RECEIVED NYSCEF: 05/16/2023 Atte Supreme Court of the Sat of New ‘York, el in and forthe County of Oran, atthe Courthouse Located 3285 Main Stee, Gashen, New Vor, on the 12° day of May, 2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANG! In the Matter of the Application of THE COUNTY OF ORANGE, STEVEN M. NEUHAUS, in his capacity as Index No.: EF003109-2023 County Executive of the County of Orange, ORANGE, COUNTY DEPARTMENT OF SOCIAL SERVICES, ORDER TO SHOW and DARCIE M. MILLER, in her capacity as CAUSE WITH Commissioner of the Orange County Department of TEMPORARY Social Services, RESTRAINTS Petitioners-Plaintifis, -against- ‘THE CITY OF NEW YORK, ERIC ADAMS, in his capacity as Mayor of the City of New York, and MOLLY WASOW PARK, in her capacity as Commissioner of the New York City Department of Social Services, NEWBURGH EOM LLC, d/b/a ‘The Crossroads Hotel - Newburgh, and RATAN NEWBURGH LLC, d/b/a Ramada by Windham Newburgh/West Point, Respondents-Defendants, And NEW YORK STATE OFFICE OF TEMPORARY DISABILITY AND ASSISTANCE, Nominal Respondent-Defendant For a Judgment pursuant to Article 78 and for a Declaratory Judgment under Article 30 of the Civil Practice Law and Rules. xX Upon the affirmation of Anthony F. Cardoso, Esq., dated the 12" day of May, 2023, and the combined petition and complaint dated the 12" day of May 2023, together with the exhibits attached to this Order to Show Cause and notice pursuant to Rule 202.7(f) of the New York Rules of Court, Page | of 4NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 05/16/2023 LET The City of New York, Eric Adams in his capacity as Mayor of the City of New York, and Molly Wasow Park in her capacity as the Acting Commissioner of the New York City Department of Homeless Services for the City of New York, Newburgh EOM LLC, d/b/a The Crossroads Hotel - Newburgh, Ascend Hotel Collection, Ratan Newburg LLC, d/b/a Ramada by Wyndham Newburgh/ West Point, Respondents-Defendants herein, show cause before this Court at the Courthouse located at Orange County Courthouse, 285 Main Street, Goshen, New York on the 9" day of June, 2023, at 9:15AM in the forenoon or as soon thereafter as the parties can be heard, why an Order should not be made and entered: (1) Pursuant to CPLR 6301 et seq., granting a preliminary injunction during the pendency of this action, restraining and enjoining Respondents-Defendants, The City of New York, Erie ‘Adams in his eapacity as Mayor of the City of New York, and Molly Wasow Park in her capacity as the Acting Commissioner of the New York City Department of Homeless Services for the City of New York, Newburgh EOM LLC, d/b/a The Crossroads Hotel - Newburgh, Ascend Hotel Collection, Ratan Newburg LLC, d/b/a Ramada by Wyndham Newburgh/West Point through its agents, servants, representatives and employees, from transporting any further homeless adult individuals residing in a temporary shelter in New York City to hotels within Orange County, including but not limited to the Crossroads Hotel - Newburgh, and/or the Ramada by Wyndham Newburgh/West Point; and (2) Granting such other and further relief as to this Court may deem just and proper, including an award of costs and disbursements to Petitioners-Plaintifts. SUFFICIENT REASON APPEARING THEREFOR, that pending a hearing and determination of the within application, itis hereby Page 2 of 4NO. 23 RECEIVED NYSCEF: ORDERED that, upon the consent of the parties, with appellate rights reserved effective May 16, 2023, Respondents-Defendants, The City of New York, Eric Adams in his capacity as Mayor of the City of New York, and Molly Wasow Park in her capacity as the Commissioner of the New York City Department of Social Services for the City of New York, Newburgh EOM LLC, d/b/a The Crossroads Hotel - Newburgh, Ascend Hotel Collection, Ratan Newburg LLC, d/b/a Ramada by Wyndham Newburgh/West Point through its agents, servants, representatives, and employees, are temporarily restrained from transporting any further homeless adult individuals residing in a temporary shelter in New York City to hotels within Orange County, including but not limited to the Crossroads Hotel - Newburgh, and/or the Ramada by Wyndham Newburgh/ West Point, except for the 186 individuals (110 at Crossroads and 76 at Ramada) currently occupying the subject premises may remain in occupancy until the further Order of this Court, Should any occupant vacate the subject premises, no new occupants may