Broadway Bomb Longboard Outlaw 2012

7/22/2019 Broadway Bomb Longboard Outlaw 2012

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'-:*Y l.--r,tt\5 At Individual Assignment part of theat 60 Centre Street, New york, New yorkon the _ day of'October,20lZ.PRESENT:HON. IJUSTICE

YMOND,KELLY, ASYORK CITY POLICE |{:\r4(THE CITY OF NEV/ YORK, RACOMMISSIONER of THE NEwDEPARTMENT, ,,T

Plaintiffs, ORDER TO SHO\il CAUSEIndexNo..l))57/rADatefiled fo-iy-lZ

-against-

Defendantsx

Upon reading and filing the annexed affirmation of clrrusrrNe L. HOGGAN, Esq.,

I

IAN NICHOLS and Ny LONGBOARD ASSOCIATION,

dated october 18,2012; the affirmation of New York city Police Deartrelf Lieutenant Robertcorbett, dated october 17,2012; the affirmation pursuant to Rule 202.7( dated october 17,2l:2;together with the Exhibits, summons and verified complaint, verified by Gabriel rr,Esq. on Qctober 17,2012, ttt the derendants or their *o-.rfifitr:::::this courr at r.A.s. rart lRoom -!R obe held at the courthouse, located at 60 centre Street, New york county, city


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F -("RCNY") Section 19-05, and $ 6301 and g 6311 of the Civil Practice Law and Rules (,.CpLR"):

A. Enjoining the defendants, their agents, employees and/or representatives,and any and all persons who have registered.with defendants via theregistration procbdrlrers avaiiable at www.broadwaybomb. com, facebook,or elsewhere, or who are present with their skateboards or longboards atthe designated startirg point for the Broadway Bmb race (ll6th streetand Broa(way) at the desated stating time of the race (noon) onoctober 20,2012,rr any other location, from participating in the planned\and unpermitted Broadway Bomb race, or any other similar unpermittedevent;Enjoining the defendants, their agents, employees and/or representativesfrom further promoting or accepting further regisation for theunpermitted Broadway Bomb race scheduled to take place on october 20,2012, or any other similar unpermitted event;Requiring defendants to notif registered participants that, pursuant tocourt order, the Broadway Bomb race and the planned flash mob will notoccur on october 20, 2012, and that participants in any such events orsimilar unpermitted events, will be subject to arrest, by: l) e-mailing theregistered participants at the e-mail addresses they provided in registering

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--W.,to court order the Broadway Bomb race and the planned flash mob willnot occur on oclober 20,20r2,and that participant, ir urry such event, orany other similar unpermitted event, will be subject to arrest; andEnjoining the ddferldants, their agents, employees and/or representatives,from organizing, promoting or otherwise participating in an eventinvolving the racing r riding Skateboards on any pUtic street in violationof Adminr*strative code $10-110, without fust obtaining a parade permitfrom the New Ycjrk city Police Departrnent ("police Department") andpaylng the Police Deparhnent the requisite fee pursuant to 3g RCNY $19-05 during the pendency of this action.Enjoining the defendants, their agents, employees and/or representatives,from announcing any ne\ry unpermitted ace via Facebook,www.broadwaybomb.com, e-mail, text messa$e, or via any other method,and that defendants shall not proyide any parry access to the BroadwayBomb 2012 Facebook page, www.broadwaybomb.com, the registeredparticipants' e-mail addresses, or the registered participants' phonenumbers so as to enable another party to announce a new unpermitted

E

race!: NOW IT IS HEREBY ORDERED THAT, pending the hearing qtentien of


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:r.j ,\rjlocation, are enjoined, pursuant to Adminishative code gl0-110, 3g RCNY-$lg-05 and cpLR

' $6313 from participating in the planned and unpermitted Broadway Bomb ,u." o. flash mob orany similar unpermitted event and;IT IS FURTHER ORDERED THAT, pending the hearing and-fErffifm of thistthe defendants, their agents, employees.andlor representatives are enjoined, pursuant to

ve code $10-110,38 RCNY 919-05 and cpLR.$6313 fror turtherpromoting orfurther registation forthe unpermitted Broadway Bomb race or flash mob scheduled

take place on October 20, 20 12 or' any bther similai unpermitted event; IT rS FURTHER ORDERED rrnr, defendants shall forthwith notify the registeredparticipants that, pursuant to Court order, the Broadway Bomb race and flash mob will not occuron October 20, 2012, and that participants in any such event will be subject to arrest, by: l) e-mailing the registered participants at the e-mail addresses they provided in registering for therace that pursuant to Court order the Broadway Bomb'race and flash mob will not occur on20,2012, and that participants in any such event will be subject to arrest; and 2)postingon http://www.broadwalbomb.com'and the Broadway Bomb 2012 Facebook page, and on anyother website available to the defendants, that pursuant to Court order the Broadway Bomb raceand flash mob will not occur on October 20,2012,and that participants in any such event will be

to arrest; andIS FURTHER ORDERED THAT, the defendants, their agents, employees and/or

53

representatives are enjoined


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and IT IS FURTIIER ORDERED that service of a copy of this O*t to Show Cause,.together with the papers upon which it is based and the Summons and Verified Complaint, bemade upon the defendants bycidrer-personal service on Ian Nichols on his own behalf and as aprincipal of defendant NY Longboard A'ssqciation t

9,on or before ,r," \ l' buv or october, 20z andby e-mailirig a copy th.r.of to defendants [email protected], on or before ,n, -17-V of October, 20l2,and that this be deemed good andsufficient service on the defendants.

OralArgumentDirectedJSC

AEOFFREYD. WRIGTTTAJSCENTER:-!J.S.C.


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SUPREME COURT OF THE STATE OF NEW YORKCOI-INTY OF NEV/ YOR

THE CITY OF NEW YORK, RAYMOND KELLY, ASCOMMISSIONER of THE NEW YORK CITY POLICEDEPARTMENT,Plaintiffs,

-against-IAN NICHOLS and NY LONGBOARD ASSOCIATION,.

Defendants.

