Alexander Restaino won a major victory on behalf of a Bronx photography studio facing permanent closure by the NYPD civil affairs bureau. The NYPD and various other City and State agencies conducted a raid of the photo studio late on a Friday night. Even though there were only six people in the studio at the time with no alcohol being consumed, the NYPD arrested the proprietor of the studio and charged him with operating an illegal bottle club; and selling and warehousing alcoholic beverages.
The NYPD then used the New York Police Department’s Legal Affairs Bureau, which handles civil closures of businesses for the NYPD, to bring an emergency order to show cause in Bronx Supreme Court and had the photography studio immediately shut down. They then sought to have the photography studio permanently evicted and closed after thirteen years at the same location. In their motion papers the NYPD claimed that the presence of two full liquor bottles, four empty liquor bottles, and an antique cash register containing no money was evidence that the photo studio was actually a secret bottle club.
After a two day hearing that included the testimony of three witnesses who were in the studio that night and the cross examination of an NYPD Sergeant and a New York State Alcohol and Beverage Control Inspector, Alexander Restaino was able to convince a judge that the NYPD had submitted false affidavits with their motion papers, the space was not being used as a bottle club, and there was no selling or warehousing alcohol in the studio. The NYPD’s order to show cause for permanent closure of the photography studio was denied and the photography business is allowed to continue at its longtime Bronx location without restrictions.
In many cases the NYPD’s Legal Department can be more devastating to a person’s life and family than the police officers arresting someone. The closing of a person’s business and livelihood takes away their ability to hire a lawyer to defend both the shutdown of their business and any criminal charges the NYPD places against them. The NYPD knows this and uses their Legal Department as a tool to help close their cases. Restaino Law, LLC is committed to protecting people’s rights against unlawful NYPD shutdowns of their businesses.
If you receive a notice that the NYPD and their Legal Department is trying to shut down your business it is imperative that you call a lawyer right away. Alexander Restaino is experienced in defending these types of cases against the NYPD and their Legal Department and can help to defeat them in court and keep your business open.