Injunction filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
October 15, 2021 Opinion or Order Filing 85 Proposed MOTION for Order to Show Cause for a Preliminary Injunction by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
October 15, 2021 Opinion or Order Filing 84 NOTICE of Appearance by William John Moccia on behalf of Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (aty to be noticed) (Moccia, William)
October 15, 2021 Opinion or Order Filing 83 AMENDED COMPLAINT with Jury Trial Demand against Lawrence K. Marks, filed by Rent Stabilization Association of NYC, Inc., Brandie LaCasse, Betty S. Cohen, Pantelis Chrysafis, Mudan Shi, Feng Zhou. (Attachments: #1 Exhibit A - CEEFPA, #2 Exhibit B - May 2021 CEEFPA Extension, #3 Exhibit C - S50001, #4 Exhibit D - S50001 Hardship Declaration, #5 Exhibit E - CEEFPA Hardship Declaration, #6 Exhibit F - Marks Administrative Order, #7 Exhibit G - Marks Administrative Memo) (Mastro, Randy)
October 1, 2021 Opinion or Order Filing 82 MANDATE of USCA 21-1493 as to #78 Notice of Appeal, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis. IT IS HERE BY ORDERED, ADJUDGED ABD DECREED that the Plaintiff's process claims are DISMISSED as moot, the district court's order and judgment are VACATED, and the cause is REMANDED for further proceedings consistent with this Court's opinion. (Landow, Concetta)
September 29, 2021 Opinion or Order Filing 81 CERTIFIED ORDER of USCA 21-1493 as to #78 Notice of Appeal, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis. Due Process claims dismissed as moot; injunction denied for lack of jurisdiction; judgment vacated remanded with leave to replead. (Landow, Concetta)
July 26, 2021 Opinion or Order Filing 80 CERTIFIED ORDER of USCA 21-1493 as to #78 Notice of Appeal, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis. Appellants move for emergency injunction pending appeal. Upon due consideration it is hereby ordered that the appellants motion is denied. (Landow, Concetta)
June 28, 2021 Opinion or Order Filing 79 CERTIFIED ORDER of USCA 21-1493 as to #78 Notice of Appeal, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis. IT IS HEREBY ORDERED that, to the extent the motion seeks temporary injunction pending review by the three-judge panel. The motion is DENIED. The motion is REFERRED to the three-judge panel on expedited basis, for submission as early as the week of July 19, 2021. (Landow, Concetta)
June 16, 2021 Opinion or Order Filing 78 NOTICE OF APPEAL as to #75 Clerk's Judgment,,, #74 Order on Motion for Order to Show Cause,, by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. Filing fee $ 505, receipt number ANYEDC-14571442. (Mastro, Randy)
June 16, 2021 Opinion or Order Electronic Index to Record on Appeal sent to US Court of Appeals. #78 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Landow, Concetta)
June 15, 2021 Opinion or Order ORDER denying #76 Motion for Preliminary Injunction. For the reasons set forth in the Court's Memorandum and Order, the motion for a preliminary injunction pending appeal is denied. Ordered by Judge Gary R. Brown on 6/15/2021. (Brown, Gary)
June 14, 2021 Opinion or Order Filing 77 RESPONSE in Opposition re #76 Letter MOTION for Preliminary Injunction / Injunction Pending Appeal filed by Lawrence K. Marks. (Pack, Lori)
June 14, 2021 Opinion or Order Filing 76 Letter MOTION for Preliminary Injunction / Injunction Pending Appeal by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
June 14, 2021 Opinion or Order Filing 75 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiffs Pantelis Chrysafis, Betty Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou, and Rent Stabilization Association of NYC, Inc., take nothing of defendants Lawrence K. Marks, Adrian H. Anderson, James Dzurenda, Joseph Fucito, Margaret Garnett, and Caroline Tang-Alejandro; that plaintiffs' Motion for a Preliminary Injunction, which has been consolidated with the merits of the underlying action, is denied; that Judgment is entered in favor of defendant Lawrence K. Marks; that the case is dismissed as to the remaining defendants, Adrian H. Anderson, James Dzurenda, Joseph Fucito, Margaret Garnett, and Caroline Tang-Alejandro, for failure to state a claim; and that this case is closed. Ordered by Clerk of Court on 6/14/2021. (Toritto, Jim)