AFFIRMATION OFCHRISTINA L. HOGGAN INSUPPORT OF PLAINTIFFS'MOTION FOR APRELIMINARYINJUNCTION

X

Index No. y, aA) 7 / , *x

CHRISTINA L. HOGGAI, an attorney admitted to practice in the courts of theState of New York, affirms the following to e true under the penalties of perjury, pursuant toCPLR 2106:

1. I am an Assistant Corporation Counsel in the office of MICHAEL A.CARDOZO, Corporation Counsel of the City of New York, attorney for the plaintif herein. Imake this affirmation based upon my review of records maintained by, and information obtainedfrom, various departments of the City of New York and from statements made to me by officersor agents of the City of New York.

2. I submit this affirmation in support of the plaintif' motion for apreliminary injunction: l) enjoining the defendants, their agents, employees and/or


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Police Department ("Police Department") and paying the Police Department the requisite non-charitable athletic parade fee pursuant to Title 38, Rules of the City of New York ("RCNY")Section 19-05; and2) requiring defendants to notify the registered participants, via social media,that the Broadway Bomb race and flash mob will not occur on October 20,2012.

3. As set forth in the verihed complaint, the Broadway Bomb is a race whichrequires a permit from the Police Department pursuant to Administrative Code $ l0- 1 10 and thepayment of a non-charitable athletic parade fee in accordance with 38 RCNY $19-05. A copy ofthe verif,red complaint is attached hereto as Exhibit "4." Despite the rr"" fo, them to do so, noone has applied to the Police Department for a permit, or paid the Police Department a non-charitable athletic parade fee, for any past or planned Brooklyn Bomb race.

4. The Court is referred to the accompanying Affirmation of PoliceDepartment LIEUTENANT ROBERT CORBETT ("Corbett Affirmation"), which describe theimpact of the Broadway Bomb race.

STATEMENT OF F'ACTS5. The Broadway Bomb race has been taking place in New York City since

2000. At its inception, the race was relatively small in scale, consisting of approximately 14people. However, this year, the race, which is scheduled for Octob er 20, 2012, at 12:00 p.m., hasincreased in size to 1,782 registered race.r.t In the course of the Broadway Bomb participantsrace longboards (which are longer variants of a skateboard) in traff,rc for 1.9 miles from 116th


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Street to the Wall Street Bull located at 1 Bowling Green via Broadway. Corbett Affirmation,n4

6. On October 17, 2012, at approximately 11:15a.m., pursuant to Rule202.7(,I notified defendants that plaintiffs would be seeking an order staying the BroadwayBomb race which is scheduled to take place on October 20,2012. Thereafter, at approximately4:30p.m. I received a voicemail from a Mr. Ronald Lueddeke who identified himself as counselfor Mr. Nichols. Upon returning Mr. Lueddeke's call and speaking with him, and searching theNew York State Unified Court System attorney databank, it became apparent that Mr. Lueddekeis not licensed to practice law in the state of New York. Accordingly, I questioned Mr.Lueddeke as to his identity. Mr. Lueddeke stated, in sum and substance,thathe was an attorneyin New Jersey and had not been retained by Mr. Nichols, but that he was seeking information ashis associate/fend. As Mr. Lueddeke was not counsel for plaintif, I declined to discuss thematter with him, though it was apparent from his statements and questions that he wasattempting to determine how to respond to the impending Order to Show Cause and potentialimpact on the Broadway Bomb race. Thereafter, the following notice was posted on BroadwayBomb 20I2's Facebook page,

Attention all Skaters! Ian has received a surmons from the City ofNew York. In order to avoid being prosecuted, Ian Nichols mustofficially cancel the Broadway Bomb and relinquish allresponsibility. However, 'We are going to flash mob 116th Streetand Broadway at 11:504M and Start the Race at 12:00PM exactly.Get the exact time from your cellphone. Please don't show up untilI 1:504M because there may be a police presence. Please share this


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7. Individuals participating in the Broadway Bomb race violate theprovisions of the New York State Vehicle and Traffic Law and the New York City Departmentof Transportation's Traffic Rules (i.e. RCNY Title 34, Section 4-01 et 59g). See CorbettAffirmation, f8.

8. Because more than 50 participants race down a public street, i.e.,Broadway, on skateboards, the Broadway Bomb is a parade or procession which requires aparade permit. The term "parade or procession" is defined in 38 RCNY $19-02(a) to mean "anyprocession or race which consists of a recognizable group of 50 or more pedestrians, vehicles,bicycles or other devices moved by human power, or ridden or herded animals proceedingtogether upon any public street or roadway." The conduct of the Broadway Bomb participantsfits squarely within this definition.

' 9. Pursuant to Adminishative Code $10-110, it is unlawful to participate in aparade or procession unless the Police Commissioner has issued a permit. No parade permit hasbeen issued by or sought from the Police Commissioner in connection with any past or plannedBroadway Bomb race. See Corbett Affirmation, 116.

10. Moreover, pursuant to 38 RCNY $19-05, non-charitable athletic paradesoccurring on or after January 1,2012 are required to pay a fee to offset the cost incurred by theCity for traffic control costs, including police department personnel. No fee has been paid to thePolice Department in connection with any past or planned Broadway Bomb race. See CorbettAffirmation,n.4.


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PLAINTIFFS HAVE MET THE STANDARDFOR GRANTING INJUNCTIVE RELIEF12. It is well established that a municipality seeking injunctive relief is

entitled to injunctive relief upon a prima facie showing that its laws are being violated. Amunicipality is not required to meet the traditional three-pronged test for injunctive relief. Suchrelief may be granted pendente lite without a demonstration of special damages or injury to thepublic. The proof of the violation alone is sufficient grounds for the issuance of injunctive relief.Cit] of New York v. Castro, 143 Misc:2d766, af?d 559 N.Y.S. 2d 508 (lst Dept. 1990); Cirv ofNew York v. Billnn, 118 A.D.zd5l1 (lst Dept., 1986); City of New York v. Narod Realt)Co.p., I22 }l4isc.2d 885 (Sup. Ct. Bx. Co. 1983); Incorporated Villaee of Freeport v. JeffersonIndoor Marina. Inc. , 162 A.D.2d 434 (2d Dept. I 990); People ex rel. Bennett v. Laman , 277 N.Y .368, 383 (1938); Cit] of New York v. Cincotta, 133 A.D.2d244 (2dDept. 1987); Town ofPouehkeepsie v. Hopper Plumbine & Heatine C.. 23 A.D.2d8S4 (2dDept. 1965); and City v.Capri Cinema, 641 N.Y.S .2d,g6g(Sup. Ct. New York Co. 1995).

