Cannabis Shop In West Brighton Marks First Staten Island Smoke Shop Shut Down By Staten Island District Attorney’s Office

District Attorney McMahon, NYC Sheriff Miranda, NYS Department of Taxation & Finance, NYS Office of Cannabis  Management Shut Down Baba Yak Smoke Shop in West Brighton

Shutdown Marks First Instance of a District Attorney’s Office Using Power Authorized in State Real Property Law (RPL),  Real Property Actions and Proceedings Law (RPAPL) to Both Initiate Landlord-Tenant Action and Oversee Physical  Eviction of an Illegal Cannabis Shop

Editor’s note: Readers may remember the announcement last year of stepped-up enforcement against smoke shops selling illicit products, which can be read here.  You can also learn about the landlord law, allowing this enforcement and imposing harsh penalties on landlords who refuse to cooperate, here. 

The following questions were answered by the District Attorney’s Office: 

1-Were there any fines levied on or arrests made of the proprietors or business owners themselves?

A- The owners were not arrested. Fines had been issued previously on prior inspections by the Sheriff.

2-Does your office have a photo of the outside of the storefront during or just before the raid?

A-Outside photo below

DA McMahon, NYC Sheriff, NYS Marshal, landlord at the Baba Yak eviction. Image Credit – DA McMahon

On Wednesday, District Attorney Michael E. McMahon joined NYC Sheriff Anthony Miranda to formally evict the proprietors of Baba Yak Smoke Shop from their premises at 708 Castleton Avenue, directly across the street from Richmond University Medical Center.

Wednesday’s closure marks the first time that a District Attorney’s Office, after using its authority under Section 231 of the New York State RPL and Sections 711(5) and 715 of the RPAPL to request a landlord commence an eviction proceeding against a tenant where an investigation by state and city agencies found that the store was selling illegal cannabis products and other contraband, subsequently oversaw the physical eviction of that smoke shop.

Outside of Baba Yak. Image Credit – DA McMahon

“Baba Yak was a blight on Castleton Avenue, and blatantly advertised to all who passed that there were illegal, unregulated cannabis sales happening inside” said District Attorney McMahon. “These shops, which have sprouted up like weeds across the city, have no place in our business districts, endanger the well-being of our kids, and enrage hard-working, honest New Yorkers who play by the rules as these stores profit off illegal products and laugh their way to the bank. While today was a victory for the rule of law, much remains to be done, and we need lawmakers to take real action to make shutting down these shops easier and simpler.”

In September 2023, the Office of Cannabis Management (OCM) and the State Department of Taxation and Finance inspected Baba Yak, finding large quantities of illegal cannabis products, untaxed cigarettes, and other contraband. At that point, our office sent a letter to the building owner formally putting them on notice that this activity was occurring, and requesting they initiate an eviction proceeding against their tenant. If they failed to do so, our office would initiate civil legal proceedings against both the tenant and landlord. Thankfully, this landlord complied with our request, and entered into a stipulation with their tenant that they would not evict them as long as they stopped selling illegal cannabis products.

However, a February inspection by the NYC Sheriff revealed Baba Yak continued their illegal conduct, at which point eviction proceedings commenced. On Wednesday, that eviction was finalized as the landlord joined DA McMahon, Sheriff Miranda, and the NYC Marshal to change the locks and bar the proprietors of Baba Yak from reentering the premises.

“This was a successful collaboration of city and state agencies working with the landlord to help keep our communities safe,” said NYC Sheriff Anthony Miranda. “These Smoke Shop locations target underage youth and jeopardize the health of our communities by selling unlicensed and unregulated products, and we will continue working with our partners to hold them accountable.”

District Attorney McMahon’s Economic Crimes Bureau currently has over half a dozen similar actions currently pending against other smoke shops across Staten Island.

“We will continue to do everything we can under the law to shut down these stores, seize their product, hold owners accountable, and prevent them from reopening, but frankly the laws currently on the books are inadequate” continued District Attorney McMahon. “We need legislative leaders in Albany and City Hall to give us, the NYPD, the Sheriff, and our other partners more tools and more resources to rid our neighborhoods of these stores and we will continue to pressure them to do so.”

Advertisement

Banner Image: Baba Yak eviction. Image Credit – DA McMahon