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HomeMy WebLinkAboutNotice of Violation No. 1810 2016-10-6 13R�� W BUILDING DEPARTMENT D Buu DING INSPECTOR VILLAGE OF RYE BROOK D VILLAGE ENGINEER 938 KING STREET RYE BROOK,NY 10573 D ASSISTANT BUILDING INSPECTOR (914) 939-0668 FAx(914) 939-5801 - - - - - - - - - - - -- -- - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - - ADDRESS: A �1 DATE: �► 1 U PERMIT# ISSUED: SECT: BLOOL- ' LOT: 7 LOCATION: �' 1 ��rC O OCCUPANCY: ' 4, a VIOLATION NOTED THE woRK Is... X ACCEPTED ❑ REJECTED/REINSPECTION SITE IIasPECTtoIa REQUIRED ❑ FOOTING �"��.�A `"� I �. O FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: 0 ROUGH PLUMBING \ 1 ❑ ROUGH FRAMING ❑ INSULATION ❑ NATURAL GAS 1 l u r,.la t f S 5 Q-0 \ s--,1 ❑ L.P. GAS 3 ❑ FUEL TANK Y I O V I o rki, (A �(z � eza f qz ❑ FIRE SPR yj.ER ❑ FINAL PLuhmtNG ❑ FINAL ❑ OTNER BR fi � 2m -c >j �O 19V BUILDING DEPARTMENT ❑BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑ Va AGE ENGINEER 93 8 KING STREET RYE BROOK,NY 10573 ❑AsSIsTANT BUMDING INSPECTOR (914) 939-0668 FAx(914) 939-5801 - - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - --- - --- - - - - - - ADDRESS: r I ( S DATE: '�Z 11 PERMIT# ISSUED: + Sla.C:I': BLOCK: LOT. LOCATION: �- i on 1`- T� � f � � � OCCUPANCY: �1 ti ❑ VIOLATION NOTED THE WORK Is... ACCEPTED © REJECTED/REINSPECTION SITE INSPECTION /// REQUIRED ❑ FOOTING Cl FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING � �'P ma ❑ ROUGH FRAMING � ' y ,� a l ❑ INSULATION ❑ NATURAL GAS y ►� Eat eGl n ❑ L.P. GAS ' ❑ Fuel.TANK FIRE SPRINKLER ❑ FINAL PLUMBING �+' r ,, 1i�yV�1 1y ❑ FINAL o ❑ OTHER c W V _ .A, Rc��k � Zm 19a2 BUILDING DEPARTMENT ❑BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑ VILLAGE ENG94EER 938 KING STREET RYE BROOK,NY 10573 ASSISTANT BUILDING INSPECTOR (914) 939-0668 FAx(914) 939-5801 s - - - - - - - - - - - - - - ---- - - - INSPECTION REPORT - - - - - - - - - - ----- -- - --- ADDRESS: kA) `� (. DATE: PERMIT# �`'� ISSUED: 'SECT: BLOCK: LOT: LOCATION: -7� —(-, 1 a IWSt �►� CSC OCCUPANCY:011 Z ❑ VIOLATION NOTED THE WORK IS... CCE ED REJECTED/REINSPEC"TION ❑ STIE INSPECTION / REQUIRED ❑ FOo'nNG , ❑ FOOTING DRAINAGE FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ROUGH PLUMBING jui ❑ ROUGH FRAMING ❑ NAULA L G 1 S ❑ NA r cxx 1 �N 'c ti (SOS ,s--i G d TURAL GAS ❑ L.P.GAs❑ FUEL TANK t o( �_s ❑ FIRE SPRINKLER 1�1 ❑ FINAL PLUMBING `1 S &k r Q—O fyQCri FINAL OTHER CIrQ.r U.C E'GAS LQ1 b�1 'c (� . i4+� sszs*�en r �^ 1 S - April 27, 2017 AKIN �!. LIEBMAN Associate aheb'VIA EMAIL SUNNYBLUE0701 ROCKETMAIL.CO Also Admitted in NJ, Also Admitted in N�,MD AND FIRST-CLASS MAIL Rena Avitabile 32 Quaker Lane South West Hartford, CT 06119 Re: 33 Hillcrest Ave. Dear Ms. Avitabile: As you know, this office represents the Village of Rye Brook (the "Village"). Per our conversation on April 26, 2017, I am writing to advise you what steps need to be taken to bring the above referenced property in compliance with the Village Code. • The wall and door separating the first floor must be removed. All moldings and/or finished framing features must be applied to re-establish a smooth wall opening. • Any and all current or future occupants of the residence must live together in a familial way. The property cannot be occupied as a rooming-house in that individual rooms cannot be rented out to separate occupants. • Any and all keyed locks and/or padlocks must be removed from bedroom doors. • The living room area must remain open and accessible to all occupants. • Smoke and carbon monoxide detectors must be re-installed where missing or in disrepair. • There must be one smoke detector in every bedroom and one smoke detector outside of every bedroom or bedroom cluster. First and second floors. • There must be two carbon monoxide detector on the first floor one in the front hallway, and one in the rear. HeaderName April 27, 2017 Page 2 • There must be two carbon monoxide detectors in the second floor one in the front hallway, and one in the rear. The basement must also have a smoke and carbon monoxide detector. • Any and all loose and/or peeling paint chips must be cleaned and a proper covering of paint must be re-applied. • Any and all holes in the wall must be repaired. * Any appearances of mold or unsanitary conditions must be eliminated. • The Building Department must inspect the entire premises (all three levels) to ensure that the violations are cured and that no other violations exist. • You must call to schedule an inspection of the entire premises to demonstrate that the rooming house use and other violations have been cured. Please contact Mr. Steve Fews, Assistant Building Inspector, at (914) 939-0668 if you have any questions with respect to above list. You are scheduled to appear for a status conference on May 24, 2017 at 9:00am. Please contact Mr. Fews by May 19, 2017 to discuss the condition of the property. Very truly yours, Arin M. Liebman AML/ cc: Steve Fews (via e-mail) Anne Capeci (via fax) �cr C BRot O y to � BUILDING DEPARTMENT 11 BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑ VILLAGE ENGINEER 938 KING STREET RYE BROOK,NY 10573 ❑ASSISTANT BUILDING INSPECTOR (914)939-0668 FAX(914) 939-5801 - - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - -- --- - - - - - - ADDRESS: � (' , DATE: PERMIT# ISSUED: E SECT: BLOCK: LOT: LOCATION: L1 C ( ? 0-1?( ' �— OCCUPANCY: VIOLATION NOTED THE WORK IS... 0 ACCEPTED 0 REJECTED/REINSPECTION ❑ SITE INSPECTION REQUIRED ❑ FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING ROUGH FRAMING ❑ INSULATION ❑ NATURAL GAS �_��' CI L.P. GAS ❑ FUEL TANK FIRE SPRINKLER El FINAL PLUMBING ❑ FINAL ❑ OTHER may ,DR(7�k 4 y �. 19(32 BUILDING DEPARTMENT ©Bun.Dnvo INSPEcmR VILLAGE OF RYE BROOK o VaLAOE ENGINEM 93 8 KING STREET RYE BROOK,NY 10573 ,,j�Wsslsr w BunDiNG INSPECTOR (914)939-0668 FAx(914) 939-5801 - - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT -- -- -- _ _ _ _ _ _ _- - --- - -- ADDRESS. _.� 1i DATE: ` 1 PERMIT# ISSUED: SECT: BLOCK: LOT: LocATIoN: '1_ '�'u�.�� GV� T ` OCCUPANCY: VIOLATION NOTED THE WORK IS... ❑ ACCEPTED R"ECTED/REINSPECTION SITE INSPECTION ✓ REQUIRED D FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION 0 UNDERGROUND PLUMBING NOTES ON INSPECTION; ❑ ROUGH PLUMBING D ROUGH FRAMING �l W �[ ►L ❑ INSULATION D NATURAL GAs L L. ❑ L.P.GAS FUEL TANK ❑ Fm SpRNKL ❑ FINAL P1.0 BING ❑ FINAL ❑ OTHER �anZ(_ 0--0-A ram") 1 tj (Z.)co � y W � t7 1932 BUILDING DEPARTMENT ❑BUR DING INSPECrm VILLAGE OF RYE BROOK ❑ VHJ AGE EN GMEER 938 KING STREET RYE BROOK,NY 10573 ,UAssurAw Bunim (i INspwmR (914) 939-0668 Fax(914) 939-5801 - - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - - i ADDRESS: - DATE: PERMIT# ISSUED: SECT: BLACK: LOT: LOCATION: OCCUPANCY: L` � 11.VIOLATION NOTED THE WORK IS... 0 ACCEPTED REJECTED/REINSPECTION 0— SITE INSPECTION REQUIRED ❑ FOOTING � ❑ FOOTING DRAINAGE l� 0 FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPEMON- 11 ROUGH PLUMBING C ❑ ROUGH FRAMING { , ❑ INSULATION ` � ❑ NATURAL GAS ,U) ) L.P.Gas ❑ FuEL TANK ❑ FIRE SPRnam ❑ Fw,&.L PLUMBING ❑ FINIAL ❑ OAR �yE BR �r JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER -----------------------------------------------------------------------X PEOPLE OF THE STATE OF NEW YOM -against- No. E.0138 Rena Avitabile and/or Claire Fine -----------------------------------------------------------------------x Be it known that I, Steven E. Fews, the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook, NY, do hereby accuse the defendant(s) named above, residing at 32 Quaker Lane South, West Hartford CT 06119, who are the record owners of the property at which the following offenses were committed, at, 33 Hillcrest Ave in the Village of Rye Brook, NY, on or about the 20th day of December,2016, at or about 6:00 pm. A copy of the a deed, dated January 3, 2016, evidencing that Rena S. Avitabile and Claire Fine are the record owners of the property located at 33 Hillcrest Ave in the Village of Rye Brook, NY is attached hereto as Exhibit"A". COUNT ONE: Code of the Village of Rye Brook §192-1. Rooming, Lodging and Boarding Houses Prohibited. COUNT TWO: Code of the Village of Rye Brook§91-2.A. Building Permit Required. COUNT THREE: Code of the Village of Rye Brook§250-10.A. Certificate of Occupancy Required. COUNT FOUR: Code of the Village of Rye Brook§250-10.A. Certificate of Occupancy Required. FACTS APPLICABLE TO ALL COUNTS On or about October 6, 2016, I received a phone call from an individual named Joshua Evans who claimed to be a tenant at the two-family dwelling located at 33 Hillcrest Ave in the Village of Rye Brook (the "two- family dwelling'. A Tax Parcel Map demonstrating that 33 Hillcrest Ave is located in a two-family zone is attached hereto as Exhibit "B." Mr. Evans indicated that the two-family dwelling was being operated as a rooming house in that individual rooms were being rented out to separate occupants. Based on this information, I went to the property and spoke with Mr. Evans and an individual named David who also claimed to be a tenant. I personally observed that three (3) of the four (4) first floor bedrooms had their own key entry door locks. I also observed that a fourth bedroom was being separately secured by way of a locking latch and padlock. I further observed that construction had been performed to build a partition wall and door which created a separate living area with a separate a bedroom, bathroom and living room. Pictures of my personal observations on October 6, 2016 are attached hereto Exhibit "C." Village of Rye Brook Code §192-1, prohibits a property owner from operating a rooming house in a two-family dwelling. Upon information and belief, the two-family dwelling is being operated as an illegal rooming house. Village of Rye Brook Code § 250-10.A. requires a certificate of occupancy in conjunction with the operation of a rooming house. I reviewed the Village of Rye Brook Building Department records and no certificate of occupancy or license to operate a rooming house has been issued in conjunction with the two-family dwelling. Additionally, Village of Rye Brook Code § 91-2.A requires a building permit in conjunction with the construction of the partition wall/door. Village of Rye Brook Code § 250-10.A. requires a certificate of occupancy in conjunction with the construction of the partition wall/door. I reviewed the Village of Rye Brook Building Department records and no building permit or certificate of occupancy has been issued in conjunction with the construction of the partition wall/door. v 4- On or about December 20, 2016, I received another call from Mr. Evans requesting that I inspect alleged mold and/or unsanitary conditions at the two-family dwelling. He also indicated that the two-family dwelling was still being operated as an illegal rooming house in that individual rooms were being rented out to separate occupants. Based on this information, I went to the property and personally observed that the partition wall and door were still there and that the individual locks on the bedrooms were still in place. Pictures of my personal observations on December 20, 2016 are attached hereto as Exhibit "D." Village of Rye Brook Code §192-1 prohibits a property owner from operating a rooming house in a two-family dwelling. Upon information and belief, the two-family dwelling is being operated as an illegal rooming house. Village of Rye Brook Code § 250-10.A also requires a certificate of occupancy in conjunction with the operation of a rooming house. I reviewed the Village of Rye Brook Building Department records and no certificate of occupancy or license to operate a rooming house has been issued in conjunction with the two-family dwelling. Additionally, the Village of Rye Brook Code § 91-2.A requires a building permit in conjunction with the construction of the partition wall/door. Village of Rye Brook Code § 250-10.A requires a certificate of occupancy in conjunction with the construction of the partition wall. I reviewed the Village of Rye Brook Building Department records and no building permit or certificate of occupancy has been issued in conjunction with the construction of the partition wall/door All the above is contrary to the provisions of the statutes in such case made and provided. The above allegations of fact are made by the complainant herein on direct knowledge (and upon information and belief}, the source of which being site inspections on or about 10/06/2016 and 12/20/2016. Any false statements made herein are punishable as a Class "A" Misdemeanor pursuant to §210.25 of the NY Penal Law. Dated Code Enforcement Officer APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye,350 North Main Street, Port Chester,New York 10573, (914)-939-3305, at 9:00arn on the 12th day of April 2017,in connection with your alleged commission of the above described offense. NOTE: UPON FAILURE TO APPEAR,, A WARRANT MAY BE ISSUED FOR YOUR ARREST Dated Code Enforcement Officer 1313/08/587494v3 3122117 -2- STATE OF NEW YORK,JUSTICE COURT,WESTCHESTER COUNTY People of The State of New York Index No: E0138 Plaintiffs), v AFFIDAVIT OF SERVICE Rena Avitabile and/or Claire Fine, Court Date: 04/26/2017 at 9:00 AM Defendant(s), STATE OF CONNECTICUT ss: East Hartford HARTFORD COUNTY Christine Foran,the undersigned,being duly sworn,deposes and says that I was at the time of service over the age of eighteen and not a party to this action. 1 reside in the State of Connecticut. On 04/01/2017 at 8:45 AM,I served the within Appearance Ticket for Penal Code Violation with Colored Exhibits on Rena Avitabile at 32 Quaker Lane South,West Hartford,CT 06119 in the manner indicated below: By Posting a true copy of the documents to the door. On 04/03/2017,deponent completed service by depositing a true copy of each document to the above address in a 1't Class postpaid envelope not indicating that the mailing was from an attorney or concerned legal action and marked"Personal and Confidential" in an official depository under the exclusive care and custody of the United States Post Office. Comments: 03/29/2017 @ 7:00 P.M.,this location is a two family home.There was no answer at the door.There are dogs inside.There is a vehicle in the driveway, NY plates, DOINFEIN. I left a generic delivery note on the door.There was no answer at the neighbor's door. 03/30/2017 @ 7:20 A.M.,there is a vehicle in the driveway.There was no answer at the door. 0313MO17 @ 1:20 P.M.,there was no answer at the door.I spoke with the next door neighbor who did not want to answer any of my questions. 04/01/2017 @ 9:45 A.M.,there was no answer at the door.The same vehicle with NY tags are in the driveway.The dogs are inside.The documents were left ast a usual place of bode. X Sworn to and subscribed before me on Foran April 4,2017 Michael Filardi Marshal's Office By an afiUant who is personally known to 244 Westchester Ave,#410 Me or produced identification. White Plains,NY 10604 Ph: 914-437-7413 (Reference#182435) NOTARY PUBLIC My Commission Expires: 03/31/2018 AMY 1 CHAHTRY NOTARY PUBLIC Mr coMrMisslON EXPIRES -- .. ._ .. i I� ��: �51 i�:� �,' s. +�: i11K�� 6 3 p �� 3 � S� � 5 Y �i�` i i �. t �°�� ,.. � _ �`v i � � # �li�� � p r�;o- 4 ,�.' 5 1 ry k .y.,l �� �.� 3 �+ �'�I .'N ��� __ brt � h�. '�it�'rta.`. ' ,,� ��k i ��- I, e� � c ,. 'mac '�.� �Y� � � k��i�� �� r _ ru � �,, 4 -. • x y � �. k t Gy; � +�r yp�a.-. i � :'-'�'�e - �'r k= t 3 '. I� ,i. �4 D `r �� war...,.. ... f 1 1 ' 1� 1 e v r J. LJIAIL t1V Wt=,ti APPLICA110Nr Page 1 of 1 *** REGISTRATION RECORD EXPANSION *** TODAY'S DATE IS 04/04/17 PLATE: DOINFEIN TYPE: SPEC PASS REGISTRANT INFORMATION: VIN#: 1GYEK63N55R227014 AVITABILE,RENA,S DOB: 09/22/66 05 CADIL BLACK SUBN WEIGHT:005210 SEX: F FUEL: GAS CYL: 08 32 S QUAKER LN COUNTY: WEST EXPIRES: 10/22/18 VALID: 09/27/16 WEST HARTFORD CT ZIP: 06119 INS: MI#: A22362 51598 666122-66 BALANCE: MENU ABSTRACT file:///C:/Users/sfews/AppData/Local/Microsoft/Windows/Temporary%20Intemet%20Files/... 4/4/2017 DR �. WCC�Cf+ of-V JUSTICE COURT OF THE TOWN OF RYE � y STATE OF NEW YORK: COUNTY OF WESTCHESTER ----------------------------------------------------------------------------- x >l�' '9b2 PEOPLE OF THE STATE OF NEW YORK, -against- No. 1114 1 Defendant. --------------------------------------------------------------------------- x Be it known that 1, �� ' ,the complainant herein and duly authorized Code-Enforcenient Officer of the V' lage of R e ook,do hereby accuse the defendant(s)named above,resid�ng at t ��(t (--Jk V!\ ,who is the, +*'t`r. c t' 3 of the property at which the following offences were committ�e�1atp, V\ I .R ,in the Village of Rye Brook,State of New York,on the, 4�day of, ti'i 20 ,at or about K 3 0 ;o'clock. COUNTONE: ,\ e C - 0 ` - c t� 1C'- CC70 1 TO WIT: COUNT TWO: ^ I `-40�� C i C rj ��� --6) , TO WIT: :1`ti �'' C' �$(-\ ( ► �� ( 42t ch COUNT THREE TO WIT: All of the above is contrary to the provisions of the statute in such case made and provided.The above allegations of fact are made by the compl a t he ein on direct knowledge (and upon information and belief),the sources of which being an inspection(s) on t lo` \� and Any false statements made herein are punishable as a Class"A"Misdemeanor to 210 24,;,of the 1RY Penal Law. AN � Dated Code EfiforEment 0 t� cep- APPEARANCE TICKET You are hereby directed to appear before the Rye Town a Court,350 North Mai Street,Port Chester,New %York 10573 (Phone#914�-939-3305)at 9a.m.on the day of E�- C� , 20�s, in connection with your alleged commission of the abo described offense. NOTE: UPON FAILURE TO APPEAR A WARRANT MAY BE ISWED FOR YOURARREST AA�,1/, � Dated Code Enforce ent Officer BRnuk CERTIFIED MAIL BUILDING DEPARTMENT HAND DELIVERED VILLAGE OF RYE BROOK 938 KING STREET RYE BROOK,NY 10573 (914) 939-0668 FAX (914) 939-5801 NOTICE OF VIOLATION AND ORDER TO REMEDY SAME OWNER: ._ 1,� i r:__�. 18�Q t - VIOLATION# k i - Q t : G NOTICE.# -i- }1 SECTION: BLOCK: l LOT: THE FOLLOWING VIOLATIONS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND/OR,THE CITE OF THE VILL4GE OF RYE BROOK WERE FOUND TO EXIST AT..... 1 LOCATED IN AN ZONE, IN THE COUNTY OF WESTCHESTER,VILLAGE OF RYE BROOK,NY ON, 1 i ; I(? 20 CODE SECTION TITLE/DESCRIPTION �-------------- � \-'------ ���� r,_�_� . ---- '- -----SLY-�- - .---_-- -4.:-����3��i...*r L��`_J^_ �""� ..._ ' ----+ L'ti— --"-- ---------------- —_ ------ ----- -------------------------------------------------------ny— --------------------------------------h------ ,---------_- NOTES: Ca air You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above captioned violation(s) immediately. Violations of the NYSUFP&BC must be remedied by, ,20 ,which is thirty(30) days after the date of this notice and are returnable at the rate of$1,000,00/day for each day of continued violation, or imprisonment not exceeding one year, or both. A re-inspection of the premises is required by law to confirm compliance with this notice &all applicable codes. l-AILURE TO C:O`IPLN WITH THIS NOTICE IS A CRIME PUNISHABLE B INE, I\I I2ISON'1 'ENT OR BOTH. IRBUILDING INSPECTOR ASSISTANT BUILDING INSPECTOR L1 VILLAGE ENGINEER DR CERTIFIED MAIL i BUILDINC, DEPARTMENT HAND DELIVERED VILLAGE OF RYE BROOK 1982 938 KING STREET RYE BROOK,NY 10573 (914) 939-0668 FAX (914) 939-5801 NOTICE OF VIOLATION AND ORDER TO REMEDY SAME OWNER: _l'�P N(N �Irx ,�-� 1 +, f 4 VIOLATION# 1809 `n f(3 �p 1 NOTICE:# AP `` (IN P rB r) - t� } SECTION: f � r1C� (`� '�//n 1� BLOCK: k LOT: THE FOLLOWING VIOLATIONS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND 1 OR THE CODE OF THE VILLAGE OF RYE BROOK WERE FOUND TO EXIST AT_. k � teq-\ n , LOCATED IN AN !2:h�ZONE, 1N THE COUNTY OF WESTCHESTER, VILLAGE OF RYE BROOK,NY ON, %-n k k E 20 1(- 00411 ©cam o c ON->aUA V Z[z —CODE E TITLE/DESCRIPTION L)a n 4 rr \_"- eS JOE- ------ ---------- ------ -------- ; ----------- ---- ------------ _ --__�— _ ,n c4 _f _ ............................... '� s ue ems, sss- _ 4- e�,�j�t1YN--,A kT P QN. _---� 1, ny- e 4rcp�es ce geo_L( o y - NOTES: a)C OT, e k - --- -s [ C 4`��s,55-` •�- .�,k f nC ti N �n a�G 1O k¢ �,r�-,n►r � � �,�,�4-�rc-► ��r-,,tee h Y G r�o�c[-��her ��,���� p CAPj A o C r\ � V You are hereby directed to contact this department, obtain all neces ary permits & commence to correct the above captioned violation(s) immediiift.Violations of the NYSUFP&BC must be remedied by,Alsl i,20_ tom,which is thirty(30)days after the date of this notice an are'retumable at the rate of$1,000,00/day for each day of continued violation, or imprisonment not exceeding one year, or both. A re-inspection of the premises is required by law to confirm compliance with this notice&all applicable codes. FAILURE TO COMPLY WITH THIS NOTICE 1S A CRIME PUNISHABLE� ' FIN INIPRISO,NivfEN7' OR BOTH. © BUILDING INSPECTOR ASSISTANT BUILDING INSPECTOR VILLAGE ENGINEER �yE DR k, CERTIFIED MAIL BUILDING DEPARTMENT HAND DELIVERED VILLAGE OF RYE BROOK . 196 938 KING STREET RYE BROOK,NY 10573 (914) 939-0668 FAX (914) 939-5801 NOTICE OF VIOLATION AND ORDER TO REMEDY SAME OWNER: Ca�e (-\)r)L MJr_t ) � 1Q_ VIOLATION# 1810 NOTICE:## �- n g SECTION: 1 Jt, (� S k k BLACK: i LOT: `a THE FOLLOWING VIOLATIONS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND/OR,THE C E OF THE VELL#GE OF RYE BROOK WERE FOUND TO EXIST AT..... } 1 n\ L <C� 2\JZ ,LOCATED IN N lL ZONE, IN THE COUNTY OF WESTCHESTER,VILLAGE OF RYE BROOK,NY ON, I 0�— . of ; u 20116 CODE SECTION TITLEMESCRIPTION ---- - -- - - --- -- -- -- -- c ------------- Ni E_Hi ------ Cam---------- -- - - -------------- a ------------------------------ ------------------------------- 1 ftr - @ ,!> GT►Cl _ NOTES: � '/( ` tr � �tl.( C c &0 Cn jec-) I N C'b�e "C)X,�Q Q-,Q-�nl%tss_. 1 N '\R.S \oc CD`t'(C 4 4C­6 Sc r4 You are hereby directed to contact this department, obtain all necessary permits & commence to correct the above captioned violation(s) immediately.Violations of the NYSUFP&BC must be remedied by, , 20_�- ,which is thirty(30) days after the date of this notice and are returnable at the rate of$1,000,00/day for each day of continued violation, or imprisonment not exceeding one year, or both. A re-inspection of the premises is required by law to confirm compliance with this notice &all applicable codes. FAILURE TO CONIPLI 1ti I I 11 THIS NOTICE IS A CRINI I": PUNISHABLY B , IM SON 'NT OR BOTH. BUILDING INSPECTOR ASSISTANT BUILDING INSPECTOR VILLAGE ENGINEER ����1'17 CERTIFIED MAIL BUILDING DEPARTMENT HAND DELIVERED � -� VILLAGE OF RYE BROOK 1982 938 KING STREET RYE BROOK, NY 10573 (914) 939-0668 FAX (914) 939-5801 NOTICE OF VIOLATION AND ORDER TO REMEDY SAME OWNER: 1' i 0-we, '` , 'VIOLATION# 1952 C o NOTICE:# 1 Ca 6` SECTION: BLOCK: LOT:. ? THE FOLLOWING VIOLATIONS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE ANV:�n! OQE O� �VHLAGE OF RYE BROOK WERE FOUND TO EXIST AT.� 1 ,LOCATED%tN �� ZONE, IN THE COUNTY OF WESTCHESTER,VILLAGE OF RYE BROOK,NY ON, 20 CODE SECTION TITLE/DESCRIPTION N J_o-------------'�S '� _ ��1� � � — —_ F ,----— CY-��..�.� ------------------- -�,- ------------------� �Q ----_- --�► -51 — -------------------�� ----- — — -- -- -- ---------------------------------------------------------- ---------------------------------------------------------- ---------------------------------------------------------- ---------------------------------------------------------- ---------------------------------------------------------- ----------------------------------------------------- NOTES: tA er^T s-\-� l \ `�"h 2 "1► s W3j'\ $ (C.. You are hereby directed to contact this department, obtain all neces ry permits & commence to correct the above captioned violation(s) immediately.Violations of the NYSUFP&BiC must be remedied by, 1. 