13. As detailed above, here, there is clear and convincing evidence thatparticipants in the Broadway Bomb race engage in conduct which requires the issuance of apermit from the Police Department and the payment of a non-charitable athletic parade fee. Thatthe parade permit requirement applies to processions of pedestrians and vehicles has beenrecognized in numerous court cases. See, e. s., MacDonald v. Safir , 206 F .3d 183 (2d Cir. 2000)(recognizing applicability of parade permit requirement to pedestrian parades and marches); Irish


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convincing evidence that no one has ever sought to obtain the required parade permit or pay therequisite non-charitable athletic parade fee.

14. Accordingly, plaintiffs have established a prjma facie case that thedefendants are violatingthe parade permit requirements when they participate in the BroadwayBomb race. Thus, plaintiffs are entitled to a preliminary injunction prohibiting this unlawfulactivity.

15. Since plaintiffs have made apnma facie showing of entitlement to relief,plaintiffs are entitled to the requested injunction without a showing that they satisfy thetraditional three-prong test for the grant of a preliminary injunction.

16. However, such a showing can readily be made, and plaintiffs wouldaccordingly be entitled to the requested injunction if that standard were applicable here.Specifically, (l) plaintiffs are likely to succeed on the merits; (2) plaintiffs will be irreparablyinjured absent the grant of a preliminary injunction; and (3) the balancing of equities favorsgranting the injunction. See, e.s., State of New York v. Fine , 72 NX.2d 967, 968-69 (1988);'W.T. Grant Companl v. Sroei, 52 N.Y.2d 496,517 (1981); Schneider Leasine Plus. Inc. v.Stallone, 172 A.D.2d 139 (2d Dept.), app. dism'd, 78 N.Y.2d 1043 (1991); Zonshetti v.Jeromack, 150 A.D.2d 561 (2d Dept. 1989); Koursiaris v. Astoria North Development. Inc., 143A.D.zd 639 (2d Dept. 1 988).

17. First, as explained above, plaintiffs are likely to succeed on the merits oftheir claims that it is unlawful to participate in the Broadway Bomb race unless the required have


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unauthorized Broadway Bomb races cause problems for vehicul ar trafftc stoppages, safety issuesforpedestrians and has resulted in accidents. See Corbett Affirmation., I'1T8, 10. Parade permitsenable the Department to protect the needs of event participants and the general public. Id. at fl9.Once a permit is issued, the Department is able to assign ofcers to assist with the event. Theseofficers will block-off the designated event route, escort the procession through the route and re-route pedestrian and vehicular trafftc as needed. Id. As a result, an injunction from this Court,putting an end to any unpermitted race at the outset, would be more protective of the safety ofthe racers, pedestrians, motorists, and offrcers, than the City's ability to enforce the paradepermit requirements once the event has already started.

19. Next, a balancing of the equities clearly favors plaintiffs. In this regard,the City's need to protect the public safety by preventing unpermitted event from stepping off faroutweighs the defendants' right to participate in,this'rur-permitted race pending final resolutionof this matter. As detailed above and in the Corbett Affirmation, allowing the race to occurand/or requiring the Police Department to enforce the law once the race starts, creates a danger toboth the race pafcipants and the pedestrians and motorists who find themselves in the vicinityof the race. Moreover, the City should not be forced to absorb the monetary costs associatedwith regulating defendants' un-permitted event so as to ensure public safety.

20. Finally, plaintiffs have no adequate remedy at law.21. Accordingly, plaintiffs are entitled to a preliminary injunction.22. No prior application for the relief requested herein has been made to this


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2.

and any and all persons who have registered with defendants via theregistration procedures available at www.broadwaybomb. com, facebook,or elsewhere, or who are present with their skateboards or longboards atthe designated starting point for the Broadway Bomb race (116th Streetand Broadway) at the designated starting time of the race (noon) onOctober 20, 2072, or any other location, from participating in the plannedand unpermitted Broadway Bomb race, or any other similar unpermittedevent;Enjoining the defendants, their agents, employees and/or representativesfrom further promoting or accepting further registration for theunpermitted Broadway Bomb race scheduled to take place on October 20,2012, or any other similar unpermitted.event;Requiring defendants to noti$r registered participants that, pursuant toCourt order, the Broadway Bomb race and the planned flash mob will notoccur on October 20, 2012, and that participants in any such events orsimilar unpermitted events, will be subject to arrest, by: 1) e-mailing theregistered participants at the e-mail addresses they provided in registeringfor the race that pursuant to Court order the Broadway Bomb race and theplanned flash mob will not occur on October 20, 2012, and thatparticipants in any such events will be subject to arrest,; and2) posting on

3.


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4

not occur on October 20, 2012, and that participants in any such event, orany other similar unpermitted event, will be subject to arrest; andEnjoining the defendants, their agents, employees and/or representatives,from orgarizing, promoting or otherwise participating in an eventinvolving the racing or riding skateboards on any public street in violationof Administrative Code $10-110, without first obtaining aparade permitfrom the New York City Police Department ("Police Department") andpayrng the Police Department the requisite fee pursuant to 38 RCNY $19-05 during the pendency of this action.Enjoining the defendants, their agents, employees and/or representatives,from announcing any new unpermitted race via Facebook,www.broadwaybomb.com;'e;mail text message, or via any other method,and that defendants shall not provide any pqrty access to the BroadwayBomb 2012 Facebook page, www.broadwaybomb.com, the registeredparticipants' e-mail addresses, or the registered participants' phonenumbers so as to enable another party to announce a new unpermittedrace.

5

Dated: New York, New YorkOctober 18,2012

-,)


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SUPREME COURT OF THE STATE OF NEV/ YORKCOUNTY OF NEW YOTHE CITY OF NEW YORK, RAYMOND KELLY, ASCOMMISSIONER of THE NEW YORK CITY POLICEDEPARTMENT,

Plaintiffs,-against-

IAN NICHOLS and NY LONGBOARD ASSOCIATION,Defendants.