June 11, 2021 Opinion or Order Filing 74 MEMORANDUM & ORDER denying #7 Motion for Order to Show Cause - Based on the foregoing, it is hereby Ordered that: Plaintiff's Motion for a Preliminary Injunction, which has been consolidated with the merits of the underlying action, is denied. Judgment shall be entered in favor of defendant Marks; and The case is hereby dismissed as to the remaining defendants for failure to state a claim. The Clerk is directed to enter judgment as above and close the case. SO Ordered by Judge Gary R. Brown on 6/11/2021. (Tirado, Chelsea)
June 8, 2021 Opinion or Order Filing 73 Letter to Judge Gary R. Brown from Randy M. Mastro re: response to Defendant Marks's 6/8/2021 letter by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Exhibit 1- AG Letter in Diocese Case) (Mastro, Randy)
June 8, 2021 Opinion or Order Filing 72 Letter regarding the admission of certain declarations into evidence by Lawrence K. Marks (Connolly, Susan)
June 7, 2021 Opinion or Order Filing 71 Letter to Judge Gary R. Brown from Randy M. Mastro re Plaintiffs' response to the Court on trial consolidation by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
June 7, 2021 Opinion or Order Filing 70 Letter regarding the Court's Order of June 4 by Lawrence K. Marks (Connolly, Susan)
June 4, 2021 Opinion or Order ORDER Re: Consolidation with MeritsIn connection with the Court's review, it seems, preliminarily, that the preliminary injunction evidence received and argument heard by the Court could well resolve the case in its entirety, that a fuller record may not be required and that discovery would not likely advance the dispute in any meaningful way. Furthermore, given the importance of the issues at hand, as well as the time-sensitive nature of the dispute, it may be in the parties' interest to provide finality and/or prepare the matter for appellate review as quickly as possible. Based on these observations, counsel for plaintiffs and for defendant Marks will file a letter by close of business, Monday June 7, 2021, indicating whether they consent to consolidation of the preliminary injunction hearing with the trial of the merits herein, or if they object, the basis for such objection. If counsel believes that discovery is required or that the factual record needs expansion in some way, they should identify with specificity the factual matters that require exploration or supplementation. Ordered by Judge Gary R. Brown on 6/4/2021. (Brown, Gary)
June 3, 2021 Opinion or Order Filing 69 Letter to Judge Gary R. Brown from Randy M. Mastro responding to the Letter of June 3, 2021 submitted by Defendant Marks by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Exhibit 1 - Transcript) (Mastro, Randy)
June 3, 2021 Opinion or Order Filing 68 Letter to Judge Gary R. Brown from Randy M. Mastro re petition requested by the Court by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Exhibit 31 - Petition) (Mastro, Randy)
June 3, 2021 Opinion or Order Filing 67 Letter regarding D.C. Circuit decision by Lawrence K. Marks (Attachments: #1 Exhibit DC Circuit decision) (Connolly, Susan)
June 2, 2021 Opinion or Order Filing 66 Letter followup to hearing by Lawrence K. Marks (Connolly, Susan)
June 1, 2021 Opinion or Order Filing 65 Minute Entry for proceedings held before Judge Gary R. Brown: Civil Cause for Evidentiary Hearing. Counsel for Plaintiffs: Akiva Shapiro, Jessica C. Benvenisty, Lauren Kobrick Myers, Randy M. Mastro (for plaintiffs Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Mudan Shi, Feng Zhou, Rent Stabilization of NYC Inc.) and Edward J. Josephson, Ellen Beth Davidson (for plaintiff Housing Court Answers and Make the Road New York). Counsel for Defendants: Kimberly Ann Hinirons, Lori L. Pack, Susan M Connelly (for defendant Lawrence K Marks), Kimberly Hunt Lee (for defendant Adrian H. Anderson), Lauren R. Ketzing, Ian Bergstrom I (for defendant James Dzurenda), and Rachel Kane Moston, Yungbi Ann Jang (for defendant Joseph Fucito, Margaret Garnett and Caroline Tang-Alejandro). Case called. Counsel for all sides present. Hearing held by video. Hearing held regarding: Preliminary Injunction. Hearing begins. Witness(es) sworn, testimony heard. Closing arguments heard. Hearing concluded. Case stayed as to defendants Anderson, Dzurenda, Fucito, Garnett and Tang-Alejandro. (Tirado, Chelsea)
