SUPREME COURT
QUEENS COUNTY
QUEENS COUNTY
I.A. PART 38
NOTICE OF PETITION
INDEX NUMBER 706417/2018
CONDEMNATION PROCEEDING
In the Matter of the Application of the CITY OF NEW YORK Relative to Acquiring Title in Fee Simple Absolute to certain real property where not heretofore acquired for the same purpose, required as a site for the
FDNY ENGINE 268/LADDER 137 FIREHOUSE,
Located at Tax Block 16198, Lot 1 in the Borough of Queens, City and State of New York.
PLEASE TAKE NOTICE, that the City of New York (“City”) intends to make application to the Supreme Court of the State of New York, Queens County, IA Part 38, for certain relief.
The application will be made at the following time and place: At the Queens County Courthouse, located at 88-11 Sutphin Avenue, Courtroom 116, in the Borough of Queens, City and State of New York, on June 7, 2018, at 9:30 A.M., or as soon thereafter as counsel can be heard.
The application is for an order:
- Authorizing the City to file and acquisition map in the Office of the City Register;
- Directing that, upon the filing of the order granting the relief sought in this petition and the filing of the acquisition map, title to the property sought to be acquired and described below shall vest in the City;
- Providing that the compensation which should be made to the owners of the interests in real property sought to be acquired and described above be ascertained and determined by the Court without a jury;
- Directing that within thirty days of the vesting of title the City shall cause a notice of acquisition to be published in at least ten successive issues of The City Record, an official newspaper published in the City of New York, and shall serve a copy of such notice by first class mail on each condemnee or his, her, or its attorney of record;
- Directing that each condemnee shall have a period of one year from the vesting date for this proceeding, in which to file a written claim, demand or notice of appearance with the Clerk of this Court and to serve a copy of the same upon the Corporation Counsel of the City of New York, 100 Church Street, New York, New York 10007.
The City, in this proceeding, intends to acquire title in fee simple absolute to certain real property where not heretofore acquired for the same purpose, for the construction of a firehouse for the Fire Department of New York (“FDNY”) Engine 268/Ladder 137 in the Borough of Queens, City and State of New York.
The description of the real property to be acquired is in this proceeding as follows:
BLOCK 16198, LOT 1
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Far Rockaway in the 5th Ward of the Borough of Queens, City and State of New York:
BEGINNING at the intersection of the northwesterly side of Newport Avenue with the southwesterly side of Beach 116th Street;
RUNNING thence perpendicular to Beach 116th Street and southwesterly along the northwesterly side of Newport Avenue, 200.00 feet to the intersection of the northwest side of Newport Avenue with the northeasterly side of Beach 117th Street;
RUNNING thence perpendicular to the northwesterly side of Newport Avenue and parallel to Beach 116th Street in a northerly direction 131.87 feet to the intersection of the northeasterly side of Beach 117th Street with the southeasterly side of Beach Channel Drive;
RUNNING thence northeasterly along the southeast side of Beach Channel Drive on a course forming an interior angle of 69 degrees 42 minutes 00 seconds with the northeasterly side of Beach 117th Street 213.24 feet to the intersection of the southeasterly side of Beach Channel Drive with the southwesterly side of Beach 116th Street;
RUNNING thence southeasterly along the southwesterly side of Beach 116th Street on a course forming an interior angle of 110 degrees 18 minutes 00 seconds with the southeasterly side of Beach Channel Drive 57.88 feel to the point or place of BEGINNING.
The above-described property shall be acquired subject to encroachments, if any, so long as said encroachments shall stand, as delineated on the Damage and Acquisition Map, dated October 27, 2017.
Surveys, maps or plans of the property to be acquired are on file in the office of the Corporation Counsel of the City of New York, 100 Church Street, New York, New York 10007.
PLEASE TAKE FURTHER NOTICE THAT, pursuant to EDPL § 402(B)(4), any party seeking to oppose the acquisition must interpose a verified answer, which must contain specific denial of each material allegation of the petition controverted by the opponent, or any statement of new matter deemed by the opponent to be a defense to the proceeding. Pursuant to CPLR 403, said answer must be served upon the office of the Corporation Counsel at least seven (7) days before the date the petition is noticed to be heard.
Dated: New York, New York
April 13, 2018
ZAHARY W. CARTER
Corporation Counsel of the
City of New York
Attorney for the Condemnor,
100 Church Street
New York, New York 10007
212-356-4064