Preview
FILED: NEW YORK COUNTY CLERK 05/19/2020 12:47 PM INDEX NO. 652795/2017
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 05/18/2020
Supreme Court of the State of New York
County of New York
Index No. 652795/2017
SANG CHEOL WOO,
Hon Justice O. Peter Sherwood,
Plaintiff/Judgment Creditor, J.S.C.
Part 49
v.
Motion Sequence #6
CHARLES C. SPACKMAN,
Order to Show Cause for Contempt
Defendant/Judgment Debtor.
WARNING:
YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE
ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT.
Upon reading the affirmation of Darryl Stein dated May 12, 2020 and upon all prior
pleadings and proceedings had herein,
WHEREAS the hearing sought by this order to show cause “is to punish the accused for a
contempt of court, and that such punishment may consist of fine or imprisonment, or both.”
Judiciary Law § 756,
WHEREAS Plaintiff/Judgment Creditor Sang Cheol Woo alleges that he served on
Defendant/Judgment Debtor Charles C. Spackman an information subpoena seeking post-
judgment discovery pursuant to Section 5224 of the Civil Practice Law & Rules,
WHEREAS this Court entered an order pursuant to C.P.L.R. § 2308(b) on February 26,
2020 compelling Defendant/Judgment Debtor Charles C. Spackman to “respond fully, completely,
and truthfully to the information subpoena within 14 days of the date of this Order [i.e., by March
10] by sworn affidavit.” (NYSCEF #145),
WHEREAS Plaintiff alleges that Mr. Spackman was duly served with that order,
1 of 3
FILED: NEW YORK COUNTY CLERK 05/19/2020 12:47 PM INDEX NO. 652795/2017
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 05/18/2020
WHEREAS Plaintiff alleges that Mr. Spackman failed to respond fully, completely, and
truthfully to the information subpoena by March 10, 2020,
WHEREAS Plaintiff alleges that Mr. Spackman, as of May 12, 2020, still had not
responded fully, completely, and truthfully to the information subpoena,
WHEREAS Mr. Woo’s counsel has stated pursuant to C.P.L.R. § 2217 that no prior motion
has been made for this relief,
LET ANY INTERESTED PERSON APPEAR and show cause at Part 49 of this Court, to
be held in Courtroom 252 at the Courthouse at 60 Centre Street, New York, New York 10007, on
the 23d day of June 2020 at 2:00 pm if the courthouse is open to hear “non-essential” matters
or as soon thereafter as the parties may be heard why an order should not be made and entered
pursuant to Judiciary Law §§ 753(a)(3), 756, 761, and 773 and C.P.L.R. §§ 2308(b), 5210, and
5251 for contempt for violation of and disobedience of court order compelling compliance with a
subpoena; and it is further
ORDERED that in light of the COVID-19 Pandemic and as an alternative to an in-
person appearance, the INTERESTED PERSON or his authorized representative may
request to appear by video conference with said request to be made on or before June 8, 2020
by emailing Michael Rivera at mrivera@nycourts.gov to arrange a universally convenient
date and time; and it is further
ORDERED that on or before the 29nd day of May 2020—which shall be no less than
fifteen days, nor more than thirty days, before the appearance date—a conformed copy of the
signed order to show cause shall be e-filed with the site of the New York State Courts Electronic
Filing System (“NYSCEF”) and sent via first-class mail to the Defendant/Judgment Debtor’s last
known postal addresses (917-920 One Island South, 2 Heung Yip Road, Wong Chuck Hang, Hong
2 of 3
FILED: NEW YORK COUNTY CLERK 05/19/2020 12:47 PM INDEX NO. 652795/2017
NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 05/18/2020
Kong SAR and 130 Mount Auburn Street, Apartment 406, Cambridge, MA 02138, United States
of America) and sent via first-class mail and electronic mail to Defendant/Judgment Debtor’s
attorneys of record in Hong Kong SAR (John C H Suen & Co, Unit A, 20th Floor, E168, 166-168
Des Voeux Road, Sheung Wan, Hong Kong SAR, general@jchsc.com.hk), and Singapore
(William Ong, Allen & Gledhill LLP, #28-00 One Marina Boulevard, Singapore, 018989,
william.ong@allenandgledhill.com), in proceedings in those jurisdictions, which shall be deemed
good and sufficient service on the Defendant/Judgment Debtor for all purposes and on all parties
participating in e-filing in this case of both the signed order to show cause and the papers in support
thereof that were previously e-filed; and it is further
ORDERED that any opposing papers shall be served on or before the 1st day of June 2020;
and it is further
Dated:
_May 18, 2020 ENTER:
Hon. O. Peter Sherwood
