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Supreme Court of the State of New York
County of Nassau
______________________________________________
BEN-ZION ALCALAY
Plaintiff, Index No.: 602826/2022
vs.
ATLAS CYBERSECURITY, LLC,
a New York Limited Liability Company and
BARRY DYNKIN,
Defendants.
_______________________________________________/
NOTICE OF INTENT
PLEASE TAKE NOTICE that pursuant to CPLR §4511(b), Plaintiff, Ben-Zion Alcalay,
requests that this Court take judicial notice of the Order, dated May 13, 2022, from Circuit Court
Judge Scott Kerner, of the 15th Judicial Circuit in and for Palm Beach County, Florida, for Case
No. 502020CA012935 (the “Florida Action”), lifting the automatic stay imposed in the Florida
Action as to Atlas Cybersecurity, LLC, DACS Cybersecurity Holdings, LLC, and Barry Dynkin
and in doing so finding that no special circumstances exist warranting an extension of the
automatic stay extended to bankrupt debtors pursuant to 11 U.S.C. § 362. A copy of the May 13,
2022, Order is annexed to this notice.
Dated: New York, NY
May 16, 2022
Respectfully submitted,
DAVIDOFF LAW FIRM, PLLC
By: ________/JMD/____________________
Jonathan Marc Davidoff, Esq.
Attorneys for Plaintiff
228 East 45th Street
Suite 1700
DAVIDOFF LAW FIRM, PLLC
228 East 45th Street, Suite 1700, New York, New York 10017 ● Telephone (212) 587-5971 ● Fax (212) 658-9852
New York, New York 10017
Tel: (212)587-5971
Fax: (212)658-9852
Email: Jonathan@davidofflawfirm.com
DAVIDOFF LAW FIRM, PLLC
228 East 45th Street, Suite 1700, New York, New York 10017 ● Telephone (212) 587-5971 ● Fax (212) 658-9852
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
_______________________________________________
BEN-ZION ALCALAY
Plaintiff, Case No. 502020CA012935
vs.
ATLAS CYBERSECURITY, LLC,
a New York Limited Liability Company,
DACS CYBERSECURITY HOLDINGS, LLC,
a New York Limited Liability Company,
BARRY DYNKIN, and BENJAMIN DYNKIN,
Defendants.
_______________________________________________/
ORDER
THIS CAUSE came before the Court on May 11, 2022, on Plaintiff Ben-Zion Alcalay’s
motion to vacate the order entered by the Court on February 17, 2022, and the Court having
reviewed and considered the Motion and oral argument by the counsel for the parties:
ORDERED AND ADJUDGED as follows:
1. Plaintiff’s motion to vacate the February 17, 2022, order is GRANTED; and
2. The instant action is stayed as to Defendant Benjamin Dynkin pursuant to the
automatic stay extended to bankrupt debtors under 11 U.S.C. §362; and
3. There is no stay of the instant action as to Defendants Atlas Cybersecurity, LLC,
DACS Cybersecurity Holdings, LLC, and Barry Dynkin as there are no special
circumstances warranting an extension of the automatic stay to said non-
bankruptcy Defendants; and
4. The Amended Order on Plaintiff’s Motion for Final Judgment is hereby vacated;
and
Alcalay v. Atlas Cybersecurity, LLC
Case No. 502020CA012935
Order on Motion to Vacate Order and Lift Stay
5. The Final Default Judgment entered on December 7, 2021, by Circuit Court Judge
Howard J. Coates, Jr., remains in full force and effect as to all the named
Defendants in such order.
DONE AND ORDERED in Chambers at Palm Beach County, Florida.
cc: All counsel of record via electronic mail.
Page 2 of 2
Preview
Supreme Court of the State of New York County of Nassau ______________________________________________ BEN-ZION ALCALAY Plaintiff, Index No.: 602826/2022 vs. ATLAS CYBERSECURITY, LLC, a New York Limited Liability Company and BARRY DYNKIN, Defendants. _______________________________________________/ NOTICE OF INTENT PLEASE TAKE NOTICE that pursuant to CPLR §4511(b), Plaintiff, Ben-Zion Alcalay, requests that this Court take judicial notice of the Order, dated May 13, 2022, from Circuit Court Judge Scott Kerner, of the 15th Judicial Circuit in and for Palm Beach County, Florida, for Case No. 502020CA012935 (the “Florida Action”), lifting the automatic stay imposed in the Florida Action as to Atlas Cybersecurity, LLC, DACS Cybersecurity Holdings, LLC, and Barry Dynkin and in doing so finding that no special circumstances exist warranting an extension of the automatic stay extended to bankrupt debtors pursuant to 11 U.S.C. § 362. A copy of the May 13, 2022, Order is annexed to this notice. Dated: New York, NY May 16, 2022 Respectfully submitted, DAVIDOFF LAW FIRM, PLLC By: ________/JMD/____________________ Jonathan Marc Davidoff, Esq. Attorneys for Plaintiff 228 East 45th Street Suite 1700 DAVIDOFF LAW FIRM, PLLC 228 East 45th Street, Suite 1700, New York, New York 10017 ● Telephone (212) 587-5971 ● Fax (212) 658-9852 New York, New York 10017 Tel: (212)587-5971 Fax: (212)658-9852 Email: Jonathan@davidofflawfirm.com DAVIDOFF LAW FIRM, PLLC 228 East 45th Street, Suite 1700, New York, New York 10017 ● Telephone (212) 587-5971 ● Fax (212) 658-9852 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA _______________________________________________ BEN-ZION ALCALAY Plaintiff, Case No. 502020CA012935 vs. ATLAS CYBERSECURITY, LLC, a New York Limited Liability Company, DACS CYBERSECURITY HOLDINGS, LLC, a New York Limited Liability Company, BARRY DYNKIN, and BENJAMIN DYNKIN, Defendants. _______________________________________________/ ORDER THIS CAUSE came before the Court on May 11, 2022, on Plaintiff Ben-Zion Alcalay’s motion to vacate the order entered by the Court on February 17, 2022, and the Court having reviewed and considered the Motion and oral argument by the counsel for the parties: ORDERED AND ADJUDGED as follows: 1. Plaintiff’s motion to vacate the February 17, 2022, order is GRANTED; and 2. The instant action is stayed as to Defendant Benjamin Dynkin pursuant to the automatic stay extended to bankrupt debtors under 11 U.S.C. §362; and 3. There is no stay of the instant action as to Defendants Atlas Cybersecurity, LLC, DACS Cybersecurity Holdings, LLC, and Barry Dynkin as there are no special circumstances warranting an extension of the automatic stay to said non- bankruptcy Defendants; and 4. The Amended Order on Plaintiff’s Motion for Final Judgment is hereby vacated; and Alcalay v. Atlas Cybersecurity, LLC Case No. 502020CA012935 Order on Motion to Vacate Order and Lift Stay 5. The Final Default Judgment entered on December 7, 2021, by Circuit Court Judge Howard J. Coates, Jr., remains in full force and effect as to all the named Defendants in such order. DONE AND ORDERED in Chambers at Palm Beach County, Florida. cc: All counsel of record via electronic mail. Page 2 of 2