20 ,which is thirty(30)days after the date of this notice and are returnable at the rate of$1,000,00/day for each day of continued violation, or imprisonment not exceeding one year, or both. A re-inspection of the premises is required by law to confirm compliance ' this notice&all applicable codes. FAILURE TO COMPLY WITH THIS NOTICE IS A CRIME PUNISHA LE E, IMPRISONMENT OR BOTH. ❑ BUILDING I SPECTOR ❑ AISSISTANT BUILDING INSPECTOR ❑ VILLAGE ENGINEER 4So SUS, TOP 1981K BRIEN JC) t'aok +1� ISSUED BY THE Bul]LDIN G DEPARTMENT 00 V-` (A 9�f-clr)off- ---------------- VILLAGE OF RYE BROOK-------------------------------- - 938 KING STREET, WE BROOK, NEW YORK 10573 (914) 939-0668 F.Ax (914) 939-5801 www.aebrookorg YOU ARE HEREBY ORDERED AND DIRECTED TO STOP WORK ANWOR CEASE & DESIST ALL NLAWFUL USE F THIS PROPERTY LOCATED AT: (AM/PM) VIOLATION Ow m-R: 1 ICE.. 1 ADDRf.ss& Yfio%,E:No oc ere� e �1e.. f (cxoTra QW, ti Irvete fi� c�-,r►: c e � 1eo�s i t� S4: 11 SQ. G<00v, o Bevised that unauthprized removal hi ngtigr, will rdance Aft Wage QQat, There is a non-waivable fee of 00. 0 du i r mov I of t n -'n h m n is it ri r min n r - u FAILUME TO OBEY THIS NOTICE IS A CRIME. PUNISHABLE BY FINE IMPRI59NMENT OR BOTH ( ) Bi'ILQ INSPECTOR VILLAGF. I M;IM I K ( 7TAYI BIILUM; INSPEn-OR .a. . . - °� � % . . s . - y \ . R . � t�)j � x4 u 4 •p� � � � kl�P i�'c VILLA © Fty BUILDING EPA I � I _ q r ..r f r` 3 1 1 C E NE [APR 14 2018 VILLAGE OF RYE BROOK BUILDING DEPARTMENT }�.i�r�Yli 1'ii'�..pj*�IaY'•a .fit - ' Y.� ,r '•r" f f �i r `rz. r � 77-1 D �w[E a i APR 17 2 0t ,. VILLAGE OF RYE BROOK BUILDING DEPARTMENT 1 w t4 No. E. 0138 JUSTICE COURT OF THE TOWN 01 STATE OF NEW YORK: COUNTY OF WESI"CHES'w ER PEOPLE OF THE STATE OF NEW YOM Plaintiff, -against- . Rena Avitablie and/or Claire Fenn Defendant. AMENDED INFORMATION Law Offices of KEA.NE & BEANE, P.C. 445 Hamilton Avenue 15fs Floor White Plains, New York 10601 914-946-4 f 77 D I USIICI� COURT OF THE' TOWN OF MT. STATE Of--NEW YORK COUNTY OF VT'STCHESTER ------------------------------------------------------------------- PEOPLE OF THE STA'1'U01- Nl`W YORK, AMENDED -against- INFORMATION Rena Avitabile and/or Claire Fein No. E.0138 ---------------------------------------------------------------------- -\ Be it known that 1, Steven U". Fews, the complainant herein and duly authorized Code F.riforccment Officer of the Village of Rye Brook, NY, do hereby accuse the defendant(s) named above, residing at 32 Quaker lane South, West Hartford CT 06119, who are the record owners of the propetty at which the following offenses were committed, at, 33 1 liflcrest Ave in the Village of Rye Brook, NV, on or about the 2001 day of December, 2016, at or al)(AIT 6:00 pm. FACTS QQUMQN 1:0 ALL COUNTS On or about October 6, 2016, 1 received a telephone call from an individual named"Joshua 1-,*-,-ans who informed me that he was a tenant at the rwo-family dwelling located at 33 F1111crest Ave in the Villagc of Rve Brook (the "two-family dwcll.ing"). The Tax Parcel Nfap for Ryc Brook demonstrating that the two-family dwelling is located in a rwo-family zone is attached hereto as Exhibit "A." Mr. Evans told me that the two-family dwelling was being operated as a rooming house in that individual rooms were being rented out by the recent owners to separate occupants including him. On or about October .5, 2016, prior to receiving the telephone call from Nlr. Fvans, I received a police report indicating that the Rye Brook Police Department responded to a call at the nvo-family dwelling related to a dispute between Mr. Evans and his landlords Claire Fein and Rena Avitabile. A copy of a Police report indicating that Claire Fein and Rena Avitabilc operated and/or managed the two-family dwelling is attached hereto as Exhibit "B", which also includes written statements signed by Rena Avitabile, one of the record owners., and witnessed by Claire Fein, the other record owner. Based on the above-information, I visited the two-family d,,vclhng and spoke with Mr. l"Sans and an individual named David who also told me lie was tenant. I personally observed that three (3) of the four (4) first tl()or bedrooms each had their own key cnin- door locks. I also observed that the fOUrth bedroom was closed off and secured with a padlock. I further observed that a partition wall and door had been constructed creating a separate living area with a separate a bedroom, bathroom and living room. Pictures of my personal observations on Octobcr 6, 2016 are attached hereto as Exhibit "C." l:Rch picture also includes a description of what it represents. I also reviewed the Village of Ryc Brook propern. records and identified that Rena S. Avitabile and Claire Fein are owners of the Property as joint tenant With the right of survivorship subject to a life estate held by Sarina Avitabile. A copy oaf the a deed, dated Januan. 3, 2016, evidencing that Rena Avitabi.1c and Churc Fein are owners of the twee-filn'Lik dINCIling is attached hereto as Vxhlbit "D". -I- Exhibits "A" through "F" attached to this Amended Information are made part of same as fully set forth herein. COUNT ONE: Code of the Village of Rye Brook §192-1. Rooming, Lodging and Boarding Houses Prohibited. Village of Rye Brook. Cade §192-1, provides that "no person shall begin to conduct operate, manage or cause to be conducted, operated or managed, either as an owner, lessee, attorney or agent, a lodging house, roaming, house or bearding house which furnishing; lodging; or roaming accommodations for hire within the Village of Rye Brook." Based upon my experience and training;, ,and the evidence set forth in this Amended Information, which includes my personal observations and witness statements, I have a reasonable belief that the Defendants Claire Fein and Rcna Avitabile are operating and/or managing; a rooming;/bearding house which furnishes lodging or rooming accommodations for hire in violation of tillage of Rye Brook Code §192-1. COUNT TWO: Cade of the Village of Rye Brook 5, 91-2.A. Building Permit Required Village of Rye Brook Code § 91-2.A provides that "no person shall erect, enlarge or structurally alter anv building;, building system or other structure or nonstructural alterations where permits are required do to the Uniform Firc Prevention and Building Code or as otherwise provided in the (:ode of the Village of Rye Brook without obtaining; a building; permit." Based upon my experience and training;, and the evidence set forth in this Amended Information, which includes my personal observations of the partition wall and door and w-itilcss statements, I have a reasonable belief that Defendants Claire Fein and Rena ..lvitabile structurally altered the two-family dwelling by constructing; a partition wall/door without obtaining a building; permit for such construction. I reNiesved the Village of Rye Brook Building Department records and no budding permit was issued for the construction of the partition wall/door as required by Village of Rye Brook Code S 91-2..A. 'I'lle only important certificate of occupancy and attached plan for the premises, Certificate of Occupancy No. 8779, dated November 16, 2009, does not include the partition wall and/or door. .l copy of Certificate of Occupancy No. 8779 is attached hereto as Exhibit "E". COUNT THREE: Code of the Village of Rye. Brook §250-10.A. Certificate of Occupancy Required. Village of Rye Brook Code §2-50-1 O.A provides that "it shall be unlawful for an owner to use or permit the use of any building; or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly- or partly in its use or structure until a certificate of occupancy shall have been issued by the Building; Inspector." Based upon my experience and training;, and the eyiciciacc set forth in this Amended Information, which includes my personal observations of the partition Nvall and door and witness statements, I have a reasonable belief that Defendants Clairc Fein :and Rena .' vitabile structurally altered the two-family dwelling; by constructing; a partition wall/door. I reviewed the Village of Rye Brook Building -2- Department records and no certificarc of occupancy has been issued in conjunction with the construction of the partition wall/door as required by Village of Rye Brook Code �250-10. The only important certificate of occupancy for the premise; does not include the partition wall and/or door. See Exhibit "F-7' COUNT FOU : Code of the Pillage of Rye Brook §250-10.A. Certificate of Occupancy Required Village of Rye Brook Code 5250-1O.A provides that "it shall be unlawful for an owner to use or permit the use of any building; or premises ur part thereof hereafter created, erected, changed, converted or enlarged, wholly, or partly in its use or structure until a certificate of occupancy shall have been issued by the building Inspector." Based upon my experience and training, and the evidence set forth in this Amended Information, which includes my personal observations and witness statements, I have a reasonable belief Defendants Claire mein and Rena .lvitabile are operating; a boarding house which furnishes lodging or roaming acc(,JmmadadL)ns for hire. I revie«•ed the Village of Rye Brook luilding Department records and no certificate of occupancy has been issued in conjunction with use of the nvo-family dwelling as a boarding; house as required by Village of Rye Brook Code §250-10.A. All the above is contrary to the provisions of the statutes in such case made and provided. 'Ilie above allegations of fact are made by the complainant herein on direct knowledge (and upon information and hehei), the source of which being site inspections on or about 10/06/2016 and 12/20/2016. Anv false statements made herein ,ire punishable as a Class "A" \Iisdetncanor pursuant to §1210.25 of the NY Penal I.apt'. Dated Code Erifa,rcement )Ricer APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rve, 350 North Main Street, Part Chester, New York 10573, (914)-939-3305, at 9:00am on the 27th day of December 2017, in connection \t-ith tour alleged commission of the above described offense. N—Q:TE; UPON FAILURE TO APPEAR_,A.WARRANT_MAY BEE��1F;D FOR YC3>�iR AR RE$T Dated (:ode E,nforcemcnr C fficer -3- ' Exhibit A 300%Recycled 30%PCW 312/2017 Westchester County GIS::Tax Parcel Maps Tax Parcel Maps Address: 33 Hillerest Ave Print Key: 135.76-1-57 SBL: 13507600010570000000 �' II R-7 R7 r RA 0 _ 1 �, r M --' B, H-1 r. P-7 ; tf. ;- a II ti r"aa r" F`2_ R2-F rr,rti` i:iisiei' QS-2 - F , ` RA h RA3 ZR-7 R7 , e - r - LAN rN ILAmil rw OB=2 C�R��S � !►.` x�� � Q, RAd nr Disclaimer: This tax parcel map is provided as a public service to Westchester County residents for general information and planning purposes only, and should not be relied upon as a sole informational source. The County of Westchester hereby disclaims any liability from the use of this GIS mapping system by any person or entity. Tax parcel boundaries represent approximate property line location and should NOT be interpreted as or used in lieu of a survey or property boundary description. Property descriptions must be obtained from surveys or deeds. For more information please contact the assessor's office of the municipality. httn•Ilniewww wPctchpctarnnv.cnmitnxmans/lavout.asoxryr=RYK235o18 1/1 Exhibit B 100%Recycled 30%PCW Ptin4 n 1 ,(;ri/2 0 i ' VILLAGE OF RYE BROOK PD At : 16: 11: 42 938 KING STREET RYE BROOK, NY 10573- (914)937--1020 Ennry!CCd: RT3-004455-16 .. . -: 10/01/2016 TiT-: 21:35 PDes'r. Cffice! : 1041 Cali ;yPC. . . . , : DISPUTE E r ins i'-'y . . : 1 How Received: OTHER POLICE AGENCY Ori? "all Type: Bus. %ar-i_. . : PORT CHESTER POLICE DEPARTMENT k�::' =ss • . . . : 350 NORTH MAIN STREET Cit:y!Sr./zip: PORT CHESTER, NY 10573- Cali Back 41 : (914) 939-1000 Ltics:ion r.f A4s: ::.. . : 33 HILLCREST AVENUE, RYE BROOK Cress G-reet.. . . . . . . . . . : IRENHYL AVENUE P'.Islriess ".'a e. . . . . . . . . . VescripLiw. , . . . . . . . . . : LANDLORD/TENANT Dispn& on. . . . . . . . . . . : CIVIL MATTER i'_Sr : 47 7. _- .. y 7 . C_ ..�.:.�:;1 - ' - : 10/01/2016 Call Taker: 1541 OFFICERS INVOLVED jeiiai w . 1049 Bank: 10 name J.`k;. , \\ Serial . 1oU Ran Nat*.inL_._.. . i . UNIT'S INVOLVED Disp. Time: 21 . 11 1 .fir v. Time; 21 . 38 ; .','ornp Timi -----------------_----------------------------- Disp. :heel 2035 Arv. Time. Camp TJmo., j ASSOCIATED NUMBERS PERSONS INVOLVED ..:cress. . . . . . . . __ ..,_ CkEs. City/Sratel0p:RYF BROOK, NY Nks tuber. . . `-�49-.456 ? _ :ether. . . ,;67— Race: f'-s:.... .-_: . . . . . . . . - i ..-_. -. ES T A.,7.-. ..-ace/zip:RY-". _,. _C.K, NY Number . . : ;4 } 553-1456 MC•1'i 1 PJUMber . . . ,-7r-; 559-145E- Sex. . . . . . . . . . . . . F:dL'P. lap._ in Typw . - ....: -M. , ,.CTii- En* ry:':`Ci: RZ-004485--15 Dare: 10/01/2016 'i ;. : 2105 .. it : priesn Officer: 1041 Page: 2 Name. . . . . . . . . . :EVA S, 30SHUA i TIE: " : As- Address. . . . . . . :33 HTL LC'REST AVE':_'c ...TK 1 1 City/State/Lip:RYF BROOK, NY 105%3- Sex.. . . . . . . . . . . ... :- Ferson Typp. . . : i ;N7ERV�r°r;F.r, Na_ne. . . . . . . . . ; TAIFTES, STF.FANY ---XM:01, 14 , p�_}+_ -- Ad:ar ess. . . . . . . . . .-.. -: . . ..t, U Cirv/State/Zip:....., , :_iCHt:i.I,1=:, N7 _. `'- P mp Number. . : . - 1 693-6040 l"D'r. le Nirfi."7 r €R 1-,FJ410 Sex. . . . . . . . . . . ._ Race. YArs:_n Type. . . . FE?SC.N lNTF_RVT:-: £_ N'an.e. . . . . . . . . . . i,WC'`_h'.RS, ANTHONY1 - i�f^B:02, 17— 9 7 L Address. . . . . . . _.. . .FW r:.r. )K, H'1 MoL le Number, . . ;y:4 s'160-113H Sex. . . . . . . . . . . ... Ka.-F: pe scn Type. . . . . LP _.. NARRATIVE 1041 . 10/01/2016 21 : 5 - PCPD report _.. via `.he derar-.ment radio that there was some type : _ 3,_7_sr._c i,.cids.._ W .. a i and a ter.ar.t at 3 t His ores _ Avenue ...._re _he Lenant a! ti:,:lCen t'y _�.i_ .andlord. ?CPD stated that the caller informed him rhat it zan hi? a,-c ss-ad fly the t-par C'tf of Fairview Avenue. 41 and 48 disna� ed. 01/2G16 21:4 . - 4? rep _ted rh pr_.. r s4*a q.. _ to the parties .and _t "a= a 1and1wA _--;7 jispu_e ,r:_ 0 reported that it was not :a domestic _ncidi'111 ir: ies welt' not: Lelated. 114. 12C 6 Z. : - Srarus _-.._ _ _ I- 41 and Starer than the male party was gning to leave for the F ighr and stay elsewhere. 48 reported that the male pjrty w_)°a1a l.oc% his mom, sty the landlord would nor_ enter. 48 reported that two female landlords rent indiu-ideal _o,.rms our, to people. 1'_4_ . .., 1 ;.:`l:r K 05 - 5" repornej n ha: the ter,anz -_T. the premnses for the % 3:'_" . 1043: 10102/2016 r, :2w - 1 respanaea Avenue an a report __ a p_,sslb__ a.-. - . __., i ... v- - ,.-. .. . . -.-....., . W'es_e y AvF_. Ap i 17. FA t. C h F s, ", , , _ `n . ?-in and bona Avi- t.iJe. Mt . .T11L. ot.«1ed t: _:.. . rk im a . Y i 1 1 .rest - rrom Ms, Few. and Ms. %:C•'t'_nt _ . . . Mr. Ev.a%E not absorwed i : to 'nro3iicaied and ne na,a -3 beers, Mr. Evans stated tr.ar he was _ _,._,. . ne! vy Ms, -.. ,.-ache. and 'Mo. Fein while in his bedroom w:10h his girl tri= -:_I, Uefany t'e,4ardinq 'nim leaving Fntry?','CP : RB-004485-16 DaLe: 10/01/2016 21:35 Tc,ur Pnesk Officer ; 1041 Page: 3 and Paying He Sra,,e:j he rer— .-- stay at the residen,-P ti.. tne end k:;f Clctoter but was anri:-jea thar : Key nad Shut off the WIFI . Mr . Evans stated tll,at they tried rr) push open the bedroom door whi I e Ye 11 in g az f..rr aboui r'r.e r-.-nt . Mr. Ev anS s-;i-ed ;shed back. n e door, ir i n r-a Ms. "v a t e. se a I s: s I: Parades, who Iiis story; sti.-,rJnq ,she was s;7arod jind understand why t :., yr-Aiing at harn. Ms. Avitabile, stated th-ar Mr. Evans had hit her in the face with his i and. :its. A-,-i- ri�-,jhr, wtas observe-'i to be red bul: no! br,iised, scratcf.e-j cr bleedir.q. here ---;ere no mar'•-.S -bselved her cheek. its. Avir-abile was asKed multiple by Lnrh my—I;' arid Officer Asare if she wanted rn h-e hecpd out by FI-I.c- i%ijt refused a:,, i stated she would go to t h with MIS. Fein, Mq. A-:1 - ile war-,LeJ t~ press charces against "r. rvabie in�ury r. E'vans for assri ;- n�,P was t-here no obse 7 0 .ner faCe. i3uvr. '-S. Fein and Ms. ie s!-aL�-J they were fearf,il For their safety and r.he safety of theii i-wc uhlildrtn, Jacor� Fein-Avitab-ile (DOE' 12/31/200= and Sammy Fein-..- - - ... _le 1 Pj,.-�-, 1 - I . Tie Children Were .r.cfftc- a-. -I-le 7_-,nr. :-f thr. .rned 1:c ti-- re-zidencN after Ms. :eir, calle(i Friend zi.-r.v zo :Ctrp- over. Mr. Evans srat,',-j chat. Ms, Ff.,;n anl i,"s. Avir.abile -An.:i their ch' Idren do r,oL reside at the hc;m�. berause all the rooms wore taken. Ms. Avi tabi IP stater.) that fhiey do in live there, Ms. Av i t ab i le and M's. FF--- a 4zd t*.-a t the -,en an had 5 k.--pped rent payments and was Denind Ir ren-, and just wanted him oat rf the house. Nlr. Evans statE:I he has been renz-,nq :he rc,om tar Five 3 vised tha� !:- the nar-;re ot this incident he A j a s r:e r ir.: n m- er;lnq. Mr. -vans was howrever permit*--, i rei:rieve his bQi,:-nging�s an-1 lock his bedr�---,7 which was observed by Offi4er ASare, M' . -F'VaT.s was fui t het �tiv i sed to find another place t,^ live. Due ro Mr. Evans' inLoxicated state, he was advised r. take & cab. Ms. -eir. and Ms. were "J.-,-. advised r-C go -0 Court '18%. arl'i s-ar- 7�,� c n 1023: 10/02/2016 21 :44 - Copy of Blotter sent tc 171.,ilding Department for 'bic , .1 - . -pzssl - -f 10,21" . 101015/2.016 -Comp, Avitablii-- camr, to h -9 da tp, t.:) provide a wrier. t;3Sed v)n whaL sole said wds of LT . M- art hews. :z.a-'d sr.arernnnt `-.1- -`r: .)rdpr anon ad:jvZj to rec::_: --e r- f i b Y Lated: e d Printed: 01/11/2017 VILLAGE OF RYE BROOK PD Page: i. At: 12:13:28 938 KING STREET RYE BROOK, NY 10573- (914)937-1020 Entry/CC#: RB-004528-16 Date: 10/04/2016 Time: 18:56 Tour: pDesk Officer: 1042 Call Type. . . . . . HARASSMENT Priority. . : I How Received: WALK IN Caller. . . . . : Bus. Name. . : Address. . . . . CityiSt/Zip: Ca''_ Back : Location of Assignment : 938 KING STREET, RYE BROOK Cross Street. . . . . . . . . . . Business Name. . . . . . . . . : RYE BROOK VILLAGE OF Description. . . . . . . . . . . : LANDLORD TENANT DISPUTE Disposition. . . . . . . . . . . : BLOTTER REPORT Post: 48 Dispatched: Y Dispatched Date: 10/04/2016 Call Taker: 1042 OFFICERS INVOLVED Serial d:1043 Rar1k:PO Name:DAV:_) _ CRYES: 1 UNITS INVOLVED Unit: 47 Officers: (1043) Disp. Time: 19:07 ; Arv. Time: 19:10 . Comp Time: 19:25 Rcv'd to Comp: 0:29 : . Disp to Comp: 0: 18 ASSOCIATED NUMBERS Blotter 4 :RB-004485-16 Call Type: DISPUTE PERSONS INVOLVED Name. . . . . . . . . . :EVANS, JOSHUA J DOB:03)20/1987 Address. . . . . . . :33 HILLCREST AVENUE APT# F!, 1 City/Staee/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 565-5994 Mobile Ni1mber. . : 1914) 565-5994 Sex. . . . . . . . . . . :M Race: Person Type. . . :PERSON IN'TERVi1 'SED Name. . . . . . . . . . ..QUINN, EDWARD P DOB:1110911959 Address. . . . . . . ..219 NEUTON AVENUE City/State/Zip:RYE BROOK, Phone Number'. . : (914)937-5753 Mobile Number. . :914-469-6479 Sex. . . . . . . . . . . :M Race:WHT Person Type. . . :NO INTERVIEWED Narr,e. . . . . . . . . . ;DE . !;TORIO, MICHAEL DOB: Address. . . . . . . :209 WESTCHESTER AVENUE City/State/Zip:PORT CHEST'ER, NY 10573- Phone Number. . :914-939-1661 Sex. . . . . . . . . . . :F Race: Person Type. . . :NOT INTERVIEI4ED Entry CCq : RB-004528-16 E: 10/04/2015 :'_ r;r: 18:56 Tour: PDesk Officer: 1042 Page: 2 NARRATIVE 1042:10/04/2016 19:09 - Walk in for a tenant_ complaining of harassment from landlord: 47 took report. 1043: .� 10/0412016 19: 18 - oshua Evans (pR) came to police headquarters to report that his landlord Claire Fein ,PI1 had called Chief Quinn (ND of the PCFD and stated that Evans had assaulted her and that he was a drug addict and a drunk. Evans heard this through Chief De Vittorio (NI} who contacted him today around 1510 hours. Evans was advised to have Chief Quinn. come to police headquarters if ':e wished to have a harassment case report completed. Printed: 01/26/201"' BLOTTER SUPPLEMENTAL NARRATIVE REPORT Pei 1 Deparr_menr.:VTLtr, = . PYE BROOK Narrative #: 1 Officer Rank/Pla.7= : DET RYAN P GILCHRIST 4J : r: 1035: 10/25/2016 11:56 - At approximately 1030 hrs this date myself and D/Sgt Wilson attempted to be make contact with Joshua Evans at his last known place of employment, Empire Towing located at 152 Virginia RD White Plains, NY. Upon our arrival we were informed by the company owner that Evans no longer worked there as he was arrested a couple of weeks earlier for DWI while on duty operating a tow vehicle. We next traveled to 33 Hillcrest Ave in an attempt to locate Evans at his residence. We received no answer at the door but did speak to Bill Darger (914-843-8039) a resident residing on the 2nd flr of the home. In our conversation with Darger he advised that three individuals including himself lived on the 2nd flr. Darger also informed us that the landlord, Rena Avitable did not reside at the location. Darger believed that Avitable lived in Hartford CT. D. K ,i �� aRoo►r RYE BRCIDK POLICE DEPARTMENT 4� 938 King Street, Rye Brack, N.Y. 10573 N v Police Department (914) 937-1020 Administrative (914) 939.8320 j Fax (914) 939-0215 190 � POLICE I)EPARTMENT CHIEF OF POLICE Gregory J. Austin SLR# ! � Arrest # { II(- Dale: rU Z'} 1� Time: . 3© F V1'1 Place: 4C, _ 7� .�+ C,C� :� I,the undersigned, &14 �`1. 1�.,f ,Telephone# J-6 C) S of 3 > � �� AJF, ��� being 0 years of age, do hereby make the following statement. I make this statement voluntarily and of my own free will: v Q/rDf ca✓ • G���, ' S�� T yes �/a' u--�.�-f: � �... �?���,�� I � ors I ,1,�-���c. �,•��P.�'. /j'�r Gl/�fC21 fit. Gt E/i K X,j7L_6&_ZZ4;g8 ;Z h u 4_. zlt_ Jr < S n c/fie-te o� '7'7td ���*r cJ 7�/ - Q_! �f A '-7 C��rC2 I have read this statement and the facts contained are true and correct. FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS"A'MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW OF THE STATE OF NEW YORK. Swom to before me this day Df Signed: Year Print: Witness: Witness: Rye Brook Police Department '4'Q�� 938 King Street Rye Brook,NY 10573 914 937 1020 Statement of: C Date: /S Age:_ + Tele. #JF 4/ . �t+Gf C/O1Cd - �7uC ! h!.�'/ 4.'j h @ C.-/._r_l a 4 � ?�it VC- 114 bu f-.ve . , De (if L,�raZ � — — +��}�(' �V CICr�c -�q`�',, //�yn i����G��'��PT� �� � �!•mac' 7�: /2ca c/ V2, e-11 e � /`f� �`7cg� �I r � ZI P /-r � `{�C(f L' -ee& a,-� . e `!P a.ne A0 Aei,6Z ' /1 //t Jot G, � 4,Lr a/P C( I have read this statement and the facts contained therein arc true and correct. FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS"A"MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW OF THE STATE OF NEW YOM SWORN TO BEFORE ME THIS� _._ i7ay of Signed: Isrint � WatnGSS. � i WIR7e55: U.F.06p)VD4 (2) Rye Brook Police Department 938 King Street �Je' Rye Brook,NY 10573 914937 14937 1420 Statement Of: �I�1�1 Date:__,/a/T/ Age:_ Tel— # - `.d t(j I LXAJ r?ye-r"lL,te yGv 7 V7. Sa �+ v/ l6 Al ci'J T rt 1R, It 5 �* /4 Y T— . G r fC 1�7� �/T r ✓rG( L���� �ir✓J{' J �G'"! �7 f��;�_---f..�r I�fi ''" %� ��f1� C'rr�,•�' Ct r7 cr � lue��, �� � �sd S�� -,���-f .� 1,�� I Dave read this statement and the fact;contained therein ere true and correct. FALSE STATEMENTS MADE HPREIN ARE PUNISHABLE AS A CLASS"A" MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PEN AL LAW OF THE STATE OF NEW YOR.K SWORN TO BEFORE ME THIS Day of Print: Witness: ' Witness: U.F.06�2)B104 (2) 1 Rye Brook Police Department 938 King Street 'pa ire Rye Brook,NY 10573 914 937 1020 Statement of: Date: /() !k� Age: U T'ele. �t i r1 t� ntl S G �3— [ a r 1tor 441e !r A t q of f' Ulrc( ou fc Qr'tr ve S1 i ( YP Arr C L'V)-�i 1 Aen 4A �Lc Po 1,�e Ws u 1,4 ! tucklW llJJ hCA4C -�D Leave � ju:tj 1r -+Af I have read this stat—ement and the facts contained therein are true and ca:rex FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS"A" MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL,LAW OF THE STATE OF NEW YORK. SWORN TO BEFORE ME THIS Day of_._.