Preview
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF WASHINGTON
________________________________________________
GEORGE G. GELLERT,
TURNOVER PETITION
Petitioner,
-against- Index No.:
VERTICAL FARMS EQUINE LLC, JEFF
VROMAN, KIERSTEN VROMAN,
NICHOLAS CUTRO, JR., and BOARDWALK
HORSE FARMS, LLC,
Respondents.
_____________________________________________
STATE OF NEW YORK :
:SS.:
COUNTY OF SCHENECTADY :
JOHN F. HARWICK, hereby affirms as follows:
1. That he is an attorney admitted to practice in this state and affirms the forgoing
under the penalties of perjury.
2. On October 20, 2014, a judgment was entered in the Supreme Court, County of
Richmond, in favor of George Gellert, petitioner/judgment creditor and against Nicholas Cutro,
Jr., respondent/judgment debtor, in the sum of sum of ONE MILLION ONE HUNDRED AND
FIFTY-NINE THOUSAND, SEVEN HUNDRED AND SIXTY EIGHT DOLLARS and 06 /100
($1,159,768.06). A copy of that judgment is annexed hereto and marked “Exhibit A”.
3. Thereafter, said judgment was duly transcribed to Washington County Clerk’s
judgment records on or about the 15th Day of November 2015, in favor of plaintiff/judgment
creditor GEORGE G. GELLERT, a copy of said transcript is attached hereto as Exhibit “B”.
1 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
4. This special proceeding is being brought pursuant to CPLR § 5225(b) authorizes a
special proceeding for a turnover order to enforce a judgment against an asset of a judgment debtor
in the “possession or custody” of a third party.
5. Venue is in this county as the subject property is located in this county.
6. At all times hereinafter mentioned, respondent/judgment debtor, Nicholas Cutro,
Jr., is the sole member of Boardwalk Horse Farms, LLC.
7. Boardwalk Horse Farms, LLC was and still is a domestic limited liability company
with its last known place of business address at 10100 State Route 149, Fort Ann, NY 12827.
8. Justin Heller Esq., represents Nicholas Cutro, Jr., and Boardwalk Horse Farms LLC
in a related fraudulent conveyance action in the County of Washington bearing index number
EC2022-34043.
9. Boardwalk Horse Farms, LLC owns a property located at 10140 State Route 149,
Fort Ann, NY 12827 (the “Property”)
10. Upon information and belief, about twelve (12) years ago, Nicholas Cutro, Jr. and
Boardwalk Horse Farms, LLC leased the Property to Vertical Farm Equine LLC which is owned
and operated by Jeff and Kiersten Vroman.
11. Vertical Farm Equine, LLC has been duly served with an article 52 subpoena and
restraining notice, a copy of which is attached as Exhibit “C”.
12. I have been advised by Jeff Vroman of Vertical Farm Equine LLC that they pay the
respondent Nicholas Cutro, Jr. personally, Five Thousand Nine Hundred and Ninety-Eight Dollars
and Eighty Cents ($5,998.80) per month for leasing the Property.
13. I was recently contacted by John Aspland Esq. who indicated that he represented
Jeff and Kiersten Vroman, owners of Vertical Farm Equine LLC.
2 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
14. It is requested that service upon the respondents’ attorneys be authorized via email
and Fed Ex.
15. Petitioner is entitled to a turnover of a sum sufficient to satisfy the judgment
Pursuant to CPLR 5225(a).
16. There has been no prior application for the relief sought herein.
WHEREFORE. Petitioner respectfully requests that respondents be directed to turnover
to petitioner and/or the sheriff of the Washington County, the principal sum of Five Thousand
Nine Hundred and Ninety Eight Dollars and Eighty Cents ($5,998.80) per month, together with
interest, costs, poundage, fees, and disbursements, together with such other and further relief as to
this court may seem just and proper.
Dated: September 21, 2022
______________________________
John F. Harwick
Sworn to before me, this
21st day of September 2022
3 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
ATTORNEY VERIFICATION
State of New York )
County of Schenectady ) ss.:
JOHN F. HARWICK, an attorney at law duly authorized to practice in the courts of this state,
affirms: I have read the annexed Petition and know the contents thereof and the same are true to
my own knowledge, except those matters stated therein which are stated to be alleged upon
information and belief, and as to those matters I believe them to be true.
The reason the verification is made by counsel and not the party is: plaintiff does not reside in
Schenectady County, where I maintain my office.
The basis of my knowledge and information is: documents and discussions with my client.
Date: September 21, 2022 ______________________________
JOHN F. HARWICK
4 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
EXHIBIT “A”
5 of 22
FILED::
|E'ILED WASHINGTON
RICHMOND COUNTY
COUNTY CLERKCLERK 09/21/2022
10/20/2014 03:04
09:23 PM INDEX
INDEX NO.