May 31, 2021 Opinion or Order Filing 64 Letter to Judge Gary R. Brown from Randy M. Mastro re exhibits for upcoming preliminary injunction hearing by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Exhibit 18 - Evictions, #2 Exhibit 19 - Press Release, #3 Exhibit 20 - Press Release, #4 Exhibit 21 - Press Release, #5 Exhibit 22 - Press Release, #6 Exhibit 23 - Press Release, #7 Exhibit 24 - Press Release, #8 Exhibit 25 - Twitter Posting, #9 Exhibit 26 - News Article, #10 Exhibit 27 - Cohen Declaration, #11 Exhibit 28 - LeCasse Declaration, #12 Exhibit 29 - News Article, #13 Exhibit 30 - NYS Courts Updated Operating Protocols) (Mastro, Randy)
May 31, 2021 Opinion or Order Filing 63 Letter from Plaintiffs' counsel to respond to Defendant Marks letter requesting permission to file a motion to dismiss (Dkt. 59) by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
May 31, 2021 Opinion or Order Filing 62 Letter from Plaintiffs in response to the Sheriffs' and City Defendants' letters requesting permission to file dismissal motions (Dkts. 52, 53, 54) by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
May 30, 2021 Opinion or Order Filing 61 Letter by Randy Mastro dated May 30, 2021, Responding to the Court's Order of May 30, 2021 by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Exhibit 13 - Mudan Complaint, #2 Exhibit 14 - Mudan Judgment, #3 Exhibit 15 - Vekiarellis complaint, #4 Exhibit 16 - Vekiarellis OSC, #5 Exhibit 17 - Vekiarellis judgment) (Mastro, Randy)
May 30, 2021 Opinion or Order ORDER. To assist the Court in its review of the pending emergency motions, counsel for plaintiffs shall supply via ECF on or before 5/31/2021 the following:1. A letter briefly citing any authority for the proposition that the Rent Stabilization Association of NYC has standing to participate as a plaintiff in this action given the Second Circuit's holding in League of Women Voters, 737 F2d 155, 160 (2d Cir. 1984). (n.b. In the event counsel cannot provide such authority, the submission on behalf of the Association will be considered as material provided in an amicus capacity, just as the Court will consider the other amicus briefs provided).2. A copy of the complaint and judgment described in paragraph 6 of the Shi declaration DE 11.3. A copy of the complaint, judgment and order to show cause described in paragraphs 8 and 9 of the Vekiarellis declaration DE 13. 4. Counsel for all parties should be prepared to provide argument at Tuesday's proceeding regarding the effect of the above-referenced proceedings -- which appear to be predicated upon events which predate the pandemic -- on the claims and defenses in this matter. Ordered by Judge Gary R. Brown on 5/30/2021. (Brown, Gary)
May 29, 2021 Opinion or Order Filing 60 Letter by Lawrence K. Marks (Attachments: #1 Exhibit A - Declaration of Plaintiff Betty Cohen, #2 Exhibit B - Declaration of Plaintiff Brandi LaCasse, #3 Exhibit C - Declaration of Plaintiff Brandi LaCasse, #4 Exhibit D - Order to Show Cause filed in Dutchess Supreme Court Docket 21-50834) (Pack, Lori)
May 29, 2021 Opinion or Order Filing 59 MOTION for pre motion conference re #1 Complaint,, by Lawrence K. Marks. (Pack, Lori)
May 29, 2021 Opinion or Order ORDER granting #59 Motion for Pre Motion Conference.A pre-motion video conference is scheduled for June 1, 2021, following the preliminary injunction hearing before Judge Gary R. Brown, at which time the parties should be prepared to address defendant Marks's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 59.The parties are on notice that in appropriate cases, the pre-motion letters and the responses, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiffs are directed to respond to DE 59 in accordance with the undersigned's individual rules prior to the commencement of the preliminary injunction hearing scheduled for June 1, 2021. Ordered by Judge Gary R. Brown on 5/29/2021. c/ecf (Johnston, Linda)