__ Sipe4oa, Prim1 V f Witness: Witness: U.F,06 2)8104 (2) l Rye Brook Police Department ��� 938 KEng Street Rye Brook,NY 10573 1914937 ]030 Statement of: tQf7� 1/r7 /� Date: /l'� z,Z I6 Age: _ .},T�2 Tele. A� / YEsrA "qC3/rl -7-4 6zX1 1 file dtl-rc AV (4c, fA� �- (a S 5 a�2 hc�my—� u0f I have read this statement end the facts contained therein are true and correct, FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS NA" MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW OF THE STATE OF NEW YORK, SWORN TO BEFORE ME THIS Day of S iced Print. Witness:— ^ Witness: UJ FAMJ2)81G4 (2) r Exhibit C 100%Recycled 30%PCW • a.a y. m, , . . ��3 �®�• � � � \��. ( � 2% ««• � . - � 2�2� - . ��._ . • � � :. . RIP . . � . . . -. � -- � � >�.3 » , - ���. y �. fi° �` - ti J P.:,. �L f} _ - �: ...mac�".;J„!`s'�eMif+.T.�s1:lip(f�, h A- z �w i{ x .- ,,,� '�b�� �, -3 ti�� .� 4 ti . t __, I } r,li, � 1II Y„ F �' 3 I /�!+ '.�, — ! w _2 Y �'� �4 {^ _� 1j t t, ibis'YUr. _®:. �1 a� .� y!' +i Y f 'r r 0 3"Cl �_� DATE OCT ~••. ?� � BY: A-klo .� 2. d,. �4 �, ���� � 7 r _ �5 _.��. � � r 1 r - - �*4 ." � � ,, � `ti '� _ - ,.'ni BY: a BY. Y. A�� AT BY: 1 r i t ka h t � i i. AWu` i it I P vwrtuiviv a.vnnGt. DATE: sf: ai -Z O�CbC l 'lam i f y E f f' © � Af��: & a . , | ay\ � r\ . . . . 'j. . ! 1 r i 1 i - ;r is� r s&�� �'��'Y���� •.fines+ 1 �, .4 i r � a e r 1 s Y I tV QATE- I lot% L �Tnl wilt v- v r« i } s 'Y ' - Alf.. y i 4 !'mow If I r r * 10 r ,14iI► i '. It, I �Iti N t � y •+L Awl VIOLATION DATE' 14-0% BY: %::: • &0x II I •�f 1 F SK. I r- I F 1 f I• 1 4 {1 3 .T dd 1 l F 1 I 4 • ✓� 1 Yf — 6` i .:. LATIoN f:ATE: !3Y: A W%t ! Mom wr n a rig? I d n f 4 I 1 C r I k I 1 M. ti �� § . K \ � i , . ! . . . < � . !lilt . . � DATALVIV BY. BY-. A • 1 ! 4 ,y r 1 1 tit i � 1 1 Exhibit D 100%Rmcle6 30%PCW E J, 1111 I � i *460970526DEDI* Control Number Instrument Type 460970526 DED TFP, �Q WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE (THIS PAGE FORMS PART OF THE INSTRUMENT) *** DO NOT REMOVE SFAt• THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT: DED-DEED FEE PAGES: 4 TOTAL PAGES: 4 RECORDING FEES MORTGAGE TAXES STATUTORY CHARGE $6.00 MORTGAGE DATE RECORDING CHARGE $12.00 MORTGAGE AMOUNT $0.00 RECORD MGT.FUND $19.00 EXEMPT RP 5217 $75.00 TP-584 $5.00 COUNTY TAX $0.00 CROSS REFERENCE $0.00 YONKERS TAX $0.00 MISCELLANEOUS $0.00 BASIC $0.00 ADDITIONAL $0.00 TOTAL FEES PAID $117.00 MTA $0.00 SPECIAL $0.00 TRANSFER TAXES CONSIDERATION $0.00 1 TOTAL PAID $0.00 TAX PAID $0.00 SERIAL NUMBER: TRANSFER TAX# 11478 DWELLING: RECORDING DATE: 4/26/2006 THE PROPERTY IS SITUATED IN TIME: 14:09:00 WESTCHESTER COUNTY,NEW YORK IN THE: TOWN OF RYE WITNESS MYHAND AND OFFICIAL SEAL TIMOTHY C.IDONI Record&Return to: WESTCHESTER COUNTY CLERK JOHN COLANGELO 211 SOUTH RIDGE ST RYE BROOK,NY 10573 QUITCLAIM DEED(INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8009 CAUTION:THIS AGREEMENT SHOULD HE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCSER BEFORE SIGNING. THIS INDENTURE,made the s day of ,two thousand, t between RENA S.AVITABILE, 33 Hillerest Avenue,Rye Brook,NY 10573, party of the first part,and RENA S.AVITABILE and CLAIRE FEIN,as Joint Tenants with Right of Survivorship, 33 Hillcrest Avenue,Rye Brook,NY 10573, party of the second part, WITNESSETH,that the party of the first part,for no consideration,paid by the party of the second part,does hereby remise,release and quitclaim unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL of Grantor's right,title and interest in and to ALL those certain plot,piece or parcel of land,with-the buildings and improvements thereon erected,situate,lying and being in the Village of Rye Brook,Tow_n_of.Rye,County of Westchester and State of New York,designated as Lot No. 1 shown on a certain map entitled,"Property of Paul Avitabile and Sarina Avitabile,filed in the Office of the Westchester County Clerk,Division of Land Records,on April 28, 1989,as Map No.23692,and being more particularly bounded and described as follows: BEGINNING at a point on the East side of Hillerest Avenue,said point being the intersection of the division line between Lot No. 1 and Lots No. 105 and 128 as shown on Filed Map No.912 with the East line of Hillerest Avenue; RUNNING THENCE easterly along said division line,South 79 degrees 29 minutes East 200.00 feet to a point on the West line of Fairview Avenue; " j'}L,C.V. RUNNING THENCE southerly along the West line of�FaRyieW Auenue,.;South 10 degrees 31 minutes West 47.00 feet t a point; er y;��9f'• 6? 4h91:4� RUNNING THENCE westerly along the southerly boundary of Lot No. 1 and through Lot No, 127 as shown on Filed Map No.912,North 79 degrees 29 minutes West 90.10 feet to a point; RUNNING THENCE southerly through Lot No. 127 as shown on Filed Map No.912,South l0 degrees 31 minutes West 3.00 feet Iva point; RUNNING THENCE westerly along the division line between Lot No. I and Lot No.2,North 79 degrees 29 minutes West 109.90 feet to a point on the East line of Hillerest Avenue; RUNNING THENCE northerly along the East line of Hillerest Avenue,North 10 degrees 31 minutes East 60.00 feet to the point or place of BEGINNING. Reserving,however,to SARINA AVITABILE,the exclusive right to the possession and to the use and enjoyment of said house and real property being conveyed herein,being occupied by SARINA AVITABILE for and during the natural lifetime of SARINA AVITABILE,and the use and enjoyment of the rents,issues and profits of said premises for and during the natural lifetime of SARINA AVITABILE Subject to that certain mortgage held by Bank of America in the original principal sum of Three Hundred Sixty Five Thousand($365,000.00)Dollars dated January 26,2005,executed by the party of the first part as mortgagor and that the parties of the second part hereby assume and covenant to pay such mortgage debt. Being and intended to be the same premises conveyed to the party of the first part herein by deed dated April 13, 1999,and recorded in the Office of the Clerk of the County of Westchester,Division of Land Records on 7/2111999 in Liber 12334,at page 230. Said premises also being known as Section 135,76, Block 3,Lots 1 I & 12 and•Section 135.76, Block 1,Lot 57 on the Tax Assessment Map of the Town of Rye,New York. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate'and rights of the party of the first part in and to said premises, TO HA PE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. NYSSA PRACTICE FORMS 3198 RE067.08 _I. r f� i The word"party"shall be construed as if it read"parties',.whenever the sense of this indenture so req u i res. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ENA S.AVITABIL CLAIRE FEIN STATE OF NEW YORK } } ss.: COUNTY OF WESTCHESTER) e� On the - day of in the year 200(/ ,before me,the undersigned,personally appeared RENA S. AVITABILE and CLAIRE FEIN, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to rfle that they executed the same in their capacities,and that by their signatures on the instrument,the in i i Is,or the person on ehalf of whom the individuals acted,executed the instrument. NOTARY 1C a couw +4+ C.61 a ,V0 ! xo.n Q fled In Wagtcheatoroxa& cdmm4slo.Fcnl ae JutY 31,1� AVITABILE RETURN BY MAIL TO: TO JOHN B. COLANGELO, ESQ. 211 South Ridge Street AVITABILE&FEIN Rye Brook,NY 10573 Section: 135.76 135.76 Block:. 3 1 Lots: I I & 12 57 Premises: 33 Hillcrest Avenue,Rye Brook,NY 10573 Town of Rye County of Westchester RE067.08 +NYSBA PRACTICE FORNIS3198 _Z. WESTCHESTER COUNTY CLERK RECORDING SHEET 110 Dr.'Martln Luther King,Jr.Boulevard White Mains, NY 10601 -- THIS FORM MUST BE COMPLETED AND SUBMITTED WITH EACH DOCUMF —��, This page is part of the Instrument;the County Clerk will rely on the information provided on this page for purposes of Indexing this document.•To the best of the submittees knowledge the information contained an this Recording.Sheet is consistent with the information contained in the attached document STiBMITTFR INFORMATION: Tlt1cT•rumber: ` Company: JOHN 8. CO Address: 211 SOUTH RIDGE ST• City state: ---� Zip: Telephone: Attention: Dopumen.type: #of pages- P $ Mortgage Amount Dwellin oaP=ga_ofdooumeat $TYPe: 1ForMortgage only lstparty ttpme(s} grantorlmortgagor) Businrsa �OaPaga ofdocumeat On Page—of document Entity OR 0 1 to 2 family Considerution/Conveyance Amt: �.!to 4 family . - Cq Not 1 to 6 family I� Check if submitted: C1 Ll 5217- p$75 [p$165 Tp-584-Type of property conveyed[1 through B] Q 0 TP-584.1 C1 TT-2663 2nd Party rsume(s)(i.e.,granteelmorC a ea TAXES PAID: on page ofdaounW9 g $ } 8aai=$ Reference Entity Amount Or Check# Mortgage Tax $ .r d b Transfer Tax $ �^ C7 _ Mansion Tax $ �y RECORDING FEES PAID: Amount Reference . or Check#' Tax designation (Section,Block&Lot) MORTGAGE TAX AFFIDAVITS SUBMITTIID; �1 o11P090__afdooumant Ct 252 Q 255 p.280 Other: [ 253 ® 260 j] 339-ee —~ City(ies}or Towns}farPro a P AyAescription Cross OnRe6e,ofaocumut r- onPn8a1 ofdocumont Property Description—If required,check the one contained Record and Return To; Within the document Metes&Bounds onpage_(of document JOHN B. 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T 'a J Q Ell 0i**-'1` - 6 20 1 Ac , VILL �E O R'(E F3F=.O0K BUILDING DFPAP€KAIENT. lr � - - - ,�- .„ � : .. �s ' r w +�' �� yK. �;. `�i}:. ... l �. _ _ _ ..- �'_, 1 I _ `I°`; fa }('� ,ji a�-, I -T .� r� _ � y�I fr:� i �� 9 �: A' 1� _ �I 13 �' I C i 7 . t, f C i t p� I Mh ti r j it IV mil .9r . { "-- � } - x\&� � i r Fall ; ^WN �_cty�v y e J i ! 1 ! r. l l 1 2+ ;1 4 t ' Ltc z . ONP Z ' aF ��� t -DING r) s i q l D. J10 �CC 20 201G VIL.L .c, G = I OKBUILC1�ltic:: - S F• LD!EC��2 4 2016 6 • VILLAGE. OF CA' r,� y 4« Ilk.I n r.y a � " F z. w, ^ JJik. as "``• 4 1Lt4MLP A+� 111 �t T taw T i ��(]C �rt3L1 ��C /t{ Ens U1 tI d J r i .y 6 Steven Fews From: Sunny Blue <sunnyb1ue07O1@rocketmail.com> Sent: Monday, May 21, 2018 11:19 PM To: Steven Fews; Arin M. Liebman; Anne Capeci Subject: Tomorrow Court 5/22/18 To Whom It May Concern: This is to inform you that according to New York State real estate law, as you we}l know as attorneys, that when a home has a deed with a life estate. that the life estate owner has certain rights and responsibilities The responsibilities of the life estate tenant are paying the taxes and insurance on the property, as well as being responsible for the maintenance on the property until her death. If you want to continue this case. you need to have the correct person come to court, as we are not the ones responsible for the issues that you keep harassing us with, my mother. Sarina Avitabile is. Additionally, all of the issues that you have brought up violations for have been taken care of, and Steven Fews knows that, but continues to come to the house at 33 Hillcrest Ave, and harass the tenant there, has done so on multiple occasions, and has entered the house illegally without the permission of the tenant or Sarina Avitabile. There is no reason for any of this other than discrimination and abuse of power. You all know the law but refuse to follow the law. I can not attend court tomorrow due to the serious life threatening health issues that my spouse is dealing with, which I have informed the court about on numerous occasions, and I have a child with serious life threatening health issues too If you continue to harass us, knowing full well the laws of the state of New York, for a deed that was created by the other Judge in the town, John Colangelo. then there is an abuse of power on everyone's part involved in this case. The law is very straight forward on the issue of life estates, and the attorney for the town and the court know these laws. I was also sent a copy of the deed by you (thus acknowledging that the town knows what the deed says), but refuses to acknowledge that Sarina Avitabile is on the deed with a life estate. Please know, that despite not being the one responsible for any violations, I have tried to help my mother, and have met with Mr. Fews, in that vain, on numerous occasions, however, I refuse to continue to be harassed. And, helping my mother does not change the rights and responsibilities of the my mother on the deed. Additionally, you continue to issue violations once one has been taken care of purposely to prevent this from ever ending. which is also an abuse of power. Please contact my mother in the future if you want to continue to this matter, as if you continue this matter with me and my sick spouse, you are violating our civil rights. Sincerely, Rena Avitabile 1 Steven Fews From: raildave <raildave@gmail.com> Sent: Tuesday, March 06, 2018 6:11 AM To: Steven Fews Subject: Re: Case filed by Bill Darger regarding 33 Hillcrest Ave and lack of heat. Dear Steven Fews, Unfortunately Nick does not want to. be involved as he feats repercussions fr I'm Rena & Claire. So there will be no one to let you in. Hopefully you can come by one evening. Respectfully Yours, David Breuer On Mon, Mar 5, 2018 at 7:08 PM raildave <raildave(&gmail.com>wrote: Dear Steven, I've let Nick know to expect you between 8:20-8:30am tomorrow. He will let you in so that you can look at the new boiler. Thank You for your assistance with this issue. Respectfully Yours, David Breuer On Mon, Mar 5, 2018 at 4.26 PM Steven Fews <SteveFews(&ryebrook.org> wrote: Hi Dave— Let me know if Nick or anyone can be around like 8:20-8:30 in the Morning? As far as your question, I am not a lawyer, but you (the tenants may have a case against the owner if they are renting the house in an illegal manner. Meaning they don't have a permit, not have they applied for a permit to rent out as a boarding or rooming house. Any Landlord has the right to start an eviction process if they feel they have just cause,yet you may or may not have a claim against the illegal use. Yet like I said before I am not a Lawyer,you would need to seek the counsel of your own Lawyer for your rights.and/or if you are served with an eviction,you can go to the Rye Town Court to learn your rights, Thank You. 1 Steven E. Fews Assistant Building&Fire Inspector Code Enforcement Village Of Rye Brook stevefews ryebrookora 914-939-0668 Ph 914-939-5801 fax From: raildave [mai Ito:raildave@gmail.com] Sent: Monday, March 05, 2018 3:12 PM To: Steven Fews Subject: Re: Case filed by Bill Darger regarding 33 Hillcrest Ave and lack of heat. Dear Steven, Unfortunately I leave for work at 05:40am. Perhaps I can ask Nick if he could let you in downstairs? What time do you think you would be there tomorrow morning? Or would you be in the area later tonight? (I don't know how late you work.) Also could you please answer this question? In your letter to Bill where you indicated the Laws that they were in violation of, you indicated that they were running an Illegal Boarding House. So with that in mind how could Eviction papers be served on an Illegal Rental? Just Curious. Respectfully Yours, David Breuer On Mon, Mar 5, 2018 at 12:02 PM, Steven Fews <SteveFewsgryebrook.org>wrote: Hi David, sorry I missed your call.That's.what I figured about the now my mother's in charge claim.They may be trying to shift the idea of responsibility to avoid prosecution. 2 As far as s coming by tonight around 7:15, 1 have an appointment in the Bronx tonight at 6:30 and will be leaving the Village by 6:00pm. Perhaps I can come by early in the morning before I head to the court if you will be home? Thank You. Steven E.Fews Assistant Building&Fire Inspector Code Enforcement Village Of Rye Brook steveeews rvebrook.org 914-939-0668 Ph 914-939-5801 fax From: raildave [mailto:raildave(agmail.coml Sent: Monday, March 05, 2018 10:24 AM To: Steven Fews Subject: Re: Case filed by Bill Darger regarding 33 Hillcrest Ave and lack of heat. Good Morning Mr. Steven Fews, Thank you for promptly addressing my e-mails. I attempted to call you, and left a voicemail as I was told you were out in the field. To address your comment about Rena's mother: Yes this threw me for a loop as all along we tenants would only ever be speaking with Rena& Claire and we make out our Rent Checks to Rena Avitabile or Claire Fein. Now suddenly Rena is claiming that her mother is the property owner and is making it out that all decisions stem from her. I do not have any contact information on Rena's mother, and in fact Rena had said her mother was ill and she was taking care of her mother. (So I am very confused at this point.) I would be happy to show you the new boiler in the basement but I will not be home until between 7:00pm- 7:1 Spm as I have Physical Therapy after work. 3 I hope you can come then as I have other issues to discuss with you and show you. Respectfully Yours, David Breuer On Mon, Mar 5, 2018 at 9:14 AM, Steven Fews <SteveFews(7a_,rvebrook.org> wrote: Good Morning Mr. David Breuer, Thank you for your emails. Yes I do remember meeting you on a couple of occasions. You are the gentleman who occupies the first floor room to 2nd to the front when you enter the apartment. You stated in your email that I advised Mr. Darger to withhold rent, that is untrue. I never suggested or advised him to withhold rent, I only question if his rent was paid or still being paid for the record. If a tenant decides to withhold rent because of lack of services that's up to them. The next thing I said to the upstairs tenant Bill Darger was that I have a scheduled court appearance with Rena Avitabile tomorrow in Portchester. I plan to serve her for the no heat violations at that time. Now that I have learned that a new boiler has been installed, and I have no record of a permit being issued for that installation I will be serving on that violation as well. I understand the Rena and Claire have some family and medical issues, yet that should not exempt them from providing heat. In your text and her reply I see that she is referencing her Mother? To your knowledge is her mother active in dealing with the tenants of the house? Is her mother the true owner and/or responsible party? Do you know or have an address for her mother, so she can possibly be served to get the corrections done? Please advise. I would also like to come back to the house again today if you're around to take another look at the basement boiler to see the new installation is and if it was done right? Reply or call the office to let me know what time you will be home? Thank You. Steven E. Fews Assistant Building&Fire Inspector Code Enforcement Village Of Rye Brook stevefews@ryebrook.org 914-939-0668 Ph 914-939-5801 fax 4 -----Original Message----- From: David Breuer [mailto:raildave(a7gmail.com] Sent: Saturday, March 03, 2018 9:27 AM To: Steven Fews Subject: Case filed by Bill Darger regarding 33 Hillcrest Ave and lack of heat. Dear Mr. Fews, My name is David Breuer and I live at 33 Hillcrest Ave. we have met on previous occasions throughout the years. I know you had been speaking and corresponding with now previous tenant Bill Darger regarding a number of infractions here at 33 Hillcrest Ave. He contacted you on our behalf mostly about the lack of heat due to an old broken boiler. I am now coming forward with this as I had withheld February rent as you had advised Bill should be done as there has been no heat since January 18th. While Rena Avitabile's solution was to have distributed Space Heaters, I cannot run one in my room as the electrical system is bad and when I turn one in it trips the circuits. I have endured a frigid room and frigid Bathroom. It's seriously affected my health. On a side note my health had seriously declined due to a extremely rapid onslaught of Osteoarthritis which has severely degenerated my left knee&hip joints, my lower back and my right knee. I am in a constant state of pain and I walk now with a cane. I am due to have the first of several operations at the end of this month. On February 09th Rena had a new Boiler installed in the basement. However it is either not properly connected, or malfunctioning as there still had been no heat which I believe Bill notified you of I have temperature readings I took in my room yesterday and this morning: 5 Steven Fews From: raildave <raildave@grnail.ccm> Sent: Monday, March 05, 2018 9:00 PM To: Steven Fews Subject: Re: Rena & Claire Dear Steve, My wife's in Property Management and she did some investigation on Rena& Claire and she's found another address for them in case you are trying to send anything to them. Respectfully Yours, David Breuer On Mon, Mar 5, 2018 at 3:52 PM Diane Barton <diane 1027(ia gmail.com> wrote: Hi Dave -As discussed, I did a little digging and found another address that might be helpful to your contact at the Village of Rye Brook Code Enforcement office. Rena and Claire have several LLCs set up at an alternate address in Hartford CT. I have attached information on each. I am not sure if any are affiliated with their house in Rye Brook. Please note - all are spelled incorrectly, likely in an effort to avoid legal cases involving them, as I believe if you serve notice on someone, the business name must be accurately spelled. Upon further investigation, I discovered a number of lawsuits in NY and CT involving them. One was a case against them in CT for not refunding a deposit to a former tenant at a property there, and there are several cases where they are the plaintiffs involving trip and fall suits and civil rights violations. Also - Rena is short for "Serena" - and she uses both names, depending on the circumstances. Based on all of the information I discovered,they appear to be very deceitful and cunning. I hope this catches up with them now, as they should not be allowed to continue to intimidate others for their benefit. Please feel free to forward this email to the gentleman who is investigating their housing violations. Talk to you later. Love, -Diane Steven Fews From: raildave <raildave@gmail.com> Sent: Monday, March 05, 2018 10:24 AM To: Steven Fews Subject: Re: Case filed by Bill Darger regarding 33 Hillcrest Ave and lack of heat. Good Morning Mr. Steven Fews, Thank you for promptly addressing my e-mails. I attempted to call you, and left a voicemail as I was told you were out in the field. To address your comment about Rena's mother: Yes this threw me for a loop as all along we tenants would only ever be speaking with Rena& Claire and we make out our Rent Checks to Rena Avitabile or Claire Fein. Now suddenly Rena is claiming that her mother is the property owner and is making it out that all decisions stem from her. I do not have any contact information on Rena's mother, and in fact Rena had said her mother was ill and she was taking care of her mother. (So I am very confused at this point.) I would be happy to show you the new boiler in the basement but I will not be home until between 7:00pm- 7:15pm as I have Physical Therapy after work. I hope you can come then as I have other issues to discuss with you and show you. Respectfully Yours, David Breuer On Mon, Mar 5, 2018 at 9:14 AM, Steven Fews <SteveFewsC&[yebrook.org> wrote: Good Morning Mr. David Breuer, Thank you for your emails. Yes I do remember meeting you on a couple of occasions. You are the gentleman who occupies the first floor room to 2nd to the front when you enter the apartment. You stated in your email that I advised Mr. Darger to withhold rent, that is untrue. I never suggested or advised him to withhold rent, I only question if his rent was paid or still being paid for the record. If a tenant decides to withhold rent because of lack of services that's up to them. The next thing I said to the upstairs tenant Bill Darger was that I have a scheduled court appearance with Rena Avitabile tomorrow in Portchester. I plan to serve her for the no heat violations at that time. Now that I have learned that a new boiler has been installed, and I have no record of a permit being issued for that installation I will be serving on that violation as well. I understand