Preview
FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
"B"
Exhibit
FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
4LippesMathias-
Q8 :: 5 AT I AV
August 4, 2022
VIA PERSONAL SERVICE
LeslieNoble
90 Minturn Road
Warwick, NY 10990
RE: Supplemental Subpoena
Index No. EF007534-2018
Our File No. 13662-00001
Dear Ms. Noble:
Enclosed herewith for service upon you please find Plaintiff'spost judgment Supplemental Subpoena for
Production of Records and Subpoena for Testimony at Deposition regarding the above referenced matter.
Please be advised that the Restraining Notices previously served on you, Judgment Debtor, and Noble
Pies,LLC remain in place.Copies of the Restraining Notices are enclosed herewith for your convenience.
If youhave any questions or should need anything further; please do not hesitate to contact thisoffice.
Sincerely,
LIPPES MATHIAS LLP
Joann Sternheimer
JS/rjc
Joann Sternheimer | Partner| jsternheimer@Iippes.com
54 StateStreet,Suite 1001,Albany, NY 12207 Phone: 518.462.0110 Fax: 518.462.5260 lippes.com
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FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
STATE OF NEW YORK SUPREME COURT
COUNTY OF ORANGE
MELODY A. MACKENZIE PLLC,
SUCCESSOR IN NAME CHANGE TO ASSAF
& MACKENZIE PLLC,
Index No: EF007534-2018
Judgment Creditor,
SUBPOENA FOR
-against- TESTIMONY AT DEPOSITION
LESLIE BONDER NOBLE,
Judgment Debtor.
TO: Leslie Noble
90 Minturn Road
Warwick, New York 10990
WHEREAS, pursuant to CPLR §§ 5223 and 5224, disclosure by way of deposition
testimony is sought in connection with a Renewed Judgment entered in favor of Melody A.
Mackenzie, PLLC, successor in name change to Assaf & Mackenzie PLLC ("Judgement
Creditor") on March 11, 2019, against the above named Judgment Debtor, Leslie Bonder Noble
("Judgment Debtor"), in the total amount of $97,386.47, plus interest thereon, in the Supreme
Court, County of Orange, State ofNew York.
WHEREAS, this subpoena is directed to Leslie Noble, Judgment Debtor herein.
NOW THEREFORE, WE COMMAND YOU, pursuant to CPLR §§ 5223 and 5224 to
attend and give testimony upon oral questions before a person authorized to administer an oath at
a deposition to be held at the offices of Diamond Reporting & Legal Video. 12 Scotchtown
Avenue. Goshen. New York 10924 on Thursday. September l. 2022 at 1 1:00 a.m. [or such other
date, time and location as agreed to], and swear that your testimony to be true to the best of your
FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
knowledge, information and belief. Your testimony isrequested because itis material and relevant
to the enforcement of the judgment in this action.
HEREOF FAIL NOT, as false and/or failure to comply with this Subpoena for Testimony
at Deposition is punishable as a contempt of Court and shall make you liable to the person on
whose behalf this Subpoena for Testimony at Deposition was issues for a penalty not to exceed
$50.00 and all damaged sustained by reason of your failure to comply.
2nd
WITNESS this day of August, 2022.
LIPPES MATHIAS, LLP
Jo Sternheimer E q.
Attorneys for Judgment Creditor
54 State Street, Suite 1001
Albany, New York T2207
Tel: (518) 462-0110
Email: istemheimeralippes.com
2
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ORANGE
MELODY A. MACKENZIE PLLC, SUCCESSOR
IN NAME CHANGE TO ASSAF &
MACKENZIE PLLC, Index No: EF007534-2018
Plaintiff,
-against-
LESLIE R. NOBLE,
Defendant.
SUPPLEMENTAL POST JUDGMENT SUBPOENA FOR PRODUCTION OF
RECORDS
TO: Leslie R. Noble
90 Minturn Road
Warwick, New York 10990
Melody Mackenzie, Esq., successor in name change to Assaf & Mackenzie PLLC ("Judgment
Creditor"), by and through her counsel, Lippes Mathias LLP, hereby demands, pursuant to CPLR §
5224(a)(2), that Defendant, Leslie R. Noble ("Judgment Debtor"), produce the documents
following
for copying at Lippes Mathias LLP, 54 State Street, Suite 1001, Albany, NY 12207 within twenty (20)
days of the date hereof. You must produce the requested documents possessed or controlled you
by
or anyone acting or having acted on your behalf including, but not limited to, your attorneys,
accountants, agents, servants, workmen, employees, and other natural persons, businesses and/or
organizations. Alternatively, you may respond by attaching marked copies of the documents hereto,
the attached verification, and transmitting the documents and verification to the
executing
undersigned.
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
Pursuant to CPLR § 5223, disclosure is sought in connection with a Renewed Judgment
entered on March 11, 2019, in favor of Melody A. Mackenzie PLLC, successor in name change to
Assaf & Mackenzie PLLC, in the instant matter in the amount of $97,386.47 plus statutory interest.
The failure of deponent to fullycomply with the instant subpoena ispunishable as a contempt
of court and shallmake youliable to the person on whose behalf the Subpoena was issued for a penalty
not to exceed fifty and 00/100 ($50.00) dollars and alldamage sustained by reason of your failure to
comply.