May 28, 2021 Opinion or Order Filing 58 NOTICE of Appearance by Lauren Kobrick Myers on behalf of Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (aty to be noticed) (Myers, Lauren)
May 28, 2021 Opinion or Order Filing 57 Letter to Judge Gary R. Brown from Randy M. Mastro re list of exhibits for the upcoming hearing by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Attachments: #1 Exhibit 1 - Tweet Thread, #2 Exhibit 2 - Report, #3 Exhibit 3 - Tweet Thread, #4 Exhibit 4 - Tweet Thread, #5 Exhibit 5 - Report, #6 Exhibit 6 - Article, #7 Exhibit 7 - Report, #8 Exhibit 8 - FAQ, #9 Exhibit 9 - Report, #10 Exhibit 10 - Administrative Order, #11 Exhibit 11 - Report, #12 Exhibit 12 - Report) (Mastro, Randy)
May 28, 2021 Opinion or Order Filing 56 NOTICE of Appearance by Ellen Beth Davidson on behalf of Make the Road New York (aty to be noticed) (Davidson, Ellen)
May 28, 2021 Opinion or Order Filing 55 NOTICE of Appearance by Ellen Beth Davidson on behalf of HOUSING COURT ANSWERS (aty to be noticed) (Davidson, Ellen)
May 28, 2021 Opinion or Order Filing 54 MOTION for pre motion conference requesting a pre-answer motion to dismiss by Joseph Fucito, Margaret Garnett, Caroline Tang-Alejandro. (Jang, Yungbi)
May 28, 2021 Opinion or Order Filing 53 Letter MOTION for pre motion conference requesting a pre-answer motion to dismiss by James Dzurenda. (Bergstrom, Ian)
May 28, 2021 Opinion or Order ORDER granting #52 Motion for Pre Motion Conference; granting #53 Motion for Pre Motion Conference; granting #54 Motion for Pre Motion Conference: A pre-motion video conference is scheduled for June 1, 2021, following the preliminary injunction hearing before Judge Gary R. Brown, at which time the parties should be prepared to address the respective defendants' anticipated motions pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 52, DE 53 and DE 54. The parties are on notice that in appropriate cases, the pre-motion letters and the responses, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiffs are directed to respond to DE 52, DE 53, and DE 54 in accordance with the undersigned's individual rules prior to the commencement of the preliminary injunction hearing scheduled for June 1, 2021. Ordered by Judge Gary R. Brown on 5/28/2021. (Johnston, Linda)
May 27, 2021 Opinion or Order Filing 52 Letter pre-motion by Adrian H. Anderson (Lee, Kimberly)
May 27, 2021 Opinion or Order Filing 51 Letter to the Honorable Gary R. Brown from Lori L. Pack re: response to Plaintiffs counsel's 5/26/21 letter by Lawrence K. Marks (Pack, Lori)
May 26, 2021 Opinion or Order Filing 50 NOTICE of Appearance by Jessica C. Benvenisty on behalf of Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (aty to be noticed) (Benvenisty, Jessica)
May 26, 2021 Opinion or Order Filing 49 Letter to the Honorable Gary R. Brown from Randy M. Mastro re: response to Defendant Marks' counsel's 5/25/21 letter by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
May 26, 2021 Opinion or Order Filing 48 Letter to the Honorable Gary R. Brown from Akiva Shapiro re: courtesy copies of all motion papers and exhibits by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Shapiro, Akiva)
May 26, 2021 Opinion or Order Filing 47 AFFIDAVIT/DECLARATION in Support re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Attachments: #1 Ex. 1 - Press Release, #2 Ex. 2 - Article, #3 Ex. 3 - Updated Operating Protocols) (Shapiro, Akiva)
May 26, 2021 Opinion or Order Filing 46 REPLY in Support re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 26, 2021 Opinion or Order Filing 45 NOTICE of Appearance by Kimberly Ann Kinirons on behalf of Lawrence K. Marks (aty to be noticed) (Kinirons, Kimberly)
May 26, 2021 Opinion or Order NOTICE: An email has been sent to all attorneys listed on the docket with the video link for the 6/1/2021 at 10:00 a.m. hearing. Public access by phone available: Join by phone 888-363-4734 Access Code 4132441. (McMorrow, Karen) Modified on 5/28/2021 (McMorrow, Karen).