the Rena and Claire have some family and medical issues, yet that should not exempt them from providing heat. In your text and her reply I see that she is referencing her Mother? To your knowledge is her mother active in dealing with the tenants of the house? Is her mother the true owner and/or responsible party? Do you know or have an address for her 1 mother, so she can possibly be served to get the corrections done? Please advise. I would also like to come hack to the house again today if you're around to take another look at the basement boiler to see the new installation is and if it was done right? Reply or call the office to let me know what time you will be home? Thank You. Steven E. Fews Assistant Building & Fire Inspector Code Enforcement Village Of Rye Brook stevefews@ryebrook.org 914-939-0668 Ph 914-939-5801 fax -----Original Message----- From: David Breuer [mai Ito:raildave Pgmail.com] Sent: Saturday, March 03, 2018 9:27 AM To: Steven Fews Subject: Case filed by Bill Darger regarding 33 Hillcrest Ave and lack of heat. Dear Mr. Fews, My name is David Breuer and I live at 33 Hillcrest Ave. we have met on previous occasions throughout the years. I know you had been speaking and corresponding with now previous tenant Bill Darger regarding a number of infractions here at 33 Hillcrest Ave. He contacted you on our behalf mostly about the lack of heat due to an old broken boiler. I am now coming forward with this as I had withheld February rent as you had advised Bill should be done as there has been no heat since January 18th. While Rena Avitabile's solution was to have distributed Space Heaters, I cannot run one in my room as the electrical system is bad and when I turn one in it trips the circuits. I have endured a frigid room and frigid Bathroom. It's seriously affected my health. On a side note my health had seriously declined due to a extremely rapid onslaught of Osteoarthritis which has severely degenerated my left knee &hip joints, my lower back and my right knee. I am in a constant state of pain and I walk now with a cane. I am due to have the first of several operations at the end of this month. On February 09th Rena had a new Boiler installed in the basement. However it is either not properly connected, or malfunctioning as there still had been no heat which I believe Bill notified you of. I have temperature readings I took in my room yesterday and this morning: 2 Steven Fews From: Bill Darger <wi Ilia mdarger@optonline.net> Sent: Monday, February 05, 2018 1:37 PM To: Steven Fews Subject: 33 Hillcrest Ave. Steve, We're still without heat at 33 Hillcrest Ave. The owners believe that the boiler is on and working. We have a few space heaters. I purchased one for my room. Nu-Way brought a few. But, the electric system in the house can only handle of a couple, or they blow a fuse. I blind copied you on an email last Friday to the owners explaining that we are still without heat. Reena responded by text, "Heat is on and fine. Bill please STOP STOP STOP making lies up. I spoke with David and was in touch with Nick just now and they both said heat is fine and on." David and Nick are also tenants. Both say they said no such thing to Reena. Nick pointed out that the night prior, we had a little heat for a couple of hours after I filled the boiler. The owners also tell us Claire has cancer, other relatives are near death and we're not showing respect. Claire often tells me that tenants go down and do damage to the boiler. They have also put the house on the market and there have been showings. The heat went out Thurs. Jan. 18. Nu-Way Heating told Claire on Sun. Jan. 21 that the boiler had a leak and needed to be replaced. Then, the owners hired several plumbers to work on it. On Thurs. Jan. 25 , a plumber told the owners that he fixed the leak and got it running. It ran for about half a day. Since then, when we add water, it runs very weakly for a couple of hours, then shuts off, I assume because the water leaks out. There is often water on the floor. There have been a couple of short stints with heat, but for more than two weeks, there has been no consistent heat. Also, I am moving out at the end of February. I'm concerned that it will be difficult to get my deposit back. I expect they will say that because I informed the Town of our lack of heat, they will withhold the deposit. Do you have any suggestions? best, Bill Darger 914.843.8039 1 July 28, 2014 D ECEgV Rye Brook Building Dept. 1U� Code Enforcement z��4 938 King Street VILLAGE F RYA RaO Rye Brook, NY 10573 BUILDING pip K ARTMCN'- Gentlemen: This is to make you aware of a boarding house that is located at 33 Hillcrest Ave., Rye Brook, NY The back of the house which is located in Rye Brook and Port Chester is a filthy mess with garbage strewn all over the yard. The garbage cans are not in a garbage shed but are left out for all the animals to get into. This is an eye sore and a health hazard to everyone. Please look into this problem property as soon as possible. 1 live in Rye Brook and pay my taxes which are substantial and should not have to live next to this mess or see it when I walk my dog. Rye Brook Resident SUPPORTING DEPOSITION I, _ David Caputo residing at 33 Hilicrest Ave 1st Fl Village of Rye BBrool� State of New Mork, County of Westchester, I make this statement before Steven Fews, duly authorized Enforcing Officer of the Tillage of Rye Brook. I started renting a room at the aforementioned residence from a Ms. Rena Avitabile on or about December 1-12017. The monthly rent I agreed to pay was is 800 12er month for one room and use of one of the two bathrooms. I was informed by Ms. Rena Avitable that in order to make my monthly room rent payment I must go to a TD Bank and deposit the money into her account. I was provided with her account number to make the transactions. I always have made my payments separately. There are 3 or 4 other tenants at the residence that rent other rooms that I have no relationship to. The house has not had consistent heat since January 2018. When I started renting a room I didn't know that this residence was an illegal rooming house. I would also like to know that Ms. Rena Avitabile nor a person named Claire Fien reside at the premises. I submit this statement knowingly and voluntarily to the Enforcing Officer of the Village of Rye Brook. Any false statements made herein are punishable as a Class "A" Misdemeanor pursuant to §210.45 of the New York Penal Law. g Date David Caputo ALEXANDRA H.FRANK rAfk'13► 19 Notary Public,State of New York No.c?iFR6363711 Quailfied in westchestsr County) Commission'Expires August 28,20 JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER ----------------------------------------------------------------------x PEOPLE OF THE STATE OF NEW YORK, Plaintiff, -against- SUPPORTING DEPOSITION RENA AVITABILE and/or CLAIRE FEIN, Index Nos. Defendant. ----------------------------------------------------------------------x DAVID CAPUTO hereby declares under the penalty of penury that the following is true and correct: 1. I currently reside at 33 Hillcrest Ave., 1st Floor in the Village of Rye Brook, State of New York (the "33 Hillcrest"). 2. I have resided at 33 Hillcrest since approximately December 1, 2017. 3. 33 Hillcrest has approximately rooms that are rented or hired out to be occupied for sleeping purposes. 4. I pay approximately $800 per month to rent one room and use one of two bathrooms. 5. There are 3 or 4 other tenants that reside at 33 Hillcrest that I have no relation to. 6. Rena Avitabile and Claire Fein operate and manage the property and hold themselves out as the landlords of 33 Hillcrest. I have never dealt with anyone besides Rena Avitabile or Claire Fein with respect to 33 Hillcrest. 7. At Rena Avitabile's request, I make my rent payments by depositing money into her TD Bank account. She provided me with her account number to make the transactions. 8. Rena Avitabile and Claire Fein do not reside at 33 Hillcrest. 9. 33 Hillcrest has not had consistent heat since January 2018. DAVID CAPUTO Sworn to before me this day of April, 2018 Notary Public somethingreally bad to me. The scared Y Y me and that is why I started looking for other places. If you would like to talk please call me after 7:30pm. Even though you did not supply heat in January February and March I still paid rent while they did not - That shows I'm not a bad person. Sent from my iPhone On Apr 6, 2018, at 9:57 AM, craigslist 6546834190 <wfpxb- 6546834190(cD-hous.craigslist.ofg> wrote: You're still RESPONDING to MY ADS.... this is the 3rd one.... What are you doing???? If you plan on staying you need to PAY YOUR RENT ALONG WITH $100 LATE FEE... If not, you are to be OUT by midnight on the 30th of April. Do not cause problems for your friend Mark. Especiafiy knowing how very close he is to my Uncle. Let's not make this get nasty.... just tell me what you're doing... I want to know TODAY... IF you do NOT respond back to me today..... I will EXPECT you to be gone by the 30th at Midnight..... let's not make this NASTY as there are other people now involved My Uncle and Mark .. And again. I have been in the hospital with my son for the past 2 days... as a father I would hope you can understand what stress im under.... he is very sick... do NOT stress us out more than we are... TELL ME WHAT YOU ARE DOING On Thursday, April 5, 2018, 3:09A4 PM CDT, David Caputo <f408fc9efcf33711 b57a68858722c3e5Cc?reply.craig sc II ist. orr > wrote: Very interested- Dave 914-469-0634 Sent from my iPhone ------------------------------------------------------------------------ Original craigslist post: https://newyork.craigslist.org/wch/roo/6546834190.html About craigslist mail https:llcraigslist.org/aboutthelp/email-relay Please flag unwanted messages (spam, scam, other): https://craigslist.org/mf/dbd464b97Oe4742c3O9545d783 9c1782b4c1a641.1 ------------------------------------------------------------------------ 3 Can we please talk at night soon. Your ` uncle is a wonderful person-one in a million- he is Marks Godfather and Mark is my very very best friend in my life- I'm not a bad person - I'm scared because 2 people constantly tell me you are a dangerous bad person who is capable of doing extremely horrible things to people- one told me you stole someones belongings when the person wasn't there many years ago. What am I supposed to think. I'm afraid you might try n hurt me physically or do something extremely bad to me- I'm scared- I'm gonna talk to Mark tonight and your uncle -call me tonight. Sent from my iPhone On Apr 6, 2018, at 11:20 AM, craigslist 6546834190 <wfpxb- 6546834190(o),hous.craigslist.org> wrote: OMG111... David is being Evicted for NON PAYMENT.... And Anthony has done ILLEGAL things while living in my home.... you're going to } n believe them over me when your best friends knows my Uncle?? The house is NOT illegal (they caused all kinds of trouble but my dad is best friends with the judge and all of that is going to be thrown OUT THE DOORM and you know damn well you had heat... and when the boiler didn't work you had a portable.... Stop listening to them ... and is Anthony still there? I need to know.... they are two idiots who did NOT pay their rents.... and Anthony was doing illegal drugs in my house as you are aware of... when his cousin lived there..... once they are gone we will get 2 decent people... I'm very surprised that you are believing those two jerks... after all you have seen from them..etc... and knowing what a wonderful person my Uncle is..etc... Be your own man. I just need to know what you're doing.... Vincent seems to be the only person with a brain, he said they are TWO idiots who cause trouble..... My parents have owned that house for a million years... it's not illegal... Tell them to live their lives.... and stop bothering you..... just tell me what you are doing,. cause if you are going to leave i already have people interested... On Friday, April 6, 2018, 10:12:54 AM CDT, David Caputo <f408fc9efcf33711 b57a68858722c3e5 re I .crai slist.or >wrote: I'm looking to stay but the other 2 fellas there are telling me to leave because 00.4 t� the entire house is illegal rooms or apts- They also told me since you didn't supply heat in the winter that you are the kind of person that won't ever give me back my security deposit. They both told me to leave immediately before you do 2 Printed: 01/26/2017 VILLAGE OF RYE BROOK PD page: 1 At: 11:50: 12 938 KING STREET RYE BROOK, NY 10573- 1\ (914) 937-1020p Entry/CC#: RB-003622-11 Date: 07/28/2011 Time: 18:48 Tour: pDesk Officer: 1023 Call Type. . . . . : DISPUTE Priority. . : 1 How Received: CALL TO PD Caller. . . . . : PINEIRO, NEFTALY Bus. Name. . : Address. . . . : 33 HILLCREST AVE City/St/Zip: RYE BROOK, NY 10573- Call Back #: (914) 920-1867 Location of Assignment: 33 HILLCREST AVE, RYE BROOK Cross Street. . . . . . . . . . Business Name. . . . . . . . . Description. . . . . . . . . . . : LANDLORD/TENANNT DISPUTE Disposition. . . . . . . . . . . : CIVIL MATTER Post: 47 Dispatched: y Dispatched Date: 07/28/2011 Call Taker: 1039 OFFICERS INVOLVED Serial #: 1044 Rank:PO Name:CHRISTOPHER V RUHE Serial #: 1039 Rank:PO Name:TITUS ALEXANDER UNIT'S INVOLVED Unit: 48 Officers: (1044) Disp. Time: 18: 48 1 Arv. Time: 18:51 1 Comp Time: 19:10 Rcv'd to Comp: 0:22 : : Disp to Comp: 0:22 -------------------------------------------------- Unit: 42 Officers; (1039) Disp. Time: 18:48 1 Arv. Time: 18:51 1 Comp Time: 19: 10 Rcv'd to Comp: 0:22 : : Disp to Comp: 0:22 ASSOCIATED NUMBERS PERSONS INVOLVED Name. . . . . . . . . . :PINEIRO, NEFTALY DOB: 12/14/1962 Address. . . . . . . : 33 HILLCREST AVE City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 920-1867 Sex. . . . . . . . . . . . Race: Person Type. . . :CALLER Name. . . . . . . . . . :AVITABILE, RENA DOB: Address. . . . . . . . City/State/Zip: , NY - Phone Number. . : 8605591143 Sex. . . . . . . . . . . . F Race: Person Type. . . :NOT INTERVIEWED NARRATIVE 1023:07/28/2011 18:50 - Landlord/ tennant dispute. Patrcl48/42 responded. 1023: 07/28/2011 19:10 -Parties advised it is a civil matter and they were referred to Civil Court. Entry/CC# : RB-003622-11 Date: 07/28/2011 Time: 18:48 Tour: pDesk Officer: 1023 Page: 2 1044:07/28/2011 20:05 - RO responded to above location for a landlord tenant dispute. Upon arrival RO met with Neftaly Pineiro who stated that he rents a room on the 2nd floor of 33 Hillcrest Ave. He stated that he was paying rent until July when he lost his job. He stated that he paid the land lord Rena Avitabile the sum of 250 dollars. Ms Avitabile requested 350 dollars more from Neftaly Pineiro otherwise she would evict him by placing his belongings outside of the residence. Mr. Pineiro stated that he promised to pay the rent after he finds employment. Ms. Avitabile was not at the location but a message was left on her phone to contact the PD. RO and PO Alexander went upstairs and observed Mr. Pineiro's living conditions. We observed 3 rooms that were being rented out to Mr. Pineiro and 2 others, sharing a common bathroom and kitchen. A copy of the blotter left with building department for any further investigation on their part. 1023:07/28/2011 20:35 -Ms. Avitable called HQ and stated the tenant is $1000.00 past due and he was given a dead line of tomorrow to pay his rent. I explained to her she needs to take him to court to evict him and she said she understood. Printed: 01/05/2017 VILLAGE OF RYE BROOK PD Page: 1. At: 16: 11:43 938 KING STREET RYE BROOK, NY 10573- (914) 937-1020 Entry/CC#: RB-004485-16 Date: 10/01/2016 Time: 21:35 Tour: pDesk Officer: 1041 Call Type. . . . . : DISPUTE Priority. . : 1 How Received: OTHER POLICE AGENCY Orig Call Type: Caller. . . . . . Bus. Name. . : PORT CHESTER POLICE DEPARTMENT Address. . . . : 350 NORTH MAIN STREET City/St/Zip: PORT CHESTER, NY 10573- Call Back #: (914) 939-1000 Location of Assignment: 33 HILLCREST AVENUE, RYE BROOK Cross Street. . . . . . . . . . : IRENHYL AVENUE Business Name. . . . . . . . . . Description. . . . . . . . . . . : LANDLORD/TENANT Disposition. . . . . . . . . . . : CIVIL MATTER Post: 47 Dispatched: Y Dispatched Date: 10/01/2016 Call Taker: 1041 OFFICERS INVOLVED Serial #:1049 Rank:PO Name:LINDA M DEKONSKI Serial #: 1047 Rank:PO Name:ELLIOT O ASARE UNIT'S INVOLVED Unit: 47 Officers: (1049) Disp. Time: 21:35 1 Arv. Time: 21:38 1 Comp Time: 22:35 ` Rcv'd to Comp: 1:00 : : Disp to Comp: 1 .00---------------------------------------------- �4 Unit: 48 Officers: (1097) Disp. Time: 21: 35 1 Arv. Time: 21:39 1 Comp Time: 22:35 Rcv'd to Comp: 1:00 . . Disp to Comp: 1:00 ASSOCIATED NUMBERS Blotter # :RB-004528-16 Call. Type: HARASSMENT PERSONS INVOLVED Name. . . . . . . . . . :FEIN, CLAIRE DOB: 10/29/1969 Address. . . . . . . :33 HILLCREST AVENUE City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (860) 599--1456 Mobile Number. . : (860) 599-1456 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :AVITABILE, RENA S DOB:09/22/1966 Address. . . . . . . :33 HILLCREST AVENUE City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (860) 559-1456 Mobile Number. . : (860) 559-1456 Sex. . . . . . . . . . . :F Race: Person Type. . . :COMPLT./VICTIM i ' I . Entry/CC#: RB-004485-16 Date: 10/01/2016 Time: 21:35 Tour: pDesk Officer: 1041 Page: 2 Name. . . . . . . . . . :EVANS, JOSHUA J DOB: 03/20/1987 Address. . . . . . . :33 HILLCREST AVENUE APT# FL 1 City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 565-5994 Mobile Number. . : (914) 565-5994 Sex. . . . . . . . . . . :M Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . ..PAREDES, STEFANY DOB:01/24/1992 Address. . . . . . . :2 CAMBRIDGE CT City/State/Zip:NEW ROCHELLE, NY 10004- Phone Number. . : (917) 683-6040 Mobile Number. . : (917) 683-6040 Sex. . . . . . . . . . . :F Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . :SAUNDERS, ANTHONY J D02:02/17/1971 Address. . . . . . . :22 HIGHVIEW AVE City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 760-1198 Mobile Number. . : (914) 760-1198 Sex. . . . . . . . . . . :M Race: Person Type. . . :PERSON INTERVIEWED NARRATIVE 1041: 10/01/2016 21:35 - PCPD reported via the department radio that there was some type of domestic incident between a landlord and a tenant at 33 Hillcrest Avenue where the tenant was attacked by the landlord. PCPD stated that the caller informed him that it can be accessed by the rear off of Fairview Avenue. 47 and 48 dispatched. 1041:10/01/2016 21:49 - 48 reported that they were in the process of speaking to the parties and it was a landlord/tenant dispute only. 48 reported that it was not a domestic incident; the parties were not related. 1041: 10/01/2016 22:20 - Status checked. 48 called and stated that the male party was going to leave for the night and stay elsewhere. 48 reported that the male party would lock his room so the landlord would not enter. 48 reported that two female landlords rent individual rooms out to people. 1041:10/01/2016 22:35 - 47 reported that the tenant left the premises for the night. 1049: 10/02/2016 07:23 - I responded with Officer Asare to 33 Hillcrest Avenue on a report of a possible altercation between a landlord/tenant. Upon arrival we spoke with Joshua Evans (previous address on NY license- 65 Wesley Ave. Apt 1C, Port Chester, NY 10573) , Claire Fein and Rena Avitabile. Mr. Evans stated he rents a room at 33 Hillcrest Avenue from Ms. Fein and Ms. Avitabile. Mr. Evans was observed to be intoxicated and stated he had consumed. 2-3 beers. Mr. Evans stated that he was confronted by Ms. Avitabile and Ms. Fein while in his bedroom with his girlfriend, Stefany Parades, regarding him leaving Entry/CC#: RB-004485-16 Date: 10/01/2016 Time: 21:35 Tour: pDesk Officer: 1041 Page: 3 and not paying the rent. He stated that he had paid the rent to stay at the residence through the end of October but was annoyed that they had shut off the WIFI. Mr. Evans stated that they tried to push open the bedroom door while yelling at him about the rent. Mr. Evans stated he pushed back on the door, knocking it into Ms. Avitabile. We also spoke with Ms. Parades, who confirmed his story; stating she was scared and couldn't understand why they were yelling at him. Ms. Avitabile, however, stated that Mr. Evans had hit her in the face with his hand. Ms. Avitabile's right cheek was observed to be red but not bruised, scratched or bleeding. There were no marks observed on her cheek. Ms. Avitabile was asked multiple times by both myself and Officer Asare if she wanted to be checked out by EMS but refused and stated she would go to the hospital with Ms. Fein. Ms. Avitabile wanted to press charges against Mr. Evans for assault but was advised that there was no observable injury to her face. Both Ms. Fein and Ms. Avitabile stated they were fearful for their safety and the safety of their two children, Jacob Fein-Avitabile (DOB 12/31/2008) and Sammy Fein-Avitabile (DOB 05/10/2011) . The children were not home at the time of the incident and only returned to the residence after Ms. Fein called their friend Anthony Saunders to come over. Mr. Evans stated that Ms. Fein and Ms. Avitabile and their children do not reside at the home because all the rooms were taken. Ms. Avitabile stated that they do in fact live there. Ms. Avitabile and Ms. Fein both stated that the tenant had skipped rent payments and was currently two months behind in rent and just wanted him out of the house. Mr. Evans stated he has been renting the room for five months. Mr. Evans was advised that due to the nature of this incident he was not permitted to remain in the residence for the evening. Mr. Evans was however permitted to retrieve his belongings and lock his bedroom which was observed by Officer Asare. Mr. Evans was further advised to find another place to live. Due to Mr. Evans' intoxicated state, he was advised to take a cab. Ms. Fein and Ms. Avitabile were then advised to go to Court on Monday and start the eviction process. 1023:10/02/2016 21:44 - Copy of Blotter sent to building Department for possible violation of Building Code. 1022: 10/05/2016 13:35 -Comp, Avitable came to HQ this date to provide a. written statement based on what she said was the advice of Lt. Matthews. Said statement left for the Det's in order to be scanned and added to report. Certified by Dated: Approved by Dated: Printed: 01/11/2017 VILLAGE OF RYE BROOK PD YdCjC: At: 12:13:28 938 KING STREET RYE BROOK, NY 10573- (914)937-1020 Entry/CC#: RB-004528-16 Date: 10/04/2016 Time: 18:56 Tour: PDesk Officer: 1042 Call Type. . . . . : HARASSMENT Priority. . : l How Received: WALK IN Caller. . . . . . Bus. Name. . . Address. . . . . City/St/Zip: Call Back #: Location of Assignment: 938 KING STREET, RYE BROOK Cross Street. . . . . . . . . . . Business Name. . . . . . . . . : RYE BROOK VILLAGE OF Description. . . . . . . . . . . : LANDLORD TENANT DISPUTE Disposition. . . . . . . . . . . . BLOTTER REPORT Post: 48 Dispatched: Y Dispatched Date: 10/04/2016 Call Taker: 1042 OFFICERS INVOLVED Serial #:1043 Rank:PO Name:DAVID J CRYESKI UNITS INVOLVED Unit: 47 Officers: (1043) Disp. Time: 19:07 � Arv. Time: 19:10 I Comp Time: 19:25 Rcv'd to Comp: 0:29 : : Disp to Comp: 0:18 ASSOCIATED NUMBERS Blotter # :RB-004485-16 Call Type: DISPUTE PERSONS INVOLVED Name. . . . . . . . . . :EVANS, JOSHUA J DOB:03/20/1987 Address. . . . . . . :33 HILLCREST AVENUE APT# FL 1 City/State/Zip:RYE BROOK, NY 10573- Phone Number. . : (914) 565-5994 Mobile Number. . : (914) 565-5994 Sex. . . . . . . . . . . .M Race: Person Type. . . :PERSON INTERVIEWED Name. . . . . . . . . . .QUINN, EDWARD P DOB:11/09/1959 Address. . . . . . . :219 NEUTON AVENUE City/State/Zip:RYE BROOK, Phone Number. . : (914) 937-5753 Mobile Number. . :914-469-6479 Sex. . . . . . . . . . . .M Race:WHT Person Type. . . :NOT INTERVIEWED Name. . . . I . . . . . :DE VITTORIO, MICHAEL DOB: Address. . . . . . . :209 WESTCHESTER AVENUE City/State/Zip:PORT CHESTER, NY 10573- Phone Number. . :914-939-1661 Sex. . . . . . . . . . . .F Race: Person Type. . . :NOT INTERVIEWED Entry/CC#: RB-004528-16 Date: 10/04/2016 Time: 18:56 Tour: pDesk Officer: 1042 Page: 2 NARRATIVE 1042:10/04/2016 19:09 - Walk in for a tenant complaining of harassment from landlord: 47 took report. 