NYC Marshal Alejandro Finardo Badge #55 / Never Served with Notice
NYC Marshal Alejandro R. Finardo (Badge Number 55), based out of Corona Park, Queens, executed a Legal Possession of an Apartment in August 2015 without following legal procedures set by NYC Marshals Handbook (http://www.nyc.gov/html/doi/html/marshals/handbook.shtml) in which the Marshal is to:
A marshal must serve the tenant with a Notice of Eviction, before the eviction. Simply stated, this means that the marshal must wait at least three (3) business days after service of the Notice of Eviction before evicting the tenant. (Business days are considered Monday through Friday, except for legal holidays.)The city marshal must attempt to serve the tenant personally, or to serve a person of suitable age and discretion at the premises. If this is unsuccessful, the marshal must conspicuously post the Notice of Eviction on the door of the premises or place it under the door, and within one day, mail copies of the Notice of Eviction by certified mail and regular mail. If the Notice is served by any means other than personal delivery to the tenant, the marshal must wait an additional two business days after mailing the Notice before conducting the eviction. Simply stated, the tenant may be evicted on the sixth business day following the date on which the Notice was mailed. The Notice itself must also be dated, and the date of the Notice may not be earlier than the mailing date.
On Wednesday August 5, 2015, I was in my apartment working on a client's account then proceeded to run to the store with a neighbor at 1:30 pm, returning to the apartment with my neighbor from 2:15 to 2:30 pm to unload the groceries and obtain a towel for the pool in the gym downstairs. My neighbor and I checked into the gym at the pool promptly at 2:37 pm where my credit card on file was charged for the entry for a half day. At 5:35 pm, my neighbor and I left the gym pool and proceeded to go to Gristedes in the front of the complex.
At 6 pm on August 5th, I went upstairs to the apartment as it was beginning to rain and was not just shocked, but in utter disbelief that there was a "Legal Possession Notice by the NYC Marshal Office" taped to the door. I tried numerous times to use my key to enter my residence, but to no avail, the locks had been changed. I had never been served with a 72 Hour notice or Warrant of Eviction by the Marshal, nor a process server. With no phone charger, no clothes and no explanation by the management company, nor the doormen on duty who had never seen the Marshal come up to the apartment that day (I am assuming they took a back entrance through the loading dock/freight area escorted by Management's security) I took my groceries in tears and shaking to go to my neighbor's home.
I proceeded to call the NYPD, who said I would have to go to Housing Court in the morning in order to file an OSC to restore possession because once this reaches the Marshal's office that is out of their hands. Had it not been for my neighbor taking me in that evening, I would have been at a loss with no where to go, without access to my debit/bank card, ID, etc to even book a hotel room.
On the morning of August 6th, I went to Housing Court at 111 Centre Street in Manhattan, in my wet bathing suit and cover up from the day before, pleading to have access to my residence and belongings. The Judge signed an OSC allowing me limited access to gather some personal belongings until we returned to court the next morning at 9:30 am. At 4 pm that afternoon, I had less than 30 min, escorted by 3 NYPD officers that I asked to accompany me, into my residence to get my ovarian cyst medication, my toiletries, underwear, a few articles of clothing, my phone charger, wallet, etc as I had been completely sideswiped by this without having an opportunity to be warned or served with a 72 hour notice, in which case I could have gone to my management company and Housing Court to find out what exactly the situation was. I missed two days of work on Thursday and Friday, including an extremely vital meeting with one of my producers, client and investors on a muti million dollar deal that had been scheduled for August 6th for 3 weeks prior.
In Housing Court, when a tenant is improperly served with a summons, or a petition from a landlord, the tenant can request what is called a Traverse Hearing (A "traverse" is a hearing conducted by a judge to determine whether the defendant was properly served with the Summons in the action. The ultimate result of such a hearing will be a determination that either the defendant was properly served and, therefore, must answer the Complaint, or that the defendant was not properly served and the action is deemed dismissed. Sometimes, this is the critical part of a case, especially where the time to commence a new action against the defendant has passed by virtue of the applicable statute of limitations.)
Upon arrival in Housing Court on Friday, August 7th, I appeared again in Housing Court promptly at 9:30 am where I told the presiding Judge that I had NEVER been served by the Marshal with the 72 Hour Notice or a Warrant of Eviction. To date, I still have not seen a copy of this Warrant, nor an Affadavit of Service, nor have I received a copy of a certified mail nor regular mail of this Warrant. I spoke with a woman named Christina in the Marshal's office this morning that stated her records show the following:
1st attempt of service was supposedly on July 22nd at 10:34 am, the last and final attempt was supposedly on July 23rd at 6:01 am. On both occassions, I was home, present at my residence. The doorman has no record of the Marshal nor a Process Server entering the property. No notice was left on my door, under my door, and in addition, Christina provided me with a Certified USPS Tracking number of [protected] which as is provided, the tracking number simply does not exist.
I have in addition, been told by the Marshal's numerous assistants since last Thursday, August 6th, that the Marshal served me himself, then the story was changed to a process server was hired to serve me, that it was nailed to a white door (I live in a complex with thousands of units with white doors). The NYC Marshal Alejandro R. Finardo Badge 55 has NOT complied with legal requirements set forth in the civil handbook (http://www.nyc.gov/html/doi/html/marshals/marapx.shtml) and has consistently refused to take my phone calls, provide any proof of service, and has caused not only thousand of dollars in legal feels, but Intentional Infliction of Emotional Distress (Please refer to Case Law http://caselaw.findlaw.com/us-2nd-circuit/1098858.html), I was unable to have access to my medication, lost wages, hotel fees, no access to my ID and debit cards. Essentially left with nowhere to go, with no answers.
Finally, after days of Housing Court, and now having to retain two separate attorneys for this matter, I have finally been able to contact the appropriate contacts at the Mayor's office, 311 and the Supervisors at the Marshal's office at 80 Maiden Lane in New York. I am at a complete loss for words (as is everyone that I have spoken to at the Mayor's office, 80 Maiden Lane and 311) considering that I am the daughter of a Retired Federal Agent who spent his career as an honored Civil Servant, that a City Marshal is not being held responsible for not complying with legal requirements for Notice. Had this Marshal Alejandro R. Finardo complied legally with his job requirements, then I would have immediatley gone to my management company and the Housing Court in order to rectify the situation as opposed to being left without any options, suffering panic and anxiety attacks, lost wages, displacement from my home, belongings, medications and having to retain not one but two lawyers to seek justice in a situation that was all caused by this Marshal's indifference to the law and protocol.