NO. EC2022-34382
150326/2014
ANj
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 1
12 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/22/2022
10/20/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--_____________-_________-__________________ x
GEORGE G. GELLERT, :
: Index No. 150326-2014
Plaintiff :
-against-
: JUDGMENT
NICHOLAS CUTRO, JR. and MARTIN M. :
FILLER,
Defendants.
_________-________ _________________________ x
The Summons and Notice of Motion and Affidavit in Support of Plaintiff's Motion for
Summary Judgment in Lieu of Complaint in the above entitled action having been personally
served upon Defendant Nicholas Cutro on
("Defendant") May 3, 2014, and Defendantshaving
appeared but not having opposed said motion,
NOW, upon the Summons and Notice of Motion and Affidavit in Support of Plaintiff's
Motion for Summary Judgment in Lieu of Complaint with proof of due service thereof, and upon
the Order entered on July 21, 2014 in the offices of the Clerk of Richmond County, upon all the
prior papers and had and
proceeding herein, upon the motion of Levy, Stopol & Camelo, LLP,
..
attorneys for plaintiff GEORGE GELLERT, itis
ADJUDGED, that Plaintiff GEORGE GELLERT, having an address at Two Town .
Road, Hillsdale, New York recover of Defendant NICHOLAS a last known
CUTRO, having
address at 10100 State Route Fort New York
149, Ann, 12827, in the principal sum of
$800,000.00 together with interest thereon at the rate of seven percent (7%) per annum from
May 20, 2008 through the date of of judgment in the amount of
entry $ and the sum of
6 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
1, 159, 768.06 .
$305.00 for costs and disbursements, amounting in all to the total sum of $ and that
Plaintiff GEORGE GELLERT have execution therefore; and itis further
ADJUDGED that Defendant NICHOLAS CUTRO is liable for Plaintiff's costs and
attorneys' attorneys'
expenses of collection including fees and that Plaintiff's claim for fees is
severed and continued for hearing and inquest on the same and that the Clerk of the Court is
directed to enter subsequent judgment in favor of Plaintiff GEORGE GELLERT and against
Defendant NICHOLAS CUTRO for allsuch amount.
2 O th Oc t . 2 0 1 4
JUDGMENT entered the _ day of 4.
LERK
1-427895
FILED AND
DOCKETED
Oct 20 2014
AT 0 9 : 2 1 A M
RICHMOND COUNTY CLERK
7 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
EXHIBIT “B”
8 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
D
GÓUNTY CLE COUNTY
WHEREOF,
0 DA SEAL OFFICIAt
NY AFFIXED
NAMEMY SET UNTO HERE HAVE
I TESTIMONY
IN
OFFICE.
MY IN JUDGMENTS
OF DOCKET
THE FROM TRANSCRIPT
CORRECT
RICHMOND, FIALA,
J. I,
A IS ABOVE
THE THAT CERTIFY HEREBY OF COUNTY
THEOF CLERK STEPHEN
OF
RICHMOND COUNTY
YORKNEW0F STATE EXTENT
WH
______------------------ --
_____---___----_
---.
COST
DAMAGES
---------.---
OF
JUDGMENT AMOUNT
-------------------------------------- --------------------------------
-----------------------------___----------- ----------
11556 NY UNIONDALE NY HILLSDALE
PLAZARXR 1425 ROAD TOWN TWO 12827 NY ANN FORT
CAMELO, LEVY,
LLP & STOPOL GEORGE A)GELLERT 149 ROUTE STATE 10100
-------------------------------------- -------------------------------------------.
---,._____---___---.--------
________
ADDRESS
AND NAME ADDRESS
AND NAME ADDRESSKNOWNLAST PROFES
--.____________-__________-,
_____-____ ------_____,-__________________-_________--.
---_____---__.-________
__--------.
CREDITOR JUDGMENT
FOR ATTORNEY CREDITOR JUDGMENT DEBTOR
-------__----
»> FEE <<< JUDGMENT
OF TRANSCRIPT >» FEE <<<
9 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
CLERK,
COUNTY RICHMOND COUNTY
WHEREOF,
20 DAY THIS SEAL OFFICIAL
MY AFFIXED
NAMEMY SET UNTO HERE HAVE
I TESTIMONY
IN
OFFICE.
MY IN OF
JUDGMENTS THE
DOCKET FROM CORRECT
TRANSCRIPT
RICHMOND, FIALA,
J. I,
A IS ABOVE
THE THAT CERTIFY HEREBY OF THEOF
COUNTY CLERK STEPHEN
OF
RICHMOND COUNTY
YORKNEWOF STATE
JUDGMENT
OF STA
____
>>> FEE <<< JUDGMENT
OF TRANSCRIPT >>> FEE <<<
10 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
EXHIBIT “C”
11 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
August 24, 2022
VIA PERSONAL SERVICE & EMAIL TO
verticalfarm1@gmail.com
VERTICAL FARM EQUINE LLC
Jeff Vroman & Kiersten Vroman, Managing Members
10140 State Route 149, Apt. B
Fort Ann, NY 12827
Re: George G. Gellert v. Nicholas Cutro, Jr., et al.