DEFINITIONS AND INSTRUCTIONS
"yours" Debtor"
1. The term "you", "your", or "Judgment shall mean Leslie R. Bonder.
"Document"
2. The term includes, without limiting the generality of its meaning, all
originals (or copies where originals are unavailable) allhandwritten, mechanically written, typewritten,
electronically written, printed, computer-based or otherwise recorded or graphic matter, however
produced or reproduced, whether or not in existence, of files,contracts, correspondence, telegrams,
agreements, letters, adrninistrative complaints, notes, notes or sound recordings of any type of
directors'
conversation, meeting or conference, minutes of or committee meetings, memorandum,
inter-office comrnunications, rnanuals, employee handbooks, forms, catalogues, brochures, graphs,
charts, studies, analyses, reports, summaries, summaries and results of reviews, investigations and tests
of any manner, statements, jottings,scribblings, announcements, depositions, affidavits, photographs,
tape recordings, video recordings, motion pictures, evaluations, reviews, counselings, commendations,
statisticalrecords, ledgers, books of account, vouchers, bank checks, bank statements, audit reports
and other statements, purchase orders, sales records, invoices, receipts, confirmations, electronic mail
or other computer developed, stored or-produced data, matter used to refresh recollection, recorded
recollection of events, stenographer's notes and/or the notebooks, desk and/or other calendars,
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appointment books, newspaper and/or other articles, blueprints, account work sheets, diaries or
papers similar to any of the foregoing entitled, denominated or described.
3. All documents and things produced pursuant to these requests shall be labeled and
produced on a category-by-category basis as requested herein or as they are kept in the usual course
of business. All copies of documents produced instead of the originals shall be legible and collated in
the manner the original documents are maintained. Documents to be produced include not only
originals of all documents, but also alldrafts and copies of any requested documents, by whatever
means maintained, which bear any marking or other notation or differ in any way from the original.
4. These Requests are continuing and require further and supplemental production
whenever the Judgment Debtor (including, without limitation, the Judgment Debtor's attorneys,
accountants, bookkeepers, advisors agents, other service providers, and any others acting on her
behalf) locate further responsive documents after the initialproduction.
5. Unless otherwise indicated, the time period concerning these requests isfrom January
2019 to the present, provided, however, that any document originating at an carlierdate shall be
identified and included in the response.
6. Documents are to be produced in fullin unexpurgated form. Redacted documents
will not constitute compliance with this demand. If any portion of a document is deemed responsive
to the request, the entire document shall be produced, including any and allattachments thereto.
7. Where a claim of privilege is asserted in objecting to any Request, Judgment Debtor
shall specify the type of privilege applicable and identifywith particularity the docurnent subject to the
privilege, including the type of document, general subject matter of document, date of document and,
where appropriate, the author of the document and any recipients thereto.
8. In the event that any document called for by these requests has been destroyed, lost,
discarded or otherwise disposed of, any such document is to be identified as completely as possible,
3
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including, without limitation, the following information: date of disposal, manner of disposal, reason
for disposal, person authorizing the disposal, and the person disposing of the document.
9. This demand isintended to include alldocuments in the possession, custody or control
of Judgment Debtor or any representative of the Judgment Debtor wherever located.
10. All documents are to be produced as kept in the ordinary course of business.
11. If itisotherwise impossible to produce any document called for by these Requests, or
if any part of a request is objected to,the reasons for the objection and/or other failureto produce
should be stated with specificityas to allgrounds.
12. Questions regarding the interpretation of these Requests for Production of
Documents should be resolved in favor of the broadest possible construction.
Entity"
13. The term "Affiliated shallmean any entity for which Judgment Debtor has an
interest, financial or otherwise, including but not limited to, Warwick Valley Stables & Equestrian
Center, L.L.C.; Noble Pies LLC and other entitiesnot listedherein.
ALL D OCUMENTS TO BE PRODUCED
1. All documents regarding any salary or income, including but not limited to W-2
statements, received by the Judgment Debtor from January, 2019 to the present.
RESPONSE:
2. All payroll documents, including but not limited to, checks of any kind to the Judgment
Debtor as employee, officer, director and/or stockholder of any entity from January, 2019 to the
present.
RESPONSE:
4
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3. All documents regarding distributions received by the Judgment Debtor from any
entity from January, 2019 to the present.
RESPONSE:
4. All documents regarding any stocks, bonds or securities, including but not limited to
Internal Revenue Service ("IRS") 1099 reporting forms, in which the Judgment Debtor has orhad an
interest from January, 2019 to the present.
RESPONSE:
5. All documents regarding investment accounts, brokerage accounts, mutual funds,
retirement accounts, pension accounts, 401k accounts and any other monetary accounts in which
Judgment Debtor has or had an interest from January, 2019 to the present.
RESPONSE:
6. All bank statements, including but not limited to, saving, checking and money market
accounts, forwhich Judgment Debtor has or had an interest from July 10, 2018 to the present.
RESPONSE:
7. All cancelled checks and deposit slipsfor accounts in which Judgment Debtor has or
had an interest from July 10, 2018 to the present.
RESPONSE:
8. All documents regarding Judgment Debtor's ownership or interestin any real property
from J anuary, 2020 to the present.
5
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RESPONSE:
9. All documents regarding appraisals and/or evaluations of real property owned by
Judgment Debtor from January, 2020 to the present.
RESPONSE:
10. All documents instances where Judgment Debtor has acted as a co-
regarding any
maker, guarantor or endorser of any loan since January, 2020.
RESPONSE:
11. All documents regarding any gifts
of real or personal property from Judgment Debtor
to anyone with an individual or collective value exceeding $500.00 since January, 2020.
RESPONSE:
12. All federal and New York State tax returns, including allschedules and attachments
thereto, as filedfor or on behalf of any Affiliatefor the tax years 2018, 2019, 2020, and 2021.
RESPONSE:
13. All documents regarding any payment or other monetary consideration received from
Entity"
any "Affiliated (as defined in Definition 13 above) for which Judgment Debtor has or had an
ownership or any other interest.
RESPONSE:
6
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14. All financialstatements and balance sheets with regard to any Affdiated Entity or other
entity for which the Judgment Debtor has or had an interest for the years 2018, 2019, 2020, and 2021.
