At the Ex-Parte Motion Part of the Supreme Court of the State of New York, County of New York, held at the Courthouse located at 60 Centre Street, New York, New York October, 2016 HON. J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x WEST HARLEM COMMUNITY ORGANIZATION, INC., 240-2 WEST 116 STREET HOUSING DEVELOPMENT FUND CORPORATION, LENOX AND PENNAMON HOUSING DEVELOPMENT FUND CORPORATION, EDITH PENNAMON APARTMENTS HOUSING DEVELOPMENT FUND CORPORATION, and 157 WEST 119 STREET HOUSING DEVELOPMENT FUND CORPORATION, vs. Plaintiffs, WEST HARLEM COMMUNITY ORGANIZATION LOCAL DEVELOPMENT CORPORATION, ANDRE SOLEIL, JOEDNEE COPELAND, ALFRED WORLEY and MIAMI CAPITAL, LLC., Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X Index No. 651802/2016 [PROPOSED] ORDER FOR THE WITHDRAWAL OF FUNDS Upon the Petition of West Harlem Community Organization et al., associated Exhibits and the Affirmation of Janice I. Goldberg, Esq., in support of an Ex Parte Petition for an Order permitting the return of deposit, pursuant to CPLR 2607, ORDERED, that the Commissioner of Finance of the City of New York release the sum of $1,000 plus interest, if any, less lawful fees, payable to Jeanette B. Spencer and remitted to Jeanette B. Spencer at 3181 Moonlight Drive, Charleston, South Carolina, 29414 with respect to the following Certificate of Deposit of the Department of Finance
Certificate No. Account No. Date 2545900 15012909 10/12/2016 upon presentation of a certified copy of this Order. E N T E R J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------- x WEST HARLEM COMMUNITY ORGANIZATION, INC., 240-2 WEST 116 STREET HOUSING DEVELOPMENT FUND CORPORATION, LENOX AND PENNAMON HOUSING DEVELOPMENT FUND CORPORATION, EDITH PENNAMON APARTMENTS HOUSING DEVELOPMENT FUND CORPORATION, and 157 WEST 119 STREET HOUSING DEVELOPMENT FUND CORPORATION, -against- Petitioners, WEST HARLEM COMMUNITY ORGANIZATION LOCAL DEVELOPMENT CORPORATION, ANDRE SOLEIL, JOEDNEE COPELAND, ALFRED WORLEY and MIAMI CAPITAL, LLC., Respondents. ---------------------------------------------------------------- x Index No. 651003/2015 PETITION IN SUPPORT OF WITHDRAWAL OF FUNDS Petitioners West Harlem Community Organization, Inc. ( WHCO or Petitioner ), 240-2 West 116 Street Housing Development Fund Corporation ( 240-2 West 116 HDFC ), Lenox and Pennamon Housing Development Fund Corporation ( Lenox HDFC ), Edith Pennamon Apartments Housing Development Fund Corporation ( Edith Pennamon HDFC ), and 157 West 119 Street Housing Development Fund Corporation ( 157 West 119 HDFC and, collectively with 240-2 West 116 HDFC, Lenox HDFC and Edith Pennamon HDFC, the Petitioner HDFCs ), by their attorneys, Herrick, Feinstein LLP, in support of its Petition for an Order, respectfully allege as follows
1. Petitioner WHCO is a New York not-for-profit charitable corporation, incorporated under the New York State Not For Profit Corporation Law, with offices at 121 West 128th Street, New York, New York. 2. Petitioner 240-2 West 116 HDFC is a New York not-for-profit charitable corporation, incorporated under Article IX of the New York State Private Housing Finance Law, with an address c/o West Harlem Community Organization, Inc., 121 West 128 th Street, New York, New York. 240-2 West 116 HDFC is the fee owner of a parcel of real property improved by a multi-residential dwelling, located at the address commonly known as 240-244 West 116th Street, New York, New York. 3. Petitioner Lenox HDFC is a New York not-for-profit charitable corporation, incorporated under Article IX of the New York State Private Housing Finance Law, with an address c/o West Harlem Community Organization, Inc., 121 West 128 th Street, New York, New York. Lenox HDFC is the fee owner of several parcels of real property improved by multi-residential dwellings, located at the addresses commonly known as 202 St. Nicholas Avenue, New York, New York; 208-218 St. Nicholas Avenue, New York, New York; 100-2 Lenox Avenue, New York, New York; and 102-4 West 114th Street, New York, New York. 4. Petitioner Edith Pennamon HDFC is a New York not-for-profit charitable corporation, incorporated under Article IX of the New York State Private Housing Finance Law, with an address c/o West Harlem Community Organization, Inc., 121 West 128 th Street, New York, New York. Edith Pennamon HDFC was the fee owner of a parcel of real property improved by a multi-residential building, located at the address commonly known as 218 West 116th Street, New York, New York at all relevant times up until the unlawful sale of such property as set forth in further detail herein. 2