SUMMONSIndex No.

xTO THE ABOVE-NAMED DEFENDANTS

YOU ARE HEREBY SUMMONED TO ANSWER the complaint in this actionand to serve a copy of your answer on plaintiffs' attorney within twenty (20) days after theservice of this sufirmons, exclusive of the day of service or within thirty (30) days after service iscomplete if this srunmons is not personally delivered to you within the State of New York. Inthe case of your failure to answer, judgment will be taken against you be default for the reliefdemanded in the complaint.


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The basis of venue designated is New York County, the county in which plaintiffsreside. Plaintiffs designate New York County as the place of trial.Dated: New York, New YorkOctober 18,2012

MICHAEL A. CARDOZOCorporation Counsel of theCity of New YorkAttomey for Plaintiffs100 Church StreetNew York, New York 10007(212)788-0461By: ChristinaAssistant Corporation Counsel

.,'..,..trt.. .. . .:;...iq;d. .' :. lt_r ,::,.::1$._ , .., -: . ,' :-" .-:,, .


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SUPREME COURT OF THE STATE OF NEW YORKCOLINTY OF NEV/ YORTHE CITY OF NEW YORK, RAYMOND KELLY, ASCOMMISSIONER of THE NEW YORK CITY POLICEDEPARTMENT,



X

VERIFIED COMPLAINTIndex No.

----------- xPlaintiffs, by their attomey, MICHAEL A. CARDOZO, Corporation Counsel of

the City of New York, as and for their complaint against the defendants, allege, upon informationand belief, as follows:

INTRODUCTION1. Plaintiffs bring this action pursuant to, and by the authority of, Section

20(22) of the General City Law to permanently enjoin the defendants' violation of the paradepermit requirements (contained in Section l0-110 of the New York CityAdministrative Code("Administrative Code") and (Title 38, Rules of the Cityof New York ("RCNY") Section 19-0s).

THE PARTIES2. Plaintiff THE CITY OF NEW YORK ("the City") is a municipal


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vehicular traffrc, which includes, as set forth in Administrative Code Section 10-110 and 38RCNY $19-05, the authority to regulate the use of the City's streets for parades and processions.

4. Defendant NY LONGBOARD ASSOCIATION is listed as the sponsor ofthe Broadway Bomb event on the website for the event: www.broadwa)bomb.com. A copy of aprintout of the "home" page of the www.broadwaybomb.com website with this information isannexed hereto as Exhibit A.

5. Defendant IAN NICHOLS is the organizer of the Broadway Bomb eventboth in his individual capacity and on behalf-of or in conjunction with defendant NYLONGBOARD ASSOCIATION and is the registered owner of the www.broadwaybomb.comwebsite. A copy of a printout from Aplus.net's V/HOIS database,http://who.pho.to/broadwa)bomb.com, detailing the registration information for thewww.broadwaybomb.com domain is annexed hereto as Exhibit B.

VENUE6. Venue for this proceeding is in New York County, which is the county

where the annual Broadway Bomb event takes place.BACKGROUND FACTS AND APPLICABLE LAW

7. Upon information and belief, skateboard races known as "BroadwayBomb" have occurred annually and "under the radar" in New York City for a number of years.

8. It has recently come to plaintiffs' attention that another Broadway Bombrace is scheduled for October 20, 2012 this year and that the race is expected to have I,782


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The Parade Permit Requirement10. Parades, processions, and races are required to have permits from the

Police Department. In this regard, Administrative Code $10-110(a) provides that "[a]procession, parade, or race shall be permitted upon any street or in any public place only after awritten permit therefore has been obtained from the police commissioner. Application for suchpermit shall be made in writing, upon a suitable form prescribed and furnished by thedepartment, not less than thirty-six hours previous to the forming or marching of suchprocession, parade or race. The commissioner shall, after due investigation of such application,grant such pennit subject to the following restrictions."

11. The term "parade or procession" is defined in 38 RCNY $19-02(a) tomean "any procession or race which consists of a recognizable group of 50 or more pedestrians,vehicles, bicycles or other devices moved by human power, or ridden or herded animalsproceeding together upon any public street or roadway.'?

12. It is unlawful to participate in a parade or procession unless a paradepermit has been issued for the event. Administrative Code $10-110(c).

13. No parade permit has been issued by or sought from the PoliceCommissioner in connection with anypast orplanned Broadway Bomb race.

14. Moreover, pursuant to 38 RCNY $19-05, non-charitable athletic paradesoccurring on or after January I,2012 are required to pay fee to offset the cost incurred by theCity for trafftc control costs. ln this regard 38 RCNY $ 19-05 provides, in relevant part,


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(b) The Chief of Department shall charge an applicant a fee inaccordance with the following schedule, which shall be in additionto any fee requirement imposed by the Department of Sanitation orany other fee imposed by any city agency.(c) Application may be submitted no sooner than 180 days beforethe event and no later than ten days before the event.

(d) Fees assessed must be paid prior to the event.(e) The fee shall be calculated as 100% of the Police Department'straffic control costs based upon number of police departmentpersonnel ("MOS") in the ranks of traffic enforcement agent andassociate traffic agents, police officer, detective, sergeant andlieutenant, needed to safely perform traffic control functions asdetermined by the Offrce of the Chief of Department....(i) Event plans will be developed and events staffed at the solediscretion of the Police Deparhnent, based upon the projectedattendance numbers, tyle of event, traffic/pedestrian volume,geographic location, along with other relevant public safetyfactors.15. No fee has been paid to the Police Department in connection with any past

or planned Brooklyn Bomb race, which is a non-charitable athletic parade.AS AND FOR A FIRST CAUSE OF ACTION16. Plaintiffs repeat and reallege, as fully as if set forth herein at length, the

facts contained in paragraphs l-15 above.17 . Absent the grant of a parade permit authorizing a ace, it is a violation of


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19. Accordingly, plaintiffs seek a declaration that the Broadway Bomb race isunlawful pursuant to Administrative Code $10-110 absent the grant of a parade permit by thePolice Commissioner, and a perrnanent injunction enjoining and restraining the defendants, theiragents, employees andlor representatives from organizing, promoting, or otherwise participatingin future Broadway Bomb races or any other event involving the racing or riding of skateboardson public streets in violation of Administrative Code $10-110, without first obtainingaparadepermit from the Police Department and paying the Police Department the requisite fee pursuantto 38 RCNY $19-05.