1043:10/04/2016 19:18 - Joshua Evans (PR) came to police headquarters to report that his landlord Claire Fein (PI) had called Chief Quinn (NI) of the PCFD and stated that Evans had assaulted her and that he was a drug addict and a drunk. Evans heard this through Chief De Vittorio (NI) who contacted him today around 1510 hours. Evans was advised to have Chief Quinn come to police headquarters if he wished to have a harassment case report completed. AYE eRook RYE iBR®K POLICE DEPARTMENT 938 King Street, Rye Bradk, N.Y. 10573w"i N v Police Department (914) 937-1020 ' "2 Administrative (914) 939-8320 Fax (914) 939-8215 . 19812 . POLICE DEPARTMENT CHfEF OF POLICE Gregory J.Austin SIR# VV/ �/ Arrest# �7 f Date: me:/ Ti ! 1<✓1 Place: AV I, the undersigned, A t �l ( � ,Telephone# : -6 0 of 35 -' kff5'� NE, 1 _being !� years of age, do hereby make the following statemrrit. I make this statement voluntarily and of my own free will: L)XI &-7-- /S-,— 20/f� I�7 _1�JU fe- _I- a-'10 a'.� i• _ ha i • 4ee - C,/a/ 7e' �v/�,� Lr.G + �fi rC /Ia��i �'�1Y ✓�i 4 f. e3= � SID , �el I have read this Statement and the facts contained are true and correct. FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS"A' MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW OF THE STATE OF NEW YOU - Sworn to before me this day of , Signed: Year Print: Witness: xL Witness: U.F.05 08104 (1) r Rye Brook Police Department Ck 938 King Street Rye Brook,NY 10573 914 937 1020 Statement of: L' j11,7 Date: Age: Tele. 4 - - /` f Vy4 �7r J fi'Pq`fOo '� 7L .r Ste, f`1 fT�G�1 s' l7lY�ri C�"�- .-� /�/_�a.-►, ��s-s, Cl -lry �� �9�' k / L!' '� i' .f� f U c. fLC/r _ -'�e '''fu c f �7 -7�Cr -��'vn, �/(�i� �'"� 4� �W rG�r=�'� �✓�/fie �'+r ��l/ S r� K-74 4,,? Ae r 4 r! o yC11✓ r�. n/P � rc;f ,- � r f cam ' Gam, 7 1 have read this statement and the facts contained therein are true and correct.. FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS"AS'MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW OF THE STATE OF NEW YOR C SWORN TO BEFORE ME THIS Day of Signed: Print: Witness: Witness: U.F.06�2)8t04 (2) j Rye Brook Police Department - 938 King Street �tje' Rye Brook,NY 10573 914 937 1020 Statement of. �/� Date: 1 C)/ C� Age: Tele.# T 16 C7W t Pl K U n _ T/h G� r`i l !�•, I�] J�.G-J'1 L�i/I.s y'G Gv <��7J' �v ` f �!�it i ��1c.•� lid•. �/� 1r•Ir7�Ic �Uc�� 7i�/���, �Lt�---•—�l� ^ '7T�'r? 4�r /:v�'.,� C', •-f- �n t �4�` --�4�..-� r�p✓ l CG�'lt l° oyr2 vi 11k1c, t* r� �► ` O r to t n + _S 0/1 0i7 G V Gi �rJ' t. �7Ci'1, /hj7 -D'-1 x -gox— b eft !f•C r��' .t I have read this stateunent and the facts contained therein ere true and correct. FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS"A"MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW OF THE STATE OF NEW YORK. SWORN TO BEFORE ME THIS Day of Signed: 4AL==._ Print: witness: witness: U.F.06�2)8104 (2) 1 Rye Brook Police Department 938 King Street f "92 Rye Brook,NY 10573 9I4 9371020 4 Statement of f le Date: f� / Age: Tele. # -TT . l y—f; 4`7- -Pr y' -14 C, _6, S �f G If C42 o MrAer � 1a,_re and 7 e'xpla�n r( x S re So(vco( rr cc m o vr A►M 4rcvl Akre ou Se o r `+o Qr�rr r-1 X i m �+f_ 1 T Ve Sf E� i�� r Y�_ LlreO 4n44 Rrofec+ 61'"'1 Jr i ' 1"na 1CJ4 fn L,��i Am 4A 4c oo�l (e .-. 4b %I - V eave u r `t �i I have read this statement and the facts contained therein are true and correct. FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS"A"MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW OF THE STATE OF NEW YORX SWORN TO BEFORE M.E THIS Day of Signed: Print am a AV( � t witness: U.F.06X2)VO4 (2) Rye Brook Police Department 5 938 King Street Rye Brook,NY 10573 914 937 1020 Statement of: � // �(� Date- Age: Tele. A ` ram f�ca r , (.f tit 4u(c ��Gam' plc, 4) ep 2nC daL) 64e rl4ej ail leelZe I have read this statement and the facts contained therein are true and correct, FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS"A"MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW OF THE STATE OF NEW YORK. SWORN TO BEFORE ME THIS Day of Signed: Print: 4 �`7` Witness: ,„�„_ witness: U.F.06�2)8/04 {2) Printed: 01/26/2017 BLOTTER SUPPLEMENTAL NARRATIVE REPORT Page: 1 Department:VILLAGE OF RYE BROOK PD Blotter/CC #: RB-004485-16 Narrative #: 1 Officer Rank/Name: DET RYAN P GILCHRIST Narr: 1035:10/25/2016 11:56 - At approximately 1030 hrs this date myself and D/Sgt Wilson attempted to be make contact with Joshua Evans at his last known place of employment, Empire Towing located at 152 Virginia RID White Plains, NY. Upon our arrival we were informed by the company owner that Evans no longer worked there as he was arrested a couple of weeks earlier for DWI while on duty operating a tow vehicle. We next traveled to 33 Hillcrest Ave in an attempt to locate Evans at his residence. We received no answer at the doer but did speak to Bill Darger (914-843-8039) a resident residing on the 2nd flr of the home. In our conversation with Darger he advised that three individuals including himself lived on the 2nd flr. Darger also informed us that the landlord, Rena Avitable did not reside at the location. Darger believed that Avitable lived in Hartford CT. Signature D.O. : Sqd. Superv. : 1C '-' RPD 0528 04/07 User ID:lap?-Laurie Pellegrino 1 11 !!I II III II u lull 4609? 528RPDJ Created:04/07/2006 Dept: 097 System: 052 Control Number: 460970528 Parent Ctrl#: 460970526 Document Type: RP-5217 Page Count: 1 Submission Package: 32975 - (JOHN COLANGELO) Land Deal: 57966 Comment: First Party Information: RENA S AVITABILE Second Party Information: RENA S AVITABILE Submitter Information: JOHN COLANGELO 211 SOUTH RIDGE ST RYE BROOK, NY 10573 ATTN: PLEASE TYPE OR PRESS FIRMLY WHEN WRITTIRG-0—N—FURM INSTRUCTIONS:httpVl www.orps.stat&.ny.us'or PHONE (5M 473-7222 FOR COUNTY USE ONLY Cl.SWIS Code o REAL PROPERTY TRANSFER REPORT I l ��I STATE OF WW YOR% C2.Date Deed Recorded STATE BOARD OF REAL PROPERTY SERVICES L_ - MlmthDay veer I E RP - 5217 C3.Book C4.Page % RP-et IT leer 3- 'PROPERTY INFORMATION t.Praputy I 33 I HITLCREST AVENUE jLoeaelaa srsEEt NUMstR smEer NAME I TOW OF RYE I RYE BROOK/PORT CHESTER 1 10573 I Cfrr oR Towel —dr aP rnae I •BIrYr AViTAflIIE RFNA S. II Name ICOMPArry FIRST NAW I; FEIN C AIRE 1 LAST NAMF I CDWAIrY FaraT NAIL 3 Tax Indicate where future Tex Bills ere to be sent 1 Billing-if other than buyer.addrec fat bottom of form) I I Ih Address UST NAME:'COMPANY FIRST NAME ' STREET NailER AND 3T11fET NAaE Cl-OP TCYIN STATE ZIP CODE III.Indicate the number of Ariaesamant 1 (One at a Partial] a l]ChKk r bpply: Roll parcels transferred on the dead I a of Peri;eis OR ❑ Pert of a Parcel (Only B Prt n IA.Planning Board with Subdivision Mdhdriry Exists I5.Dead a$.Subdivision Approval was Required for Transfer II Proporgr WMX 100 I X 200 OR I I SIC Parcel Approved lox Subdivision with Map Providod size FaDNI FEET DEM ACRES 1' EJ 1,i..Sell. I AVITAATTF I RFtan 4 { 1 Neme LAST NAME I COMIaY row NAME e 'I �I . .i• I EAST NAME 1 C'DMPANy 1 FIRST EFr11ME f 117.Cheek the box below wNch most accurately deaaibes the uea of the property at the 41"of sale: Check the boxes below as thsy apply: B.Ownership Type is Condominium Al Family Residential E Agricultural I Comwunity Service 9.New CormnEction on Vacant Land FI B 2 or 3 Family AesidentiaE F Cammartial i M ] nduatnal 10A.Property Located within an Ag cultural District ice ED O Residenhal Vacant Land G Apartment K Public Service COB.Buyer received a discfosum notice indicating {-� �I D Non-Residential Vacant Land H Entertainment Amusement ], Forest that the property is in m Agricultural District 4J SALE INFORMATION 15.Cheek one or more o1 these conditions to app5cahls to trensfsh 111.Sale Contract Dote N/A 1 / / I A Sale Between Reiatrves or Former Relatives month ear B Sale Between Related Cmn Ixnles or Partners in Busirhess r� r // C X One of the Buyers iS eI.D a Seller p12.Data of Sale J Transfer D.C7 D Buyef or Seller Is Government Age"or Lending Institvtlon II 1i/oft Day ysah E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify,Below) r'19.Full Sale Price �I__ 1 (1 0 0 { G significant Change in Property Between Taxable Status and Sale Den ' e H Sale of Butinew is Included in Sale Price (Ful!Sale Price is the total amount paid for the property inducing personal property_ I Other Unusual Factors Affe timV Sale Price ISpec>fy Below! This payment may be m the form of cash,other property or goods.,or the assumption of j None mongages or other obligations-I Pfease round to the nearest whole dollar amount. Z �SF� ^I1a.lind BY property tlne Salad In he anal I le property included M the sale "+ [ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Rcll and Tax Bill 4 0 0 0 0 15.Year of Assessment Roll from 1 5 9 4 0 0 which urm oation taken 10 .5 1 11.Total Assessed Value fof all p—ho in"nsferl 5 3 5 5 0 0 y 1 1,18.Property Class 1 .01I-u 19.School District Neme ` "'Or'tr CMESTM/M UFSD #4 20.Tex Map Idemiflarfsl!Roll Identifier(al the more then four,attach Sheet with additional Ickin fNrtsll SECI°ION 135.76, SrOx,'X 3, :M'S 11 & 121 I SECTION 135.76 Block 1 Lot 57 _ I [j;CERTIF#CATION r,I certify that all of the Metres of information entered on thk Farm are true and curtcct;to the hest of my knowledge and befiefl and T understand that the making. 1IOf any a•91fo1 fake sulemehil a(metersl fact f—hr well subject mar to the ptm,LAons of the Br•+ad law relative to the making and flling of false invi vments. I• i BUYER BUYER'S ATTORNEY i if fife�� I 13 6 COLANG LO Il T H SIONAThIaE I JQ11N B. aO R RATE •ASP MnME tew rrRlsE I 33 I H=C'RRSI AVENUE 914 { 939-0002 I1 $TR[ET NUMe[P SthrEET NAME iwrTta aAlE+ aqr♦..^OF T£'.EEFhOhf NUArrR i• �I TOM OF RYE I NY 110573 i^ tern on To x STATE ZIP coot �— SELLER [NEWYIDRK.STATE �i 1 COPY EIIIIIIII�n�ll��� �ll�l{IIII��II *460970525DEDI* Control Number Instrument Type 460970526 DED T WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE (THIS PAGE FORMS PART OF THE INSTRUMENT) *** DONOTREMOVE*** THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT: DED-DEED FEE PAGES: 4 TOTAL PAGES: 4 RECORDING FEES MORTGAGE TAXES STATUTORY CHARGE $6.00 MORTGAGE DATE RECORDING CHARGE $12.00 MORTGAGE AMOUNT $0.00 RECORD MGT.FUND $19.00 EXEMPT RP 5217 $75.00 TP-584 $5.00 COUNTY TAX $0.00 CROSS REFERENCE $0.00 YONKERS TAX $0.00 MISCELLANEOUS $0.00 BASIC $0.00 ADDITIONAL $0.00 TOTAL FEES PAID $117.00 MTA $0.00 SPECIAL $0.00 TRANSFER TAXES CONSIDERATION $0.00 TOTAL PAID $0.00 TAX PAID $0.00 SERIAL NUMBER: TRANSFER TAX# 11478 DWELLING: RECORDING DATE: 4/26/2006 THE PROPERTY IS STTUATED IN TIME: 14:09:00 WESTCHESTER COUNTY,NEW YORK IN THE: TOWN OF RYE WITNESS MY HAND AND OFFICIAL SEAL TIMOTHY C.IDONI Record&Return to: WESTCHESTER COUNTY CLERK JOHN COLANGELO 211 SOUTH RIDGE ST RYE BROOK,NY 10573 r QUITCLAIM DEED) INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8009 � CAUTION;THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCSER BE F RE SIGNING. THIS INDENTURE,made the s day of two thousand, between RENA S.AVITABILE, 33 Hillcrest Avenue,Rye Brook,NY 10573, party of the first part,and RENA S.AVITABILE and CLAIRE FEIN,as Joint Tenants with Right of Survivorship, 33 Hillcrest Avenue,Rye Brook,NY 10573, �— party of the second part, WITNESSETH,that the party of the first part„for no consideration,paid by the party of the second part,does hereby remise,release and quitclaim unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL of Grantor's right,title and interest in and to ALL those certain plot,piece or parcel of land,with-the buildings and improvements thereon erected,situate,lying and being in the Village of Rye Brook,Towof;Rye;County of Westchester and State of New York,designated as Lot No. l shown on a certain map entitled,"Property of Paul Avitabile and Sarina Avitabile,filed in the Office of the Westchester County Clerk,Division of Land Records,on April 28, 1989,as Map No.23692,and being more particularly bounded and described as follows; BEGINNING at a point on the East side of Hillcrest Avenue,said point being the intersection of the division line between Lot No. I and Lots No. t05 and 128 as shown on Filed Map No.912 with the East line of Hillcrest Avenue; RUNNING THENCE easterly along said division line,South 79 degrees 29 minutes East 200.00 feet to a point on the West line of Fairview Avenue; IA „1„r,. zr4 RUNNING THENCE southerly along the West line of Fai`.t" -,rn ,.South 10 degrees 31 minutes West 47.00 feet t a point; RUNNING THENCE westerly along the southerly boundary of Lot No. I and through Lot No. 127 as shown on Filed Map No.912,North 79 degrees 29 minutes West 90.10 feet to a point; RUNNING THENCE southerly through Lot No. 127 as shown on Filed Map No,912,South 10 degrees 31 minutes West 3.00 feet laa point; RUNNING THENCE.westerly along the division line between Lot No. I and Lot No.2,North 79 degrees 29 minutes West 109.90 feet to a point on the East line of Hillerest Avenue; RUNNING THENCE northerly along the East line of Hillcrest Avenue,North 10 degrees 31 minutes East 60.00 feet to the point or place of BEGINNING. Reserving,however,to SARINA AVITABILE,the exclusive right to the possession and to the use and enjoyment of said house and real property being conveyed herein,being occupied by SARiNA AVITABILE for and during;the natural lifetime of SARINA AVITABILE,and the use and enjoyment of the rents,issues and profits of said premises for and during the natural lifetime of SARINA AVITABILE Subject to that certain mortgage held by Bank of America in the original principal sum of Three Hundred Sixty Five Thousand($365,000.00)Dollars dated January 26,2005,executed by the party of the first part as mortgagor and that the parties of the second part hereby assume and covenant to pay such mortgage debt. Being and intended to be the same premises conveyed to the party of the first part herein by deed dated April 13, 1999,and recorded in the Office of the Clerk of the County of Westchester,Division of Land Records on 7/21/1999 in Liber 12334,at page 230. Said premises also being known as Section 135.76,Block 3,Lots I 1 & 12 and-Section I35.76, Block 1,Lot 57 on the Tax Assessment Map of the Town of Rye,New York. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. NYSBA PRACTICE FORMS 3198 RE067.08 _I. The word"party"shall be construed as if it read"parties'l.whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE O,F- ENA S.AVITA IL CLAIRE FEIN STATE OF NEW PORK ) ss.:. COUNTYOF1WESTCHESTER) On the day of�in the year 2D0(�,before me,the undersigned,personally appeared RENA S.AVITABILE and CL 1RE FEIN, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities,and that by their signatures on the instrument,the in • i s,or the person on ehaIf of whom the individuals acted,executed the instrument. NOTARY 71C tl OOLM 1r it k fffIn Waarchaetot 0,24, f 6lr0^.Ft n fine JuIY�i,la-�.r, I AVITABILE RETURN BY MAIL TO: TO JOHN B. COLANGELO,ESQ. 211 South Ridge Street AVITABILE&FEIN Rye Brook,NY 10573 Section: 135,76 135.75 Block: 3 1 Lots: 11 & 12 57 Premises: 33 Hillcrest Avenue, Rye Brook,NY 10573 Town of Rye County of Westchester R'EO6T.08 NYSBA PRACTICE FORAMS 3498 _I- ,S 7 WESTCHESTER COUNTY CLERK RECORDING SHEET 110 Df.'l 6Mh Luther King,Jr. Boulevard White Plains, NY 10601 THIS FORK{MUST 13E COMPLETED AND SUBM17T p WITH EACH DOCUfu1EtIT 4' This page is part of the Instrument:the County Clerk will rely on the Inrormatlon provided on this Page for purposes of indexing this document. �To the best of the submittees knowledge the information contained on this Recording-Sheet Is consistent with the information contained In the attached document.. SUBMMM TNPORMATION; TitloNumbor. Compsny JOHN 13. COL Address: 211 SOUTH RIDGE ST. City State; _Zip: Telephone; +r��113 t70dti Attention: DocumKt"w, #of °s_ p g Mortgage Amount Dwehin 3 a,Fege csdaaumeot gType: For Mortgage only iat part' e(s)(l.e,grantor/mortgagor) Bu,lneea $ on pe ofdoaument ©1Pege _etdooument Entity Oil ❑ t to 2 family ❑'` ConsiderationlConveyanceAmt: 125:I to 6 fam2y ❑ ❑ Not 1 to 6 family ❑ trheckifsubmltted: {� 5217- ❑$75 ❑$i65 -584.I�e of property conveyed[I through 8]�T Q M iT-2663 2ndparty amo(s)(i,c,•grantaelmort a ea TAXES PAID; Da Pagb�of doevmunt g g eualnrsi RCferen46# Entity Amount Or Check# :i Mortgage Tax S Trattsfor Tax Martsian Tax '.-y' RECORDING lQ PEES PAID: Amount Reference# . or Check#• Tax designadorr (Sectlon,Block&Lot) / On a e 1MORTGAGETAXAIVMAVITS'SUJBMITPEII; P 8 �ardoovmont ❑ 252 Q 255 13.280 Other. r Y Q 253 M 260 ❑ 339-ca, City(ies)or Town(a)'for Property Description Cross Iteference(a): onpaso.� ._cfd°eumeat Qn page zcfdoaumont Property Description--If required,ohmk the one contained within the document. Retard and Retum To: . ` `�Metea&iiavnds C4Pege�afdavumant JUHN B. COLANGE , Q Lot number on map fled in the Of$ce of the County Clerk RYE BROOK, NY 10673 El Refer to dead recorded is the Of$ce of the County Clerk I tnndRacord31C0Ver3heef.doc reviaed 05t30105 4riN -x v 19 P t450490686MTGM, Control Number WIID Number Instrument Type 450490686 2005049-000285 MTG � ER WESTCHESTER COUNTY RECORDING AND ENDORSEMENT PAGE (THIS PAGE FORMS PART OF THE INSTRUMENT) 3 *** DO NOT REMOVE SEpL THE FOLLOWING INSTRUMENT WAS ENDORSED FOR THE RECORD AS FOLLOWS: TYPE OF INSTRUMENT MTG-MORTGAGE FEE PAGES 23 TOTAL PAGES 23 RECORDING FEES MORTGAGE TAXES STATUTORY CHARGE $6.00 MORTGAGE DATE 01/26/2005 RECORDING CHARGE $69.00 MORTGAGE AMOUNT $365,000.00 RECORD MGT. FUND $19.00 EXEMPT Yes RP 5217 $0.00 TP-584 $0.00 COUNTY TAX $912.50 CROSS REFERENCE $0.00 YONKERS $0.00 MISCELLANEOUS $0.00 BASIC $1,825.00 ADDITIONAL $887.50 TOTAL FEES PAID $94.00 SUBTOTAL $3,625.00 MTA $912.50 TRANSFER TAXES SPECIAL $0.00 CONSIDERATION $0.00 TOTAL PAID $4 537.50 TAX PAID $0.00 TRANSFER TAX# SERIAL NUMBER CV88171 DWELLING 1-2 Family RECORDING DATE 04/06/2005 THE PROPERTY IS SITUATED IN TIME 11:30:00 WESTCHESTER COUNTY, NEW YORK IN THE: TOWN OF RYE WITNESS MY HAND AND OFFICIAL SEAL LEONARD N.SPANO Record&Return to: WESTCHESTER COUNTY CLERK BANK OF AMERICA JACKSONVILLE POST CLOSING 9000 SOUTHSIDE BLVD.,BLDG 700 FILE R] JACKSONVILLE,FL 32256 rev CA�s,� Return To: LOAN 4 6259820014 � 3 -74 5 - FL9-700-01--01 13 - Q JACIKSONVILLE POST CLOSING 5 7 L BANK OF AMERICA 9000 SOUTHSIDE BLVD. , BLDG 700, FILE RECEIPT DEPT. JACKSONVILLE, FL 32256 +�,{� Prepared By: KHUSHBOO LOT I A C)(OO`�' BANK OF AMERICA, N.A. p � - 1400 BEST PLAZA DR, STE 101 RICHMOND, VA 23227 31 r [Space Above This Line For Recording Data] LOAN #f 6259820014 MORTGAGE WORDS USED OFTEN IN THIS DOCUMENT (A) "Security Instrument." This document, which is dated JANUARY 26, 2DO5 together with all Riders to this document, will be called the "Security Instrument." (B) "Borrower." RENA S AV I TAB I LE and SARTNA AVITABILE (as to a life estate) whose address is 33 H I LLCREST AVENUE ,PORT CHESTER NY 10573 , sometimes will be called "Borrower" and sometimes simply "I" or "me." (C) "Lender." BANK OF AMERICA, N.A. will be called "Lender." Lender is a corporation or association which exists under the laws of THE UNITED STATES OF AMERICA Lender's address is 1400 BEST PLAZA DR, STE 101 , RICHMOND, VA 23227 (D) "Note." The note signed by Borrower and dated JANUARY 26, 2005 , will be called the "Note." The Note shows that I owe Lender THREE HUNDRED S I XTY F I VE THOUSAND AND 001100 Dollars (U.S. $ 365,000.00 ) NEW YORK - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -6NY)ioons-i Form 313 J 1l61 � PvMP Mo P 9 rt e • Solutions, Inc.tial 1521.7281 CVNY 01/25105 1:13 PU 6259020014 �� I�14��� Ii��1II�1I�I I lilllll� 1 5 plus interest and other amounts that may be payable. I have promised to pay this debt in Periodic Payments and to pay the debt in full by. FEBRUARY 01 , 2035 (E) "Property." The property that is described below in the section titled "Description of the Property," will be called the "Property." (F) "Loan." The "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Sums Secured." The amounts described below in the section titled "Borrower's Transfer to Lender of Rights in the Property" sometimes will be called the "Sums Secured." (H) "Riders." All Riders attached to this Security instrument that are signed by Borrower will be called "Riders." The following Riders are to be signed by Borrower [check box as applicablel: Adjustable Rate Rider ❑Condominium Rider . Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] (I) "Applicable Law." All controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions will be called "Applicable Law." (J) "Community Association Dues, Fees, and Assessments." All dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization will be called "Community Association Dues, Fees, and Assessments." W "Electronic Funds Transfer." "Electronic Funds Transfer" means any transfer of money, other than by check, draft, or similar paper instrument, which is initiated through an.electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Some common examples of an Electronic Funds Transfer are point-of-sale transfers (where a card such as an asset or debit card is used at a merchant), automated teller machine (or ATM) transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items." Those items that are described in Section 3 will be called "Escrow Items." (M) "Miscellaneous Proceeds." "Miscellaneous Proceeds" means any compensation,settlement, award of damages, or proceeds paid by any third party (other than Insurance Proceeds, as defined in, and paid under the coverage described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) Condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of Condemnation or sale to avoid Condemnation;I or (iv) misrepresentations of, or omissions as to, the value andror condition of the Property. A taking of the Property by any governmental authority by eminent domain is known as "Condemnation," (N) "Mortgage Insurance." "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment." The regularly scheduled amount due for (i) principal and interest under the Note, and (ii) any amounts under Section 3 will be called "Periodic Payment." (p) "RESPA." "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. SA Initials: —G(NY) woosia, Form 3033 1101 CYNY 01125/05 1:13 PM 5259820014 I e . T 1 BORROWER'S 'TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I mortgage, grant and convey the Property to Lender subject to the terms of this Security Instrument.This means that, by signing this Security instrument,I am giving Lender those rights that are stated in this Security Instrument and also those rights that Applicable Law gives to lenders who hold mortgages on real property. 