May 25, 2021 Opinion or Order Filing 44 Letter to Judge Gary R. Brown from Randy M. Mastro re response to the Court's order of May 14, 2021 regarding witnesses - CORRECTED by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
May 25, 2021 Opinion or Order Filing 43 Letter to Judge Gary R. Brown from Randy M. Mastro re response to the Court's order of May 14, 2021 by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
May 25, 2021 Opinion or Order Filing 42 Letter Re Evidentiary Hearing by James Dzurenda (Kretzing, Laurel)
May 25, 2021 Opinion or Order Filing 41 Letter regarding preliminary injunction hearing for 6/1/21 by Adrian H. Anderson (Lee, Kimberly)
May 25, 2021 Opinion or Order Filing 40 Letter regarding witnesses and exhibits for hearing on Plaintiffs' request for a preliminary injunction by Lawrence K. Marks (Attachments: #1 Exhibit A Curriculum vitae, Peter Hepburn, Ph.D.,, #2 Exhibit B Curriculum vitae Craig Pollack, M.D., M.H.S., M.Sc., #3 Exhibit C Curriculum vitae, Jessica Yager, Esq., #4 Exhibit D Senate Bill S6362A - Extension to the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, #5 Exhibit E COVID Rental Assistance: New Yorks Renters Need More than Partial Solutions, #6 Exhibit F Eviction Filings During the Pandemic, Evidence from New York City,, #7 Exhibit G Expiring Eviction Moratoriums and COVID-19 Incidence and Mortality) (Pack, Lori)
May 25, 2021 Opinion or Order Filing 39 Letter by Joseph Fucito, Margaret Garnett, Caroline Tang-Alejandro (Moston, Rachel)
May 25, 2021 Opinion or Order ORDER granting #37 Motion for Leave to File Excess Pages. Application granted. In light of this Order, the parties are directed to provide the Court with courtesy copies of all motion papers and exhibits by 5/26/2021. Ordered by Judge Gary R. Brown on 5/25/2021. c/ecf (Johnston, Linda)
May 24, 2021 Opinion or Order Filing 38 CERTIFICATE OF SERVICE by James Dzurenda re #33 Affidavit in Opposition to Motion, Mailing of the Courtesy Copy to Judge Gary R. Brown (Bergstrom, Ian)
May 24, 2021 Opinion or Order Filing 37 Consent MOTION for Leave to File Excess Pages / Oversized Reply Brief by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 22, 2021 Opinion or Order ORDER re #34 Memorandum in Opposition filed by Joseph Fucito, Caroline Tang-Alejandro, Margaret Garnett, #29 Affidavit in Opposition to Motion,,,, filed by Lawrence K. Marks, #32 Notice of Appearance filed by Lawrence K. Marks, #36 Memorandum in Opposition filed by Adrian H. Anderson, #31 Amicus Curiae Appearance filed by HOUSING COURT ANSWERS, Make the Road New York, #30 Memorandum in Opposition filed by Lawrence K. Marks, #33 Affidavit in Opposition to Motion, filed by James Dzurenda, #35 Affidavit in Opposition to Motion filed by Adrian H. AndersonThe parties are directed to provide the Court with courtesy copies of all motion papers and exhibits by 5/25/2021. Ordered by Judge Gary R. Brown on 5/22/2021.c/ecf (Johnston, Linda)
May 21, 2021 Opinion or Order Filing 36 MEMORANDUM in Opposition re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Adrian H. Anderson. (Lee, Kimberly)
May 21, 2021 Opinion or Order Filing 35 AFFIDAVIT/DECLARATION in Opposition re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Adrian H. Anderson. (Attachments: #1 Exhibit A, #2 Exhibit B) (Lee, Kimberly)
May 21, 2021 Opinion or Order Filing 34 MEMORANDUM in Opposition re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Joseph Fucito, Margaret Garnett, Caroline Tang-Alejandro. (Jang, Yungbi)
May 21, 2021 Opinion or Order Filing 33 AFFIDAVIT/DECLARATION in Opposition re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by James Dzurenda. (Attachments: #1 Exhibit A Summons and Complaint, #2 Exhibit B CEEPFA Statute, #3 Memorandum of Law in Opposition) (Kretzing, Laurel)
May 21, 2021 Opinion or Order Filing 32 NOTICE of Appearance by Susan M. Connolly on behalf of Lawrence K. Marks (aty to be noticed) (Connolly, Susan)
May 21, 2021 Opinion or Order Filing 31 Amicus Curiae APPEARANCE entered by Edward J Josephson on behalf of HOUSING COURT ANSWERS, Make the Road New York (Attachments: #1 Memorandum in Support) (Josephson, Edward)
May 21, 2021 Opinion or Order Filing 30 MEMORANDUM in Opposition re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Lawrence K. Marks. (Pack, Lori)
May 21, 2021 Opinion or Order Filing 29 AFFIDAVIT/DECLARATION in Opposition re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Lawrence K. Marks. (Attachments: #1 Exhibit A - Chrysafis et. al. v. James, 21-CV-998, ECF Docket # 16 (Memorandum of Law in opposition to order to show, #2 Exhibit B - Chrysafis et. al. v. James, 21-CV-998, ECF Docket # 17 (Declaration of Helena Lynch with exhibits, #3 Exhibit C -Chrysafis et. al. v. James, 21-CV-998, ECF Docket # 34 (Opinion and Order of Judge Seybert dated April 14, 2021, #4 Exhibit D - Lakeragh, et al. v. State of New York, et al., Index No. 902292-21, (Albany County) (Decision and Order of Judge Lynch dated March 30, 2021)., #5 Exhibit E - Chapter 127 of the Laws of 2020, The Tenant Safe Harbor Act, #6 Exhibit F -Research paper: Leifheit, KM, et al. Expiring Eviction Moratoriums and COVID-19 Incidence and Mortality (2020)., #7 Exhibit G -Research paper: Jowers, Kay et al., Housing Precarity and the COVID-19 Pandemic (2021).) (Pack, Lori)