be admitted; and it is further ORDERED that the City of New York shall not transport any further migrants and/orasylum- seekers to Orange County; and itis further ORDERED that Plaintiffs-Petitioners shall be entitled to make statutory inspections at the subject premises, upon reasonable notice to defendants-respondents, such inspections shall not interfere with services being provided to the occupants; and it is further ORDERED that the City of New York shall continue to provide and shall continue to incur all related expenses for services provided to occupants, including but not limited to medical, meals, laundry, security and transportation; and itis further ORDERED that to the extent permitted by law, defendants-respondents shall provide Plaintifis-Petitioners with identification for all occupants within 5 days of the date hereof. Page 3 of 4 05/16/2023NYSCEF DOG. NO. 23 RECEIVED NYSCEF: 05/16/2023 Defendants-Respondents shall promptly notify plaintiffs-petitioners of any occupants who vacate the subject premises; and it is further ORDERED, that service of a copy of this Order together with the papers which it is based shall be made by NYSCEF Service upon all parties on or before the 17* day of May, 2023, shall be deemed good and sufficient service; and itis further ORDERED, that pursuant to Section 7804( ) of the Civil Practice Law and Rules, a verified answer and opposing affidavits, if any, shall be filed and served upon the Office of the Orange County Attorney, counsel for Petitioners-Plaintiffs at their offices at 255-275 M: Street, Goshen, New York 10924 on or before June 2, 2023. Reply papers, if any, shall be filed and served by June 9, 2023; and it is further ORDERED, that the parties shall appear for in-person conference on June 21 am. Dated: May 16, 2023 ENTER: Goshen, New York hes HON. SANDRA B. SCIORTINO, 1.S.C. Page 4 of 4NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/16/2023 Atte Supreme Court ofthe tate of New "York, ld in and forthe Count of Orgs, atthe Courthouse Lacie a 285 Min Set, Goshen, New York, om the [2° day of May, 2023, SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE COUNTY OF ORANGE, INDEX NO: EF003107-2023 Plaintiff, ORDER TO SHOW CAUSE WITH TEMPORARY -against- RESTRAINING ORDER THE CROSSROADS HOTEL, NEWBURGH EOM, LLC, RAMADA BY WINDHAM, and RATAN NEWBURG, LLC, Defendants. UPON READING AND FILING the application of Plaintiffand the accompanying affidavit of Orange County Executive Steven M. Neuhaus, swom on May 12, 2023, the attorney affirmation, memorandum of law in support and upon the summons and complaint of Plaintiff County of Orange, ‘on May 12, 2023, together with all the papers and pleadings heretofore had herein; LET DEFENDANTS SHOW CAUSE, at an JAS Part of this Court before an Honorable Justice of the Supreme Court, to be held in and for the County of Orange, 285 Main Street, Goshen, New York on June 9, 2023, or as soon thereafter as counsel can be heard, why ean Order should not be entered, pursuant to the provisions of the Civil Practice Law and Rules, and Executive Law §24: 1. Restraining and enjoining the Defendants, along with its trustees, officers, employees, servants, agents, attorneys, affiliates, and all other persons acting on Defendants’ behalf, from violating Orange County Executive Order No. | of 2023 at, on or within the properties located 5 Lakeside Road, Newburgh, New York 12550 and 1289 Route 300 Newburgh, New York 12550, from modifying, altering, changing, using or operating the subject properties referenced in the complaint as shelter for Page | of 3NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/16/2023 hon-transient guests, at, on or within the subject property as otherwise referenced in the Complaint, as it violates Orange County Executive No. | of 2023; 2. Restraining and enjoining Defendants, along with its trustees, officers, employees, ‘servants, agents, attorneys, affiliates and all other persons acting on Defendants’ behalf, from using the subject properties referenced in the complaint in violation of Orange County Executive Order No. 1 0f 2023, resulting from an influx of individuals without housing from the City of New York, orany other municipality unless and until expressly permitted under local law and executive laws of the County of Orange; 3. Together with such other and further relief as this Court may deem just and proper, and itis further ORDERED, ADJUDGED AND DECREED, upon the