WHEREFORE, plaintiffs seek a judgmentA. Declaring that Broadway Bomb races are unlawful pursuant to

Administrative Code $10-110 absent the grant of a parade permit by the Police Commissioner,and

B. Declaring that Broadway Bomb races are unlawful pursuant to 38 RCNY$19-05 absent the payment to the Police Department of the requisite fee as set forth under saidprovision, and

C. Permanently enjoining the defendants, their agents, employees and/orrepresentatives, from organizing, promoting or otherwise participating in an event involving theracing orriding skateboards on anypublic street in violation of Administrative Code $10-110,without first obtaining a parade permit from the Police Depaftment and/or payrng the PoliceDepartment the requisite fee pursuant to 38 RCNY $19-05.


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just and proper.Dated:

D. Awarding plaintiffs such other and further relief as to this Court may seem

New York, New YorkOctober ll,2012MICHAEL A. CARDOZOCorporation Counsel of the City of New YorkAttomey for Defendants100 Church Street, Rm. 5-181New York, NY 10007(212)788-0461By:


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VERIFICATIONGABRIEL TAUSSIG, a attomey admitted to practice before the Courts of the

State of New York, hereby affirms the following to be true, under penalties of perjury, pursuantto CPLR 2106:

I have been duly designated as Acting Corporation Counsel of the City of NewYork and, as such, I am an Officer of the City of New York, a plaintiff in the within action. Ihave read the foregoing complaint and know the contents thereof. I believe the same to be trueupon information and belief.

The reason why this verification is not made by the City of New York is that it isa corporation. My belief as to all matters is based upon information obtained from variousdepartments of the city govemment, from statements made to me by certain officers or agents ofthe City of New York, and from statements, affidavits or affirmations of other persons.Dated: New York, New York

October 17,20L2

GABRIEL TAUSSIG


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LONGBOARD EXPONIGHT RIPS / SLALOMEVENT

FRTDAY OCT 19 SATURDAYocT 20BROADWAY BOMB@ NOON. Riverside Park and116th St - Manhattan.Push race in traffic - Take 1train to 116th.Rain date Sunday October21th.BARBECUELONGBOARD EXPO FORPUBLICAFTER PARTY

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o Pho.o, 200E.201 I

16 SEuyvesant Oval APE 10FNew York, NY 10009USPhone : +1. 9176'1 4'1683Ernail: ibuyc@aol. com

Technical ConEact:Ian NlcholsIan Nichols16 SEuyvesant Oval APE. 10FNew York, NY 10009USPhone: +1.917674'1683Emall: [email protected]

Registsrar of Record:HosEopia.com ];ne. d/b/a Aplus.ne!/ www.aPlus.neERecord last uPdaEed on 2011-10-08Record expires o 2oL2-lL-L4Rcord created n 2006-11-14

Domain servers in llsted older:ns2.ap1us.neEns1,aplus.ne!vsiE Aboutus.org for more lnformatlon aout broadwaybotrb.comAbouEUg broadrdaybotrib, comRegtsEer your domaln name aE hEcp://www.aplus.neE

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(ofo lqView l commentWrte a comment...

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Kefer DixonFor the early people that's gonna come we should meet up on 120thst and rverside drive untill 1l:50Like ' Comment ' Follow Post ' 50 mnutes ago near New York

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Jason T QunnPfffftLlke ' Comment ' Follow Post ' 41 minutes ago near New YorkSean Jr Mespelli and Jason T Qunn are going

Like' Comment'Follow Post' ,14 mnutes agoKiefer Dixonbroadway bomb cancelled.,.. okthen im just gonna ska8 downbroadway at 12 to the awesome bbq that sector t has permib for :)you 1900 people can follow me ;) ;)Uke ' Comment ' Follow Post ' 10 hours ago near New York

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Nielsen da SilvaI sad lt before and I'm gonna say it agan, In my opinion the bestthing for us to do is go up about 10+ blocks and together thrashthrough the blocks without anyone breaking away bc if you are outln the front by yourself you are fucked. Can no small grQup of copsstop 2k well organized and united skaters.I urc ' comment ' Follow Post' 59 mnutes ago via mobileII Fernando GaleaF lkes this.

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Matt MicchelliWhere does anyone recommend we hang tll it gets closer to 11:50.


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! r-ire ' comment ' Follow Post ' about an hour ago near New YorkJonathan GlassIt makes it more fun just push fasterI urc ' comment ' Follow Post' about an hour ago via mobileII Mike Dalfas likes this.

Write a commenL.,

.Kyle MacFeel thls song s qulte fitting after the news that surfaced lastnight....http ://www.youtube. com/watch?v= rOmkPrhpQGQ

The Strokes - New York city Copswww.youtube.comThe gth song from the album 'Is This It?' Ifanyone wants the MP3 file, send me a message,or alternatively you can rip the sound from the

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(ofo aorJ$' Follow Post' g lrours ago near Rdgecrest, FL L Fnd Frends HomeLike11 people like this.View all 4 comments

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Matt Macpeep that screen you guysbrainbrldge pd is onto us

Uke. Comment. Follow Post. t hours ago29 people.llke thls,Vew all 19 comments

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Chrs Proto and Tham Turay are going.llke ' Comment' Follow Post ' 2 hours ago

Brandon lanoski


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(off) lqV ew all 4 comments Find Friends Home

About CreateanAd'Createa Page'Developers'Creers'Privacy'Cookies'Terms'Helpacebook @ 2012 ' Enqlish (US)

K Write a comment.Tom BarnhartI don't always skate down broadway but when I do, it's with policein tow,Lke . Comment . Follow Post . 2 hours ago

5 people like ths.Wrte a comment.