May 17, 2021 Opinion or Order ORDER denying #27 Motion to Amend/Correct/Supplement. The State's request that this Court amend its Order to direct and limit the hearing to oral argument on the legal issues presented in the motion for a preliminary injunction is hereby DENIED. The Preliminary Injunction Hearing remains scheduled for June 1, 2021 at 10:00 before Judge Gary R. Brown, and at the parties' request, will be conducted by video conference. The parties are reminded that they are to provide the Court with (1) a list of witnesses whose testimony is to be offered at the preliminary injunction hearing and whether such witnesses will testify in person, or by deposition; and (2) a list of the exhibits to be offered into evidence at the hearing, including, where possible, anticipated impeachment and rebuttal exhibits, and objections thereto on or before May 25, 2021. The parties shall provide the Court with courtesy copies of the exhibits as well as all motion papers Ordered by Judge Gary R. Brown on 5/17/2021. c/ecf (Johnston, Linda)
May 17, 2021 Opinion or Order ORDER denying #21 Motion for Leave to File Excess Pages; denying #24 Motion for Leave to File Excess Pages. The applications for leave to file a memorandum of law in excess of twenty pages, DE 21 and DE 24 are hereby DENIED. Moreover, to the extent that defense counsel represents more than one defendant, defense counsel is directed to file a memorandum of law of no more than ONE twenty page brief for all represented clients in this matter. Ordered by Judge Gary R. Brown on 5/17/2021. c/ecf (Johnston, Linda)
May 15, 2021 Opinion or Order Filing 28 RESPONSE to Motion re #27 MOTION to Amend/Correct/Supplement Order on Motion for Preliminary Injunction,,,,, filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 14, 2021 Opinion or Order Filing 27 MOTION to Amend/Correct/Supplement Order on Motion for Preliminary Injunction,,,,, by Lawrence K. Marks. (Pack, Lori)
May 14, 2021 Opinion or Order Filing 26 SUMMONS Returned Executed by Rent Stabilization Association of NYC, Inc., Brandie LaCasse, Betty S. Cohen, Pantelis Chrysafis, Mudan Shi, Feng Zhou. Adrian H. Anderson served on 5/7/2021, answer due 5/28/2021; James Dzurenda served on 5/7/2021, answer due 5/28/2021; Joseph Fucito served on 5/10/2021, answer due 5/31/2021; Margaret Garnett served on 5/10/2021, answer due 5/31/2021; Lawrence K. Marks served on 5/10/2021, answer due 5/31/2021; Caroline Tang-Alejandro served on 5/10/2021, answer due 5/31/2021. (Shapiro, Akiva)
May 14, 2021 Opinion or Order Filing 25 Letter in opposition to plaintiffs' request for omnibus brief by Joseph Fucito, Margaret Garnett, Caroline Tang-Alejandro (Moston, Rachel)
May 14, 2021 Opinion or Order Filing 24 First MOTION for Leave to File Excess Pages and in opposition to omnibus briefing by James Dzurenda. (Kretzing, Laurel)
May 14, 2021 Opinion or Order Filing 23 NOTICE of Appearance by Kimberly Hunt Lee on behalf of Adrian H. Anderson (aty to be noticed) (Lee, Kimberly)
May 14, 2021 Opinion or Order Filing 22 RESPONSE to Motion re #21 Letter MOTION for Leave to File Excess Pages filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 14, 2021 Opinion or Order ORDER granting #20 Motion for Preliminary Injunction Hearing. A Preliminary Injunction Hearing is scheduled on June 1, 2021 at 10:00 before Judge Gary R. Brown, and at the parties' request, will be conducted by video conference. The Court will use the us-courts-webex video-conference platform UNLESS the parties wish to arrange and set up a different platform such as the Zoom video-conference platform. The public may listen to proceedings by dialing 888-363-4734 using Access code 4132441. All callers must mute their headsets. Please note Local Civil Rule 1.8(b) prohibits making an audio or video recording of any proceeding or any communication with the Court, an employee of the Court or any person acting at the direction of the Court.The parties are directed to provide the Court with (1) a list of witnesses whose testimony is to be offered at the preliminary injunction hearing and whether such witnesses will testify in person, or by deposition; and (2) a list of the exhibits to be offered into evidence at the hearing, including, where possible, anticipated impeachment and rebuttal exhibits, and objections thereto on or before May 25, 2021. The parties shall provide the Court with courtesy copies of the exhibits as well as all motion papersThe parties' proposed briefing schedule is hereby So Ordered. Ordered by Judge Gary R. Brown on 5/14/2021. (Johnston, Linda)