No.: 150326-2014
Our File No.: 10930.000
Dear Mr & Mrs. Vroman:
This firm represents the judgment creditor in the above referenced matter.
Enclosed please find a subpoena with a return date of Tuesday, September 20, 2022.
If you have an attorney, please have them contact me.
Very truly yours,
E. STEWART JONES HACKER MURPHY LLP
/s/John F. Harwick
John F. Harwick
jharwick@joneshacker.com
Direct Line: (518) 213-0113
JFH/mcb
Enclosures
Cc: Client &
Austin Taylor, Process Server
12 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
TAKE NOTICE THAT FALSE SWEARING OR FAILURE TO COMPLY WITH THIS
SUBPOENA IS PUNISHABLE AS CONTEMPT OF COURT
GEORGE G. GELLERT ARTICLE 52 DUCES TECUM
SUBPOENA WITH
RESTRAINING NOTICE
Plaintiff,
- against – Index No.: 150326-2014
NICHOLAS CUTRO, JR., et al.
Defendants.
THE PEOPLE OF THE STATE OF NEW YORK
TO: VERTICAL FARM EQUINE LLC
Attn: Jeff Vroman & Kiersten Vroman, Managing Members
10140 State Route 149, Apt. B
Fort Ann, NY 12827
WHEREAS, in an action in the Washington County Supreme Court of the State of New
York; Index No. 150326-2014 between GEORGE G. GELLERT, Plaintiff (“Judgment
Creditor”), and NICHOLAS CUTRO, JR., Defendant (“Judgment Debtor”), the same being
parties to the above action, a judgment was entered on the 20th day of October 2014 a copy of
which is attached, thereafter and transcribed to the Washington County Clerk’s judgment
records, in favor of plaintiff/judgment creditor GEORGE G. GELLERT, for the sum of ONE
MILLION, ONE HUNDRED AND FIFTY-NINE THOUSAND, SEVEN HUNDRED AND
SIXTY-EIGHT DOLLARS and 06/100 ($1,159,768.06) as against the Judgment Debtors;
WHEREAS, the amount of ONE MILLION, ONE HUNDRED AND FIFTY-NINE
THOUSAND, SEVEN HUNDRED AND SIXTY-EIGHT DOLLARS and 06/100
($1,159,768.06), together with interest from October 20, 2014, remains due and unpaid;
13 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
YOU ARE HEREBY COMANDED to produce on Tuesday, September 20, 2022 at 10:00 a.m.
at the offices of E. Stewart Jones Hacker Murphy LLP, 200 Harborside Drive, Suite 300,
Schenectady, New York 12305 the following books and papers for examination:
SEE LIST ATTACHED HERETO AS EXHIBIT “A” TO BE PRODUCED IN
ELECTRONIC FORMAT ON CD, THUMBDRIVE OR FILE SHARE SERVICE TO
jharwick@joneshacker.com and ddudley@joneshacker.com.
THIS IS A SUPOENA DUCES TECUM FOR DOCUMENT PRODUCTION ONLY.
NO PERSONAL APPEARANCE IS REQUIRED AT THIS TIME.
RESTRAINING NOTICE PER CPLR 5222
WHEREAS, no previous Restraining Notice has been served upon you pursuant to Civil
Practice Law and Rules (“CPLR”) Article 52.
WHEREAS, it is believed that you are indebted to the judgment debtor;
WHEREAS, it is believed that you are in the possession or custody of certain property in
which the judgment debtor has an interest;
WHEREAS, you are indebted to the judgment debtor;
WHEREAS, you are in the possession or custody of certain property in which the
judgment debtor has an interest;
PLEASE TAKE NOTICE, that pursuant to subdivision (b) of § 5222 of the CPLR, which
is set forth in full herein, you are hereby forbidden to make or suffer any sale, assignment or
transfer of or any interference with, any property in which you have an interest, except upon the
direction of the sheriff or pursuant to and order form the Court, until the Judgment is satisfied or
vacated.
PLEASE TAKE FURTHER NOTICE, that this notice also covers all property in which
the judgment debtors have an interest hereafter coming into your possession or custody, and all
debts hereafter coming due from you to the judgment debtors.
14 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
CIVIL PRACTICE LAW AND RULES
Section 5222(b) Effect of restraint; prohibition of transfer; duration.