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Llke ' Comment ' Follow Post ' 3 hours ago11 people like this.E Wrte a comment,.,

Tommy Qiu is going.Like ' Comment ' Follow Post ' 3 hours agoOlder Posts


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SUPREME COURT OF THE STATE OF NEW YORKCOI-TNTY OF NEW YOTHE CITY OF NEV/ YORK, RAYMOND KELLY, ASCOMMISSIONER of THE NEW YORK CITY POLICEDEPARTMENT,



AFFIRMATION OF ROBERTCORBETTrndex *,/a 2a J ? /tt

X

ROBERT CORBETT, an attorney admitted to practice in the courts of the Stateof New York, affirms the following to be true under the penalties of perjury, pursuant to CPLR2106:

l. I am a Lieutenant in the New York City Police Department ("PoliceDepartment" or "the Department"). I am currently assigned to the Offrce of the Chief ofDepartment. I have been assigned to the Office of the Chief of Department since January 20ll.rPrior to being assigned to the Offi.ce of the Chief of Department, I was assigned to the CriminalJustice Bureau.2 The Office of the Chief of Department is responsible for directing andcontrolling the daily operations of the several major enforcement bureaus, including, PatrolServices Bureau and Transportation Bureau. In my capacity I have participated in planning theoperational response to events such as Occupy Wall Street, including addressing staffing matters,


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placement of assets, including police officers, and ensuring the necessary equipment was utilizedand available. Additionally, during the planning stage, I orchestrated communication andplanning between different Bureaus, such as the Patrol Services Bureau, which encompasses allPolice Department precincts and responds to 911 calls and oversees street events; theTransportation Bureau, which oversees traff,rc control; and the Transit Bureau, which overseesthe subways.

2. I am either personally familiar with the facts and circumstances set forthherein or believe them to be true based upon my review of the records of the Police Department,the websites detailed herein, and/or my conversations with agents, officers, and employees of theCity of New York.

3. I submit this affirmation in support of the plaintiffs' motion for apreliminary injunction enjoining defendants and all other participants in the Broadway Bombfrom engaging in conduct that requires a pennit from the Department without having firstobtained such permit.

4. Upon information and belief, the Broadway Bomb is a race in whichindividuals ride their skateboards in traffic for 7.9 miles from 116th Street to the'Wall Street Bulllocated at I Bowling Green via Broadway. Copies of Broadway Bomb website printouts,http://www.broadwaybomb.com are annexed hereto as Exhibit "4." In doing so, they passthrough approximately 150 intersections and lights, including Columbus Circle, and Time'sSquare.


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approximately 14 people. Id. It has recently come to my attention that the number of anticipatedparticipants have grown to the point where the event will severely disrupt vehicular andpedestrian traffic and present the City with serious public safety issues. Currently, for the 2012Broadway Bomb, I,782 individuals have registered to participate in the ru"".t A copy of theBroadway Bomb registration, http://www.ncdsa.com/contest registration.asp?ContestlD:554, isannexed hereto as Exhibit "C."

6. Processions, parades and races are not permitted upon any street in NewYork City unless a permit has been obtained from the Police Commissioner. See New York CityAdministrative Code ("Administrative Code") Section 10-110(a). Once issued, these permits(known as 'arade permits") designate the exact route that the procession, parade or race willtake. See Administrative Code $10-110(a)(3). Department records indicate that no individual orentity has ever applied fo a permit to hold the Broadway Bomb race, despite the obvious needfor them to do so.a l''

7. The Broadway Bomb website, http://www.broadwaybomb.com, states thatthis year's race is going to occur on Saturday, October 20, 2012 at 12:00pm. Exhibit "4." Itwould be extremely dangerous for this un-permitted event to take place as planned.

3 In addition to the registered participants, the Broadway Bomb 2012 Facebook page presentlyreflects that 1,813 people have stated that they are going to attend the race. A copy of theBroadway Bomb 2012 Facebook PaEe,http://www.ncdsa.com/contest_reeistration.asp?ContestlD:554, is annexed hereto as ExhibitrtB."


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8. As seen in videos of past races obtained from the Broadway Bombwebsite, http://www.broadwa)bomb.com, the racers arrive at the start location, i.e., 116th Streetand Riverside Drive, and congregate prior to the race time.s A CD of videos of past BroadwayBomb races is arurexed hereto as Exhibit ccl .>t6 As depicted in the videos, at the designated starttime, an individual announces the beginning of the race and the participants, en mass, begin torace down Broadway on skateboards. As fuither depicted in the videos, during the race, theriders skate in massive group formation, taking up the entire roadway and sidewalk, not leavingany room for vehicular traffic or pedestrians to pass. The riders are also seen engaging inreckless and dangerous behavior such as failing to stop for red lights, cutting off and weavingthrough moving vehicles and pedestrians, grabbing onto passing vehicles and bicycles so as to bepropelled by the vehicles and bicycles, and instructing vehicles which have the right of way tostop so they can pass through intersections. This conduct violates provisions of the New YorkState Vehicle and Traffic Law; Title 34, Section 4-01 et seq. of the Rules of the City of NewYork, as well as New York City Administrative Code $ 19-176.1.

9. It is extremely difficult for the Police Department to protect public safetywhen groups take to the streets for un-permitted events. This is particularly true of theBroadway Bomb ride which is a race to see who can navigate through traffic the fastest, over thecourse of approximately 150 blocks, and which touts as its slogan "You Could Die." Exhibit "B"

s Notably, when individuals register to participate in the race they are instructed to "[p]lease


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(stating "I must always remind you that this is a very dangerous race; 'You Could Die' is not justa slogan.") See also Exhibit "D." Parade permits enable the Department to protect the needs ofevent participants and the general public. Once a permit is issued, the Department is able toassign officers to assist with the event. These officers will block-off the designated event route,escort the procession through the route and re-route pedestrian and vehicular traffic as needed.

10. Defendants and other participants in the Broadway Bomb race should notbe allowed to disregard the City's parade permitting scheme. If they are permitted to do so, thePolice Department will be faced with a situation where it will have to attempt to peacefully andsafely disperse 1,782 people who have congregated for the race and, to the extent the participantsrefuse to obey the lawful commands of the Department, to enforce the law on a piecemeal basis,or nln the risk of severe traffic disruptions and danger to public safety. As seen on the videos ofpast races, the Broadway Bomb race causes problems for vehicular trafftc stoppages, safetyissues for pedestrians, and has resulted in accidents. Exhibit "D."

