Albany County Dist. Attorney's Off. v Dobbs

[*1] Albany County Dist. Attorney's Off. v Dobbs 2006 NY Slip Op 52210(U) [13 Misc 3d 1241(A)] Decided on October 17, 2006 Albany City Ct Stiglmeier, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through November 30, 2006; it will not be published in the printed Official Reports.

Decided on October 17, 2006
Albany City Ct

Albany County District Attorney's Office, Petitioner,

against

Kristy L. Dobbs, Steven James, John and Jane Doe and Dan Friebel, Respondents.



SP 06-1970



P. David Soares, Esq.
Albany County District Attorney
Albany County Judicial Center
6 Lodge Street, 4th Floor
Albany, New York 12207

Jessica Blain-Lewis, Esq.
Assistant District Attorney

Kristy L. Dobbs
Respondent pro se

Dan Friebel
Respondent pro se

Gary F. Stiglmeier, J.

Petitioner, a duly authorized enforcement agency of the County of Albany, a municipal subdivision of the State of New York within the meaning of Section 715 of the Real Property Actions and Proceedings Law (RPAPL), initiates this proceeding to evict respondents, Kristy L. Dobbs (hereinafter "Dobbs") and Steven James (hereinafter "James") and all other sub tenants or [*2]other occupants from premises respondents occupy at 66 Ontario Street, Albany, New York pursuant to a written lease agreement with respondent, Dan Friebel (hereinafter "Friebel"), the owner thereof.

A trial was held before the undersigned on October 5, 2006. Petitioner established through its witnesses and exhibits that on June 21, 2006 in furtherance of the execution of a search warrant, police officers entered respondents' premises where 54.8 grams of crack cocaine and other items used in the packaging and/or sale of controlled substances together with approximately $3,432.00 in cash were recovered. Present at that time in the apartment was respondent, Dobbs, who was arrested and charged with criminal possession of controlled substances and other drug related crimes all in violation of the Penal Law. Respondent, James, was similarly charged and was incarcerated at the time of trial.

Thereafter, and on or about August 25, 2006, respondent, Friebel, was notified by petitioner to commence eviction proceedings under Sections 711 and 715 of the RPAPL to remove respondents, Dobbs and James due to their use of the premises for an illegal trade or business. Petitioner's notification to respondent also set forth, the Court finds, in clear and unambiguous terms, the statutory risks and ramifications faced by respondent, Friebel, as a property owner should he fail to comply or otherwise contact petitioner. Upon his failure to do so, respondent, Friebel was named as an owner-respondent in the proceeding.

Respondent, Dobbs admitted that she was present at the time of the execution of the aforesaid search warrant and that she resided in the premises with respondent, James. She further testified that although she had entered into a plea bargain arrangement with and upon the advice of her retained attorney to resolve the aforesaid criminal charges, she was now dissatisfied with her attorney's representation of her.

Respondent, Friebel, acknowledged receipt of petitioner's notification in August as aforesaid but indicated that, notwithstanding the requirements and warnings set forth therein, he chose to rely upon the advice purportedly given to him from Albany Housing Authority personnel and did nothing.

Upon review of the testimony presented by the witnesses testifying by and on behalf of the parties, considering the documents admitted into evidence and after due deliberation thereon, the Court finds that petitioner has established its entitlement to the statutory relief it seeks.

It was undisputed that the premises in question were used by respondents, Dobbs and James, for illegal purposes; to wit: the unlawful possession and/or sale of controlled substances (crack cocaine) together with the use and/or possession of drug paraphernalia. It is further undisputed that respondent, Friebel, failed and refused to abide by the clear directives and directions provided by petitioner on how he was to statutorily proceed.

By reason of the foregoing, the petition is granted and it is hereby;

(1) Ordered & Adjudged, that possession of the property is awarded to respondent, Friebel through a warrant of eviction issued herewith and effective immediately, authorizing and directing the removal of respondents, Dobbs and James and all other sub tenants or persons using, occupying or leasing the premises thereby; and it is further,

(2) Ordered and Adjudged that respondent, Friebel, pay attorneys fees to the County of Albany in the sum of $500.00 together with the $45.00 filing fee paid to initiate the proceeding for a total of $545.00; and it is further,

(3) Ordered and Adjudged that respondent, Friebel, further pay a civil penalty to the City [*3]of Albany, the municipality in which the subject premises is located, in the amount of $1,000.00.

SO ORDERED.

Dated at Albany, New York

October 17, 2006.

.

____________________________________

Gary F. Stiglmeier

Albany City Court Judge