consent of all parties with reservation of appellate rights, effective May 16, 2023, that Defendants, along with its trustees, officers, employees, servants, agents, attorneys, affiliates and all other persons acting on Defendants” behalf are hereby restrained and otherwise enjoined, either directly or indirectly, from 1. Transporting any further migrants and/or asylum-seekers to Orange County; 2. Further modification, alteration, or change either directly or indirectly at, on, or within the properties, located at 5 Lakeside Road, Newburgh, New York 12550 and 1289 Route 300 Newburgh, New York 12550 and otherwise referenced in the Complaint, except for bedding changes in occupied rooms, unless and until expressly permitted under local law and executive laws of the County of Orange; 3. Plaintiff may continue to perform statutory inspections at the subject premises, on notice to defendants. Such inspections shall not interfere with the services provided to occupants: 4. Using or operating the subject properties, as otherwise referenced in the complaint as a Page 2 of 3NYSCEF Doc. NO. 16 CEIVED NYSCEF: 05/16/2023 shelter for non-transient guests, at, on or within the subject properties, as otherwise referenced in the complaint, except that those 186 persons already occupying the subject properties (110 at Crossroads and 76 at Ramada) may remain in occupancy until further Order of this Court. Should any occupant vacate either property, no new occupant may be admitted, unless and until such use is permitted under local law and executive laws of the County of Orange; 5. The City of New York shall continue to provide and shall continue to incur all related expenses for services provided to occupants, including but not limited to medical, meals, laundry, security and transportation; 6. To the extent permitted by law, defendants shall provide plaintiff with identification information for each occupant, within 5 days of the date hereof. Defendants shall notify plaintiff of any occupants who vacate the subject premises. 7. Except as provided-herein, using the subject property referenced in the complaint in violation of local codes and laws and Orange County Executive Order No. | of 2023 ORDERED, that service ofa copy of this Order to Show Cause, together with the papers upon which it was made, by NYSCEF Service, before May 17, 2023 be deemed good and sufficient service: and ORDERED, that answering papers, if'any, are to be served upon counsel for the Plaintiff no later than June 2, 2023. Reply papers, if any, are to be served upon Defendants’ counsel no later than June 9, 2023. The parties shall appear for in-person conference on June 21, 2023 at 10:00AM Dated: May 16, 2023 Goshen, New York ON. SANDRA B. SCIORTINO, J.S.C. Page 3 of 3NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/16/2023 Ate Supreme Cou ofthe State of New York, eld in and forthe County of Orange athe Courthouse Located 388 Main Sect, Goshen, Ne Yor on the 12" dy of May, 2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE TOWN OF NEWBURGH, NEW YORK, INDEX NO.: EF003105-2023 Plaintiff, ORDER TO SHOW CAUSE WITH TE! IRARY RESTRAINING ORDER -against- NEWBURGH EOM LLC, NEWBURG EOM LLC d/bia CROSSROADS HOTEL, and CROSSROADS HOTEL, Defendants. UPON READING AND FILING the application of Plaintiff and the accompanying Affidavits of Gerald Canfield, swom to on May 11, 2023 and Gilbert J. Piaquadio, swom to on May 12, 2023, and the Memorandum of Law in Support dated May 12, 2023; and upon reading the annexed Summons and Complaint of the Town of Newburgh, New York, verified on May 12,2023; together with all papers and pleadings heretofore had herein; LET DEFENDANTS ABOVE NAMED OR THEIR ATTORNEYS SHOW CAUSE BEFORE THIS COURT before the Honorable Sandra B. Sciortino, Justice of the Supreme Court, at the Orange County Courthouse located at 285 Main Street, Goshen, New York, on June 9, 2023 at 9:15AM or as soon thereafter as counsel can be heard, why an Order should not be entered, pursuant to the provisions of the Civil Practice Law and Rules and the Town Code of the Town of Newburgh, New York: Page | of 4MYSCEF DOC. NO. 17 RECEIVED NYSC 05/16/2023 1, Immediately and temporarily restraining and enjoining Defendants from further modific mn, alteration, or change of use, of the property located at 5 Lakeside Road, Newburgh, New York 12550, and as otherwise referenced in the Complaint, unless and until such time as appropriate permit