Preview
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
Exhibit B
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
4LippesMathias-
ORN Al L AW
August 4, 2022
VIA PERSONAL SERVICE
Noble Pies, LLC
121 Route 94 S
Warwick, NY 10990
Attention: Leslie Noble, Owner
RE: Supplemental Subpoena
Index No. EF007534-2018
Our FileNo. 13662-00001
Dear Ms. Noble:
Enclosed herewith for service upon you please find Plaintiff'spost judgment Supplemental Subpoena for
Production of Records regarding the above referenced matter. Please be advised that the Restraining
Notice previously served on Noble Pies, LLC remain in place.A copy of the Restraining Notice is enclosed
herewith for your convenience.
If youhave any questions or should need anything further, please do not hesitate to contact this office,
Sincerely,
LIPPES MATHIAS LLP
Joann Sternheimer
JS/rjc
Joann Sternheimer | Partner | jsternheimer@lippes.com
54 State Suite
Street, 1001, Albany,NY 12207 Phone: 518.462.0110 Fax: 518.462.5260 lippes.com
Fiew Yaik·/h I ong
ny. Buffalo, Isl?neFA YoikCityPochemer Florid2 i?ckson ille Chicano
lilinois
Ontatic:Gleare:fo onto/,ica Texas Gan Antonio Washington. D.C
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
NEW YORK STATE SUPREME COURT
COUNTY OF ORANGE
MELODY A. MACKENZIE PLLC, SUCCESSOR
IN NAME CHANGE TO ASSAF &
MACKENZIE PLLC, Index No: EF007534-2018
Plaintiff,
-against-
LESLIE BONDER NOBLE,
Defendant.
SUPPLEMENTAL POST JUDG1WENT SUBPOENAPOR PRODUCTION OF
RECORDS
TO: Noble Pies, LLC
121 Route 94 S
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 non-party, Noble Pies, LLC ("Noble Pies"), produce the following documents for
copying at Lippes Mathias LLP, 54 State Street, Suite 1001, Albany, New York 12207 within twenty
(20) days of the date hereof. You must produce the requested documents possessed or controlled by
you 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,
executing the attached verification, and transmitting the documents and verification to the
undersigned.
1
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
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,
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 shallbe legible and collated in
the manner the original documents are maintained. Documents to be produced include not only
originals of alldocuments, 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
Pies'
whenever the Noble Pies (including, without limitation, Noble 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 is from January
2015 to the present, provided, however, that any document originating at an earlier date shall be
identified and included in the response.
6. Documents are to be produced in full in 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.
3
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
7. Where a claim of privilege is asserted in objecting to any Request, Noble Pies shall
specify the type of privilege applicable and identify with particularity the document 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,
including, without lirnitation,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 is intended to include alldocuments in the possession, custody or control
of Noble Pies or any representative of Noble Pies 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 failure to produce
should be stated with specificity as 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 individual or entity that Noble Pies has an
interest, financial or otherwise, or that has an interestin Noble Pies.
ALL DOCUMENTS TO BE PRODUCED
1. All documents regarding any salary, income, draw, loan payment or distribution paid
by Noble Pies to or to the benefit of Judgment Debtor from January 1, 2019 to the present.
RESPONSE:
4
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
2. To the extent not provided in response to Request No. 1, allpayroll or distribution
documents, including, but not lirnitedto, checks of any kind to the Judgment Debtor as employee,
lender, member, officer, director and/or stockholder of Noble Pies from January 1, 2019 to the
present.
RESPONSE:
3. All documents regarding distributions received by the Judgment Debtor from Noble
Pies from January 1, 2019 to the present.
RESPONSE:
4. All bank statements, including but not lirnited to,saving, checking and money rnarket
accounts, for which Noble Pies has or had an interest from September 30, 2019 to the present.
RESPONSE:
5. All bank statements, including but not limited to, saving, checking and money market
accounts, for which any Affiliated Entity has or had an interest from September 30, 2019 to the
present.
RESPONSE:
6. All documents memorializing any loans from Judgment Debtor to Noble Pies.
RESPONSE:
7. All documents rnemorializing any loans from Noble Pies to Judgment Debtor.
RESPONSE:
5
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
8. All personal financial statements prepared for or on behalf of Judgment Debtor for
the years 2018, 2019, 2020, and 2021.