May 13, 2021 Opinion or Order Filing 21 Letter MOTION for Leave to File Excess Pages by Lawrence K. Marks. (Pack, Lori)
May 13, 2021 Opinion or Order Filing 20 Letter MOTION for Preliminary Injunction / Briefing Dates and Request for video conference by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 13, 2021 Opinion or Order Filing 19 NOTICE of Appearance by Yungbi Ann Jang on behalf of Joseph Fucito, Margaret Garnett, Caroline Tang-Alejandro (aty to be noticed) (Jang, Yungbi)
May 13, 2021 Opinion or Order Filing 18 NOTICE of Appearance by Rachel Kane Moston on behalf of Joseph Fucito, Margaret Garnett, Caroline Tang-Alejandro (aty to be noticed) (Moston, Rachel)
May 12, 2021 Opinion or Order Filing 17 NOTICE of Appearance by Ian Bergstrom, I on behalf of James Dzurenda (aty to be noticed) (Bergstrom, Ian)
May 11, 2021 Opinion or Order Filing 16 NOTICE of Appearance by Laurel R. Kretzing on behalf of James Dzurenda (aty to be noticed) (Kretzing, Laurel)
May 9, 2021 Opinion or Order Filing 15 NOTICE of Appearance by Lori L. Pack on behalf of Lawrence K. Marks (aty to be noticed) (Pack, Lori)
May 8, 2021 Opinion or Order ORDER re #11 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #10 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #13 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #12 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #9 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #8 Memorandum in Support, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #14 Affidavit in Support of Motion,,, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis As per the undersigned's individual rules, the moval is directed to mail to the Court one hard copy of all motion papers marked as "Courtesy Copy." See Rule 11.c.Ordered by Judge Gary R. Brown on 5/8/2021. c/ecf (Johnston, Linda)
May 8, 2021 Opinion or Order ORDER re #11 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #10 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #13 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #12 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #9 Affidavit in Support of Motion, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #8 Memorandum in Support, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis, #14 Affidavit in Support of Motion,,, filed by Betty S. Cohen, Mudan Shi, Brandie LaCasse, Feng Zhou, Rent Stabilization Association of NYC, Inc., Pantelis Chrysafis Plaintiffs have filed a motion for Order to Show Cause for Preliminary Injunction, DE 7. Plaintiffs' counsel is directed to confer with defense counsel and submit a joint briefing schedule as well as three proposed dates for a Preliminary Injunction proceeding by close of business on May 14, 2021. Plaintiffs' counsel is directed to serve a copy of this order and DE 7-14, along with the complaint by fax or other electronic means. Ordered by Judge Gary R. Brown on 5/8/2021.c/ecf (Johnston, Linda)
May 7, 2021 Opinion or Order Filing 14 AFFIDAVIT/DECLARATION in Support re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Attachments: #1 Exhibit 1 - New York States COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, #2 Exhibit 2 - Extension to New York State's COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, #3 Exhibit 3 - News Article, #4 Exhibit 4 - Executive Order, #5 Exhibit 5 - Executive Order, #6 Exhibit 6 - Legistlative Act, #7 Exhibit 7 - Hardship Declaration, #8 Exhibit 8 - Evictions List, #9 Exhibit 9 - Transcript, #10 Exhibit 10 - News Article) (Shapiro, Akiva)
May 7, 2021 Opinion or Order Filing 13 AFFIDAVIT/DECLARATION in Support re #7 MOTION for Order to Show Cause for Preliminary Injunction / Declaration of Peter Vekiarellis in Support of the Order to Show Cause filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 7, 2021 Opinion or Order Filing 12 AFFIDAVIT/DECLARATION in Support re #7 MOTION for Order to Show Cause for Preliminary Injunction / Declaration of Joseph Strasburg in Support of the Order to Show Cause filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 7, 2021 Opinion or Order Filing 11 AFFIDAVIT/DECLARATION in Support re #7 MOTION for Order to Show Cause for Preliminary Injunction / Declaration of Mudan Shi in Support of the Order to Show Cause filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 7, 2021 Opinion or Order Filing 10 AFFIDAVIT/DECLARATION in Support re #7 MOTION for Order to Show Cause for Preliminary Injunction / Declaration of Brandie LaCasse in Support of the Order Show Cause filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 7, 2021 Opinion or Order Filing 9 AFFIDAVIT/DECLARATION in Support re #7 MOTION for Order to Show Cause for Preliminary Injunction / Declaration of Betty S. Cohen in Support of Order to Show Cause filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 7, 2021 Opinion or Order Filing 8 MEMORANDUM in Support re #7 MOTION for Order to Show Cause for Preliminary Injunction filed by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 7, 2021 Opinion or Order Filing 7 MOTION for Order to Show Cause for Preliminary Injunction by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou. (Mastro, Randy)
