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City Response to Order

City Response to Order

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Published by: xoneill7715 on Nov 15, 2011
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11/15/2011

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SUPREMECOURT
OF
THE
STATE
OF
NEW
YORK
::^ll::Ì:yl?Y
...........x
In
the
Matter of
the
application
of
Jennifer Waller,
et. al.,
Petitioners/Plaintiffs,
-against-
THE
CITY
OF
NEV/YORK,
et.
al.,Respondents/Defendants.
AFFIRMATION
OFDEPUTY
MAYOR
CAS
HOLLOWAYIN
OPPOSITION
TOTRO
Index
No.lll
CAS
HOLLOWAY,
an
attorneyadmitted
to
practice before
the
courts
of
the
State
ofNewYork, affirms
the
following
to
be
true, upon
information
and
belief,
underpenalty
of
perjury
pursuant
toRule
2106
of
the
Civil
Practice
Law
and
Rules
("CPLR"):
l.
I
am
theDeputyMayor
for
Operations
for
the
Cityof
New
York.I
am
also an attorneyadmitted
to
practice
lawin
the
State
of New
York.
In
my
capacity
as
Deputy
Mayor
for
Operations
I
havebeen
involved
in
monitoringthe Occupy
Wall
Street
protest.
I
am
familiar
with
thefacts
set
forth
herein
based
upon
my
involvement
in
this
matter,including
personalobservations, the
relevant
documents
attached
hereto,
myreview of
therecords
and
files
maintained
by
the
City
of New
York
and
my
conversations
with
employees,
officers
and
agents
of
the
City
ofNew
York.
2.I
submit
this
affirmation
in
opposition
to
the
ex
parte
temporary
restrainingorderobtained
bypetitioners/plaintiffs
early
this
morning
concerning
whatis known
as
the Occupy
Wall
Street
protest
taking
place
at
Zuccotti
Park.
I
strongly
urge
that
this
Court
not
extend
the
TRO
and
permitBrookfield
and
the
City
to
go
forward
with
theirplan
of
re-
 
openingthe
park
toall
members
of the
general
public,
including
protestors,
whiletaking
steps
to
prohibit
the
use
of
the
park
in
a
manner
that
creates
a
public
safetyhazard,
allows
unhealthy
and
unsafe
conditions
to
flourish
andprevents
all
members
of
the
general
public
from
using
and
enjoying
the
park.
If
thisTRO
is
extendedand
conditions
in
thePark
are
allowedto
berestored
to
that
which
existed
immediately
prior
to
this
morning's
enforcementaction,
the
unsafe
and
unsanitaryconditions
and
the
substantialthreat
to
public
safety
as
determined
by
the
Police
and
Fire
Deparlments,
and
detailedherein
will
once
againbe created.
3.
At
approximately1:00
this
morning,
members
of
the
NewYork
City
police
Departmentpresent
at
ZuccottiPark
began
announcing
via
bullhom
and
written
notices
instructingthoseoccupying
the
Park
that
(l)
they
must
immediatelyremove
all
property,
including
tents,sleeping
bagsand
tarps,
from
thePark.;
(2)
theymust
immediately
leavethe
park
on
a
temporarybasis
so
that
it
can
be
restored
to
its
intended
use;
(3)
they
will
beallowed
to
retumtothe
Park
whenthis
work
is complete;(a)
if
they
fail
to
remove
theirproperty,
it
will
be
removedand transported
to
a
Department
of
Sanitation
garage
at
57th
Street
where
it
can
be
recovered
with
proper
identification;
and
(5)
if
they
fail
to
leave the
park,
or
it
theyinterfere
with
effortsto
remove
property
from
thepark,they
will
be subject
to
arrest.
.4.
Presently
the
Parkremainsclosed
to
the
public
as
it
is
restored
to
a
condition
in
which
it will
beopen
and
available
to
both
the
Occupy
Wall
Streetprotestors
and
othermembers
of
the
general
public,
however,
as
the
Mayor
indicatedduringhis
address
earliertoday
it
is
ourintention
thattheParkre-open
imminently'
5.
As
detailedherein,
this
response
was
necessarybecause
conditions
in
the
park
prevented the
parkfrom
being
openand
accessible
to
all
members
of
the
public
as
required-2-
 
by its
special
permitandalso
constituted
afire
safety hazard
as
determined
by
the
FireDepartment.
6.
The
timingof
the
response
was also
necessarybecause,
as
detailed
herein,
giving
advance
notice,
or
conducting
therestoration
duringdaytime
hours
would
havepresented
a
significant
risk to
the
occupiers,
law
enforcementandmembers
of
the
general
public
in
the
vicinity
of
the
park
as
illustrated
by all
that
has
occurred
in
the
Park since the occupation
began
on
September
17,
including
organizedresistance
when
Brookfield
previously
gave
advance
notice;
violence
in
other Occupy
Wall
Street
locations throughoutthenation that
hasoccurred
when
government
attempted
to
remove
occupiers
from
sites; and
the
large
presence
of
tourists,residents
and business
people
in
theimmediate
vicinity
of
thePark
during
daytime
hours.
7.
Photographs
illustrating
the
conditions
in
the
Park
as
of
2:00
p.m.
yesterday are
attached
hereto as
Exhibit
A.
I
have reviewed
the
photos,
and
I
personallyobserved these
conditions
forming
during
repeated
visits
over the
past
few weeks.
I
personally
witnessed
the
steady
accumulation
of
combustibles,smoking,
and
other
hazards
shown
in
the
photos.
My
most
recent
visit
was
Friday
evening,
when
I
circled
the
park
and
walked
through
theentire
site.
During that
visit
I
witnessedmany
conditionssimilar
to
those depicted
in
the
photos.
In
addition,
it
is
my
understanding
that
as
of this
weekendtheprotestors
began
tobring
in
woodenpallets
to
elevate
their
tents and
erect
a
woodenstructure
which
significantly
increased the
risk of
fire.
8.
As
a
result
of
these
conditions
the
Fire
Commissioneralso
issued an
order
to
Brookfield
Properties,
inter
alila,
directing
the
removal
of
combustibles
and clearing
allobstructions
so
as
to maintainthePark's
egress
free
from obstructions.
A
copy
of
theorder
is
attached
as
Exhibit
B.-3-

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