Exhibit,Appendix: Joseph Hertz v. Samuel Hertz Individually, and as the Nominated Executor of the Purported Last Will & Testament of Mira Hertz, dated November 26, 2008, and as Trustee of the Mira Hertz Purported Revocable Trust Agreement, dated November 26, 2008, et al.

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                                FILED:         KINGS       COUNTY         CLERK        04/22/2022             07:48       PM                        INDEX    NO.   526061/2019
   NYSCEF     DOC.   NO.   150                                                                                RECEIVED      NYSCEF:     04/22/2022




                                                     EXHIBIT                               D
                                                                     TO
                                                           NIMETZ
                                            AFFIRMATION
   FILED:         KINGS       COUNTY         CLERK        04/22/2022             07:48       PM                        INDEX    NO.   526061/2019
   NYSCEF     DOC.   NO.   150                                                                                RECEIVED      NYSCEF:     04/22/2022




                            M otion   to D isqualify/M otion      #1-Return    D ate1 July    14, 2021/Fully    Submitted

                                                                       Date Filed    on  NYSCEF          NYSCEF       Nos.
                  Plaintiff’ s Notice   of Motion, Nimetz              March    30, 2021                 NYSCEF       Nos.  27-67
                  Affirmation, Exhibits A-U,        Joseph Hertz
                  Affirmation, Exhibits A-P, Plaintiff’ s
                  Memorandum        of Law in   Support of
                  Motion to Disqualify
                  Notice   of Cross Motion, Eisenmesser’s              July  1, 2021                     NYSCEF       Nos.  96-106
                  Affirmation in Opposition to Motion to
                  Disqualify/Motion #1       and in  Support of
                  Cross-Motion for a      Stay, with Exhibits
                  A-H, Defendant’ s Memorandum            of Law
                  in Opposition to Motion to
                  Disqualify/Motion #1       and in  Support of
                  Cross-Motion for a      Stay
                  Nimetz Reply Affirmation in Further                  July  12, 2021                    NYSCEF       Nos.  112-117
                  Support of Plaintiff’ s Motion to
                  Disqualify/Motion #1       with Exhibits A-C,
                  Plaintiff’ s Reply Memorandum          of Law in
                  Further Support of Motion to
                  Disqualify/Motion #1

                    M otion   to C onsolidate/Transfer        (M otion   #2)-Return    D ate July    14, 2021/Fully    Submitted

                                                                       Date Filed    on  NYSCEF          NYSCEF       Nos.
                  Notice   of Motion,    Gorak Affirmation in          March    31, 2021                 NYSCEF       Nos.  68-73
                  Support of Motion to
                  Consolidate/Transfer, Exhibits A-D
                  Nimetz Affirmation in Opposition to                  July  1, 2021                     NYSCEF       Nos.  88-95
                  Motion to    Consolidate/Transfer, Exhibits
                  A-F, Plaintiff’ s Memorandum         of Law in
                  Opposition to Motion to
                  Consolidate/Transfer




                  1        The parties filed three Stipulations o f Adjournment concerning the Motion to Disqualify/Motion #1 and the
                  Motion to Consolidate/Transfer/Motion #2. The return date o f both motions was July 14, 2021 and both motions are
                  fully  submitted.  The    Stipulations regarding   the  Motion    to  Disqualify/Motion   #1   and   the  Motion   to
                  Consolidate/Transfer/Motion #2 were filed on NYSCEF as follows: NYSCEF No. 75, NYSCEF No. 76, NYSCEF
                  No. 80, NYSCEF No. 81, NYSCEF No. 83 and NYSCEF No. 84.


                  {0 1227794.docx.}
   FILED:         KINGS       COUNTY         CLERK        04/22/2022             07:48       PM                        INDEX    NO.   526061/2019
   NYSCEF     DOC.   NO.   150                                                                                RECEIVED      NYSCEF:     04/22/2022




                    M otion   to C onsolidate/Transfer        (M otion   #2)-Return    D ate July    14, 2021/Fully    Submitted

                                                                       Date filed   on  NYSCEF           NYSCEF       Nos.
                  Reilly  Affirmation in Opposition to                 July  1, 2021                     NYSCEF       Nos.  107-109
                  Motion to    Consolidate/Transfer, Exhibits
                  1 and 2
                  Piccione Reply Affirmation in Further                July  12, 2021                    NYSCEF       Nos.  118-122
                  Support of Motion to
                  Consolidate/Transfer, Exhibits A-C,
                  Defendant’ s Reply Memorandum            of Law
                  in Further Support of Motion to
                  Consolidate/Transfer

                       Cross-M otion      for  a Stay (M otion    #3) -Return    Date A ugust 25, 2021/Fully         Submitted
                                                                       Date Filed    on  NYSCEF          NYSCEF       Nos.
                  Defendant’s Cross-Motion for a Stay          (see    July  1, 2021                     NYSCEF       Nos.  96-106
                  above-filed    on same date as opposition to
                  Motion to Disqualify/Motion #         1)
                  Nimetz Affirmation in Opposition to                  August    18, 2021                NYSCEF       Nos.  124-128
                  Cross-Motion for a      Stay with Exhibits A­
                  C; Plaintiff’ s Memorandum        of Law in
                  Opposition to    Cross-Motion for a      Stay
                  Reilly  Affirmation in Opposition to                 August    18, 2021                NYSCEF       No.  129
                  Cross-Motion for a      Stay
                  Defendant’s Affirmation in further                   August 24,    2021                NYSCEF       Nos.  131-133
                  support of Cross-Motion for a Stay




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