May 7, 2021 Opinion or Order Filing 6 Summons Issued as to All Defendants. (Rodin, Deanna)
May 7, 2021 Opinion or Order Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna)
May 7, 2021 Opinion or Order Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
May 7, 2021 Opinion or Order Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna)
May 6, 2021 Opinion or Order Filing 3 Civil Cover Sheet.. Re #1 Complaint,, by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
May 6, 2021 Opinion or Order Filing 2 Proposed Summons. Re #1 Complaint,, by Pantelis Chrysafis, Betty S. Cohen, Brandie LaCasse, Rent Stabilization Association of NYC, Inc., Mudan Shi, Feng Zhou (Mastro, Randy)
May 6, 2021 Opinion or Order Filing 1 COMPLAINT against Adrian H. Anderson, James Dzurenda, Joseph Fucito, Margaret Garnett, Lawrence K. Marks, Caroline Tang-Alejandro filing fee $ 402, receipt number ANYEDC-14443494 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Rent Stabilization Association of NYC, Inc., Brandie LaCasse, Betty S. Cohen, Pantelis Chrysafis, Mudan Shi, Feng Zhou. (Attachments: #1 Exhibit A - New York States COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, #2 Exhibit B - Extension to New York State's COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, #3 Exhibit C - Hardship Declaration) (Mastro, Randy)

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Search for this case: Chrysafis et al v. Marks et al
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Defendant: Caroline Tang-Alejandro
Represented By: Rachel Kane Moston
Represented By: Yungbi Ann Jang
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Defendant: Joseph Fucito
Represented By: Rachel Kane Moston
Represented By: Yungbi Ann Jang
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Defendant: Lawrence K. Marks
Represented By: Kimberly Ann Kinirons
Represented By: Lori L. Pack
Represented By: Susan M. Connolly
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Defendant: Adrian H. Anderson
Represented By: Kimberly Hunt Lee
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Defendant: James Dzurenda
Represented By: Laurel R. Kretzing
Represented By: Ian Bergstrom, I
Represented By: Ian Bergstrom
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Defendant: Margaret Garnett
Represented By: Rachel Kane Moston
Represented By: Yungbi Ann Jang
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Plaintiff: Betty S. Cohen
Represented By: Randy M. Mastro
Represented By: Akiva Shapiro
Represented By: Jessica C. Benvenisty
Represented By: Lauren Kobrick Myers
Represented By: William John Moccia
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Plaintiff: Feng Zhou
Represented By: Randy M. Mastro
Represented By: Akiva Shapiro
Represented By: Jessica C. Benvenisty
Represented By: Lauren Kobrick Myers
Represented By: William John Moccia
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Plaintiff: Rent Stabilization Association of NYC, Inc.
Represented By: Randy M. Mastro
Represented By: Akiva Shapiro
Represented By: Jessica C. Benvenisty
Represented By: Lauren Kobrick Myers
Represented By: William John Moccia
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Plaintiff: Pantelis Chrysafis
Represented By: Randy M. Mastro
Represented By: Akiva Shapiro
Represented By: Jessica C. Benvenisty
Represented By: Lauren Kobrick Myers
Represented By: William John Moccia
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Plaintiff: Mudan Shi
Represented By: Randy M. Mastro
Represented By: Akiva Shapiro
Represented By: Jessica C. Benvenisty
Represented By: Lauren Kobrick Myers
Represented By: William John Moccia
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Plaintiff: Brandie LaCasse
Represented By: Randy M. Mastro
Represented By: Akiva Shapiro
Represented By: Jessica C. Benvenisty
Represented By: Lauren Kobrick Myers
Represented By: William John Moccia
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Plaintiff: HOUSING COURT ANSWERS
Represented By: Edward J Josephson
Represented By: Ellen Beth Davidson
Represented By: Roland Nimis
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Plaintiff: Make the Road New York
Represented By: Edward J Josephson
Represented By: Ellen Beth Davidson
Represented By: Roland Nimis
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