5. Petitioner 157 West 119 HDFC is a New York not-for-profit charitable corporation with an address c/o West Harlem Community Organization, Inc., 121 West 128 th Street, New York, New York. 157 West 119 HDFC is the fee owner of a parcel of real property improved by a multi-residential building, located at the address commonly known as 157 West 119th Street, New York, New York. 6. On May 19, 2015, Petitioners moved, by order to show cause, for a preliminary injunction (i) restraining Respondents from transferring, encumbering or otherwise dissipating the assets or monies of the Petitioner HDFCs, (ii) restraining Respondents from engaging in any managerial or other business activities with respect to the Petitioner HDFCs, or taking any distributions from the Petitioner HDFCs, (iii) directing respondents Copeland and Worley to cease holding themselves out as officers or employees of the Petitioner HDFCs, (iv) directing that WHCO and its designated representatives shall have the exclusive authority to take any and all action on behalf of the Petitioner HDFCs, and (v) directing WHCO LDC, Copeland and Worley to cooperate with WHCO and its designated representatives to provide all information requested as to the books and records of the Petitioner HDFCs and to return all books and records of the Petitioner HDFCs in their possession. See Affirmation of Janice I. Goldberg sworn to October 21, 2016 ( Goldberg Aff. ) 7, submitted simultaneously herewith. 7. Respondent West Harlem Community Organization Local Development Corp. ( LDC ) opposed Petitioners order to show cause. See Goldberg Aff. 8. 8. On September 30, 2015, this Court granted Petitioners motion for a preliminary injunction in its entirety and restrained and enjoined the Respondents as set forth in paragraph 6 above. See Goldberg Aff. 9. 3
9. This Court further ordered, pursuant to CPLR 6312(b), that Petitioners post a bond in the amount of $1,000.00 by October 5th, 2015. See Goldberg Aff. 10. 10. On or about October 5, 2015, Petitioners posted an undertaking of $1,000 in compliance with this Court s Order (the Bond ). See Goldberg Aff. 11, Ex. A. 11. Thereafter, Petitioners claims against Respondent LDC were dismissed in Court on the record on November 4, 2015, upon which this Court granted Petitioners application to vacate the Bond by Order dated November 4, 2015. See Goldberg Aff. 12. 12. Upon information and belief, the Bond was transferred to and has since been held by the New York Department of Finance. See Goldberg Aff. 13. 13. On or about October 12, 2016, the Commissioner of Finance of the City of New York issued a Certificate of Deposit certifying that the Bond is currently held by the Commissioner of Finance. See Goldberg Aff. 14, Ex. B. 14. It is respectfully requested, and the annexed Order so provides, that a check in the amount of monies on deposit, with interest, less any lawful fees, be made payable to Jeanette B. Spencer, and remitted to Jeanette B. Spencer at 3181 Moonlight Drive, Charleston, South Carolina, 29414. See Goldberg Aff. 15. 15. Therefore it is respectfully requested that the Court execute the annexed Order directing the Commissioner of Finance of the City of New York to pay to Jeanette B. Spencer the monies on deposit, with interest, less any lawful fees, upon submittal of a certified copy of the proposed Order submitted herewith. See Goldberg Aff. 16. 16. No previous application has been made for this or similar relief. 4
WHEREFORE, Petitioners respectfully request that the annexed Order be signed directing the Department of Finance to pay to Ms. Spencer the monies on deposit, with interest, less any lawful fees. Dated New York, New York October 21, 2016 HERRICK, FEINSTEIN LLP By_s/Janice I. Goldberg William R. Fried Janice I. Goldberg Attorneys for Plaintiffs. 2 Park Avenue New York, New York 10016 212.592.1400 5