RESPONSE:
9. All financial statements prepared for or on behalf of Noble Pies from January 1, 2019
to the present.
RESPONSE:
10. All offering statements prepared for on behalf of Noble Pies from January 1, 2015 to
Pies'
the present ("Noble Agreement").
Operating
RESPONSE:
11. All federal and New York State tax returns, including allschedules and attachments
thereto, as filed for or on behalf of Noble Pies LLC for the tax years 2019, 2020, and 2021 including
statements K-1 and, ifapplicable, any such returns regarding estimated tax payments.
RESPONSE:
12. 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 2018, 2019, 2020, and 2021.
RESPONSE:
6
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
13. All documents, including but not limited to, sales,purchases, deeds, mortgages, notes,
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, 2021 to the present.
RESPONSE:
14. All documents regarding Judgment Debtor's interest in Warwick Valley Stables &
Equestrian Center L.L.C. and/or Noble Pies LLC.
RESPONSE:
15. All documents regarding the incorporation or creation of any Affiliated Entity.
RESPONSE:
16. All documents regarding the operating agreement of any Affiliated Entity.
RESPONSE:
17. To the extent as addressed above, alldocuments regarding your ownership or interest
in business entity or venture, including, but not limited to, corporations, limited liability
any
companies, partnerships, and/or proprietorships.
RESPONSE:
18. All documents regarding any other asset owned by Judgment Debtor which was not
specifically addressed above.
DATED: August _ , 2022
Joann Sternheimer, Esq.
Lippes Mathias, LLP
7
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
as AttontcysforJHlgment Creditor,Melody Mackenzie, Esq.
successor in
intenst toAssaf & Mackenzie PLLC
54 State Street
Albany, NY 12207
Ph.: (518) 462-0110
Fax: (518) 462-5260
E-mail: nhein er a) . es.com
8
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
MELODY A. MACKENZIE PLLC, SUCCESSOR IN
NAME CHANGE TO ASSAF & MACKENZIE
PLLC,
Index No: EF007534-2018
PlaintitT,
-against-
LESLIE BONDER NOBLE,
Defendants.
RESTRAINING NOTICE TO NOBLE Pl) 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 $97,386.47¹, together with post-judgment interest thereon at the statutory rate from
March I 1,20 1 9;allof 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);
August 22. 200S Judgmeritamount of$54 484 62 less cr ed;t
of S4 500.00 togetherwithaccrued interest
at the
statutoryratefrom Augusi 22 2008 through March 1 I, 20 I9
in the amountof$47401.85
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022
TAKENOTICE, that pursuant to N.Y. CPLR §5222(b), which is set forth in full below,
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 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 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 stated in the notice that a specified debt is
owed by theperson 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 corning into the
possession or custody of such a person, including any specified in the notice, and alldebts 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 rnake 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 after the notice is
served upon him, or until the Judgment is satisfied or vacated, whichever event first occurs. 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. ifother than the
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018
NYSCEF DOC. NO. 42 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 isnot
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 form presented by
CPLR § 5222(e) has been served on judgment debtor on June 23, 2020, which is within one year
from thisRestraining Notice to Noble Pies, L C.
Dated: June 23, 2020
'
Albany, New York LIPPES 1 ·1 11 \S WEXLER FRIEDMAN, LLP
By:
Jason A. Li t Esq.
54 State St 'ct Suite 1001
it v 'ork 12207
Albany,
Phone: (7 8 62-0110
Fax: (51 ) 461-5260
Ernail: ittle:5lippes.com
To: Noble Pies, LLC ( I in
Certified RRR Atail & F irst-Class Alai/)
121 Route 94 S
Warwick, New York 10990
Ce; Leslie Bonder Noble ( ViaCertif ied RRR Aluil & First-Class Aluil)
Judgment Debtor
90 Minturn Rd.
Warwick, New York 10990
The Aheame Law Firm, PLLC ( ria Email am/ First-t'lass .1/ail)
Allan J. Ahearne, Jr.
