Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

judge who would sign an Order to Show Cause to forestall the demolition scheduled for

December 6, 2007. Unfortunately, he could not locate any available judges on that

evening.

67. Immediately thereafter, DePietro returned to the New York Supreme Court courthouse in

Staten Island, intending to be there the first thing on the morning of December 6, 2007 to

obtain a signature on the Order to Show Cause.

68. During the night, DePietro made several trips to the Property, and ensured that the

buildings were locked, sealed and safeguarded properly.

69. The first judge that DePietro spoke with in Staten Island on December 6, 2007, Judge

McMahon, recused herself from considering DePietro's application for an Order to Show

Cause, because of her ties with DOB.

70. The second judge that DePietro spoke with on the morning of December 6, 2007, Judge

Maltese, signed the Order to Show Cause with a return date of December 21, 2007 in the

Supreme Court of the State of New York, Richmond County, and, upon information and

belief, issued a Stop-Work Order enjoining temporarily the demolition of the,buildings at

the Property, and instructed DePietro to serve DOB and the demolition crew at the

Property.

71. The Order to Show Cause and the Stop-Work Order were served on DOB on December

6, 2007, as DePietro was instructed by Judge Maltese.

72. The Order to Show Cause and the Stop-Work Order were also brought to the Property to

be served on the various personnel there on December 6, 2007, as DePietro was

instructed by Judge Maltese, as detailed below.

73.

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NYC-WTC 000159377