SUPREME COURT STATE OF NEW YORK COUNTY OF ONONDAGA CHRISTINA ROTONDO, PETITION Petitioner, vs. MICHAEL ROTONDO, Respondent. CHRISTINA ROTONDO, being duly sworn, deposes and says: 1. That she is the owner of a residential property known as 408 Weatheridge Dr., Camillus, New York 13031. 2. That the legal description of said property is "All That Tract or Parcel of Land, situate in the Town of Camillus, County of Onondaga and State of New York and being a part of Farm Lot No. 48 in said town and being more particularly described as Lot 5 according to a map entitled "Final Plan Phase I, Section 2, Springhill", said map being filed in the Onondaga County Clerk's Office on December 16th, 1975 as Map No. 5468. 3. For the past several years the Respondent, MICHAEL ROTONDO has taken up residence in the Petitioner's residence. 4. That Respondent, MICHAEL ROTONDO is the Petitioner's son and he is an adult who is 30 years of age having been born on the 8th day of July, 1987. 5. That your Petitioner has sought over the last few months to persuade the Respondent to move out of Petitioner's residence. 6. That attached hereto are five written notices which your deponent has caused to be given to the Respondent between February 2nd and March 30th, 2018, all of which have been ignored by the Respondent. 7. That in April of 2018, your deponent sought to bring an eviction proceeding against 1 of 7
2 the Respondent in the Justice Court of the Town of Camillus. 8. That the Respondent answered the Petition in that proceeding by informing the Court that there was court precedent in the State of New York in a case entitled Kakwani v. Kakwani, 40 Misc. 3d, 627 in which the court's discuss at length the requirement to evict a family member from the family residence can only be brought by an ejectment action brought in Supreme Court. 9. That as a result of the Respondent's position with respect to the eviction proceeding, that Petition was withdrawn and the Petitioner has sought to go forward with an ejectment action as we are proceeding here. WHEREFORE, your Petitioner respectfully requests that the Court grant an Order directing that the Respondent, MICHAEL ROTONDO vacate the family residence at 408 Weatheridge Dr., Camillus, New York 13031. ( (MAL 4;u -+~V~"-! ~ Christina Rotondo, Petitioner STATE OF NEW YORK ) COUNTY OF ONONDAGA ) SS: CHRISTINA ROTONDO being duly sworn, deposes and says that we are the Plaintiffs in the within action; that deponent has read the foregoing Petition and know the contents thereof; that the same is true to the best of deponent's knowledge, except as to those matters herein stated to be alleged on information and belief and as to those matters, deponent believes them to be true. 'j ( ' L,,Q.. -:3- c:l~ j;- Christina Rotondo, Petitioner Subscribed yd Sworn to before me on this + ~,,,! day of May, 2018 ONYR ADORA E I '-'"' Qi'-'! "; ~,!Oz,3g 20 /8 gq,;!!! Notary Public 2 of 7
2 February 2018 After a discussion with your Mother, we have decided that you must leave this house immediately. You have 14 days to vacate. You will not be allowed to return. We will take whatever actions are necessary to enforce this decision. Mark and Christina Rotondo 3 of 7
13 February 2018 Michael Joseph Rotondo, You are hereby evicted from 408 Weatheridge Drive, Camillus, New York effective immediately. You have heretofore been our guest and there is no lease or agreement that gives you any right to stay here without our consent. On the advice of our lawyer we have decided to grant you up to thirty (30) days from the date shown above to remove your possessions and vacate the premises. A legal enforcement procedure will be instituted if immediately you do not leave by 15 March 2018. Any action that you take that can be construed as threatening or harassing or to us or prevents or obstructs our ability to use the house or property at 408 Weatheridge Drive as we see fit will result in your immediate removal from the premises. Christina Rotondo, Owner 408 Weatheridge Drive Mark Rotondo, Spouse 4 of 7
18 February 2108 Here is $1,100 from us to you so you can find a place to stay. Some advice: 1) Organize the things you need for work and to manage an apartment. Note: You will need stuff at Paul Ave. You must arrange the date and time though your Father so he can set it up with the tenant. 2) Sell the other things you have that have any significant value, (e.g. stereo, some tools etc.). This is especially true for any weapons you may have. You need the money and will have no place for the stuff. 3) There are jobs available even for those with a poor work history like you. Get one - you have to work! 4) If you want help finding a place your Mother has offered to help you. Christina and Mark Rotondo 5 of 7
5 March 2018 Today is March 5, 2018. You have 11 days to vacate 408 Weatheridge Drive, Camillus New York along with your property. So far we have seen no indication that you are preparing to leave. If you are forced to leave you risk having your property put out of the house and we will bear no responsibility for its disposition. Be aware that we will take any appropriate actions necessary to make sure you leave the house as demanded. Christina and Mark Rotondo 6 of 7
30 March 2018 You have three acceptable options regarding your vehicle (a Volkswagen Passat). 1) You can work on the car to effect the necessary repairs. We may offer you financial assistance for this. 2) You can take the car to a repair facility to get it fixed. We may offer you financial assistance for this. 3) Get the vehicle off the property if it cannot be repaired. We will pay for its removal. Unless you are going to work on the car immediately, get it off of the ramps. Christina and Mark Rotondo 7 of 7