Counsei for Judgment Debtor
24 Main Street
Warwick, New York I 0990
Preview
FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 Exhibit B FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 4LippesMathias- ORN Al L AW August 4, 2022 VIA PERSONAL SERVICE Noble Pies, LLC 121 Route 94 S Warwick, NY 10990 Attention: Leslie Noble, Owner RE: Supplemental Subpoena Index No. EF007534-2018 Our FileNo. 13662-00001 Dear Ms. Noble: Enclosed herewith for service upon you please find Plaintiff'spost judgment Supplemental Subpoena for Production of Records regarding the above referenced matter. Please be advised that the Restraining Notice previously served on Noble Pies, LLC remain in place.A copy of the Restraining Notice is enclosed herewith for your convenience. If youhave any questions or should need anything further, please do not hesitate to contact this office, Sincerely, LIPPES MATHIAS LLP Joann Sternheimer JS/rjc Joann Sternheimer | Partner | jsternheimer@lippes.com 54 State Suite Street, 1001, Albany,NY 12207 Phone: 518.462.0110 Fax: 518.462.5260 lippes.com Fiew Yaik·/h I ong ny. Buffalo, Isl?neFA YoikCityPochemer Florid2 i?ckson ille Chicano lilinois Ontatic:Gleare:fo onto/,ica Texas Gan Antonio Washington. D.C FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 NEW YORK STATE SUPREME COURT COUNTY OF ORANGE MELODY A. MACKENZIE PLLC, SUCCESSOR IN NAME CHANGE TO ASSAF & MACKENZIE PLLC, Index No: EF007534-2018 Plaintiff, -against- LESLIE BONDER NOBLE, Defendant. SUPPLEMENTAL POST JUDG1WENT SUBPOENAPOR PRODUCTION OF RECORDS TO: Noble Pies, LLC 121 Route 94 S 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 non-party, Noble Pies, LLC ("Noble Pies"), produce the following documents for copying at Lippes Mathias LLP, 54 State Street, Suite 1001, Albany, New York 12207 within twenty (20) days of the date hereof. You must produce the requested documents possessed or controlled by you 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, executing the attached verification, and transmitting the documents and verification to the undersigned. 1 FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 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, 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 shallbe legible and collated in the manner the original documents are maintained. Documents to be produced include not only originals of alldocuments, 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 Pies' whenever the Noble Pies (including, without limitation, Noble 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 is from January 2015 to the present, provided, however, that any document originating at an earlier date shall be identified and included in the response. 6. Documents are to be produced in full in 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. 3 FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 7. Where a claim of privilege is asserted in objecting to any Request, Noble Pies shall specify the type of privilege applicable and identify with particularity the document 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, including, without lirnitation,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 is intended to include alldocuments in the possession, custody or control of Noble Pies or any representative of Noble Pies 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 failure to produce should be stated with specificity as 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 individual or entity that Noble Pies has an interest, financial or otherwise, or that has an interestin Noble Pies. ALL DOCUMENTS TO BE PRODUCED 1. All documents regarding any salary, income, draw, loan payment or distribution paid by Noble Pies to or to the benefit of Judgment Debtor from January 1, 2019 to the present. RESPONSE: 4 FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 2. To the extent not provided in response to Request No. 1, allpayroll or distribution documents, including, but not lirnitedto, checks of any kind to the Judgment Debtor as employee, lender, member, officer, director and/or stockholder of Noble Pies from January 1, 2019 to the present. RESPONSE: 3. All documents regarding distributions received by the Judgment Debtor from Noble Pies from January 1, 2019 to the present. RESPONSE: 4. All bank statements, including but not lirnited to,saving, checking and money rnarket accounts, for which Noble Pies has or had an interest from September 30, 2019 to the present. RESPONSE: 5. All bank statements, including but not limited to, saving, checking and money market accounts, for which any Affiliated Entity has or had an interest from September 30, 2019 to the present. RESPONSE: 