A judgment debtor or obligor served with a restraining notice is
forbidden to make or suffer any sale, assignment, transfer, or
interference with any property in which he or she has an interest,
except as set forth in subdivisions (h) and (i) of this section, and
except upon direction of the sheriff or pursuant to an order of the
court, until the judgment is satisfied or vacated. A restraining notice
served upon a person other than the judgment debtor or obligor is
effective only if, at the time of service, he or she owes a debt to the
judgment debtor or obligor or he or she is in the possession or
custody of property in which he or she knows or has reason to
believe the judgment debtor or obligor has an interest, or if the
judgment creditor or support collection unit has stated in the notice
that a specified debt is owed by the person served to the judgment
debtor or obligor or that the judgment debtor or obligor has an
interest in specified property in the possession or custody of the
person served. All property in which the judgment debtor or obligor
is known or believed to have an interest then in and thereafter
coming into the possession or custody of such a person, including
any specified in the notice, and all debts of such a person, including
any specified in the notice, then due and thereafter coming due to
the judgment debtor or obligor, shall be subject to the notice except
as set forth in subdivisions (h) and (i) of this section. Such a person
is forbidden to make or suffer any sale, assignment or transfer of, or
any interference with, any such property, or pay over or otherwise
dispose of any such debt, to any person other than the sheriff, or
support collection unit, except as set forth in subdivisions (h) and (i)
of this section, and except upon direction of the sheriff or pursuant
to an order of the court, until the expiration of one year after the
notice is served upon him or her, or until the judgment or order is
satisfied or vacated, whichever event first occurs. A judgment
creditor or support collection unit which has specified personal
property or debt in a restraining notice shall be liable to the owner
of the property or the person to whom the debt is owed, if other than
the judgment debtor or obligor, for any damages sustained by reason
of the restraint. If a garnishee served with a restraining notice
withholds the payment of money belonging or owed to the judgment
debtor or obligor in an amount equal to twice the amount due on the
judgment, the restraining notice is not effective as to other property
or money.
15 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
PLEASE TAKE FURTHER NOTICE, disobedience of this Restraining Notice and Subpoena
is punishable as a contempt of Court.
Dated: August 24, 2022
E. STEWART JONES HACKER MURPHY LLP
By: ______________________________
John F. Harwick, Esq.
Attorneys for Plaintiff/Judgment Creditor
200 Harborside Drive, Suite 300
Schenectady, NY 12305
Tel. No.: (518) 213-0113
jharwick@joneshacker.com
16 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
Exhibit “A”
Produce the following items in your possession, custody, or control for the past six (6) years
relating to Nicholas Cutro, Jr. and Boardwalk Farm LLC (collectively the “Respondents”):
1. Any correspondence with the Respondents regarding 10140 State Route 149, Fort
Ann, NY (the “Property”);
2. Copies of the fronts and backs of rent checks for the Property for 2021 and 2022.
3. Any written contracts or leases with the Respondents;
17 of 22
FILED::
|E'ILED WASHINGTON
RICHMOND COUNTY
COUNTY CLERKCLERK 09/21/2022
10/20/2014 03:04
09:23 PM INDEX
INDEX NO.
NO. EC2022-34382
150326/2014
ANj
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 1
12 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/22/2022
10/20/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--_____________-_________-__________________ x
GEORGE G. GELLERT, :
: Index No. 150326-2014
Plaintiff :
-against-
: JUDGMENT
NICHOLAS CUTRO, JR. and MARTIN M. :
FILLER,
Defendants.
_________-________ _________________________ x
The Summons and Notice of Motion and Affidavit in Support of Plaintiff's Motion for
Summary Judgment in Lieu of Complaint in the above entitled action having been personally
served upon Defendant Nicholas Cutro on
("Defendant") May 3, 2014, and Defendantshaving
appeared but not having opposed said motion,
NOW, upon the Summons and Notice of Motion and Affidavit in Support of Plaintiff's
Motion for Summary Judgment in Lieu of Complaint with proof of due service thereof, and upon
the Order entered on July 21, 2014 in the offices of the Clerk of Richmond County, upon all the
prior papers and had and
proceeding herein, upon the motion of Levy, Stopol & Camelo, LLP,
..
attorneys for plaintiff GEORGE GELLERT, itis
ADJUDGED, that Plaintiff GEORGE GELLERT, having an address at Two Town .
Road, Hillsdale, New York recover of Defendant NICHOLAS a last known
CUTRO, having
address at 10100 State Route Fort New York
149, Ann, 12827, in the principal sum of
$800,000.00 together with interest thereon at the rate of seven percent (7%) per annum from
May 20, 2008 through the date of of judgment in the amount of
entry $ and the sum of
18 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
1, 159, 768.06 .