1 am giving Lender these rights to protect Lender from possible losses that might result if I fail to: (A) Pay all the amounts that 1 owe Lender as stated in the Note including, but not limited to, all renewals, extensions and modifications of the Note; (B) Pay, with interest, any amounts that Lender spends under this Security Instrument to protect the value of the Property and Lender's rights in the Property; and (C) Deep all of my other promises and agreements under this Security Instrument and the Note. DESCRIPTION OF THE PROPERTY I give Lender rights in the Property described in (A) through (G) below: (A) The Property which is located at 33 H I LLCREST AVENUE [Street] }AYE BROOK [City.Town or village], New York 10573 [Zip Code]. This Property is in WESTCHESTER County. It has the following legal description: "LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. " (B) All buildings and other improvements that are located on the Property described in subsection (A) of this section; (C) All rights in other property that I have as owner of the Property described in subsection (A) of this section.These rights are known as "easements and appurtenances attached to the Property;" (D) All rights that I have in the land which lies in the streets or roads in front of, or next to, the Property described in subsection (A) of this section; (E) All fixtures that are now or in the future will be on the Property described in subsections (A) and (B) of this section; (F) All of the rights and property described in subsections (B) through (E) of this section that I acquire in the future; and (G) All replacements of or additions to the Property,described in subsections (B) through (F) of this section and all Insurance Proceeds for loss or damage to, and all Miscellaneous Proceeds of the Property described in subsections (A) through (F) of this section. Inilie (:M —MN'Y) (00051.01 P,p• 3 of 17 Form 3033 1/01 M � CVNV 01/25/05 1:13 PM 62598200M 1 Stewart Title Insurance Company , Title No: 44-26158-W Schedule A Description ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Rye, Village of Rye Brook and Village of Port Chester, County of Westchester and State of New York, designated as Lot No. 1 shown on a certain map entitled, "Property of Paul Avitabiie and Sarina Avitabile", filed in the Office of the Westchester County Clerk, Division of Land Records, on April 28, 1989, as Map No. 23692, and being more particularly bounded and described as follows: BEGINNING at a point on the East side of Hillcrest Avenue, said point being the intersection of the division line between Lot No. 105 and 128 as shown on Filed Map No. 912 with the East line of Hillcrest Avenue; RUNNING THENCE easterly along said division line, South 79 degrees 29 minutes East 200.00 feet to a point on the West line of Fairview Avenue; THENCE southerly along the West line of Fairview Avenue, South 10 degrees 31 minutes West 47.00 feet to a point; THENCE westerly along the southerly boundary of Lot No. 1 through Lot No. 127 as shown on Filed Map No. 912,North 79 degrees 29 minutes West 90.10 feet to a point; THENCE southerly through Lot No. 127 as shown on Filed Map No. 912, South 10 degrees 31 minutes West 3.00 feet to a point; THENCE westerly along the division line between Lot No. 1 and Lot No. 2, North 79 degrees 29 minutes West 109.90 feet to a point on the East line of Hillcrest Avenue; THENCE northerly along the East line of Hillcrest Avenue, North 10 degrees 31 minutes East 50.00 feet to the point or place BEGINNING. --------------------------------------------------------------------------------------I------ FOR CONVEYAINCLNG ONLY:TOGETHER with all the rights, title and interest of the party of the first part, if any, of, in and to the land lying in the street in front of and adjoining said premises. I BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I promise that: (A) I lawfully own the Property; (B) I have the right to mortgage, grant and convey the Property to Lender; and (C) there are no outstanding claims or charges against the Property, except for those which are of public record. I give a general warranty of title to Lender. This means that I will be fully responsible for any losses which Lender suffers because someone other than myself has some of the rights in the Property which I promise that I have, I promise that I will defend my ownership of the Property against any claims of such rights. PLAIN LANGUAGE SECURITY INSTRUMENT This Security Instrument contains promises and agreements that are used in real property security instruments all over the country. It also contains other promises and agreements that vary in different parts of the country. My promises and agreements are stated in "plain language." COVENANTS I promise and I agree with Lender as follows: 1. Borrower's Promise to Pay. I will pay to Lender on time principal and interest due under the Note and any prepayment, late charges and'other amounts due under the Note. I will also pay all amounts for Escrow Items under Section 3 of this Security Instrument. Payments due under the Note and this Security Instrument shall be made in U.S. currency. If any of my payments by check or other payment instrument is returned to Lender unpaid, Lender may require my payment be made by: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity;or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location required in the Note, or at another location designated by Lender under Section 15 of this Security Instrument. Lender may return or accept any payment or partial payment if it is for an amount that is less than the amount that is then due. If Lender accepts a lesser payment, Lender may refuse to accept a lesser payment that I may make in the future and does not waive any of its rights. Lender is not obligated to apply such lesser payments when it accepts such payments. If interest on principal accrues as if all Periodic Payments had been paid when due, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until I make payments to bring the Loan current. If I do not do so within a reasonable period of time, Lender will either apply such funds or return them to me. In the event of foreclosure, any unapplied funds will be applied to the outstanding principal balance immediately prior to foreclosure. No offset or claim which I might have now or in the future against Lender will relieve me from making payments due under the Note and this Security Instrument or keeping all of my other promises and agreements secured by this Security Instrument. 2. Application of Borrower's payments and Insurance Proceeds. Unless Applicable Law or this Section 2 requires otherwise, Lender will apply each of my payments that Lender accepts in the following order: First, to pay interest due under the Note-, Next, to pay principal due under the Note; and Next, to pay the amounts due Lender under Section 3 of this Security Instrument. Such payments will be applied to each Periodic Payment in the order in which it became due. Any remaining amounts will be applied as follows: First,to pay any late charges; Next, to pay any other amounts due under this Security Instrument;and Next, to reduce the principal balance of the Note. Initial —61NY11oaGSLo1 Poo. ,, 17 Form 3033 1101 CVNY 01125105 1:13 PM 6259920014 If Lender receives a payment from me for a late Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the late Periodic Payment and the late charge. If more than one Periodic Payment is due,-.Lender may apply any payment received from me: First, to the repayment of the Periodic Payments that are due if, and to the extent that, each payment can be paid in full; Next, to the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due. meet charges; and Next, Voluntary prepayments will be applied as follows: First, to any prepayment p Y as described in the Note. Any application of payments, Insurance Proceeds, or Miscellaneous Proceeds to principal due under the Note will not extend or postpone the due date of the Periodic Payments or change the amount of those payments. 3. Monthly Payments For Taxes And Insurance. (a) Borrower's Obligations. I will pay to Lender all amounts necessary to pay for taxes, assessments, water charges, sewer rents and other similar charges, ground leasehold payments or rents (if any), hazard or property insurance covering the Property, flood insurance (if any),and any required Mortgage Insurance,or a Loss Deserve as described in Section 10 in the place of Mortgage Insurance. Each Periodic Payment will include an amount to be applied toward payment of the following items which are called "Escrow Items:" (1) The taxes, assessments, water charges, sewer rents and other similar charges, on the Property which under Applicable Law may be superior to this Security Instrument as a Lien on the Property. Any claim, demand or charge that is made against property because an obligation has not been fulfilled is known as a "Lien;" (2)The leasehold payments or ground rents on the Property (if any); (3) The premium for any and all insurance required by Lender under Section 5 of this Security Instrument; (4) The premium for Mortgage Insurance(if any); The amount I may be required to pay en (5) Lender under Section 10 of this Security Instrument instead of the payment of the premium for Mortgage Insurance(if any);and y Community Association Dues, Fees, and (6) If required by Lender, the amount for an Assessments. After signing the Note, or at any time during its term, Lender may include these amounts as Escrow Items. The monthly payment I will make for Escrow Items will be based on Lender's estimate of the annual amount required. I will pay all of these amounts to Lender unless Lender tells me, in writing, that I do not have to do so, or unless Applicable Law requires otherwise. I will make these payments on the same day that my Periodic Payments of principal and interest are due under the Note. The amounts that I pay to Lender for Escrow ltems under this Section 3 will be called "Escrow Funds." I will pay Lender the Escrow Funds for Escrow Items unless Lender waives my obligation to pay the Escrow Funds for any or all Escrow Items. Lender may waive my obligation to pay to Lender Escrow Funds for any or all Escrow Items at any time. Any such waiver must be in writing. In the event of such waiver, I will pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Escrow Funds has been waived by Lender and, if Lender requires, will promptly send to Lender receipts showing such payment within such time period as Lender may require. My obligation to make such payments and to provide receipts will be considered to be a promise and agreement contained in this Security Instrument, as the phrase "promises and agreements" is used in Section 9 of this Security Instrument.If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Lender may pay that amount and I will then be obligated under Section 9 of this Security Instrument to repay to Lender. Lender may revoke the waiver as:to any or all Escrow Items at any time by a. notice given in accordance with Section 15 of this Security Instrument and, upon the revocation, I will pay to Lender all Escrow Funds, and in amounts,that are then required under this Section 3. I nit i -WNY1 mo0510I p.p. 5 017 Form 3033 1f01 CYW 01125f05 1:13 PM 5259820014 , I promise to promptly send to Lender any notices that I receive of Escrow Item amounts to be paid. Lender will estimate from time to time the amount of Escrow Funds I will have to pay by using existing assessments and bills and reasonable estimates of the amount I will have to pay for Escrow Items in the future, unless Applicable Law requires Lender to use another method for determining the amount I am to pay. Lender may, at any time, collect and hold Escrow Funds in an amount sufficient to permit Lender to apply the Escrow Funds at the time specified under RESPA. Applicable Law puts limits on the total amount of Escrow Funds Lender can at any time collect and hold. This total amount cannot be more than the maximum amount a lender could require under RESPA. If there is another Applicable Law that imposes a lower limit on the total amount of Escrow Funds Lender can collect and hold, Lender will be limited to the lower amount. (b) Lender's Obligations. Lender will keep the Escrow Funds in a savings or,banking institution which has its deposits insured by a federal agency, instrumentality, or entity, or in any Federal Home Loan Bank. If Lender is such a savings or banking institution, Lender may hold the Escrow Funds. Lender will use the Escrow Funds to pay the Escrow Items no later than the time allowed under RESPA or other Applicable Law. Lender will give to me, without charge, an annual accounting of the Escrow Funds. That accounting will show all additions to and deductions from the Escrow Funds and the reason for each deduction. Lender may not charge me for holding or keeping the Escrow Funds, for using the Escrow Funds to pay Escrow Items, for making a yearly analysis of my payment of Escrow Funds or for receiving, or for verifying and totaling assessments and bills. However, Lender may charge me for these services if Lender pays me interest on the Escrow Funds and if Applicable Law permits Lender to make such a charge. Lender will not be required to pay me any interest or earnings on the Escrow Funds unless either (1) Lender and I agree in writing that Lender will pay interest on the Escrow Funds, or (2) Applicable Law requires Lender to pay interest on the Escrow Funds. (c) Adjustments to the Escrow Funds. Under Applicable Law, there is a limit on the amount of Escrow Funds Lender may hold. If the amount of Escrow Funds held by Lender exceeds this limit, then there will be an excess amount and RESPA requires Lender to account to mein a special manner for the excess amount of Escrow Funds. If, at any time, Lender has not received enough; Escrow Funds to make the payments of Escrow Items when the payments are due, Lender may tell.me in writing that an additional amount is necessary. I will pay to Lender whatever additional amount is necessary to pay the Escrow Items when the payments are due, but the number of payments will not be more than 12. When I have paid all of the Sums Secured, Lender will promptly refund to me any Escrow Funds that are then being held by Lender. 4, Borrower's Obligation to Pay Charges, Assessments and Claims. I will pay all taxes, assessments, water charges, sewer rents and other similar charges, and any other charges and fines that may be imposed on the Property and that may be superior to this Security Instrument. I will also make ground rents or payments due under my lease if I am a tenant on the Property and Community Association Dues, Fees, and Assessments (if any) due on the Property. If these items are Escrow Items, I will do this by making the payments as described in Section 3 of this Security Instrument. In this Security Instrument, the word "Person" means any individual, organization, governmental authority or other party. I will promptly pay or satisfy all Liens against the Property that may be superior to this Security Instrument. However, this Security Instrument does not require me to satisfy a superior Lien if: (a) I agree, in writing, to pay the obligation which gave rise to the superior Lien and Lender approves the way in which I agree to pay that obligation, but only so long as I am performing such agreement; (b) in good faith, I argue or defend against the superior Lien in a lawsuit so that in Lender's opinion, during the lawsuit, the superior Lie may not be enforced, but Irlitialr �W 1=3—O�{ Y) [0005L01 Form 3033 1/01 '�"0 P�y� b of N CVNY 01/25105 1:13 PM 6259820014 I 11NOWIMMM MIT ! only until the lawsuit ends; or (c) I secure from the holder of that other Lien an agreement, approved in writing by Lender, that the Lien of this Security Instrument is superior to the Lien held by that Person. If Lender determines that any part of the Property is subject to a superior Lien, Lender may give Borrower a notice identifying the superior Lien. Within Iq days of the date on which the notice is given, Borrower shall pay or satisfy the superior Lien or take one or more of the actions mentioned in this Section 4. Lender also may require me to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with the Loan, unless Applicable Law does not permit Lender to make such a charge. 5. Borrower's Obligation to Maintain Hazard Insurance or Property Insurance. I will obtain hazard or property insurance to cover all buildings and other improvements that now are, or in the future will be, located on the Property. The insurance will cover loss or damage caused by fire, hazards normally covered by "Extended Coverage" hazard insurance policies, and any other hazards for which Lender requires coverage, including, but not Limited to earthquakes and floods. The insurance will be in the amounts (including, but not limited to, deductible levels) and for the periods of time required by Lender. What Lender requires under the last sentence can change during the term of the Loan. I may choose the insurance company, but my choice is subject to Lender's right to disapprove. Lender may not disapprove my choice unless the disapproval is reasonable. Lender may require me to pay either (a) a one-time charge for flood zone determination, certification and tracking services, or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect the flood zone determination or certification. If I disagree with the flood zone determination, I may request the Federal Emergency Management Agency to review the flood zone determination and I promise to pay any fees charged by the Federal Emergency Management Agency for its review. If I fail to maintain any of the insurance coverages described above, Lender may obtain insurance coverage, at Lender's option and my expense: Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage will cover Lender, but might or might not protect me, my equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. I acknowledge that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that I could have obtained. Any amounts disbursed by Lender under this Section 5 will become my additional debt secured by this Security Instrument. These amounts will bear interest at the interest rate set forth in the Note from the date of disbursement and will be payable with such interest, upon notice from Lender to me requesting payment. All of the insurance policies and renewals of those policies will include what is known as a "Standard Mortgage Clause" to protect Lender and will name Lender as mortgagee and/or as an additional loss payee. The form of all policies and renewals will be acceptable to Lender. Lender will have the right to hold the policies and renewal certificates. If Lender requires, I will promptly give Lender all receipts of paid premiums and renewal notices that I receive. If I obtain any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy will include a Standard Mortgage Clause and will name Lender as mortgagee and/or as an additional loss payee. If there is a loss or damage to the Property, I will promptly notify the insurance company and Lender. If I do not promptly prove to the insurance company that the loss or damage occurred, then Lender may do so. The amount paid by the insurance company for loss or damage to the Property is called "Insurance Proceeds." Unless Lender and I otherwise agree in writing, any Insurance Proceeds, whether or not the underlying insurance was required by Lender, will be used to repair or to restore the damaged Property unless: (a) it is not economically feasible to make the repairs or restoration; (b) the use of the Insurance Proceeds for that purpose w ld lessen the protection QM-Bwyl 100051.01 p'9, 7 ,{ >> Form 3033 1/01 i CVNY 01/25/05 1:13 PM 6259020014 Ii 1 i given to Lender by this Security Instrument;or (c) Lender and I have agreed in writing not to use i the Insurance Proceeds for that purpose. During the period that any repairs or restorations are being made, Lender may hold any Insurance Proceeds until it has had an opportunity to inspect the Property to verify that the repair work has been completed to Lender's satisfaction. However, this inspection will be done promptly. Lender may make payments fur the repairs and restorations in a single payment or in a series of progress payments as the work is completed. Unless Lender and I agree otherwise in writing or unless Applicable Law requires otherwise, Lender is not required to pay me any interest or earnings on the Insurance Proceeds. I will pay for any public adjusters or other third parties that 1 hire, and their fees will not be paid out of the Insurance Proceeds. If the repair or restoration is not economically feasible or if it would lessen Lender's protection under this Security Instrument, then the Insurance Proceeds will be used to reduce the amount that I owe to Lender'under this Security Instrument. Such Insurance Proceeds will be applied in the order provided for in Section 2. If any of the Insurance Proceeds remain after the amount that I owe to Lender has been paid in full,the remaining insurance Proceeds will be paid tome. If I abandon the Property, Lender may file, negotiate and settle any available insurance claim i and related matters. If I do not answer, within 30 days, a notice from Lender stating that the insurance company has offered to settle a claim, Lender may negotiate and settle the claim, The 30-day period will begin when the notice is given. In either event,or if Lender acquires the Property under Section 22 of this Security Instrument or otherwise, I give Lender my rights to any Insurance Proceeds in an amount not greater than the amounts,unpaid under the Note and this Security Instrument.I also give Lender any other of my rights (other than the right to any refund of unearned premiums that I paid) under all insurance policies covering the Property,if the rights are applicable to the coverage of the Property. Lender may use the Insurance Proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due., ccupy The Pro 6. Borrower's Obligations to Operty. I will occupy the Property and use the Property as my principal residence within 60 days after I sign this Security Instrument. I will continue to occupy the Property and to use the Property as my principal residence for at least one year. The one-year period will begin when I first occupy the Property. However, I will not have to occupy the Property and use the Property as my principal residence within the time frames set forth above if Lender agrees in writing that I do not have to do so. Lender may not refuse to agree unless the refusal is reasonable. I also will not have to occupy the Property and use the Property as my principal residence within the time frames set forth above if extenuating circumstances exist which are beyond my control. 7. Borrower's Obligations to Maintain And Protect The Property And to Fulfill Any Lease Obligations. (a) Maintenance and Protection of the Property. I will not destroy, damage or harm the Property, and I will not allow the Property to deteriorate.Whether or not I am residing in the Property,I will keep the Property in good repair so that it will not deteriorate or decrease in value due to its condition, Unless 1t is determined under Section 5 of this Security Instrument that repair is not economically feasible, I will promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or Condemnation(as defined in the definition of Miscellaneous Proceeds) proceeds are paid because of loss or damage to, or Condemnation of, the Property, I will repair or restore the Property only if Lender has released those proceeds for such purposes. Lender may pay for the repairs and restoration out of proceeds in a single payment or in a series of progress payments as the work is completed. If the insurance or Condemnation proceeds are not sufficient to repair or restore the Property, I promise to pay for the completion of such repair or restoration. i (b) Lender's Inspection or Property. '. Lender, and others authorized by Lender, may enter on and inspect the Property.They will do so in a reasonable manner and at reasonable times. if it has a reasonable purpose, Lender may inspect the inside of the home or other improvements on the Property. Before or at the time an inspection is made, Lender will give me notice stating a reasonable purpose for such interior i inspection. Initials: t7� 11 —6fNY1 l000aa.o i P■�. a �J Form 3033 1/01 or n i CVi4Y 01/25/05 1:13 PM 6259820014 8. Borrower's Loan Application. If, during the application process for the Loan, I, or any Person or entity acting at my direction or with my knowledge or consent, made false, misleading, or inaccurate statements to Lender about information important to Lender in determining my I eligibility for the Loan (or did not provide Lender with such information), Lender will treat my actions as a default under this Security Instrument. Palse, misleading, or inaccurate statements about information important to Lender would include a misrepresentation of my intention to occupy the Property as a principal residence. This is just one example of a false, misleading, or inaccurate statement of important information. 