`FILED: ONONDAGA COUNTY CLERK 04E2019 09:01 ‘
`
`NYSCEF DOC. NO. 12
`NYSCEF DOC. NO. 12
`
`INDEX NO. 000676/2019
`INDEX NO- 000676/2019
`
`
`
`
`
`R«C«IV«D VYSCEF: 04/19/2019
`RECEIVED NYSCEF: 04/19/2019
`
`
`
`At a Term of the Supreme Court of the State of New
`York, County of Onondaga, 401 Montgomery Street,
`Syracuse, New York, on March 20, 2019.
`
`Present: Hon. Gerard J. Neri, J.S.C.
`
`SUPREME COURT
`
`STATE OF NEW YORK
`
`COUNTY OF ONONDAGA
`
`City of Syracuse,
`Petitioner,
`
`v.
`
`Michel Ceres aka Michael Ceres,
`Respondent.
`
`ORDER FOR DEMOLITION
`
`1306-08 Midland Avenue
`Re:
`Case No.: D2018-0057
`
`Index No.:
`
`00676/2019
`
`RH No.:
`
`33-19-0232
`
`The City of Syracuse (“the City”) having petitioned this Court for an Order of Demolition
`
`under Sections 27-115, 27-116 and 27-117 of the Property Conservation Code of the City of
`
`Syracuse for the unoccupied, two-story, single-family residential structure (hereinafter “the
`
`Property”) on the premises commonly known as 1306-08 Midland Avenue, Syracuse, New York,
`
`based on the City’s determination that the Property at 1306-08 Midland Avenue is a health and
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`safety hazard to the general public, immediate neighbors and residents and public employees
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`performing municipal duties and services in the area or at the site of the vacant structure, and,
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`therefore, the Property should be demolished because it is an unoccupied hazard, unfit for human
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`habitation, a danger to human life and detrimental to health; and on March 20, 2019, said special
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`proceeding having come to be duly heard before this Court;
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`FILED: ONONDAGA COUNTY CLERK 04/22/2019 09:01 AM
`FILED: ONONDAGA COUNTY CLERK 04m2019 09:01 .
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`NYSCEF DOC. NO. 12
`NYSCEF DOC. NO. 12
`
`INDEX NO. 000676/2019
`INDEX NO- 000676/2019
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`
`
`
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`R«C«IV«D VYSCEF: 04/19/2019
`RECEIVED NYSCEF: 04/19/2019
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`NOW, upon reading Petitioner’s Notice of Petition and Petition dated January 18, 2019,
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`with the Affidavit ofBrian P. Eisenberg with attached Exhibits; and upon the appearance on March
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`20, 2019, of Assistant Corporation Counsel Ramona L. Rabeler, Esq., for the Petitioner, in support
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`of the motion; and Respondent, Michel Ceres aka Michael Ceres, having failed to appeared; and
`
`the petition having regularly come on to be heard before Hon. Gerard J. Neri, J.S.C.; and due
`
`deliberation having been had, and the Court having rendered a decision on said date granting
`
`Petitioner’s request for an Order of Demolition; it is now
`
`ORDERED, that Petitioner The City of Syracuse is granted an Order of Demolition for
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`the Property on the premises located at 1306-08 Midland Avenue and said Property having been
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`found to be an unoccupied hazard, unfit for human habitation, a danger to human life and
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`detrimental to health; and it is
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`FURTHER ORDERED, that the only work Respondent may perform at or on the
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`Property located at 1306-08 Midland Avenue, other than demolition, shall be for the sole purpose
`
`of securing the Property or abating any hazard on the Property, until such time as the actual
`
`demolition shall occur; and it is
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`FURTHER ORDERED, that Respondent is prohibited from doing anything which would
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`in any way attempt to frustrate the enforcement of this Order of Demolition, including but not
`
`limited to selling, transferring or otherwise conveying or entering into any contract to sell, transfer
`
`or otherwise convey all or any part of his ownership interest in the premises at 1306-08 Midland
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`Avenue prior to the completion of the demolition of the Property located on the premises at 1306-
`
`08 Midland Avenue; and it is
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`FILED: ONONDAGA COUNTY CLERK 04/22/2019 09:01 AM
`FILED: ONONDAGA COUNTY CLERK 04E2019 09:01 ‘
`
`NYSCEF DOC. NO. 12
`NYSCEF DOC. NO. 12
`
`INDEX NO. 000676/2019
`INDEX NO' 000676/2019
`
`
`
`
`
`R«C«IV«D vYSCEF: 04/19/2019
`RECEIVED NYSCEF: 04/19/2019
`
`
`
`FURTHER ORDERED, that Petitioner City of Syracuse, by and through its agents, may
`
`demolish the Property at 1306-08 Midland Avenue at any time afler service by mail of this Order
`
`on Respondent; and it is
`
`FURTHER ORDERED, that Petitioner City of Syracuse shall be allowed to recover the
`
`cost of the demolition, plus a surcharge of fifteen percent (15%) from Respondent as allowed by
`
`Section 27-117 of the Property Conservation Code of the City of Syracuse, together with costs
`
`pursuant to Section 8201 ofthe CPLR in the amount of $200.00, disbursements pursuant to Section
`
`8301 of the CPLR and nine percent (9%) statutory interest pursuant to Sections 5001, 5002, 5003
`
`and 5004 ofthe CPLR from the date of the Petition, by any means legally available and necessary,
`
`including but not limited to entering and enforcing ajudgment pursuant to New York Civil Practice
`
`Laws and Rules.
`
`ENTER.
`
`Dated:
`
`2019
`Syracuse, New York
`
`__
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`Hon. Gerard J. Neri, J.S.{
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