Justice of Supreme Court
3 of 3
Preview
FILED: NEW YORK COUNTY CLERK 05/19/2020 12:47 PM INDEX NO. 652795/2017 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 05/18/2020 Supreme Court of the State of New York County of New York Index No. 652795/2017 SANG CHEOL WOO, Hon Justice O. Peter Sherwood, Plaintiff/Judgment Creditor, J.S.C. Part 49 v. Motion Sequence #6 CHARLES C. SPACKMAN, Order to Show Cause for Contempt Defendant/Judgment Debtor. WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT. Upon reading the affirmation of Darryl Stein dated May 12, 2020 and upon all prior pleadings and proceedings had herein, WHEREAS the hearing sought by this order to show cause “is to punish the accused for a contempt of court, and that such punishment may consist of fine or imprisonment, or both.” Judiciary Law § 756, WHEREAS Plaintiff/Judgment Creditor Sang Cheol Woo alleges that he served on Defendant/Judgment Debtor Charles C. Spackman an information subpoena seeking post- judgment discovery pursuant to Section 5224 of the Civil Practice Law & Rules, WHEREAS this Court entered an order pursuant to C.P.L.R. § 2308(b) on February 26, 2020 compelling Defendant/Judgment Debtor Charles C. Spackman to “respond fully, completely, and truthfully to the information subpoena within 14 days of the date of this Order [i.e., by March 10] by sworn affidavit.” (NYSCEF #145), WHEREAS Plaintiff alleges that Mr. Spackman was duly served with that order, 1 of 3 FILED: NEW YORK COUNTY CLERK 05/19/2020 12:47 PM INDEX NO. 652795/2017 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 05/18/2020 WHEREAS Plaintiff alleges that Mr. Spackman failed to respond fully, completely, and truthfully to the information subpoena by March 10, 2020, WHEREAS Plaintiff alleges that Mr. Spackman, as of May 12, 2020, still had not responded fully, completely, and truthfully to the information subpoena, WHEREAS Mr. Woo’s counsel has stated pursuant to C.P.L.R. § 2217 that no prior motion has been made for this relief, LET ANY INTERESTED PERSON APPEAR and show cause at Part 49 of this Court, to be held in Courtroom 252 at the Courthouse at 60 Centre Street, New York, New York 10007, on the 23d day of June 2020 at 2:00 pm if the courthouse is open to hear “non-essential” matters or as soon thereafter as the parties may be heard why an order should not be made and entered pursuant to Judiciary Law §§ 753(a)(3), 756, 761, and 773 and C.P.L.R. §§ 2308(b), 5210, and 5251 for contempt for violation of and disobedience of court order compelling compliance with a subpoena; and it is further ORDERED that in light of the COVID-19 Pandemic and as an alternative to an in- person appearance, the INTERESTED PERSON or his authorized representative may request to appear by video conference with said request to be made on or before June 8, 2020 by emailing Michael Rivera at mrivera@nycourts.gov to arrange a universally convenient date and time; and it is further ORDERED that on or before the 29nd day of May 2020—which shall be no less than fifteen days, nor more than thirty days, before the appearance date—a conformed copy of the signed order to show cause shall be e-filed with the site of the New York State Courts Electronic Filing System (“NYSCEF”) and sent via first-class mail to the Defendant/Judgment Debtor’s last known postal addresses (917-920 One Island South, 2 Heung Yip Road, Wong Chuck Hang, Hong 2 of 3 FILED: NEW YORK COUNTY CLERK 05/19/2020 12:47 PM INDEX NO. 652795/2017 NYSCEF DOC. NO. 158 RECEIVED NYSCEF: 05/18/2020 Kong SAR and 130 Mount Auburn Street, Apartment 406, Cambridge, MA 02138, United States of America) and sent via first-class mail and electronic mail to Defendant/Judgment Debtor’s attorneys of record in Hong Kong SAR (John C H Suen & Co, Unit A, 20th Floor, E168, 166-168 Des Voeux Road, Sheung Wan, Hong Kong SAR, general@jchsc.com.hk), and Singapore (William Ong, Allen & Gledhill LLP, #28-00 One Marina Boulevard, Singapore, 018989, william.ong@allenandgledhill.com), in proceedings in those jurisdictions, which shall be deemed good and sufficient service on the Defendant/Judgment Debtor for all purposes and on all parties participating in e-filing in this case of both the signed order to show cause and the papers in support thereof that were previously e-filed; and it is further ORDERED that any opposing papers shall be served on or before the 1st day of June 2020; and it is further Dated: _May 18, 2020 ENTER: Hon. O. Peter Sherwood Justice of Supreme Court 3 of 3