I 1. 'While it is tnre that the Police Department does have the ability to policean un-pennitted event and make arrests, based upon the number of racers registered to participatein the race, and my experiences and observations with un-permitted events of this sort, I believeit would be extremely difficult for the Police Department to effectively enforce the parade permitrequirement once the race has begun. I believe that an injunction from this Court, putting an endto the un-permitted race prior to its commencement, would more effectively protect the safety ofthe racers, pedestrians, motorists, and officers, than the Department's exercise of its existing


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if the Department attempts to stop racers, it is likely that the racers will attempt to flee frompolice officers into vehicular and pedestrian traffrc, thereby creating an additional safety hazardfor motorists and pedestrians. Finally, the enforcement of the law at this event is likely to resultin mass arrests. Mass arrests would place a heavy burden on the criminal justice system,including the Department and the courts. It will take police officers way from other duties andthereby pose a safety risk to the public atlarge. It will increase the arrest-to-arraignment time ofarrestees moving through the system. Mass arrests would also incur alarge overtime cost to theDepartment. As a result, it is necessary to stop the race before it begins.Dated: New York, New YorkOctober 17,2012

RO


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FRIDAY, OCTI9tiGrlT RPS 'S{LO E\r{T .tcrv36ExFs

BROADWAY SOIIB 2I}I2

tutfftReoister for Broalary Bomb 2012

Saturday, October 2fl, I Z{llI 15th and Riverile DrircOpcnlandatoryNY Longboard Asociatbn

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EnlryHelnets.

Ornizen3 dsys of ever*s, party and babecue. Tryi 1oorgane a Lorboard Erpoaswel C[cktre

for comple,te schedy'e

bo.


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HOME:EQUIPMENT:VENDORS:DTSCIPLINES:GROUPS:QU

ORGsREGIONALSAFETY:GAfHERINGS:IMAGES:NFO:fooLs:SITE:

Northern California Downhill Skateboarding AssociationNow n our 16th year! -- 1996-2012

Event Registratlon898 fro.* lllE Bearlnos Comoletes Mlsc Eouoment Home Mde Boards vlnboe Ger street Luoe Skatecr 4ll-Terain Sandboardlno Rldlno Technloues sldewlk Sudno

llgllla llslBrooke - f!l!5Ier-Cwstqww 4caG !1-Ks-dry--oJ-sd' ljff-eclsn4 g!0SlloislAS5 Ier OtsrBulletln Bosrd Interulews Guest Book lltrkl

Slnce 1999: 15034 pagevlews on thls p\e,27344064 pagQvlewsSnce 1996: 27734501 vlslto to ncds.com,263412Thls bnner d averges lmpresslons per day.

on the whole ste.posts.

Broadway Bomb1782 Reglstered contestants. 5-lg!ollnelsaturday, october 20, 2oL2 rzt00vent Date andTime:

Event Duraton!Locatlon:

EntrYHelmetsl

OrganlzerlMap3

Entry Fee:Contest nfo3

116th and Rlversde DrlveOpenMandatoryNew York Lonoboard Assoclatloncllck here for onllne mao

Schedule:Frlday:elue 3ky Mlle challenge - Hosted by Blue Sky LongboardsLlberty State Park, NJ - 4:00PM - 8:00PMOn-11 push raie wth g49oo prize purse. Companles have been lnvlted to showcase thelr products durlng thls event.Reglster at:ww.actlve.com/miscellaneous/jersey-cty-nJ/blue-sly-mlle-challenge-2012Friday Night Rlps - Hosted by Earthwlng SkateboardsProspect Park, Brooklyn 7:00PM - Endsllde, wheele and downhill' casual eventSaturday:Broadway Bomb - Hosted by the New York Longboard Assoclation116th Street and Rlversde Drlve, NY - 12:00PM - 1:30PMPush race down Broadway ln traffic. cash przes, swag and trophies!p"r" .on1" early and kep quiet as to not attract attentlon, Helmets are mandatory. Reglster at:http ://www.ncdsa.com/contest-registration. asp?ContesuD= 554Barbecue - Hosted by Sector Nne LongboardsEast River Park, NY (1oth Street and FDR Drive) - 2:00PM - 5:00PMAfter Party - Lucky Jack's Bar - Hosted by New York Longboard Assoclatlon


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1446. Gisselle Molina7447. Pablo Eanera1448. Brandon Cortes1449. Wacka Flocka1450. Marcus Gram1451. Ingrd Varholdt1452. Peter Miley

1453. Jason Vancho

1454. skrllex .1455. AZN Longboardlng1456. luan Diaz1457. Cesar Bueno1458. Jamque Mascoll1459. Corey LaPenna1460, Joe !1461. James Spizzlo1462. Pedro Vargas Jr1463. Frankle Gavlgan1464, Matt Macneal1465. joy yedd1466. Tyler Dlesenberg1467. Alex Galkowski1468. Chrls-allan Joseph1469. Shln Sung Kang1470, Sldra Boyer1471. peter talavera1472. Chris Argudo1473. Rcky Wheeler1474. Frcd Rul1475. Erc Ritchey1476. William Gavira1477. Benjamn Walsh1478. Topaz Mor

Stefan and Alex netwo.klng nd genlnqbetter.Chllen, surfer, long boarder.Free splrlt

NoneCool yhhhYEE HAW!I

hfr ps://www.youtube.com/user/AZNlon gboardln g

Amerlcal

Stoked doe

cant wt to bomb

New York NYBrooklyn, NYLyndonvllle, VTNew York, NewYorkwappingerfalls nyTXYorktown HeightsNew York

Mlford,Connectlcut

terHarrlsonburg, VAQueens, NYQueens NewYorkBrooklyn, NYKlnnelon NewJerseyHlcksvllle NYLarchmontHamllton NewJerseyYorktown, NYHamllfon NewJerseybrooklyn nycAvon. NYLyndonvllle, wLong Island, NyEphrata, PANew SmyrnaBeach, Florldastaten lsland nyMedford, LongIsland, New YorkVillas. NJForest Hill, MDAuburn, PABoston, MABelchertown,MaValley Stream NY

I quess LsC Skl & Rlde

Sfror 9

Amlra Longboards

Toro Bords

L.sc Skl nd Rlde

Just Ney, Yorker who plcked up BustinBoars nd pushed awy

I llke cumIm energetc and I love skatng.

stoked

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Shredder of the gnar

I longboard nd thls ls gonn be my f6tBrodwy Bomb

Flnest Koren Rlder from the Amlshcountry:o

Oa BomblR6t tlme ln the clty, and First Bomb down grodwy

Faceplnt Boardrlders,WheelU WheelsThe Suddles, Stlensh BoardCo.