Entity"
Judgment Debtor isreminded that "Affiliated is defined in Definition No. 13 above.
RESPONSE:
15. All bank statements, including but not lirnitedto, cancelled checks with regard to any
Affiliated Entity or other entity for which Judgment Debtor has or had an interest for the years 2018,
2019, 2020, and 2021.
RESPONSE:
16. All documents regarding loan applications submitted for or by Judgment Debtor
and/or any affiliatedEntity (as defined on page 4 hereof) within the lasttwo (2)years.
RESPONSE:
17. All personal financial statements prepared for or on behalf of Judgment Debtor for
the years 2019, 2020, 2021 and for any parts of the period beginning on January 1, 2022.
RESPONSE:
18. All federal and New York State tax returns, including allschedules and attachments
thereto, as filed for or on behalf of Judgment Debtor for the tax years 2019, 2020 and 2021 and, if
applicable, any such returns regarding estimated tax payments.
RESPONSE:
7
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
19. All documents regarding any payment or other monetary consideration received from
Entity"
any "Affiliated for which Judgment Debtor has or had an ownership or any other interest
from January 1, 2019 to date.
RESPONSE:
20. All financialstatements and balance sheets with regard to any Affiliated or other
Entity
entity for which the Judgment Debtor has or had an interest for the years 2019, 2020, 2021 and for
any part of 2022.
RESPONSE:
21. All bank statements, but not limited to, cancelled checks with regard to
including any
Affiliated Entity or other entity for which Judgment Debtor has or had an interest for the period of
October 1, 2020 to date.
RESPONSE:
22. All federal and New York State tax returns, including the attachments thereto, as filed
for or on behalf of any Affiliated Entity or other entity for which Judgment Debtor has or had an
interest for the tax years 2019, 2020 and 2021.
RESPONSE:
23. All documents, but not limited to,sales, purchases, deeds, mortgages, notes,
including
timeshares, appraisals and financing, regarding real property in which any Affiliated Entity or other
entity for which Judgment Debtor has or had an interest from January 1, 2019 to the present.
RESPONSE:
8
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
24. To the extent as addressed above, alldocuments regarding your ownership or interest
in any business entity or venture, including, but not lirnited to, corporations, limited liability
comparpes, partnerships, and/or proprietorships.
RESPONSE:
25. All documents regarding any other asset owned by Judgment Debtor which was not
specifically addressed above.
RESPONSE:
DATED: August C_, 2022 _
Jon Sternheimer, Esq.
Lippes Mathias, LLP
as AttorneysforJudgment Caditor, Melody Macken®e, Esq.
successor in
intenst to Assaf & Macken®e PLLC
54 State Street
Albany, NY 12207
Ph.: (518) 462-0110
Fax: (518) 462-5260
E-mail: isternheimer(ddlippes.com
9
FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
MELODY A. MACKENZlE PLLC, SUCCESSOR IN
NAME CHANGE TO ASSAF & MACKENZIE
PLLC,
Index No: EF007534-2018
Plaintiff,
-against-
LESLIE BONDER NOBLE,
Defendants.
RESTRAINING NOTICE TO NOBLE PIES, LLC
TO: Noble Pies, LLC
121 Route 94 S
Warwick, New York 10990
WHEREAS, on August 22, 2008, a Judgment was duly entered in the Orange County
Clerk's Office under Index No. 2005-6990, in favor of Judgment Creditor, Assaf & Mackenzie
PLLC, and against Judgment Debtor, Leslie Bonder Noble, in the amount of $54,484.62,
together with post-judgment interest thereon at the statutory rate from August 22, 2008;
WHEREAS, thereafter on March 11, 2019, a Renewed Judgment was duly entered in the
above action in favor of Judgment Creditor, Melody A. Mackenzie PLLC, successor in name
change to Assaf & Mackenzie PLLC, and against Defendant, Leslie Bonder Noble, in the
amount of $97,386.47', together with post-judgment interest thereon at the statutory rate from
March 1 ],2019; all of which remains due and unpaid;
And there is now due thereon from the Judgment Debtor, Leslie Bonder Noble. the above
described amount and property, (the Judgment);
Augtm 22.2008 judgment amoum et $54384 of Sa 50000
S2 iêss credit mgthei w;th amned inwiest itthe
stanacq :a:cSc,m Auguss 22. 2008through March II 20i9 in the amadm of S47 40 I R5
FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
TAKE NOTICE, that pursuant to N.Y. CPLR §5222(b), which is set forth in fullbelow,
you are hereby forbidden to make or suffer any sale, assignment, transfer or interference with
any property in which the Judgment Debtor, Leslie Bonder Noble, has an interest, except as
provided for therein.
N.Y. CPLR §5222(b)
Effective restraint; prohibition of transfer, duration. A Judgment Debtor served with a
Restraining Notice is forbidden to rnake or suffer any sale, assignment, transfer or interference
with any property in which she has an interest, except for upon direction of the Sheriff or
pursuant to any Order of the Court, served upon a person other than the Judgment Debtor is
effective only if,at the time of service, he/she owes a debt to the Judgment Debtor or he/she isin
possession or custody of property in which he/she knows or has reason to believe the Judgment
Debtor has an interest, or ifthe Judgment Creditor has statedin the notice tlÄata specified debt is
owed by the person served to the Judgment Debtor or that the Judgment Debtor has an interestin
specified property in the possession or custody of the person served. All property in which the
Judgment Debtor is known or believed to have an interest therein, and therefore 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 therefore coming due to the
Judgment Debtor, shall be subject to the notice. Such a person isforbidden to make or suffer any
sale. assignment or transfer of, or any interference with, any such property, or pay or otherwise
dispose of any such debt, to any person other than the Sheriff. except upon direction of the
Sheriff or pursuant to an Order of the Court, untilthe expiration of one (1) year after the notice is
served upon hhn, or until the Judgment is satisfied or vacated whichever event firstoccurs. A
Judgment Creditor who 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
FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
Judgment Debtor, 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 in an amount equal to twice the amount due on the Judgment, the restraining notice is not
effective as to other property or money.
