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NORMANDY REALTY INC. v. BOYER

Petitioner instituted this Narcotics Holdover proceeding pursuant to a letter from the office of the District Attorney, Bronx County. The proceeding was commenced pursuant to Sections 711 and 715 of the Real Property Actions and Proceedings Law, Section 231 of the Real Property Law and Section 252.....

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Petitioner instituted this Narcotics Holdover proceeding pursuant to a letter from the office of the District Attorney, Bronx County. The proceeding was commenced pursuant to Sections 711 and 715 of the Real Property Actions and Proceedings Law, Section 231 of the Real Property Law and Section 2524.2(b) and 2524.3(d) of the Rent Stabilization Code.

Petitioner alleges that respondent and undertenants are using the subject premises for the illegal purpose of selling narcotics. The letter which the District Attorney’s office sent to the landlord included a copy of the Criminal Court complaint which states that Alan Chavez and Jane Olivea were arrested on March 5, 2003 inside the subject premises, i.e., 1221 White Plains Road, Apartment 105, Bronx, New York, at approximately 4:30 p.m. as a result of the execution of a search warrant issued by Bronx Criminal Court on March 3, 2003. Mr. Chavez and Ms. Olivea were charged with one felony count of criminally possessing a controlled substance and four misdemeanor counts of criminally possessing a controlled substance, two counts pertaining to the criminal use of drug paraphernalia, as well as the criminal possession of marijuana.

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