9. Lender's Right to Protect Its Rights in The Property, If. (a) I do not keep my promises and agreements made in this Security Instrument; (b) someone, including me, begins a legal proceeding that may significantly affect Lender's interest in the Property or rights under this Security Instrument (such as a legal proceeding in bankruptcy, in probate, for Condemnation or Forfeiture (as defined in Section 11), proceedings which could give a Person rights which could equal or exceed Lender's interest in the Property or under this Security Instrument, proceedings for enforcement of a Lien which may become superior to this Security instrument, or to enforce laws or regulations); or (c) I have abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and Lender's rights under this Security Instrument. Lender's actions may include, but are not limited to: (a) protecting andlor assessing the value of the Property; (b) securing and/or repairing the Property; (c) paying sums to eliminate any Lien against the Property that may be equal or superior to this Security Instrument; (d) appearing in court; and (e) paying reasonable attorneys' fees to protect its interest in the Property andlor rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Lender can also enter the Property to crake repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, have utilities turned on or off, and take any other action to secure the Property. Although Lender may take action under this. Section 9, Lender does not have to do so and is under no duty to do so. I agree that Lender will not be liable for not taking any or all actions under this Section 9. 1 will pay to Lender any amounts, with interest, which Lender spends under this Section 9. I will pay those amounts to Lender when Lender sends me a notice requesting that I do so. I will pay interest on those amounts at the interest rate set forth in the Note. Interest on each amount will begin on the date that the amount is.spent by Lender. This Security Instrument will protect Lender in case I do not keep this promise to pay those amounts with interest. If I do not own, but am a tenant on the Property, 1 will fulfill all my obligations under my lease. I also agree that, if I acquire the full title (sometimes called "Fee Title") to the Property, my lease interest and the Pee Title will not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, I will pay the premiums for the Mortgage;Insurance. If, for any reason, the Mortgage Insurance coverage ceases to be available from the mortgage insurer that previously provided such insurance and Lender required me to make separate payments toward the premiums for Mortgage Insurance, I will pay the premiums for substantially equivalent Mortgage Insurance coverage from an alternate mortgage insurer. However, the cost of this Mortgage Insurance coverage will be substantially equivalent to the cost to me of the previous Mortgage Insurance coverage, and the alternate mortgage insurer will be selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Lender will establish a nonrefundable "Loss Reserve" as a substitute for the Mortgage Insurance coverage. I will continue to pay to Lender each month an amount equal to one-twelfth of the yearly Mortgage Insurance premium (as of the time the coverage lapsed or ceased to be in effect). Lender will i retain these payments, and will use these payments to pay for losses th t the Mortgage Insurance InJt6ala: vp 0 S(NY) (0005 5 pig• 9 017 Farm 3033 1/01 CVW 01/25105 1:13 PM 6259820014 I would have covered. The Loss Reserve is non-refundable even if the Loan is ultimately paid in full and Lender is not required to pay me any interest on the Loss Reserve. Lender can no longer require Loss Reserve payments if: (a) Mortgage Insurance coverage again becomes available through an insurer selected by Lender; (b) such Mortgage Insurance is obtained; (c) Lender requires separately designated payments toward the.premiums for Mortgage Insurance; and (d) the Mortgage Insurance coverage is in the amount and for the period of time required by Lender. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was ` required to make separate payments toward the premiums for Mortgage Insurance, I will pay the Mortgage Insurance premiums, or the Loss Reserve payments, until the requirement for Mortgage Insurance ends according to any written agreement between Lender and me providing for such termination or until termination of Mortgage insurance is required by Applicable Law. Lender may require me to pay the premiums, or the Loss Reserve payments,in the manner described in Section 3 of this Security Instrument.Nothing in this Section 10 will affect my obligation to pay interest at the rate provided in the Note. A Mortgage Insurance policy pays Lender for any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance policy. Mortgage insurers assess their total risk on all Mortgage Insurance from time to time. Mortgage insurers may enter into agreements with other parties to share or change their risk, or to reduce losses. These agreements are based on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to ,these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include Mortgage Insurance premiums). As a result of these agreements, Lender, any owner'of the Note, another insurer, any reinsures, or any other entity may receive (directly or indirectly) amounts that come from a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or changing the mortgage insurer's risk,or reducing losses. If these agreements provide that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." It also should be understood that: (a) any of these agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. These agreements will not increase the amount Borrower will owe for Mortgage Insurance,or any other terms of the Loan. These agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund; and (b) any of these agreements will not affect the rights Borrower has -if any -regarding the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right (a) to receive certain disclosures, (b) to request and obtain cancellation of the Mortgage Insurance, (c) to have the Mortgage Insurance terminated automatically, andfor (d) to receive a refund of any Mortgage Insurance premiums that were not earned at the time of such cancellation or termination. 11. Agreements About Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are assigned to and will be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds will be applied to restoration or repair of the Property, if (a) the restoration or repair is economically feasible, and (b) Lender's security given in this Security Instrument is not lessened. During such repair and restoration period, Lender will have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect the Property to verify that the work has been completed to Lender's satisfaction.However, I the inspection will be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless Lender and I agree otherwise in writing or unless Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender will not be required to pay Borrower any interest or earn'ngs on the Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security given in this Security Instrument would be lessened, the Miscellaneous Proceeds will be applied to the Sums Secured, whether or not then due. The excess, if any, will be paid to me. Such Miscellaneous Proceeds will be applied in the order provided for in Sectio 2. Initial —6(NY) (00051.01 P.9. to of rr Form 3033 1/01 CVNY 01/25I05 1_13 PM 6259820014 In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds will be applied to the Sums Secured, whether or not then due. The excess, if any, will be paid to mc. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is ! equal to or greater than the amount of the Sums Secured immediately before the partial taking, s destruction,or loss in value, the Sums Secured will be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the Sums Secured I immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to me. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction, or loss in value is i less than the amount of the Sums Secured immediately before the partial taking,destruction,or loss in value, the Miscellaneous Proceeds will be applied to the Sums Secured whether or not the sums are then due. If I abandon the Property, or if, after Lender sends me notice that the Opposing Party (as defined in the next sentence) offered to make an award to settle a claim for damages, I fail to respond to Lender within 34 days after the date Lender gives notice, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the Sums Secured, whether or not then due. "Opposing Party" means the third party that owes me Miscellaneous Proceeds or the party against whom I have a right of action to regard to Miscellaneous Proceeds. I will be in default under this Security Instrument if any civil or criminal action or proceeding that bender determines could result in a court ruling (a) that would require Forfeiture of the Property, or (b) that could damage Lender's interest in the Property or rights under this Security Instrument. "Forfeiture" is a court action to require the'Property, or any part of the Property, to be given up. I may correct the default by obtaining a court ruling that dismisses the court action, if Lender determines that this court ruling prevents Forfeiture of the Property and also prevents any damage to Lender's interest in the Property or rights under this Security Instrument.If I correct the default, I will have the right to have enforcement of, this Security Instrument discontinued, as provided in Section l9sof this Security Instrument,even-if Lender has required Immediate Payment in Pull (as defined in Section 22). The proceeds of any award or claim for damages that are attributable to the damage or reduction of Lender's interest in the Property are assigned, and will be paid,to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property will be applied in the order provided for in Section 2. 12. Continuation of Borrower's Obligations And of Lender's Rights. (a) Borrower's Obligations. Lender may allow me, or a Person who takes over my rights and obligations, to delay or to change the amount of the Periodic Payments. Even if Lender does this, however, I will still be fully obligated under the Note and under this Security Instrument unless Lender agrees to release me, in writing,from my obligations. Lender may allow those delays or changes for me or a Person who takes over my rights and obligations, even if Lender is requested not to do so. Even if Lender is requested to do so, Lender ! will not be required to (1) bring a lawsuit against me or such a Person for not fulfilling obligations under the Note or under this Security Instrument, or, (2) refuse to extend time for payment or otherwise modify amortization of the Sums Secured. (b) Lender's Rights. Even if Lender does not exercise or enforce any right of Lender under this Security Instrument or under Applicable Law, Lender will still have all of those rights and may exercise and enforce them in the future. Even if: (1) Lender obtains insurance, pays taxes, or pays other claims, charges or Liens against the Property; (2) Lender accepts payments from third Persons; or (3) Lender accepts payments in amounts less than the amount then due, Lender will have the right under Section 22 below to demand that I make Immediate Payment in Pull of any amounts remaining due and payable to Lender under the Note and under this Security Instrument. Initial —6lNYl c000-01 Pat, $1 w1 17 Form 3033 1101 CVNY CIY25105 1:13 PM 6259820014 I i 13. Obligations of Borrower And of Persons Taking Over Borrower's Rights or Obligations.If more than one Person signs this Security Instrument as Borrower,each of us is fully obligated to keep all of Borrower's promises and obligations contained in this Security Instrument. Lender may enforce Lender's rights under this Security Instrument against each of us individually or against all of us together. This means that any one of us may be required to pap all of the Sums Secured, However, if one of us does not.sign the Note: (a) that Person is signing this Security Instrument only to give that Person's rights in the Property to Lender under the terms of this Security Instrument; (b) that Person is not personally obligated to pay the Sums Secured; and M that Person agrees that Lender may agree with the other Borrowers to delay enforcing any of Lender's rights, to modify,or make any accommodations with regard to the terms of this Security Instrument or the Note without that Person's consent. Subject to the provisions of Section 18 of this Security Instrument,any Person who takes over my rights or obligations under this Security Instrument in writing, and is approved by Lender in writin&, will have all of my rights and will be obligated to keep all of my promises and agreements made in this Security Instrument. Borrower will not be released from Borrower's obligations and liabilities under this Security Instrument unless Lender agrees to such release in writing. Any Person who takes over Lender's rights or obligations under:this Security Instrument will have all of Lender's rights and will be obligated to keep all of Lender's promises and agreements made in this Security Instrument except as provided under Section 20. 14. Loan Charges. Lender may charge me fees for services performed in connection with my default,for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. With regard to other fees, the fact that this Security Instrument does not expressly indicate that Lender may charge a certain fee does not mean that Lender cannot charge that fee. Lender may not charge fees that are prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to Applicable Law which sets maximum loan charges,and that Applicable Law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed permitted limits: (a) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. Lender may choose to make this refund be reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (even if a prepayment charge is provided for under the Note). If I accept such a refund that is paid directly to me, I will waive any right to bring a lawsuit against Lender because of the overcharge. 15, Notices Reiuired under this Security Instrument. All notices given by me or Lender in connection with this Security Instrument will be in writing, Any notice to me in connection with this Security Instrument is considered given to me when mailed by first class mail or when actually delivered to my notice address if sent by other means. Notice to any one Borrower will be notice to I all Borrowers unless Applicable Law expressly requires otherwise.The notice address is the address of the Property unless?give notice to Lender of a different address. I will promptly notify Lender of j my change of address.If Lender specifies a procedure for reportin my change of address,then I will only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrumental any one time.Any notice to Lender will be given by delivering it or by mailing it by first class mail to Lender's address stated on the first page of this Security Instrument unless Lender has given me notice of another address. Any notice in connection with this Security Instrument is given to Lender when it is actually received by Lender. If any notice required by this Security Instrument is also required.under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Law That Governs this Security Instrument; Word Usage. This Security Instrument is governed by federal law and the law of New York State. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might allow the parties to agree by contract or it might be silent, but such silence does not mean that ender and I cannot agree by contract.If any term of this Security Instrument or of the Note conflicts with Applicable Law, the conflict will not affect other provisions of this Security Instrument or the Note which can operate, or be given effect without the conflicting (a)�-6(ryy) =051.0 a.o. 12 ,f 17 Form 3033 t/01 CVNY 01125f05 1:13 PM 6259820014 r provision. This means that the Security Instrument or the Note will remain as if the conflicting provision did not exist. As used in this Security Instrument: (a) words of the masculine gender mean and include corresponding words of the feminine and neuter genders; (b) words in the singular mean and include the plural, and words in the plural mean and include the singular;and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. I will be fiven one copy of the Mote and of this Security Instrument. 18. Agreements about Lender s Rights If the Property Is Sold or Transferred. Lender may require Immediate Payment in Full of all Sums Secured by this Security Instrument if all or any part of the Property,or if any right in the Property, is sold or transferred without Lender's prior written permission. If Borrower is not a natural Person'and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission, Lender also may require Immediate Payment in Full. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender requires Immediate Payment in Full under this Section 18, Lender will give me a notice which states this requirement. The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the notice is given to me in the manner required by Section 15 of this Security Instrument.If I do not make the required payment during that period, Lender may act to enforce its rights under this Security Instrument without giving me any further notice or demand for payment. 19. Borrower's Right to Have Lender's Enforcement of this Security Instrument Discontinued. Even if Lender has required Immediate Payment in Full, I may have the right to have enforcement of this Security Instrument stopped. I will have this right at any time before the earliest of. (a) five days before sale of the Property under any power of sale granted by this Security Instrument; (b) another period as Applicable Law might specify for the termination of my right to have enforcement of the Loan stopped; or (c) a judgment has been entered enforcing this Security Instrument.In order to have this right,I will meet the following conditions: l (a) I day to Lender the full amount that then would be due under this Security Instrument and the Note as if Immediate Payment in Full had never been required; (b) I correct my failure to keep any of my other promises or agreements made in this Security Instrument; (c) I pay all of Lender's reasonable expenses in enforcing this Security Instrument including,for example, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and (d) I do whatever Lender reasonably requires to assure that Lender's interest in the Property and rights under this Security Instrument and my obligations under the Note and under this Security Instrument continue unchanged. Lender may require that I pay the sums and expenses mentioned in (a) through (d) in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity;or (d) Electronic Funds Transfer. If I fulfill all of the conditions in this Section 19, then this Security Instrument will remain in full effect as if Immediate Payment in Full had never:been required. However, I will not have the right to have Lender's enforcement of this Security Instrument discontinued if Lender has required Immediate Payment in Full under Section 18 of this Security Instrument. 20. Note Holder's Right to Sell the Note or an Interest in the Note; Borrower's Right to Notice of Change of Loan Servicer; Lender's and Borrower's Right to Notice of i Grievance. The Note, or an interest in the Note, together with this Security Instrument, may sold one or more times.I might not receive any prior notice of these sales. The entity that collects the Periodic Payments and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law is called the "Loan Servicer." There may be a change of the Loan Servicer as a result of the sale of the Note.