TAKE FURTHER NOTICE, that disobedience of this Restraining Notice ispunishable
as Contempt of Court.
TAKE FURTHER NOTICE, that notice to the judgment debtor in the fonn presented by
CPLR § 5222(e) has been served on judgment debtor on June 23, 2020, which is within one year
from this Restraining Notice to NoMe Pies, L C.
Dated: June 23, 2020 \
'
Albany, New York LIPPES 11 S WEXLER FRIEDMAN, LLP
By:
Jason A. Li t Esq.
54 State St et Suite 1001
' v 'ork
Albany, 12207
Phone: (_ 8 62-0110
Fax: (51 ) 46--5260
Email: _ijde½lippes.gon1
To: Noble Pies, LLC ( | inLertificilRRR a lail& First-Class à laih
121 Route 94 S
Warwick. New York 10990
Cc: Leslie Bonder Noble ( Via CertifiestRRR .\lail& F irM-4 la s AJuil)
Judgment Debtor
90 Minturn Rd.
Warwick, New York 10990
The Ahearne Law Firm, PLLC (I ra ! mail am| First-Clan \ia:i)
Allan J.Ahearne. Jr.
Counsel ,forJHigment Debtor
24 Main Street
Warwick, New York I0990
FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUN FY OF ORANGE
MELODY A. MACKENZIE PLLC, SUCCESSOR IN
NAME CIIANGE TO ASSAF & MACKENZ1E
PLLC,
Index No: EF007534-2018
Plaintiff,
-against-
LESLIE BONDER NOBLE,
Defendants.
RESTRAINING NOTICE TO JUDGMENT DEBTOR
TO: Leslie Bonder Noble
90 Minturn Road
Warwick, New York 10990
WHEREAS, on August 22, 2008, a Judgment was duly entered in the·Orange County
Clerk's Office under Index No. 2005-6990, in favor of Judgment Creditor, Assaf & Mackenzie
PLLC, and against Judgment Debtor, Leslie Bonder Noble, in the amount of $54,484.62,
together with post-judgment interest thereon at the statutory rate from August 22, 2008;
WHEREAS, thereafter on March 11, 2019, a Renewed Judgment was duly entered in the
above action in favor of Judgment Creditor, Melody A. Mackenzie PLLC, successor in name
change to Assaf & Mackenzie PLLC, and against Defendant, Leslie Bonder Noble, in the
amount of S97-386.471. together with post-judgment interest thereon at the statutory rate from
March 11. 2019: allof which remains due and unpaid;
And there is now due thereon from the Judgment Debtor, you. the above described
amount and property. (the Judgment):
August 22_ 2008 Judgrnentamount ofS54A84.62 of
less credit 54.500.00 togetherwith accruedinterest
at the
role
statutory fiom August 22. 2008 through March l. 2019in the amountof347401.85
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
TAKE NOTICE, that pursuant to N.Y. CPLR §5222(b), which is set forth in fullbelow,
you are hereby forbidden to make or suffer any sale, assignment, transfer or interference with
any property in which you have an interest, except as provided for therein.
N.Y. CPLR §5222(b)
Effective restraint; prohibition of transfer, duration. A Judgment Debtor served with a
Restraining Notice is forbidden to make or suffer any sale, assignment, transfer or interference
with any property in which she has an interest, except for upon direction of the Sheriff or
pursuant to any Order of the Court, served upon a person other than the Judgment Debtor is
effective only if,at the time of service, he/she owes a debt to the Judgment Debtor or he/she is in
possession or custody of property in which he/she knows or has reason to believe the Judgment
Debtor has an interest,or ifthe Judgment Creditor has stated in the notice that a specified debt is
owed by the person served to the Judgment Debtor or thatthe Judgment Debtor has an interest in
specified property in the possession or custody of the person served. All property in which the
Judgment Debtor is known or believed to have an interest therein, and therefore 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 duc and therefore coming due to the
Judgment Debtor, shall be subject to the notice. Such a person isforbidden to make or suffer any
sale, assignment or transfer of. or any interference with, any such property, or pay or otherwise
dispose of any such debt. to any person other than the Sheriff, except upon direction of the
Sheriff or pursuant to an Order of the Court, until the expiration of one (1)year afterthe notice is
served upon him. or until the Judgment is satisfied or vacated. whichever event lirstoccurs. A
Judgment Creditor who has specified personal property or debt in a Restraining Notice shall be
liable to the owner of the propeny or the person m whom the debt is owed, if other than the
.ludgment Debtor. for any damages sustained by reason of the restraint. If a garnishee served
FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022
with a restraining notice withholds the payment of money belonging or owed to the Judgment
Debtor in an amount equal to twice the amount due on the Judgment, the restraining notice isnot
effective as to other property or money.
TAKE FURTHER NOTICE, that disobedience of this Restr ining Notice is punishable
as Contempt of Court.
Dated: June 19, 2020
*
Albany, New York LIPPES M 1 WEXLER FRIEDMAN, LLP
By:
Litt'
Jason A. , Esq.
54 State Str , Suite 1001
Albany, N ork 12207
Phone: ( 8) 2-0110
Fax: (51 462-5260
Email: ittle@lippes.com
To: Leslie Bonder Noble (Via Certified RRR Mail & First-Class Mailì
Judgment Debtor
90 Minturn Rd.
Warwick, New York 10990
The Ahearne Law Firm, PLLC ( ViaEmail and First-Class Mail)
Allan J.Ahearne. Jr.
