'-¡: .Y * l.--r,åt t\5 At Individual Assignment part of the at 60 Centre Street, New york, New york on the _ day of'October,20lZ. PRESENT:HON. I JUSTICE x THE CITY OF NEV/ YORK, RAYMOND,KELLY, AS COMMISSIONER of THE NEw YORK CITY POLICE |{:\r4( DEPARTMENT, ,, T I Plaintiffs, ORDER TO SHO\il CAUSE -against- IndexNo..lÒ))57/rA IAN NICHOLS and Ny LONGBOARD ASSOCIATION, Datefiled fo-iy-lZ Defendants x Upon reading and filing the annexed affirmation of clrrusrrNe L. HOGGAN, Esq., dated october 18,2012; the affirmation of New York city Police Deþartr¡elf Lieutenant Robert corbett, dated october 17,2012; the affirmation pursuant to Rule 202.7(Ð dated october 17, 2l:2;together with the Exhibits, summons and verified complaint, verified by Gabriel árr, Esq. on Qctober 17,2012, t tÊt the derendants or their *o-.rfifitr:::::this courr at r.A.s. rart ól Room obe held -!R at the courthouse, located at 60 centre Street, New york county, city '40^rof and State of New York, on the g:304M october ,2012,at o,clock in the forenoon of that day or as soon thereafter as the parties can be heard, Why an order should not be made pursuant to $ 10-110 of the New york City Administrative code ("Administrative code"), Title 38 of the Rules of the City of New york F ï¡- Ë ("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 the É- fr registration procbdrlrers avaiiable at www.broadwaybomb. com, facebook, or elsewhere, or who are present with their skateboards or longboards at the designated startiríg point for the Broadway Bòmb race (ll6th street and Broa(way) at the desþated sta¡ting time of the race (noon) on october 20,2012,ròr any other location, from participating in the planned \ and unpermitted Broadway Bomb race, or any other similar unpermitted event; F,8. Enjoining the defendants, their agents, employees and/or representatives *H i t from further promoting or accepting further regisüation for the ;(J,JD unpermitted Broadway Bomb race scheduled to take place q.J ->.- on october 20, kì( 2012, or any other similar unpermitted event; tu O¡ f¡ìv' Requiring defendants to notif registered participants that, pursuant to fl court order, the Broadway Bomb race and the planned flash mob will not occur on october 20, 2012, and that participants in any such events or F .¿¿- similar unpermitted events, will be subject to arrest, by: l) e-mailing the v¡h (';- tt registered participants at the e-mail addresses they provided in registering *r;g for the race that pursuant to Court order the Broadway Bomb race and the TÉ planned flash mob will not occur on october 20, zol2, and that Av i¡l r|l participants in any such events will be subject to arrest,; and 2) posting on http://www.broadwal¡bomb.com and the Broaäway Bomb 2012 Facebook page, and on any other website available to the defendants, that pursuant --W., to court order the Broadway Bomb race and the planned flash mob will not occur on oclober 20,20r2,and that participant, ir urry such event, or any other similar unpermitted event, will be subject to arrest; and D Enjoining the ddferldants, their agents, employees and/or representatives, from organizing, promoting or otherwise participating in an event involving the racing ór riding Skateboards on any pìUtic street in violation of Adminr*strative code $10-110, without fust obtaining a parade permit from the New Ycjrk city Police Departrnent ("police Department") and paylng the Police Deparhnent the requisite fee pursuant to 3g RCNY $19- 05 during the pendency of this action. E Enjoining the defendants, their agents, employees and/or representatives, from announcing any ne\ry unpermitted Íace via Facebook, www.broadwaybomb.com, e-mail, text messa$e, or via any other method, and that defendants shall not proyide any parry access to the Broadway Bomb 2012 Facebook page, www.broadwaybomb.com, the registered participants' e-mail addresses, or the registered participants' phone numbers so as to enable another party to announce a new unpermitted race NOW IT IS HEREBY ORDERED THAT, pending the hearing qãéte¡n¡¡¡tien of l¿!: I dþis motion, the defendants, their agents, employees and/or representatives, and any and all çt, - {ersons who have registered with defendants via the registration. procedures