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At an IAS Part of the Supreme Court
of the State of New York, held in and
for the County of Westchester, at the
Courthouse located at 111 Dr. Martin
Luther King, Jr. Blvd, White Plains,
NY, on the day of August, 2019.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
HON. SAM D. WALKER, J.S.C.
---------------------------------- ------X
FARBER, PAPPALARDO & CARBONARI,
Index No.: 66250/2017
Plaintiff,
-against- ORDER TO SHOW
CAUSE
SEAN MORGAN,
Defendant,
_________________________.....___..---------··-X
NOTICE: THE PURPOSE OF THE HEARING IS TO PUNISH YOU FOR
CONTEMPT OF COURT. SUCH PUNISHMENT MAY CONSIST OF A FINE,
IMPRISONMENT, OR BOTH, ACCORDING TO LAW.
WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR
IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT.
Upon the reading and filing of the annexed Affirmation of John A. Pappalardo,
Esq., counsel for the Plaintiff, FARBER, PAPPALARDO & CARBONARI, dated July 31,
2019, the Memorandum of Law and exhibits annexed thereto, the Money Judgment dated
April 9, 2018, the Decision and Order dated May 8, 2019, and upon all of the papers and
proceedings heretofore had,
LET the Defendant, SEAN MORGAN, show cause before this Court, to be held at
the Westchester Supreme Courthouse located at 111 Dr. Martin Luther King Jr.
Boulevard, White Plains, New York 10601, on , 2019, at
a.m. / p.m., or as soon as the parties to this proceeding may be heard, why an
Order should not be made and entered granting the following relief:
1. PUNISHING THE DEFENDANT FOR CONTEMPT OF COURT, WHICH
PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH,
in accordance with the provisions of Article 19 of the Judiciary Law, for his
willful failure and refusal to comply with the following clear and unambiguous
provisions of the Money Judgment of this Court dated April 9, 2018:
a) Failing to remit payment of collection attorney's fees, inclusive of
costs, in the total amount of $5,027.50; and
b) Failing to remit.payment of legal services rendered in the amount of
$7,534.57; and
2. PUNISHING THE DEFENDANT FOR CONTEMPT OF COURT, WHICH
PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH,
in accordance with the provisions of Article 19 of the Judiciary Law, for his
willful failure and refusal to comply with the following clear and unambiguous
provisions of the Order of this Court dated May 8, 2019:
a) Failing to serve responses to the November 30, 2018 Information
Subpoena issued by Plaintiff within twenty (20) days of the May 8,
2019 Order; and
b) Failing to remit payment of the penalty in the amount of $50.00; and
3. Pursuant to Judiciary Law § 772, punishing Defendant for his aforementioned
contempt upon the return of this application and issuing an order and warrant
for Defendant's commitment for his failure to pay the Money Judgment of this
Court dated April 9, 2018 and his failure to comply with the Order dated May
8, 2019; and
4. An award of counsel fees, costs, and disbursements granted to Plaintiff from
the Defendant in the amount of $10,235.00 for additional legal services,
including $2,552.50 in connection with the preparation for and filing of two
motions: (1) Plaintiff's Motion to Compel the Defendant's compliance with
Plaintiff's Information Subpoena, filed on January 31, 2019; and (2) Plaintiff's
instant Order to Show Cause and supporting documents, seeking to hold
Defendant in contempt for his repeated, willful failure to comply with the
Orders of this Court, with leave to apply for an additional award as newssary;
and
5. Granting Plaintiff such other and further relief as the court deems just and
proper.
SUFFICIENT REASON APPEARING THEREFORE, itis hereby
..