Counsel for Judgment Debtor
24 Main Street
Warwick, New York 10990
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FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 "B" Exhibit FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 4LippesMathias- Q8 :: 5 AT I AV August 4, 2022 VIA PERSONAL SERVICE LeslieNoble 90 Minturn Road Warwick, NY 10990 RE: Supplemental Subpoena Index No. EF007534-2018 Our File No. 13662-00001 Dear Ms. Noble: Enclosed herewith for service upon you please find Plaintiff'spost judgment Supplemental Subpoena for Production of Records and Subpoena for Testimony at Deposition regarding the above referenced matter. Please be advised that the Restraining Notices previously served on you, Judgment Debtor, and Noble Pies,LLC remain in place.Copies of the Restraining Notices are enclosed herewith for your convenience. If youhave any questions or should need anything further; please do not hesitate to contact thisoffice. Sincerely, LIPPES MATHIAS LLP Joann Sternheimer JS/rjc Joann Sternheimer | Partner| jsternheimer@Iippes.com 54 StateStreet,Suite 1001,Albany, NY 12207 Phone: 518.462.0110 Fax: 518.462.5260 lippes.com NPW York rib-ny, Buffalo,Long IsburiNew York D: Pm:hester Floricia: L ckson"Ille lilinois Chic?oo Ontalia:Gresle·T:,icnteAle.a Texas Sali Antonic DC Washington, FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ORANGE MELODY A. MACKENZIE PLLC, SUCCESSOR IN NAME CHANGE TO ASSAF & MACKENZIE PLLC, Index No: EF007534-2018 Judgment Creditor, SUBPOENA FOR -against- TESTIMONY AT DEPOSITION LESLIE BONDER NOBLE, Judgment Debtor. TO: Leslie Noble 90 Minturn Road Warwick, New York 10990 WHEREAS, pursuant to CPLR §§ 5223 and 5224, disclosure by way of deposition testimony is sought in connection with a Renewed Judgment entered in favor of Melody A. Mackenzie, PLLC, successor in name change to Assaf & Mackenzie PLLC ("Judgement Creditor") on March 11, 2019, against the above named Judgment Debtor, Leslie Bonder Noble ("Judgment Debtor"), in the total amount of $97,386.47, plus interest thereon, in the Supreme Court, County of Orange, State ofNew York. WHEREAS, this subpoena is directed to Leslie Noble, Judgment Debtor herein. NOW THEREFORE, WE COMMAND YOU, pursuant to CPLR §§ 5223 and 5224 to attend and give testimony upon oral questions before a person authorized to administer an oath at a deposition to be held at the offices of Diamond Reporting & Legal Video. 12 Scotchtown Avenue. Goshen. New York 10924 on Thursday. September l. 2022 at 1 1:00 a.m. [or such other date, time and location as agreed to], and swear that your testimony to be true to the best of your FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 knowledge, information and belief. Your testimony isrequested because itis material and relevant to the enforcement of the judgment in this action. HEREOF FAIL NOT, as false and/or failure to comply with this Subpoena for Testimony at Deposition is punishable as a contempt of Court and shall make you liable to the person on whose behalf this Subpoena for Testimony at Deposition was issues for a penalty not to exceed $50.00 and all damaged sustained by reason of your failure to comply. 2nd WITNESS this day of August, 2022. LIPPES MATHIAS, LLP Jo Sternheimer E q. Attorneys for Judgment Creditor 54 State Street, Suite 1001 Albany, New York T2207 Tel: (518) 462-0110 Email: istemheimeralippes.com 2 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ORANGE MELODY A. MACKENZIE PLLC, SUCCESSOR IN NAME CHANGE TO ASSAF & MACKENZIE PLLC, Index No: EF007534-2018 Plaintiff, -against- LESLIE R. NOBLE, Defendant. SUPPLEMENTAL POST JUDGMENT SUBPOENA FOR PRODUCTION OF RECORDS TO: Leslie R. Noble 90 Minturn Road Warwick, New York 10990 Melody Mackenzie, Esq., successor in name change to Assaf & Mackenzie PLLC ("Judgment Creditor"), by and through her counsel, Lippes Mathias LLP, hereby demands, pursuant to CPLR § 5224(a)(2), that Defendant, Leslie R. Noble ("Judgment Debtor"), produce the documents following for copying at Lippes Mathias LLP, 54 State Street, Suite 1001, Albany, NY 12207 within twenty (20) days of the date hereof. You must produce the requested documents possessed or controlled you by or anyone acting or having acted on your behalf including, but not limited to, your attorneys, accountants, agents, servants, workmen, employees, and other natural persons, businesses and/or organizations. Alternatively, you may respond by attaching marked copies of the documents hereto, the attached verification, and transmitting the documents and verification to the executing undersigned. FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 Pursuant to CPLR § 5223, disclosure is sought in connection with a Renewed Judgment entered on March 11, 2019, in favor of Melody A. Mackenzie PLLC, successor in name change to Assaf & Mackenzie PLLC, in the instant matter in the amount of $97,386.47 plus statutory interest. The failure of deponent to fullycomply with the instant subpoena ispunishable as a contempt of court and shallmake youliable to the person on whose behalf the Subpoena was issued for a penalty not to exceed fifty and 00/100 ($50.00) dollars and alldamage sustained by reason of your failure to comply. DEFINITIONS AND INSTRUCTIONS "yours" Debtor" 1. The term "you", "your", or "Judgment shall mean Leslie R. Bonder. "Document" 2. The term includes, without limiting the generality of its meaning, all originals (or copies where originals are unavailable) allhandwritten, mechanically written, typewritten, electronically written, printed, computer-based or otherwise recorded or graphic matter, however produced or reproduced, whether or not in existence, of files,contracts, correspondence, telegrams, agreements, letters, adrninistrative complaints, notes, notes or sound recordings of any type of directors' conversation, meeting or conference, minutes of or committee meetings, memorandum, inter-office comrnunications, rnanuals, employee handbooks, forms, catalogues, brochures, graphs, charts, studies, analyses, reports, summaries, summaries and results of reviews, investigations and tests of any manner, statements, jottings,scribblings, announcements, depositions, affidavits, photographs, tape recordings, video recordings, motion pictures, evaluations, reviews, counselings, commendations, statisticalrecords, ledgers, books of account, vouchers, bank checks, bank statements, audit reports and other statements, purchase orders, sales records, invoices, receipts, confirmations, electronic mail or other computer developed, stored or-produced data, matter used to refresh recollection, recorded recollection of events, stenographer's notes and/or the notebooks, desk and/or other calendars, FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 appointment books, newspaper and/or other articles, blueprints, account work sheets, diaries or papers similar to any of the foregoing entitled, denominated or described. 