Peejay the wsomeSted longboardlng a few onths 9ond I'm dlve ln klnd of guy, so l'dlooklng foilrd to thls

I wlll try anythlng oce,..twlce if like t. I'm not golng lo forget my bord llke last yerl

Longbordlng@MIT my 4th bomb


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1771. Joey Selnger1772. Jansen Paumer!773. Erlc Swanson1774. Mke Gslice1775. Rufus HayL776. David HltbrandL777. billy powellL778. Rya Wlllams!779. Kaya Mehlomakulu1780. Guy Brill1781. Evan Greenswelg1782. Ryan callahan

Phldelpha PASalem, OhioWlndham, NYBrooklyn, NyDallas PASan Franclsco, CAfalls church, vaNv NvBrooklynNew yorkBala Cynwyd,PennsylvanlaFlemlngton NJ

PRE-ORIFT LongbordsBustln

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No ID

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push,klck,push,klck,pushEat A EagelShoot da whooplI would be ln New Zeland but my pdvate Jet broke a wlng o the descentmy medlterranen bode

Just a boy wth a dream to longbord

none

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Slgn up uslng thls entry form:

13 ye of age nd Just for fun stocked out 1st tlmeAn awesome elghteen yer old, Brooklyn-bred muslcl theatre & law double marorwho has onry been boadrne ror mo;rh & I ?:5ii:"riJJltJS""iv tell me not to do thls but hev' I wnn llve llttJusl lound out wht thls ws. Bodlng lsscary & alob work but 'm SMTrENlll

EROADWAY BOMAI

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Phone numbef at event3Your Cty and Stater

SponsorsYour Bo (for use by race announcers)r

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(Req(lred)

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(Requlred)(Requlred)

Retum to Menu@ Cpydght 1996-2ot2 NcDsA - Ail Rlghts ReseedSe-relad comenE rcSlte by Norcal Internet LLC


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http ://www. broadwavbom b.com/videos/Video-page 1Broadway Bomb Race Teaser 1:12broadway bomb 7:59Broadway Bomb 1:54page 2Broadway Bomb 2011 5:04Broadway Bomb 2011 Longboard NYC 7:17New York City Broadway Bomb 3:20page 3Broadway Bomb 2011 2:33page 4Broadway Bomb 2011- Ambassador Edition 4:58Broadway Bomb 2011 presented by Faceplant Boardriders 4:20Broadway Bomb part2 24:19page 5Broadway Bomb 2011 5:03


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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK ------ xTHE CITY OF NEV/ YORK, RAYMOND KELLY, ASCOMMISSIONER Of THE NEV/ YORK CITY POLICEDEPARTMENT, Plaintif

-against-IAN NICHOLS and NY LONGBOARD ASSOCIATION,

Defendants.--- x

AFFIRMATION PURSUANTTO RULE 202.7(nIndex No. ?" p,pp7 /t,q

CHzuSTINA L. HOGGAN, an attomey admitted to practice before the courts of the StateofNew York, affirms the truth of the following under the penalties ofperjurypursuant to Rule 2106of the Civil Practice Law and Rules:

1. Plaintif have made a good faith effort to notiff defendants that they will make anapplication for a temporary restraining order at the ex parte motion office of the Supreme Court,New York County, Room 315, 60 Centre Street, New York, New York, at 11:00 4.M., October 18,2012, in the following manner:

a. By notiiing defendants by telephone at 1 1:14 A.M. on October l7 , 2012, ofplaintif' intent to make said application at the aforesaid date, time, and place,at9l7-674-1683, the telephone number listed on defendants' application for aNew York City Parks Deparhment ("Parks Departmenf') Application for a

post-race barbeque at East River Park in Manhattan,


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2.

individual who answered that they were in fact Ian Nichols. I then informedMr. Nichols that my office would be going to Court at the aforesaid date, timeand place so as to seek an order restraining defendants from holding theBroadway Bomb race on October 20,2012 since they had failed to obtain aparade permit. I also confirmed with Mr. Nichols that his e-mail address [email protected].

b. Bye-mailingaf 11:19 A.M. on October 17,2012, notice ofplaintiffs'intenttomake said application at the aforesaid date, time, and place, to defendants [email protected], the e-mail address listed on defendants' application for aParks Department Application for a Facility Permit to hold a post-racebarbeque at East River Park in Manhattan, and listed on http://who.pho.to asbeing the e-mail address for the registrant, administrative contact, ffidtechnical contact for http://www.broadwavbomb.com.

A copy of the notice sent by e-mail is attached hereto as an exhibit.

Dated: New York, New YorkOctober 17,2012

CHRIS OGGAN


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Hoggan, ChristinaFrom: Hoggan,ChristinaSent: Wednesday, October 17 ,20121 1 :19 AMTo: '[email protected]'Subject: Broadway Bomb

lan Nichols and NY LONGBOARD ASSOCIATION,Per our conversation, please be advised that our office will be going to the Ex Parte Motion office of the New York StateSupreme Court, New Vork County, Room 315, located at 60 Centre Street tomorrow seekng an order restraining you fromholding the Broadway Bomb on October 20,2012.Thank youChristina L. HogganNew York City Law Department100 Church StAdministrative Law Room 5-l8l'New York, New York 10007 ,l212-788-0461

Index No.SUPREME COTIRT OF TIIE STATE OF NEW YORKCOUNTY OF NEW YORK


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THE CITY OF NEW YORK, RAYMONDKELLY, as COMMISSIONER of THE NEWYORK CITY POLICE DEPARTMENT, ,Plaintiffs,

-against-IAN NICHOLS and NY LONGBOARDASSOCIATION,

Defendants

ORDERTO SHOW CAUSE, AFFIRMATIONCHRISTINA L. IIOGGAI\, AFFIRMATION OFROBERT CORBETT, 202.7 g) AFFIRMATTONMICHAELA. CARDOZO

Corportion Counsel of the City of N,v YorkAttorney for Plaintiffs100 Church StreetNewYork, N.Y. 10007

Of Counsel: Christina L. HogganTel: (212) 788-0461NYCLIS No.

Due qnd timely service is hereby admitted.New York, N.Y. 2012

EsqAttornqtfor.

Documents

Broadway Bomb Longboard Outlaw 2012