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. Applicable Law requires that I be given written notice of any change of the Loan Servicer. The notice will state the (name and address of the new Loan Servicer, and also tell me the address t which I should make my payments. The notice also will contain any other information required y RESPA or Applicable a Initial&: - I t::%—e(NY)400051.01 p„* Form 3033 1101 CVNY 01/25/05 1:13 PIA 62S9820014 i Law. If the Note is sold and thereafter the Loan is serviced by a Loan Serviccr other than the ppurchaser of the Note, the mortgage loan servicing obligations to me will remain with the Loan Servicer or be transferred to a successor Loan Serv►cer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither I nor Lender may commence, join or be joined to any court action (as either an individual party or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the ether has not fulfilled any of its obligations under this Security Instrument, unless the other is notified (in the manner required under Section 15 of this Security Instrument) of the unfulfilled obligation and given a reasonable time period to take corrective action.If Applicable Law provides a time period which will elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to me under Section 22 and the notice of the demand for payment in full given to me under Section 22 will be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. All rights under this paragraph are subject to Applicable Law. i 21. Continuation of Borrower's Obligations to Maintain and Protect the Property. The federal laws and the laws of New York State that relate to health,safety or environmental protection are called "Environmental Law." Environmental Law classifies certain substances as toxic or hazardous. There are other substances that are considered hazardous for purposes of this Section 21_ These substances are gasoline, kerosene, other flammable or toxic petroleum products, toxic E pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. The substances defined as toxic or hazardous by Environmental Law and the substances considered hazardous for purposes of this Section 21 are called "Hazardous Substances." "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law. An "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. I will not do anything affecting the Property that violates Environmental Law, and I will not allow anyone else to do so. I will not cause or permit Hazardous Substances to be present on the Property. I will not use or store Hazardous Substances on the Property. I also will not dispose of Hazardous Substances on the Property, or release any Hazardous Substance on the Property, and I will not allow anyone else to do so, I also will not do, nor allow anyone else to do, anything affecting the Property that: (a) is in violation of any Environmental Law; (b) creates an Environmental Condition; or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The promises in this paragraph do not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized as appropriate for normal residential use and maintenance of the I Property (including, but not limited to, hazardous Substances in consumer products). I may use or store these small quantities on the Property. In addition, unless Environmental Law requires removal or other action, the buildings, the improvements and the fixtures on the Property are permitted to contain asbestos and asbestos-containing materials if the asbestos and asbestos-containing materials are undisturbed and "non-friable" (that is, not easily crumbled by hand pressure). I will promptly give Lender written notice of: (a) any investigation,claim, demand, lawsuit or other action by any governmental or regulatory agency'or private party involving the Property and any Hazardous Substance or Environmental Law of which I have actual knowledge; (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance; and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If I learn, or any governmental or regulatory authority,or any private party, notifies me that any removal or other rernediation of any Hazardous Substance affecting the Property is necessary, I will promptly take all necessary remedial actions in accordance with Environmental Law. Nothing in this Security Instrument creates an obligation on Lender for an Environmental i Cleanup. i NON-UNIFORM COVENANTS I also promise and agree with Lender as follows: 22. Lender's Rights If Borrower Fails to Keep Promises and Agreements. Except as provided in Section 18 of this Security Instrument, if all of t e conditions stated in Initia (12%—S NY)i000sk o r P60. a of 17 Form 3033 1101 CVNY 01125/05 1:13 PM 625982OD14 i subsections (a), (b) and (c) of this Section 22 are met, Lender may require that I pay immediately the entire amount then remaining unpaid under the Note and under this Security Instrument. Lender may do this without making any further demand for i I payment. This requirement is called "Immediate Payment in Full." If Lender requires Immediate Payment in Dull, Lender may bring a lawsuit to take away all of my remaining rights in the Property and have the Property sold. At this sale Lender or another Person may acquire the Property. This is known as "Foreclosure and Sale." In any lawsuit for Foreclosure and Sale, Lender will have the right to collect all costs and disbursements and additional allowances allowed by Applicable Law and will have the right to add all reasonable attorneys' fees to the amount I owe Lender, which fees shall become part of the Sums Secured. Lender may require Immediate Payment in Full under this Section 22 only if all of ' the following conditions are met: (a) I fail to keep any promise or agreement made in this Security Instrument or the i Note, including, but not limited to, the promises to pay the Sums Secured when due, or if another default occurs under this Security Instrument; (b) Lender sends to me, in the manner described in section 15 of this Security Instrument, a notice that states: (1) The promise or agreement that I failed to keep or the default that has occurred; (2) The action that I must take to correct that default; (3) A date by which I must correct the default. That date will be at least 30 days from the date on which the notice is given; (4) That if I do not correct the default by the dale stated in the notice, Lender I may require Immediate Payment in Full, and Lender or another Person may acquire the Property by means of Foreclosure and Sale; (5) That if I meet the conditions stated in Section 19 of this Security Instrument, I will have the right to have bender's enforcement of this Security ' Instrument stopped and to have the Note and this Security Instrument remain fully effective as if Immediate Payment in Full had never been required; and (6) That I have the right in any lawsuit for Foreclosure and Sale to argue that I did keep my promises and agreements under the Note and under this Security Instrument, and to present any other defenses that I may have; and (c) I do not correct the default stated in the notice from Lender by the date stated in that notice, 23, Lender's Obligation to Discharge this Security Instrument. When Lender has been I paid all amounts due under the Note and under this Security Instrument, Lender will discharge this Security Instrument by delivering a certificate stating that this Security Instrument has been satisfied. I will pay all costs of recording the discharge in the proper official records. I agree to pay a fee for the discharge of this Security Instrument, if Lender so requires. Lender may require that I pay such a fee, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted by Applicable Law. 24. Agreements about New York Lien Law. I will receive all amounts lent to me by Lender subject to the trust fund provisions of Section 13 of the New York Lien Law. This means that I will: (a) hold all amounts which I receive and which I have a right to receive from Lender under the Note as a trust fund; and (b) use those amounts to pay for "Cost of Improvement" (as defined in Section 13 of the New York Lien Law) before I use them for any other purpose. The fact that I am holding those amounts as a trust fund means that for any building or other improvement located on the Property 1 have a special responsibility under the law to use the amount in the manner described in this Section 24. I �n1t1.1�: t � (-6(NY) iovo-jLo1 P.'. 15 ,0 17 Farm 3033 1/01 CVNY 01I25I05 1:13 PM 6259820014 j i 25. Borrower's Statement Regarding the Property [check box as applicable]. This Security Instrument covers real property improved, or to be improved, by a one or f two family dwelling only. [ This Security Instrument covers real property principally improved, or to be improved, by one or more structures containing, in the aggregate, not more than six residential dwelling units with each dwelling unit having its own separate cooking facilities. This Security Instrument does not cover real 'property improved as described above. BY SIGNING BELOW, I accept and agree to the promises and agreements contained in pages l through 17 of this Security Instrument and in any Rider signed by me and recorded with it. Witnesses: (Seal) RENA S AVI TA81 LE -Borrower (Seal) 0�fz&.a. lk_� SARINA AV A ILE -Borrower (Seal) (Seal) -Borrower -Borrower r (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower —64NY1 <000sw+ Palo is el iT Form 3033 1/01 CVNY 01/25/05 1:13 PIA 6259820014 r STATE OF NEW YORK, Westchester County ss: On the 26th day of January 2005 before me, the undersigned, a notary I public in and for said state, personally appeared RENA S. AVITABILE AND SARINA AVITABILE personally known to me or proved to me on the basis of satisfactory evidence to be the individua (s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir capacity(ies), and that by hislherltheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary public Tax Map Information: GFOPCiF OROS Notary Public, of New York No. G0- -"!190b0 QU'11111'e(l In E'N E.;scf+r;siirr Cour'Sy CornmiXon Expires April 30, 7 Initial —61NY1 5900340, Pans 17 or )7 Form 3033 1/01 CVNY 011241:13 PM 6259820014 6 . : 1 r I LOAN # 6259820014 1-4 FAMILY , RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 26T1-1 . day of JANUARY, 2005 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to BANK OF AMER I CA, N.A. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 33 NILLCREST AVENUE, RYE BROOK, NY 10573 [Property Address) 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Sec;urity'Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature'whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." MULTISTATE 1-4 FAMILY RIDER Page 1 of 4 BS57R (OW8) VMP MORTGAGE POR114S -(gW)521-7291 M57F 01/25/05 1.13 PM 6259820014 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. I F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section G concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. 11. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender,only, to be applied to the sums secured by the Security'Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the SS57R (0008) Page 2 of 4 M57F 01/25105 li 73 PM 6259820014 j Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents'any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform; any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be ai breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. BS57Ft (0008) Page 3 of 4 ' M57F 01/25/05 1:13 PM 6259820014 ' JII I BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 mily Ri r. (Seal) RENA S 111BI1E -Borrower (Seal) NA AV TA LE -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower SS57R (0008) Page 4 of 4 M57F 0112Sl05 1:13 PM 6259820014 i I 4 Jan 18 17 01 : 46p Town of Rye ,x 9149227170 p. 2 �O elori r,� A�A 1 JUSTICE COURT OF THE TOWN OF RYE (� �►¢ COUNTY OF WESTCHESTER RENA AVITABLE V petitioner/landlord JAN -against- VILLAGE OF RYE BROOK BUILDING 'DEPARTMENT JOSHUA EVANS AND ALL OTHER OCCUPANTS 33 HILLCREST AVENUE APT 1ST FLOOR PORTCHESTER NY 10573 respondent/tenant. C NOTICE OF PETITION-NON-PAYMENT To the respondent(s) above named and described, in possession of the premises hereinafter described or claiming possession thereof- PLEASE TAKE NOTICE that a hearing at which you must appear will be held at the JUSTICE COURT OF THE TOWN OF RYE,350 N.Main Street,Port Chester NY 10573,County of Westchester,on 12/6/16 at 9:00 AM on the annexed petition of which prays for a final judgment of eviction,awarding to the petitioner the possession of premises designated and described as follows: 33 HILLCREST AVENUE APT 1ST FLOOR, PORTCHESTER NY 10573, County of Westchester.and further granting to the petitioner such other and further relief as is demanded in the petition,which you must answer. TAKE NOTICE also, that demand is made in the petition herein for judgment against you,the respondent, for the sum of S2,775.00 TAKE NOTICE that your answer may set forth any defense or counterclaim you may have against the petitioner. TAKE NOTICE also that if you shall fail at such time to interpose and establish any defense that you may have to the allegations of the petition,you may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action. TAKE NOTICE also that your answer may be made at the time of hearing specified above unless this Notice of Petition is served upon you on or before , in which event you must answer at least 3 days before the petition is noticed to be heard, either orally before the clerk of the court at his or her office or in writing by service a copy thereof upon the undersigned attorney for the petitioner,and by fling the original of such written answer with proof of service thereof in the office of the clerk at lease 3 days before the time the petition is noticed to be heard; in addition thereto, you must appear before the court at the time and place hereinabove set forth for the hearing. IMPORTANT TO TENANT-IF YOU ARE DEPENDENT UPON A PERSON IN THE MILITARY SERVICE OF ',TAE,VNITED STATES OR THE STATE OF NEW YORK,ADVISE THE CLERK IMMEDIATELY,IN ORDER lTO PRt9TECT YOUVon TAKE N` ICE, thatr and answer may result in final judgment by default for the petitioner in the amount del i ded in t Dated: 1112. 16 J20S .Broad W .R A for titi ner NY 10701 5-4221 Jan 18 17 01 :4Gp Town of RMP 91492z71?0 p. t JUSTICE COURT OF THE TOWN OF RYE COUNTY OF WESTCHESTER RENA AVITABLE MEX NO. 4? '?000 WARRANT NON-PAYMENT petitioner/landlord -against— JOSHUA EVANS AND ALL OTHER OCCUPANTS 33 HILLCREST AVENUE APT 1ST FLOOR PORTCHESTER NY 10573 respondenthenant TO MARSHAL.Edward Fields GREETTNGS. WHEREAS, RENA AVITABLE has made petition in due form in writing and presented the same,duly verified,to me, one of the Judges of the Justice Court of the town of Rye ,that RENA AVITABLE is the petitioner/landlord of JOSHUA EVANS AND ALL OTHER OCCUPANTS in respect to the premises now in the occupation of the said tenant and described as follows,to wit; 33 HILLCREST AVENUE APT 1ST FLOOR, PORTCHESTER NY 10573 the landlord above named leased the said premises to the said tenant at the monthly rent of$825.00 payable on the first day of each month. That the said tenant entered into the possession of the said premises,and has continued therein to the present time,by virtue of the said agreement,and is justly indebeed t� a above named petitioner landlord in the sum of Os H.1 a5- due as rent arrears for. SEPT,OCT,NOV,p3u c3— legal fee+'--Q—court fee,total of $ Lf, 1;15_._0 0 rent of said premises,to wit:33 HILLCREST AVENUE APT 1 ST FLOOR, PORTCHESTER NY 10573 That he has demanded the said rent from the said tenant since the same became due and payable,under said agreement and that hd had made default in the payment thereof,pursuant to the agreement under which the premises were held,and that the respondent JOSHUA EVANS AND ALL OTHER OCCUPANTS holds over and continues in possession of the same,without permission of the landlord aRcr default in the payment of the rent as aforesaid,and WHEREAS, a notice of petition was duly issued by Andrew M.Romano,Esq.,attorney for the landlord,directed to the respondent specifying the time and place of the hearing of the petition,and proof of service of the notice of petition and petition was presented,and the respondent having failed to interpose or establish any defense,the court did render final judgment awarding to the petitioner/landlord,among other things,the delivery of the possession of the said property, THEREFORE,in the name of the People of the State of New York,YOU ARE COMMANDED TO REMOVE JOSH>!JA EVANS AND ALL OTHER OCCUPANTS from the said premises,and put the petitioner/landlord in full possession thereof. IN WITNESS WHEREOF,f have subscribed to th esents,this �] day of J e""l! ,2017. Judge Ju#ice rt of the Town of Rye IV��_ -7r, JUSTICE COURT OF THE TOWN OF RYE COUNTY OF WESTCHESTER RENA AVITABLE petitioner/landlord INDEX NO. -against- Jan 18 17 01 : 46p Town of Rde 9149227170 p. 3 JUSTICE COURT OF THE TOWN OF RYE COUNTY OF WESTCHESTER ----------------------------------------------------------------------X RENA AVITABLE petitionertlandlord -against- JOSHUA EVANS AND ALL OTHER OCCUPANTS 33 HILLCREST AVENUE APT 1ST FLOOR PORTCHESTER NY 10573 respondent/tenant. -----------------------------------------------------------------------X PETITION TO RECOVER POSSESSION OF REAL PROPERTY NON-PAYMENT THE PETITION OF RENA AVITABLE owner and landlord of the premises shows that: 1. The undersigned is a Landlord 2. Respondent JOSHUA EVANS AND ALL OTHER OCCUPANTS is the tenant of said premises who entered in possession thereof under Written rental agreement between respondent and the landlord(landlord's predecessor), wherein respondent promised to pay to landlord as rent 5825.00 each month in advance on the first day of each month. 3. Respondents are now in possession of said premises. 4. The premises from which removal is sought are described as follows: 33 HILLCREST AVENUE APT 1ST FLOOR, PORTCHESTER NY 10573 which is situated within the territorial jurisdiction of this Court. 5. Pursuant to said agreement there was due to landlord from respondent tenant rent as follows: SEPT 16 RENT S825.00 OCT 16 RENT S825.00 NOV 16 RENT$825.00 LATE FEE$300.00 Respondent tenant has defaulted in the payments thereof and the total rent in arrears is $2,775.00 +S legal fee +S court fee = 6. Said rent has been duly demanded personally and/or in writing from the tenant as and since same became due. 7. Respondents hold over and continue in possession of the premises without landlord's permission after said default. Said premises are decontrolled subject to ETPA.Landlord has not violated warranty of habitability. The landlord is in full compliance with the Emergency Tenant Protection Act of 1974,as amended and the rent demanded herein is no,greater than the maximum rent permitted by law. Jan 18 17 01 : 47p Town of Rye 9149227170 p. 4 Petitioner requests final judgment; awarding possesgioa of the premises to the Petitioner/Landlord; issuance of a warrant to remove Respondcnts from possession thereof; judgmep for rents in arrears against Respondent/Tenant for S � 0 � fair value of use and occupancy; interest from cost and disbursements herein. Dated. G X PetifionerlL7ndlord, STATE,.OF NEW YORK, COUNTY OF VVFMCEIFMER ss_= The undersigned a Atitioner Agent for Petitioner t ) Attorney for Petitioner(Petitioner is not within the county in which depoaent's office is Iocated). President of Petitioner(Petitioner is a Corp.) Member (Limited Liability Corp.) (Limited Partnership) being drily sworn states that deponent has read heard the petition, N the contents of the petition are true to deponents own knowledge vledge except as to those matters which are alleged on information and belief as to thein depo*Wt believes them to be true. ( ) the information stated above is from the books and records of the petitioner. [ tie tuaterisl allegations are within the personal knowledge of d"neut Petitioner/Landlord Petitioner's Attorney ANDREW M.ROMANO,ESQ_ 20 South Brosdwray,Suite 902 Yonkers NY 10701 (914) 965--4221 f' (914)9654409 FAX 'Savor bef'o7ZANDREIN \d y ofIM- R Notary Pu c '!o Notary P`N.c, Yo-k 9t :'c. of �iaw N�. r rc srr,,.,�2 Qu�t'iind in r Ca': +y Commission E,cpires Jan 18 17 01 : 47p Town of Rye 9149227170 F. 5 Ct. MLte: 12-6-16 STATE OF NEW YORK 'TOWN OF RYE dex No. couNTY OF WESTCHESTER JUSTICE COURT latefi !}ate i 3 eel RENA AVITABLE Landlord—Perhio.rer�+j JOSHt3A EVANS AND ALL 07'14ER c auul OCCUPANTS AFFIDAVIT OF33 Hillcrest Avenue Apt . 1st lour Tenant-Res andenrfs) SERVICE Port. Chester NY 1Q573 STATE OF NEW YORK.COUNTY OF: ER The Undersign 4 being swan.says:Depa+etu is not a party herein.is over 18 years of age and resides in the Stage of New York on Dec . 1 , 2016 3 I4111crest Ave . Apt . 1st Floor ,PNoorl Chester deW=tt saved the within ❑ summons ❑ with notice ❑ 0573 ❑ sumaim s and complaint M notice of petition and petition ❑ subpcona duces rearm c3 subpeana (Non—Payment) ❑ citation J O S E U A EVA N S ❑ defendant O witness hcrcinafw called thcrcir. Iff respondent—tenant therecipicnt named RCXYXXXLL by delivering a true copy of each to said recipient personalty;deponent knees`the person so screed to be the person described as said tecipicn; thcrci:t. cacrvrrxv a --------------- corporation,by delivering thcrts:a rrre ropy of cac)r to [] personally.deponent knew said corporation so served to be itte corprxation,described in same as said recipient and knew said individual to be thereof. tarr.0 f a person of suitabic age and Act:r€xson by delivering thereat a true copy of each to 11 discretion Said premiscs is rrcipient's ❑ :etual place of business G dwelling place C1 usual place of abode within the state. .FM*to To 000a.tzr< by affixing a true copy of each to the door of said premises,which is rccipient's © =carol place of business dwelling p acc E, ❑ usual place of abode within the state.Deponent was unable,with due diligence to find recipient or a person of suitable age and discretion,thereat.having called there 11/25/16 at 4 :00 P.M. 11/29/16 at 7 : 30 P .M. 11/26/16 at 9 :30 A.M. 11/30/16 at 6:00 A.M. 11/28/16 at 6 :05 P .M. 12/1/16 at 4 : 15 P .M. Dec . 1 , 2016 ,deponcr:enclosed a copy of sarnc in a postpaid envclopc properly addressed to m6picnt ar recipient`s rc.tct+�c ❑ actual pi.1ce of business ja dwelling place ❑ usual place of abode and deposited t envelope in an official depositor}' tender esclusivc care and custody of the US. Postal Sevicc-The envelope bore the legend"Pctsattal and Co.tfrdential Copies mailed First Class and Certified # 7015 3010 000E 3077 3247 aesc,:svrson+ ❑ Male ❑ White Skir 0 Black Hair Cl White Hair ❑ 14-20 Yrs_ ❑ Under 5' ❑ Under 100 Lbs- 0 Female ❑ Black Skin ❑ Brown Hair C Ba.1ding ❑ 21-35 Ym 0 5'0--5'3" ❑ 100-130 Lbs. ❑ Yellow Skin ❑ Blonde Hair C. Mustache ❑ 36-50 Yrs. 0 5'4--5'8" ❑ 131-160 Lbs. ❑ Brown Skin ❑ Gray Hair ❑ Beard ❑ 51-65 Yrs.. 0 5'9--6'0" Q 161-200 Lbs. ❑ Red Skin © Red Hair ❑ Glasses 0 Over 65 Yrs. 6 Over 6' ❑ Over 200 Lbs. Other identifying features: [ Index Number/Date of Filing endorsed thereon. Upon%nforrttation and belief 1 aver d=the rect"ru is not in LiLL ary service of New Yon SLwc or of the United States as that tear, r�mvice is defined in either the State or in the Federal statutes. Sworn to before me on 12/1/2 016_ � _— _-- L©UIS ROSTEN Process Server Notary Public,State of New York Clemens W. Pantaleo No.4834354 Qualified in Putna;-n Co ty Commission Expires S Jan le 17 01 : 47p Town of Rye 9149227170 p. G (;t. irate: 3 z-ta,-ao STATE OF NEU YORK TOWN OF RYE COUNTY OF WESTCHESTER JUSTICE COURT index No. Date filed: RENA AVITABLE Land 1 or d—Peririoner JOSHUA EVANS AND ALL OTHER Q MS1 OCCUPANTS AFFIDAVIT 4F 33 Hillcrest Avenue Apt . 1st lour Tenant-Res ausdertr(s) SF-RVECE fort: Chester NY 10573 STA T E OF NEW YORK.COUNTY OF: W -�tcndersigned,beiDg swamT-IYS-' is trot a party herein,is over 1 a years of age and resides in the Stale of idea York gee. 1 , ?Oi6 at 4 : 15 Pt�l at 33 Hillcrest Ave . Apt . 1st Floor , rlO73 Chestee- D„po�sad die wrth r, G stuttmons C3 with notice NY G © sumnw s and complaint M notice of petition artd petition ❑ u*Teoaa ducts tccum [3 subpeorta (Non—Payment) C) CR26on CM "JOHN DOE" AND "JANE DOE" © witness 3 hetcinafteTcalled � therein CALL OTHER OCCUPANTS) respondent-tenant j thcrocipiast named atornactu by delivering a true copy of each io said ruipicut personally:deponent knew the person so served to be the person described 2s said recipient therein. cra��sn++ a -- ------------ corporation,by delivering thereat a true copy of each to Q personally,dcponcnt knew sand corporation so served to be the corpt,sation,described in same as said recipien.and knew slid individual to be tltctcof. avrrar LE a pa-son of stutable age and AGE PSRSCW by dclive ring thereat a true copy of each tC 0 �ditior Said premises is recipient's El actual place of business G dwelling p1a e ❑ usual place of abode wnthin the state. ,,FF=„d,TO lace aooK,ttrc by afraing a true copy of each to the door of said prcmiscs,whidT,is recipient's C3 actual place of business� dwelling p [3 usual place of abode within the state. Deponent was unable,with due diligence to find recipient or a person of Suitable age and discretion,thereat.having called there I1/25/16 at 4 :00 P .M. 11/29/16 at 7 :30 P .M. 11/26/16 at 9 :30 A.M. 11/30/16 at 8:00 A' M. 11/28/16 at 6 :05 P .M. 12/1/16 at 4 : 15 P .M. On Dec . 1 , 2016 ptment enclosed a copy of same in a postpaid envelope pmptdy addre ssed to mcipient at recipient's wG G actual place of hUSifieSS� dwelling place 0 usuaI pl:ce of abode and deposited t envelope in an official depositor}' under exclusive care and custody of the U-S. Postal Service-The envelope bore the lcgcnd"Personal and Confidendal- Copies mailed First Class and Certified # 7015 3010 0002 3077 3230 0 M21c ❑ While Skin, ❑ Black Hair 0 White Hair C1 14-20 Yrs. ❑ Under 5' 0 Under 100 Lbs- 0 Female ❑ Black Skin C3 Brown Hair G Balding G 21-35 Yrs. C3 5'0"-5'3" © 100-130 Lbs- Yellow Sian Ci Blonde Hair © Mutachc D 36-50 Yrs. C3 5'4"-5'8" © 131-160 Lbs. I Brown S1en ❑ Gray Hair D Beard 0 51-65 Yn.; 0 5'9"-6'0- G 161-200 Lbs. ❑ Red Skin ❑ Rcd Hair ❑ Glasses ❑ Over 65 Yrs. Q Over 6` ❑ Dvcr 200 Lbs. Other identifying features: L] L--rdex Nmber/Date of Filing endorsed thereon. Upon infotYratior,and belief 1 aycr tk¢the rrcipicm is rhos in Lhtary service of New York Stare or of the United States as that tc=2 fEA1rIGf is defined in either the State or in the Federal statutes. Sworn to before me on _ 12/1/2 016wM-- LOUIS ROSTEN Process Server Notary Public,State of New York Clemens W. Pantaleo No-4834354 QUallfied In Putnam Co my Co►rtmfssiOn EXplre5 S S