$305.00 for costs and disbursements, amounting in all to the total sum of $ and that
Plaintiff GEORGE GELLERT have execution therefore; and itis further
ADJUDGED that Defendant NICHOLAS CUTRO is liable for Plaintiff's costs and
attorneys' attorneys'
expenses of collection including fees and that Plaintiff's claim for fees is
severed and continued for hearing and inquest on the same and that the Clerk of the Court is
directed to enter subsequent judgment in favor of Plaintiff GEORGE GELLERT and against
Defendant NICHOLAS CUTRO for allsuch amount.
2 O th Oc t . 2 0 1 4
JUDGMENT entered the _ day of 4.
LERK
1-427895
FILED AND
DOCKETED
Oct 20 2014
AT 0 9 : 2 1 A M
RICHMOND COUNTY CLERK
19 of 22
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
HON. STEPHEN J. FIALA
COUNTY CLERK, RICH
Preview
FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF WASHINGTON ________________________________________________ GEORGE G. GELLERT, TURNOVER PETITION Petitioner, -against- Index No.: VERTICAL FARMS EQUINE LLC, JEFF VROMAN, KIERSTEN VROMAN, NICHOLAS CUTRO, JR., and BOARDWALK HORSE FARMS, LLC, Respondents. _____________________________________________ STATE OF NEW YORK : :SS.: COUNTY OF SCHENECTADY : JOHN F. HARWICK, hereby affirms as follows: 1. That he is an attorney admitted to practice in this state and affirms the forgoing under the penalties of perjury. 2. On October 20, 2014, a judgment was entered in the Supreme Court, County of Richmond, in favor of George Gellert, petitioner/judgment creditor and against Nicholas Cutro, Jr., respondent/judgment debtor, in the sum of sum of ONE MILLION ONE HUNDRED AND FIFTY-NINE THOUSAND, SEVEN HUNDRED AND SIXTY EIGHT DOLLARS and 06 /100 ($1,159,768.06). A copy of that judgment is annexed hereto and marked “Exhibit A”. 3. Thereafter, said judgment was duly transcribed to Washington County Clerk’s judgment records on or about the 15th Day of November 2015, in favor of plaintiff/judgment creditor GEORGE G. GELLERT, a copy of said transcript is attached hereto as Exhibit “B”. 1 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 4. This special proceeding is being brought pursuant to CPLR § 5225(b) authorizes a special proceeding for a turnover order to enforce a judgment against an asset of a judgment debtor in the “possession or custody” of a third party. 5. Venue is in this county as the subject property is located in this county. 6. At all times hereinafter mentioned, respondent/judgment debtor, Nicholas Cutro, Jr., is the sole member of Boardwalk Horse Farms, LLC. 7. Boardwalk Horse Farms, LLC was and still is a domestic limited liability company with its last known place of business address at 10100 State Route 149, Fort Ann, NY 12827. 8. Justin Heller Esq., represents Nicholas Cutro, Jr., and Boardwalk Horse Farms LLC in a related fraudulent conveyance action in the County of Washington bearing index number EC2022-34043. 9. Boardwalk Horse Farms, LLC owns a property located at 10140 State Route 149, Fort Ann, NY 12827 (the “Property”) 10. Upon information and belief, about twelve (12) years ago, Nicholas Cutro, Jr. and Boardwalk Horse Farms, LLC leased the Property to Vertical Farm Equine LLC which is owned and operated by Jeff and Kiersten Vroman. 11. Vertical Farm Equine, LLC has been duly served with an article 52 subpoena and restraining notice, a copy of which is attached as Exhibit “C”. 12. I have been advised by Jeff Vroman of Vertical Farm Equine LLC that they pay the respondent Nicholas Cutro, Jr. personally, Five Thousand Nine Hundred and Ninety-Eight Dollars and Eighty Cents ($5,998.80) per month for leasing the Property. 13. I was recently contacted by John Aspland Esq. who indicated that he represented Jeff and Kiersten Vroman, owners of Vertical Farm Equine LLC. 2 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 14. It is requested that service upon the respondents’ attorneys be authorized via email and Fed Ex. 15. Petitioner is entitled to a turnover of a sum sufficient to satisfy the judgment Pursuant to CPLR 5225(a). 