ORDERED that the Defeñdañt, SEAN MORGAN, shall be committed to the
custody of the Westchester Department of Corrections for a period of days unless
Defendant purges himself of this contempt by fully adhering to: (1) this Court's April 9,
2018 Money Judgment, including remitting payment to the Plaintiff in the amount of FIVE
THOUSAND TWENTY-SEVEN DOLLARS AND FIFTY CENTS ($5,027.50), representing
attomey's fees and costs awarded to Plaintiff for collections attorney's fees incurred to
date, (2) this Court's April 9, 2018 Money Judgment, including remitting payment to
Plaintiff in the amount of SEVEN THOUSAND FIVE HUNDRED THIRTY-FOUR
DOLLARS AND FIFTY-SEVEN CENTS ($7,534.57), representing attorney's fees
awarded to Plaintiff for its representation of Defendant throughout his matrimonial action
(2) this Court's May 8, 2019 Order, including fully responding to the Plaintiff's November
30, 2018 Information Subpoena and remitting payment in the total amount of FIFTY
DOLLARS ($50.00), for reimbursement of costs. Execution is stayed for twenty (20) days
from the date of this Order to enable Defendant to purge himself of his contempt by paying
Plaintiff, by certified check made payable to "Farber, Pappalardo & Carbonari, as
attorneys"
in the total amount of TWELVE THOUSAND SIX HUNDRED TWELVE
DOLLARS AND SEVEN CENTS ($12,612.07); and itis further
ORDERED that Defendant shall appear before this Court on
, 2019,. at 9:30 a.m. in order to submit proof that said purge
conditions have been satisfied or an order of commitment and a bench warrant shall be ..
issued for his arrest; and itis further
ORDERED that service of this Order to Show Cause, together with the papers
upon which itis shall be made upon the Defendant SEAN whose last-
based, MORGAN,
known residence is 72 Grand Boulevard, Eastchester, New York 10583, by personal
3
service, and by overnight mail to the same, on or before . 2019,
which shall be tieemed good and sufficient service, and itis further
ORDERED that answering papers, if any, shall be served upon Plaintiff's
attorneys, Farber, Pappalardo & Carbonari, and filed with the Court so as to be received
in hand by both the Court and counsel for Plaintiff on or before
2019, and itis further
ORDERED that the parties and counsel are directed to appear on the return date
of this motion.
Dated: White Plains, New York
, 2019
ENTER:
HON. SAM D. WALKER, J
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Preview
At an IAS Part of the Supreme Court of the State of New York, held in and for the County of Westchester, at the Courthouse located at 111 Dr. Martin Luther King, Jr. Blvd, White Plains, NY, on the day of August, 2019. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER HON. SAM D. WALKER, J.S.C. ---------------------------------- ------X FARBER, PAPPALARDO & CARBONARI, Index No.: 66250/2017 Plaintiff, -against- ORDER TO SHOW CAUSE SEAN MORGAN, Defendant, _________________________.....___..---------··-X NOTICE: THE PURPOSE OF THE HEARING IS TO PUNISH YOU FOR CONTEMPT OF COURT. SUCH PUNISHMENT MAY CONSIST OF A FINE, IMPRISONMENT, OR BOTH, ACCORDING TO LAW. WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT. Upon the reading and filing of the annexed Affirmation of John A. Pappalardo, Esq., counsel for the Plaintiff, FARBER, PAPPALARDO & CARBONARI, dated July 31, 2019, the Memorandum of Law and exhibits annexed thereto, the Money Judgment dated April 9, 2018, the Decision and Order dated May 8, 2019, and upon all of the papers and proceedings heretofore had, LET the Defendant, SEAN MORGAN, show cause before this Court, to be held at the Westchester Supreme Courthouse located at 111 Dr. Martin Luther King Jr. Boulevard, White Plains, New York 10601, on , 2019, at a.m. / p.m., or as soon as the parties to this proceeding may be heard, why an Order should not be made and entered granting the following relief: 1. PUNISHING THE DEFENDANT FOR CONTEMPT OF COURT, WHICH PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH, in accordance with the provisions of Article 19 of the Judiciary Law, for his willful failure and refusal to comply with the following clear and unambiguous provisions of the Money Judgment of this Court dated April 9, 2018: a) Failing to remit payment of collection attorney's fees, inclusive of costs, in the total amount of $5,027.50; and b) Failing to remit.payment of legal services rendered in the amount of $7,534.57; and 2. PUNISHING THE DEFENDANT FOR CONTEMPT OF COURT, WHICH PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH, in accordance with the provisions of Article 19 of the Judiciary Law, for his willful failure and refusal to comply with the following clear and unambiguous provisions of the Order of this Court dated May 8, 2019: a) Failing to serve responses to the November 30, 2018 Information Subpoena issued by Plaintiff within twenty (20) days of the May 8, 2019 Order; and b) Failing to remit payment of the penalty in the amount of $50.00; and 3. Pursuant to Judiciary Law § 772, punishing Defendant for his aforementioned contempt upon the return of this application and issuing an order and warrant for Defendant's commitment for his failure to pay the Money Judgment of this Court dated April 9, 2018 and his failure to comply with the Order dated May 8, 2019; and 4. An award of counsel fees, costs, and disbursements granted to Plaintiff from the Defendant in the amount of $10,235.00 for additional legal services, including $2,552.50 in connection with the preparation for and filing of two motions: (1) Plaintiff's Motion to Compel the Defendant's compliance with Plaintiff's Information Subpoena, filed on January 31, 2019; and (2) Plaintiff's instant Order to Show Cause and supporting documents, seeking to hold Defendant in contempt for his repeated, willful failure to comply with the Orders of this Court, with leave to apply for an additional award as newssary; and 5. Granting Plaintiff such other and further relief as the court deems just and proper. SUFFICIENT REASON APPEARING THEREFORE, itis hereby .. ORDERED that the Defeñdañt, SEAN MORGAN, shall be committed to the custody of the Westchester Department of Corrections for a period of days unless Defendant purges himself of this contempt by fully adhering to: (1) this Court's April 9, 2018 Money Judgment, including remitting payment to the Plaintiff in the amount of FIVE THOUSAND TWENTY-SEVEN DOLLARS AND FIFTY CENTS ($5,027.50), representing attomey's fees and costs awarded to Plaintiff for collections attorney's fees incurred to date, (2) this Court's April 9, 2018 Money Judgment, including remitting payment to Plaintiff in the amount of SEVEN THOUSAND FIVE HUNDRED THIRTY-FOUR DOLLARS AND FIFTY-SEVEN CENTS ($7,534.57), representing attorney's fees awarded to Plaintiff for its representation of Defendant throughout his matrimonial action (2) this Court's May 8, 2019 Order, including fully responding to the Plaintiff's November 30, 2018 Information Subpoena and remitting payment in the total amount of FIFTY DOLLARS ($50.00), for reimbursement of costs. Execution is stayed for twenty (20) days from the date of this Order to enable Defendant to purge himself of his contempt by paying Plaintiff, by certified check made payable to "Farber, Pappalardo & Carbonari, as attorneys" in the total amount of TWELVE THOUSAND SIX HUNDRED TWELVE DOLLARS AND SEVEN CENTS ($12,612.07); and itis further ORDERED that Defendant shall appear before this Court on , 2019,. at 9:30 a.m. in order to submit proof that said purge conditions have been satisfied or an order of commitment and a bench warrant shall be .. issued for his arrest; and itis further ORDERED that service of this Order to Show Cause, together with the papers upon which itis shall be made upon the Defendant SEAN whose last- based, MORGAN, known residence is 72 Grand Boulevard, Eastchester, New York 10583, by personal 3 service, and by overnight mail to the same, on or before . 2019, which shall be tieemed good and sufficient service, and itis further ORDERED that answering papers, if any, shall be served upon Plaintiff's attorneys, Farber, Pappalardo & Carbonari, and filed with the Court so as to be received in hand by both the Court and counsel for Plaintiff on or before 2019, and itis further ORDERED that the parties and counsel are directed to appear on the return date of this motion. Dated: White Plains, New York , 2019 ENTER: HON. SAM D. WALKER, J 4