available at www'broadwavbomb.com, facebook, or elsewhere, or who are present with their skateboards or ilr an1 longboards at thè designated starting point for the Broadway Båmb race (H4S$ee+-and. at the designated starting time of the race (noon) on October 20,2012, or any other Ë:r.j ,\rjæ location, are enjoined, pursuant to Adminishative code gl0-110, 3g RCNY-$lg-05 and cpLR from participating ' $6313 in the planned and unpermitted Broadway Bomb ,u." o. flash mob or any similar unpermitted event and; IT IS FURTHER ORDERED THAT, pending the hearing "t and-fêErffiæïfm of this the defendants, their agents, employees.andlor representatives are enjoined, pursuant to ve code $10-110,38 RCNY 919-05 and cpLR.$6313 frorÀ turtherpromoting or further registation forthe unpermitted Broadway Bomb race or flash mob scheduled take place on October 20, 20 12 or' any bther similai unpermitted event; ú IT rS FURTHER ORDERED ìrrnr, defendants 3 shall forthwith notify the registered participants that, pursuant 5 to Court order, the Broadway Bomb race and flash mob will not occur on 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 the race that pursuant to Court order the Broadway Bomb'race and flash mob will not occur on 20,2012, and that participants in any such event will be subject to arrest; and 2)posting on http://www.broadwal¿bomb.com'and the Broadway Bomb 2012 Facebook page, and on any other website available to the defendants, that pursuant to Court order the Broadway Bomb race and flash mob will not occur on October 20,2012,and that participants in any such event will be to arrest; and IS FURTHER ORDERED THAT, the defendants, their agents, employees and/or representatives are s; enjoined from announcing any new unpermitted race via Facebook, A c.J e-mail, text message, or via any other method, and that defendants *r¡¡ år. shall not provide any party access to the Broadway Bomb |otz Facebook page, ;çt www'broadwaybomb.com, the registered participants' e-mail adäresses, or the registered participants' phone numbers so as to enable another party to announce a new unpermitted race; å t 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, be made upon the defendants bycidrer-personal service on Ian Nichols on his own behalf and as a principal of defendant NY Longboard A'ssqciation t 9, \ on or before ,r," l' buv or october, 20íz andby e-mailirig a copy th.r.of to defendants at [email protected], on or before ,n, -17-åV of October, 20l2,and that this be deemed good and sufficient service on the defendants. ENTER: OralArgument GEOFFREYD.A Directed WRIGTTT È-!Ú' AJSC JSC J.S.C. Þlo$gqr. ft?fr'rrt¡e:(J oa SUPREME COURT OF THE STATE OF NEW YORK COI-INTY OF NEV/ YOR X THE CITY OF NEW YORK, RAYMOND KELLY, AS AFFIRMATION OF COMMISSIONER of THE NEW YORK CITY POLICE CHRISTINA L. HOGGAN IN DEPARTMENT, SUPPORT OF PLAINTIFFS' MOTION FOR A Plaintiffs, PRELIMINARY INJUNCTION -against- IAN NICHOLS and NY LONGBOARD ASSOCIATION,. Index No. y, aA) 7 / , * Defendants. x CHRISTINA L. HOGGA¡I, an attorney admitted to practice in the courts of the State of New York, affirms the following to þe true under the penalties of perjury, pursuant to CPLR 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 plaintifß herein. I make this affirmation based upon my review of records maintained by, and information obtained from, various departments of the City of New York and from statements made to me by officers or agents of the City of New York. 2. I submit this affirmation in support of the plaintifß' motion for a preliminary injunction: l) enjoining the defendants, their agents, employees and/or representatives, from organizing, promoting or otherwise participating in an event involving the racing or riding skateboards on any public street in violation of New York City Administrative Code ("Administrative Code") $10-110, including the Broadway Bomb race and flash mob scheduled for October 20,2012, without first obtaining a parade permit from the New York City 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 which requires a permit from the Police Department pursuant to Administrative Code $ l0- 1 10 and the payment of a non-charitable athletic parade fee in accordance with 38 RCNY $19-05.