16. There has been no prior application for the relief sought herein. WHEREFORE. Petitioner respectfully requests that respondents be directed to turnover to petitioner and/or the sheriff of the Washington County, the principal sum of Five Thousand Nine Hundred and Ninety Eight Dollars and Eighty Cents ($5,998.80) per month, together with interest, costs, poundage, fees, and disbursements, together with such other and further relief as to this court may seem just and proper. Dated: September 21, 2022 ______________________________ John F. Harwick Sworn to before me, this 21st day of September 2022 3 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 ATTORNEY VERIFICATION State of New York ) County of Schenectady ) ss.: JOHN F. HARWICK, an attorney at law duly authorized to practice in the courts of this state, affirms: I have read the annexed Petition and know the contents thereof and the same are true to my own knowledge, except those matters stated therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. The reason the verification is made by counsel and not the party is: plaintiff does not reside in Schenectady County, where I maintain my office. The basis of my knowledge and information is: documents and discussions with my client. Date: September 21, 2022 ______________________________ JOHN F. HARWICK 4 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 EXHIBIT “A” 5 of 22 FILED:: |E'ILED WASHINGTON RICHMOND COUNTY COUNTY CLERKCLERK 09/21/2022 10/20/2014 03:04 09:23 PM INDEX INDEX NO. NO. EC2022-34382 150326/2014 ANj NYSCEF NYSCEF DOC. DOC. NO. NO. 1 12 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/22/2022 10/20/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --_____________-_________-__________________ x GEORGE G. GELLERT, : : Index No. 150326-2014 Plaintiff : -against- : JUDGMENT NICHOLAS CUTRO, JR. and MARTIN M. : FILLER, Defendants. _________-________ _________________________ x The Summons and Notice of Motion and Affidavit in Support of Plaintiff's Motion for Summary Judgment in Lieu of Complaint in the above entitled action having been personally served upon Defendant Nicholas Cutro on ("Defendant") May 3, 2014, and Defendantshaving appeared but not having opposed said motion, NOW, upon the Summons and Notice of Motion and Affidavit in Support of Plaintiff's Motion for Summary Judgment in Lieu of Complaint with proof of due service thereof, and upon the Order entered on July 21, 2014 in the offices of the Clerk of Richmond County, upon all the prior papers and had and proceeding herein, upon the motion of Levy, Stopol & Camelo, LLP, .. attorneys for plaintiff GEORGE GELLERT, itis ADJUDGED, that Plaintiff GEORGE GELLERT, having an address at Two Town . Road, Hillsdale, New York recover of Defendant NICHOLAS a last known CUTRO, having address at 10100 State Route Fort New York 149, Ann, 12827, in the principal sum of $800,000.00 together with interest thereon at the rate of seven percent (7%) per annum from May 20, 2008 through the date of of judgment in the amount of entry $ and the sum of 6 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 1, 159, 768.06 . $305.00 for costs and disbursements, amounting in all to the total sum of $ and that Plaintiff GEORGE GELLERT have execution therefore; and itis further ADJUDGED that Defendant NICHOLAS CUTRO is liable for Plaintiff's costs and attorneys' attorneys' expenses of collection including fees and that Plaintiff's claim for fees is severed and continued for hearing and inquest on the same and that the Clerk of the Court is directed to enter subsequent judgment in favor of Plaintiff GEORGE GELLERT and against Defendant NICHOLAS CUTRO for allsuch amount. 2 O th Oc t . 2 0 1 4 JUDGMENT entered the _ day of 4. LERK 1-427895 FILED AND DOCKETED Oct 20 2014 AT 0 9 : 2 1 A M RICHMOND COUNTY CLERK 7 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 EXHIBIT “B” 8 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 D GÓUNTY CLE COUNTY WHEREOF, 0 DA SEAL OFFICIAt NY AFFIXED NAMEMY SET UNTO HERE HAVE I TESTIMONY IN OFFICE. MY IN JUDGMENTS OF DOCKET THE FROM TRANSCRIPT CORRECT RICHMOND, FIALA, J. I, A IS ABOVE THE THAT CERTIFY HEREBY OF COUNTY THEOF CLERK STEPHEN OF RICHMOND COUNTY YORKNEW0F STATE EXTENT WH ______------------------ -- _____---___----_ ---. COST DAMAGES ---------.--- OF JUDGMENT AMOUNT -------------------------------------- -------------------------------- -----------------------------___----------- ---------- 11556 NY UNIONDALE NY HILLSDALE PLAZARXR 1425 ROAD TOWN TWO 12827 NY ANN FORT CAMELO, LEVY, LLP & STOPOL GEORGE A)GELLERT 149 ROUTE STATE 10100 -------------------------------------- -------------------------------------------. ---,._____---___---.-------- ________ ADDRESS AND NAME ADDRESS AND NAME ADDRESSKNOWNLAST PROFES --.____________-__________-, _____-____ ------_____,-__________________-_________--. ---_____---__.