6. All documents memorializing any loans from Judgment Debtor to Noble Pies. RESPONSE: 7. All documents rnemorializing any loans from Noble Pies to Judgment Debtor. RESPONSE: 5 FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 8. All personal financial statements prepared for or on behalf of Judgment Debtor for the years 2018, 2019, 2020, and 2021. RESPONSE: 9. All financial statements prepared for or on behalf of Noble Pies from January 1, 2019 to the present. RESPONSE: 10. All offering statements prepared for on behalf of Noble Pies from January 1, 2015 to Pies' the present ("Noble Agreement"). Operating RESPONSE: 11. All federal and New York State tax returns, including allschedules and attachments thereto, as filed for or on behalf of Noble Pies LLC for the tax years 2019, 2020, and 2021 including statements K-1 and, ifapplicable, any such returns regarding estimated tax payments. RESPONSE: 12. 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 2018, 2019, 2020, and 2021. RESPONSE: 6 FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 13. All documents, including but not limited to, sales,purchases, deeds, mortgages, notes, 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, 2021 to the present. RESPONSE: 14. All documents regarding Judgment Debtor's interest in Warwick Valley Stables & Equestrian Center L.L.C. and/or Noble Pies LLC. RESPONSE: 15. All documents regarding the incorporation or creation of any Affiliated Entity. RESPONSE: 16. All documents regarding the operating agreement of any Affiliated Entity. RESPONSE: 17. To the extent as addressed above, alldocuments regarding your ownership or interest in business entity or venture, including, but not limited to, corporations, limited liability any companies, partnerships, and/or proprietorships. RESPONSE: 18. All documents regarding any other asset owned by Judgment Debtor which was not specifically addressed above. DATED: August _ , 2022 Joann Sternheimer, Esq. Lippes Mathias, LLP 7 FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 as AttontcysforJHlgment Creditor,Melody Mackenzie, Esq. successor in intenst toAssaf & Mackenzie PLLC 54 State Street Albany, NY 12207 Ph.: (518) 462-0110 Fax: (518) 462-5260 E-mail: nhein er a) . es.com 8 FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE MELODY A. MACKENZIE PLLC, SUCCESSOR IN NAME CHANGE TO ASSAF & MACKENZIE PLLC, Index No: EF007534-2018 PlaintitT, -against- LESLIE BONDER NOBLE, Defendants. RESTRAINING NOTICE TO NOBLE Pl) 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 $97,386.47¹, together with post-judgment interest thereon at the statutory rate from March I 1,20 1 9;allof 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); August 22. 200S Judgmeritamount of$54 484 62 less cr ed;t of S4 500.00 togetherwithaccrued interest at the statutoryratefrom Augusi 22 2008 through March 1 I, 20 I9 in the amountof$47401.85 FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/07/2022 TAKENOTICE, that pursuant to N.Y. CPLR §5222(b), which is set forth in full below, 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 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 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 stated in the notice that a specified debt is owed by theperson 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 corning into the possession or custody of such a person, including any specified in the notice, and alldebts 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 rnake 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 after the notice is served upon him, or until the Judgment is satisfied or vacated, whichever event first occurs. 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. ifother than the FILED: ORANGE COUNTY CLERK 12/07/2022 03:55 PM INDEX NO. EF007534-2018 NYSCEF DOC. NO. 42 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 isnot 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 form presented by CPLR § 5222(e) has been served on judgment debtor on June 23, 2020, which is within one year from thisRestraining Notice to Noble Pies, L C. Dated: June 23, 2020 ' Albany, New York LIPPES 1 ·1 11 \S WEXLER FRIEDMAN, LLP By: Jason A. Li t Esq. 54 State St 'ct Suite 1001 it v 'ork 12207 Albany, Phone: (7 8 62-0110 Fax: (51 ) 461-5260 Ernail: ittle:5lippes.com To: Noble Pies, LLC ( I in Certified RRR Atail & F irst-Class Alai/) 121 Route 94 S Warwick, New York 10990 Ce; Leslie Bonder Noble ( ViaCertif ied RRR Aluil & First-Class Aluil) Judgment Debtor 90 Minturn Rd. Warwick, New York 10990 The Aheame Law Firm, PLLC ( ria Email am/ First-t'lass .1/ail) Allan J. Ahearne, Jr. Counsei for Judgment Debtor 24 Main Street Warwick, New York I 0990