3. All documents and things produced pursuant to these requests shall be labeled and produced on a category-by-category basis as requested herein or as they are kept in the usual course of business. All copies of documents produced instead of the originals shall be legible and collated in the manner the original documents are maintained. Documents to be produced include not only originals of all documents, but also alldrafts and copies of any requested documents, by whatever means maintained, which bear any marking or other notation or differ in any way from the original. 4. These Requests are continuing and require further and supplemental production whenever the Judgment Debtor (including, without limitation, the Judgment Debtor's attorneys, accountants, bookkeepers, advisors agents, other service providers, and any others acting on her behalf) locate further responsive documents after the initialproduction. 5. Unless otherwise indicated, the time period concerning these requests isfrom January 2019 to the present, provided, however, that any document originating at an carlierdate shall be identified and included in the response. 6. Documents are to be produced in fullin unexpurgated form. Redacted documents will not constitute compliance with this demand. If any portion of a document is deemed responsive to the request, the entire document shall be produced, including any and allattachments thereto. 7. Where a claim of privilege is asserted in objecting to any Request, Judgment Debtor shall specify the type of privilege applicable and identifywith particularity the docurnent subject to the privilege, including the type of document, general subject matter of document, date of document and, where appropriate, the author of the document and any recipients thereto. 8. In the event that any document called for by these requests has been destroyed, lost, discarded or otherwise disposed of, any such document is to be identified as completely as possible, 3 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 including, without limitation, the following information: date of disposal, manner of disposal, reason for disposal, person authorizing the disposal, and the person disposing of the document. 9. This demand isintended to include alldocuments in the possession, custody or control of Judgment Debtor or any representative of the Judgment Debtor wherever located. 10. All documents are to be produced as kept in the ordinary course of business. 11. If itisotherwise impossible to produce any document called for by these Requests, or if any part of a request is objected to,the reasons for the objection and/or other failureto produce should be stated with specificityas to allgrounds. 12. Questions regarding the interpretation of these Requests for Production of Documents should be resolved in favor of the broadest possible construction. Entity" 13. The term "Affiliated shallmean any entity for which Judgment Debtor has an interest, financial or otherwise, including but not limited to, Warwick Valley Stables & Equestrian Center, L.L.C.; Noble Pies LLC and other entitiesnot listedherein. ALL D OCUMENTS TO BE PRODUCED 1. All documents regarding any salary or income, including but not limited to W-2 statements, received by the Judgment Debtor from January, 2019 to the present. RESPONSE: 2. All payroll documents, including but not limited to, checks of any kind to the Judgment Debtor as employee, officer, director and/or stockholder of any entity from January, 2019 to the present. RESPONSE: 4 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 3. All documents regarding distributions received by the Judgment Debtor from any entity from January, 2019 to the present. RESPONSE: 4. All documents regarding any stocks, bonds or securities, including but not limited to Internal Revenue Service ("IRS") 1099 reporting forms, in which the Judgment Debtor has orhad an interest from January, 2019 to the present. RESPONSE: 5. All documents regarding investment accounts, brokerage accounts, mutual funds, retirement accounts, pension accounts, 401k accounts and any other monetary accounts in which Judgment Debtor has or had an interest from January, 2019 to the present. RESPONSE: 6. All bank statements, including but not limited to, saving, checking and money market accounts, forwhich Judgment Debtor has or had an interest from July 10, 2018 to the present. RESPONSE: 7. All cancelled checks and deposit slipsfor accounts in which Judgment Debtor has or had an interest from July 10, 2018 to the present. RESPONSE: 8. All documents regarding Judgment Debtor's ownership or interestin any real property from J anuary, 2020 to the present. 