applications are filed with the Town of Newburgh, appropriate inspections are conducted, and continued activity is approved by the Town of Newburgh and any other required governmental authority; 2. Immediately and temporarily restraining and enjoining Defendants, from using or operating the subject property referenced in the Complaint as a shelter for the long-term housing of non-transient guests, at, on, or within the subject property as otherwise referenced in the Complaint unless and until such use is approved by the Town of Newburgh and any other required governmental authori 3. Immediately and temporarily restraining and enjoining Defendants from using the subject property referenced in the Complaint in violation of the Town Code of the Town of Newburgh, New York, resulting from an influx of non-transient single men from the City of New York, or any other municipality, unless and until expressly permitted under local laws of the Town of Newburgh; and 4, Immediately and temporarily directing the Defendants to return the influx of approximately sixty (60) non-transient men accepted by the defendants from the City of New York to the care, custody, and control of the City of New York 5, Together with such other and further relief as this Court may deem just and proper; and it is further Page 2 of 4ORDERED, ADJUDGED, AND DECREED that, upon the consent of all parties, with reservation of appellate rights, effective May 16,2023, pending the hearing and determination of this motion, Defendants are hereby immediately and temporarily enjoined from: 1, Transporting any further migrants and/or asylum-seekers to Orange County; 2. Immediately and temporarily restraining and enjoining Defendants from further modific mn, alteration, or change of use, except for bedding changes in occupied rooms, of the Properties located at 5 Lakeside Road, Newburgh, New York 12550 and 1289 Route 300 Newburgh, New York 12550, and as otherwise referenced in the Complaint, unless and until such time as appropriate permit applications are filed with the Town of Newburgh, appropriate inspections are conducted, and continued activity is approved by the Town of Newburgh and any other required governmental authority; 3. Immediately and temporarily restraining and enjoining Defendants, from using and operating the subject property referenced in the Complaint as a shelter for the long-term housing of non-transient guests, at, on, or within the subject property at otherwise referenced in the Complaint unless and until such use is approved by the Town of Newburgh and any other required governmental authority, except that those 186 (110 at Crossroads and 76 at Ramada) individuals currently occupying the subject premises may remain in occupancy until further Order of this Court Should any occupant vacate the subject premises, no new occupants may be admitted; 4, The City of New York shall continue to provide and shall continue to incur all related expenses for services provided to occupants, including but not limited to medical, meals, laundry, security and transportat Page 3 of 4 - 17 RECEIVED NYSCEF: 05/16/2023NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 05/16/2023 5. Immediately and temporarily restraining and enjoining Defendants from using the subject property referenced in the Complaint in violation of the Town Code of the Town of Newburgh New York. Plaintiff may continue to perform statutory inspections at the subject premises, upon notice to defendants. Such inspections shall not interfere with services provided to the occupants by the City of New York; 6. To the extent permitted by law, Defendants shall provide Plaintiff with identification information for all occupants within $ days of the date hereof. Defendants shall promptly notify plaintiff of any occupants who vacate the subject premises. ORDERED, that service of a copy of this Order to Show Cause, together with the papers upon which it was made, by NYSCEF Service on or before May 17, 2023, be deemed good and sufficient service; and it is further ORDERED that answering papers, if any, are to be filed and served upon counsel for Plaintif'no later than June 2, 2023. Reply papers, ifany, are to be filed and served upon Defendants’ ‘counsel no later than June 9, 2023; and it is further ORDERED, that the parties shall appear for in-person conference on June 21,2023 at 10:00 am. Dated: May 16, 2023 Goshen, New York HON. SANDRA B. SCIORTINO, J.S.C. Page 4 of 4