-________ __--------. CREDITOR JUDGMENT FOR ATTORNEY CREDITOR JUDGMENT DEBTOR -------__---- »> FEE <<< JUDGMENT OF TRANSCRIPT >» FEE <<< 9 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 CLERK, COUNTY RICHMOND COUNTY WHEREOF, 20 DAY THIS SEAL OFFICIAL MY AFFIXED NAMEMY SET UNTO HERE HAVE I TESTIMONY IN OFFICE. MY IN OF JUDGMENTS THE DOCKET FROM CORRECT TRANSCRIPT RICHMOND, FIALA, J. I, A IS ABOVE THE THAT CERTIFY HEREBY OF THEOF COUNTY CLERK STEPHEN OF RICHMOND COUNTY YORKNEWOF STATE JUDGMENT OF STA ____ >>> FEE <<< JUDGMENT OF TRANSCRIPT >>> FEE <<< 10 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 EXHIBIT “C” 11 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 August 24, 2022 VIA PERSONAL SERVICE & EMAIL TO verticalfarm1@gmail.com VERTICAL FARM EQUINE LLC Jeff Vroman & Kiersten Vroman, Managing Members 10140 State Route 149, Apt. B Fort Ann, NY 12827 Re: George G. Gellert v. Nicholas Cutro, Jr., et al. No.: 150326-2014 Our File No.: 10930.000 Dear Mr & Mrs. Vroman: This firm represents the judgment creditor in the above referenced matter. Enclosed please find a subpoena with a return date of Tuesday, September 20, 2022. If you have an attorney, please have them contact me. Very truly yours, E. STEWART JONES HACKER MURPHY LLP /s/John F. Harwick John F. Harwick jharwick@joneshacker.com Direct Line: (518) 213-0113 JFH/mcb Enclosures Cc: Client & Austin Taylor, Process Server 12 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 TAKE NOTICE THAT FALSE SWEARING OR FAILURE TO COMPLY WITH THIS SUBPOENA IS PUNISHABLE AS CONTEMPT OF COURT GEORGE G. GELLERT ARTICLE 52 DUCES TECUM SUBPOENA WITH RESTRAINING NOTICE Plaintiff, - against – Index No.: 150326-2014 NICHOLAS CUTRO, JR., et al. Defendants. THE PEOPLE OF THE STATE OF NEW YORK TO: VERTICAL FARM EQUINE LLC Attn: Jeff Vroman & Kiersten Vroman, Managing Members 10140 State Route 149, Apt. B Fort Ann, NY 12827 WHEREAS, in an action in the Washington County Supreme Court of the State of New York; Index No. 150326-2014 between GEORGE G. GELLERT, Plaintiff (“Judgment Creditor”), and NICHOLAS CUTRO, JR., Defendant (“Judgment Debtor”), the same being parties to the above action, a judgment was entered on the 20th day of October 2014 a copy of which is attached, thereafter and transcribed to the Washington County Clerk’s judgment records, in favor of plaintiff/judgment creditor GEORGE G. GELLERT, for the sum of ONE MILLION, ONE HUNDRED AND FIFTY-NINE THOUSAND, SEVEN HUNDRED AND SIXTY-EIGHT DOLLARS and 06/100 ($1,159,768.06) as against the Judgment Debtors; WHEREAS, the amount of ONE MILLION, ONE HUNDRED AND FIFTY-NINE THOUSAND, SEVEN HUNDRED AND SIXTY-EIGHT DOLLARS and 06/100 ($1,159,768.06), together with interest from October 20, 2014, remains due and unpaid; 13 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 YOU ARE HEREBY COMANDED to produce on Tuesday, September 20, 2022 at 10:00 a.m. at the offices of E. Stewart Jones Hacker Murphy LLP, 200 Harborside Drive, Suite 300, Schenectady, New York 12305 the following books and papers for examination: SEE LIST ATTACHED HERETO AS EXHIBIT “A” TO BE PRODUCED IN ELECTRONIC FORMAT ON CD, THUMBDRIVE OR FILE SHARE SERVICE TO jharwick@joneshacker.com and ddudley@joneshacker.com. THIS IS A SUPOENA DUCES TECUM FOR DOCUMENT PRODUCTION ONLY. NO PERSONAL APPEARANCE IS REQUIRED AT THIS TIME. RESTRAINING NOTICE PER CPLR 5222 WHEREAS, no previous Restraining Notice has been served upon you pursuant to Civil Practice Law and Rules (“CPLR”) Article 52. WHEREAS, it is believed that you are indebted to the judgment debtor; WHEREAS, it is believed that you are in the possession or custody of certain property in which the judgment debtor has an interest; WHEREAS, you are indebted to the judgment debtor; WHEREAS, you are in the possession or custody of certain property in which the judgment debtor has an interest; PLEASE TAKE NOTICE, that pursuant to subdivision (b) of § 5222 of the CPLR, which is set forth in full herein, you are hereby forbidden to make or suffer any sale, assignment or transfer of or any interference with, any property in which you have an interest, except upon the direction of the sheriff or pursuant to and order form the Court, until the Judgment is satisfied or vacated. PLEASE TAKE FURTHER NOTICE, that this notice also covers all property in which the judgment debtors have an interest hereafter coming into your possession or custody, and all debts hereafter coming due from you to the judgment debtors. 14 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 CIVIL PRACTICE LAW AND RULES Section 5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to make or suffer any sale, assignment, transfer, or interference with any property in which he or she has an interest, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the judgment is satisfied or vacated. A restraining notice served upon a person other than the judgment debtor or obligor is effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possession or custody of property in which he or she knows or has reason to believe the judgment debtor or obligor has an interest, or if the judgment creditor or support collection unit has stated in the notice that a specified debt is owed by the