5 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 RESPONSE: 9. All documents regarding appraisals and/or evaluations of real property owned by Judgment Debtor from January, 2020 to the present. RESPONSE: 10. All documents instances where Judgment Debtor has acted as a co- regarding any maker, guarantor or endorser of any loan since January, 2020. RESPONSE: 11. All documents regarding any gifts of real or personal property from Judgment Debtor to anyone with an individual or collective value exceeding $500.00 since January, 2020. RESPONSE: 12. All federal and New York State tax returns, including allschedules and attachments thereto, as filedfor or on behalf of any Affiliatefor the tax years 2018, 2019, 2020, and 2021. RESPONSE: 13. All documents regarding any payment or other monetary consideration received from Entity" any "Affiliated (as defined in Definition 13 above) for which Judgment Debtor has or had an ownership or any other interest. RESPONSE: 6 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 14. All financialstatements and balance sheets with regard to any Affdiated Entity or other entity for which the Judgment Debtor has or had an interest for the years 2018, 2019, 2020, and 2021. Entity" Judgment Debtor isreminded that "Affiliated is defined in Definition No. 13 above. RESPONSE: 15. All bank statements, including but not lirnitedto, cancelled checks with regard to any Affiliated Entity or other entity for which Judgment Debtor has or had an interest for the years 2018, 2019, 2020, and 2021. RESPONSE: 16. All documents regarding loan applications submitted for or by Judgment Debtor and/or any affiliatedEntity (as defined on page 4 hereof) within the lasttwo (2)years. RESPONSE: 17. All personal financial statements prepared for or on behalf of Judgment Debtor for the years 2019, 2020, 2021 and for any parts of the period beginning on January 1, 2022. RESPONSE: 18. All federal and New York State tax returns, including allschedules and attachments thereto, as filed for or on behalf of Judgment Debtor for the tax years 2019, 2020 and 2021 and, if applicable, any such returns regarding estimated tax payments. RESPONSE: 7 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 19. All documents regarding any payment or other monetary consideration received from Entity" any "Affiliated for which Judgment Debtor has or had an ownership or any other interest from January 1, 2019 to date. RESPONSE: 20. All financialstatements and balance sheets with regard to any Affiliated or other Entity entity for which the Judgment Debtor has or had an interest for the years 2019, 2020, 2021 and for any part of 2022. RESPONSE: 21. All bank statements, but not limited to, cancelled checks with regard to including any Affiliated Entity or other entity for which Judgment Debtor has or had an interest for the period of October 1, 2020 to date. RESPONSE: 22. All federal and New York State tax returns, including the attachments thereto, as filed for or on behalf of any Affiliated Entity or other entity for which Judgment Debtor has or had an interest for the tax years 2019, 2020 and 2021. RESPONSE: 23. All documents, but not limited to,sales, purchases, deeds, mortgages, notes, including timeshares, appraisals and financing, regarding real property in which any Affiliated Entity or other entity for which Judgment Debtor has or had an interest from January 1, 2019 to the present. RESPONSE: 8 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 24. To the extent as addressed above, alldocuments regarding your ownership or interest in any business entity or venture, including, but not lirnited to, corporations, limited liability comparpes, partnerships, and/or proprietorships. RESPONSE: 25. All documents regarding any other asset owned by Judgment Debtor which was not specifically addressed above. RESPONSE: DATED: August C_, 2022 _ Jon Sternheimer, Esq. Lippes Mathias, LLP as AttorneysforJudgment Caditor, Melody Macken®e, Esq. successor in intenst to Assaf & Macken®e PLLC 54 State Street Albany, NY 12207 Ph.: (518) 462-0110 Fax: (518) 462-5260 E-mail: isternheimer(ddlippes.com 9 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE MELODY A. MACKENZlE PLLC, SUCCESSOR IN NAME CHANGE TO ASSAF & MACKENZIE PLLC, Index No: EF007534-2018 Plaintiff, -against- LESLIE BONDER NOBLE, Defendants. RESTRAINING NOTICE TO NOBLE PIES, LLC TO: Noble Pies, LLC 121 Route 94 S Warwick, New York 10990 WHEREAS, on August 22, 2008, a Judgment was duly entered in the Orange County Clerk's Office under Index No. 2005-6990, in favor of Judgment Creditor, Assaf & Mackenzie PLLC, and against Judgment Debtor, Leslie Bonder Noble, in the amount of $54,484.62, together with post-judgment interest thereon at the statutory rate from August 22, 2008; WHEREAS, thereafter on March 11, 2019, a Renewed Judgment was duly entered in the above action in favor of Judgment Creditor, Melody A. Mackenzie PLLC, successor in name change to Assaf & Mackenzie PLLC, and against Defendant, Leslie Bonder Noble, in the amount of $97,386.47', together with post-judgment interest thereon at the statutory rate from March 1 ],2019; all of which remains due and unpaid; And there is now due thereon from the Judgment Debtor, Leslie Bonder Noble. the above described amount and property, (the Judgment); Augtm 22.2008 judgment amoum et $54384 of Sa 50000 S2 iêss credit mgthei w;th amned inwiest itthe stanacq :a:cSc,m Auguss 22. 2008through March II 20i9 in the amadm of S47 40 I R5 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 TAKE NOTICE, that pursuant to N.Y. CPLR §5222(b), which is set forth in fullbelow, you are hereby forbidden to make or suffer any sale, assignment, transfer or interference with any property in which the Judgment Debtor, Leslie Bonder Noble, has an interest, except as provided for therein. N.Y. CPLR §5222(b) Effective restraint; prohibition of transfer, duration. A Judgment Debtor served with a Restraining Notice is forbidden to rnake or suffer any sale, assignment, transfer or interference with any property in which she has an interest, except for upon direction of the Sheriff or pursuant to any Order of the Court, served upon a person other than the Judgment Debtor is effective only if,at the time of service, he/she owes a debt to the Judgment Debtor or he/she isin possession or custody of property in which he/she knows or has reason to believe the Judgment Debtor has an interest, or ifthe Judgment Creditor has statedin the notice tlÄata specified debt is owed by the person served to the Judgment Debtor or that the Judgment Debtor has an interestin specified property in the possession or custody of the person served. All property in which the Judgment Debtor is known or believed to have an interest therein, and therefore 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 