person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in specified property in the possession or custody of the person served. All property in which the judgment debtor or obligor is known or believed to have an interest then in and thereafter coming into the possession or custody of such a person, including any specified in the notice, and all debts of such a person, including any specified in the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of any such debt, to any person other than the sheriff, or support collection unit, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the expiration of one year after the notice is served upon him or her, or until the judgment or order is satisfied or vacated, whichever event first occurs. A judgment creditor or support collection unit which has specified personal property or debt in a restraining notice shall be liable to the owner of the property or the person to whom the debt is owed, if other than the judgment debtor or obligor, for any damages sustained by reason of the restraint. If a garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the judgment, the restraining notice is not effective as to other property or money. 15 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 PLEASE TAKE FURTHER NOTICE, disobedience of this Restraining Notice and Subpoena is punishable as a contempt of Court. Dated: August 24, 2022 E. STEWART JONES HACKER MURPHY LLP By: ______________________________ John F. Harwick, Esq. Attorneys for Plaintiff/Judgment Creditor 200 Harborside Drive, Suite 300 Schenectady, NY 12305 Tel. No.: (518) 213-0113 jharwick@joneshacker.com 16 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 Exhibit “A” Produce the following items in your possession, custody, or control for the past six (6) years relating to Nicholas Cutro, Jr. and Boardwalk Farm LLC (collectively the “Respondents”): 1. Any correspondence with the Respondents regarding 10140 State Route 149, Fort Ann, NY (the “Property”); 2. Copies of the fronts and backs of rent checks for the Property for 2021 and 2022. 3. Any written contracts or leases with the Respondents; 17 of 22 FILED:: |E'ILED WASHINGTON RICHMOND COUNTY COUNTY CLERKCLERK 09/21/2022 10/20/2014 03:04 09:23 PM INDEX INDEX NO. NO. EC2022-34382 150326/2014 ANj NYSCEF NYSCEF DOC. DOC. NO. NO. 1 12 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/22/2022 10/20/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --_____________-_________-__________________ x GEORGE G. GELLERT, : : Index No. 150326-2014 Plaintiff : -against- : JUDGMENT NICHOLAS CUTRO, JR. and MARTIN M. : FILLER, Defendants. _________-________ _________________________ x The Summons and Notice of Motion and Affidavit in Support of Plaintiff's Motion for Summary Judgment in Lieu of Complaint in the above entitled action having been personally served upon Defendant Nicholas Cutro on ("Defendant") May 3, 2014, and Defendantshaving appeared but not having opposed said motion, NOW, upon the Summons and Notice of Motion and Affidavit in Support of Plaintiff's Motion for Summary Judgment in Lieu of Complaint with proof of due service thereof, and upon the Order entered on July 21, 2014 in the offices of the Clerk of Richmond County, upon all the prior papers and had and proceeding herein, upon the motion of Levy, Stopol & Camelo, LLP, .. attorneys for plaintiff GEORGE GELLERT, itis ADJUDGED, that Plaintiff GEORGE GELLERT, having an address at Two Town . Road, Hillsdale, New York recover of Defendant NICHOLAS a last known CUTRO, having address at 10100 State Route Fort New York 149, Ann, 12827, in the principal sum of $800,000.00 together with interest thereon at the rate of seven percent (7%) per annum from May 20, 2008 through the date of of judgment in the amount of entry $ and the sum of 18 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 1, 159, 768.06 . $305.00 for costs and disbursements, amounting in all to the total sum of $ and that Plaintiff GEORGE GELLERT have execution therefore; and itis further ADJUDGED that Defendant NICHOLAS CUTRO is liable for Plaintiff's costs and attorneys' attorneys' expenses of collection including fees and that Plaintiff's claim for fees is severed and continued for hearing and inquest on the same and that the Clerk of the Court is directed to enter subsequent judgment in favor of Plaintiff GEORGE GELLERT and against Defendant NICHOLAS CUTRO for allsuch amount. 2 O th Oc t . 2 0 1 4 JUDGMENT entered the _ day of 4. LERK 1-427895 FILED AND DOCKETED Oct 20 2014 AT 0 9 : 2 1 A M RICHMOND COUNTY CLERK 19 of 22 FILED: WASHINGTON COUNTY CLERK 09/21/2022 03:04 PM INDEX NO. EC2022-34382 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 HON. STEPHEN J. FIALA COUNTY CLERK, RICH