therefore coming due to the Judgment Debtor, shall be subject to the notice. Such a person isforbidden to make or suffer any sale. assignment or transfer of, or any interference with, any such property, or pay or otherwise dispose of any such debt, to any person other than the Sheriff. except upon direction of the Sheriff or pursuant to an Order of the Court, untilthe expiration of one (1) year after the notice is served upon hhn, or until the Judgment is satisfied or vacated whichever event firstoccurs. A Judgment Creditor who 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 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 Judgment Debtor, 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 in an amount equal to twice the amount due on the Judgment, the restraining notice is not effective as to other property or money. TAKE FURTHER NOTICE, that disobedience of this Restraining Notice ispunishable as Contempt of Court. TAKE FURTHER NOTICE, that notice to the judgment debtor in the fonn presented by CPLR § 5222(e) has been served on judgment debtor on June 23, 2020, which is within one year from this Restraining Notice to NoMe Pies, L C. Dated: June 23, 2020 \ ' Albany, New York LIPPES 11 S WEXLER FRIEDMAN, LLP By: Jason A. Li t Esq. 54 State St et Suite 1001 ' v 'ork Albany, 12207 Phone: (_ 8 62-0110 Fax: (51 ) 46--5260 Email: _ijde½lippes.gon1 To: Noble Pies, LLC ( | inLertificilRRR a lail& First-Class à laih 121 Route 94 S Warwick. New York 10990 Cc: Leslie Bonder Noble ( Via CertifiestRRR .\lail& F irM-4 la s AJuil) Judgment Debtor 90 Minturn Rd. Warwick, New York 10990 The Ahearne Law Firm, PLLC (I ra ! mail am| First-Clan \ia:i) Allan J.Ahearne. Jr. Counsel ,forJHigment Debtor 24 Main Street Warwick, New York I0990 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUN FY OF ORANGE MELODY A. MACKENZIE PLLC, SUCCESSOR IN NAME CIIANGE TO ASSAF & MACKENZ1E PLLC, Index No: EF007534-2018 Plaintiff, -against- LESLIE BONDER NOBLE, Defendants. RESTRAINING NOTICE TO JUDGMENT DEBTOR TO: Leslie Bonder Noble 90 Minturn Road Warwick, New York 10990 WHEREAS, on August 22, 2008, a Judgment was duly entered in the·Orange County Clerk's Office under Index No. 2005-6990, in favor of Judgment Creditor, Assaf & Mackenzie PLLC, and against Judgment Debtor, Leslie Bonder Noble, in the amount of $54,484.62, together with post-judgment interest thereon at the statutory rate from August 22, 2008; WHEREAS, thereafter on March 11, 2019, a Renewed Judgment was duly entered in the above action in favor of Judgment Creditor, Melody A. Mackenzie PLLC, successor in name change to Assaf & Mackenzie PLLC, and against Defendant, Leslie Bonder Noble, in the amount of S97-386.471. together with post-judgment interest thereon at the statutory rate from March 11. 2019: allof which remains due and unpaid; And there is now due thereon from the Judgment Debtor, you. the above described amount and property. (the Judgment): August 22_ 2008 Judgrnentamount ofS54A84.62 of less credit 54.500.00 togetherwith accruedinterest at the role statutory fiom August 22. 2008 through March l. 2019in the amountof347401.85 FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 TAKE NOTICE, that pursuant to N.Y. CPLR §5222(b), which is set forth in fullbelow, you are hereby forbidden to make or suffer any sale, assignment, transfer or interference with any property in which you have an interest, except as provided for therein. N.Y. CPLR §5222(b) Effective restraint; prohibition of transfer, duration. A Judgment Debtor served with a Restraining Notice is forbidden to make or suffer any sale, assignment, transfer or interference with any property in which she has an interest, except for upon direction of the Sheriff or pursuant to any Order of the Court, served upon a person other than the Judgment Debtor is effective only if,at the time of service, he/she owes a debt to the Judgment Debtor or he/she is in possession or custody of property in which he/she knows or has reason to believe the Judgment Debtor has an interest,or ifthe Judgment Creditor has stated in the notice that a specified debt is owed by the person served to the Judgment Debtor or thatthe Judgment Debtor has an interest in specified property in the possession or custody of the person served. All property in which the Judgment Debtor is known or believed to have an interest therein, and therefore 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 duc and therefore coming due to the Judgment Debtor, shall be subject to the notice. Such a person isforbidden to make or suffer any sale, assignment or transfer of. or any interference with, any such property, or pay or otherwise dispose of any such debt. to any person other than the Sheriff, except upon direction of the Sheriff or pursuant to an Order of the Court, until the expiration of one (1)year afterthe notice is served upon him. or until the Judgment is satisfied or vacated. whichever event lirstoccurs. A Judgment Creditor who has specified personal property or debt in a Restraining Notice shall be liable to the owner of the propeny or the person m whom the debt is owed, if other than the .ludgment Debtor. for any damages sustained by reason of the restraint. If a garnishee served FILED: ORANGE COUNTY CLERK 12/07/2022 03:48 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 12/07/2022 with a restraining notice withholds the payment of money belonging or owed to the Judgment Debtor in an amount equal to twice the amount due on the Judgment, the restraining notice isnot effective as to other property or money. TAKE FURTHER NOTICE, that disobedience of this Restr ining Notice is punishable as Contempt of Court. Dated: June 19, 2020 * Albany, New York LIPPES M 1 WEXLER FRIEDMAN, LLP By: Litt' Jason A. , Esq. 54 State Str , Suite 1001 Albany, N ork 12207 Phone: ( 8) 2-0110 Fax: (51 462-5260 Email: ittle@lippes.com To: Leslie Bonder Noble (Via Certified RRR Mail & First-Class Mailì Judgment Debtor 90 Minturn Rd. Warwick, New York 10990 The Ahearne Law Firm, PLLC ( ViaEmail and First-Class Mail) Allan J.Ahearne. Jr. Counsel for Judgment Debtor 24 Main Street Warwick, New York 10990