Preview
FILED: WESTCHESTER COUNTY CLERK 01/12/2023 12:40 PM INDEX NO. 61974/2013
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/12/2023
At an IAS Part of the Supreme Court
of the State of New York, held in and
for the County of Westchester, at the
Courthouse located at 111 Dr. Martin
Luther King, Jr. Blvd, White Plains,
NY, on the 12th day of January ,
--3
2022.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PRESENT: HON. LINDA S. JAMlESON, J.S.C.
___-------------------------------X
FARBER, PAPPALARDO & CARBONARI,
Index No.: 61974/2013
Plaintiff,
SECOND AMENDED
-against- ORDER TO SHOW
CAUSE
CRAIG MCDONALD,
Defendant,
--------.---------------------....._______..----Ç
NOTICE: THE PURPOSE OF THE HEARING IS TO PUNISH YOU FOR
CONTEMPT OF COURT. SUCH PUNISHMENT MAY CONSIST OF A FINE,
IMPRISONMENT, OR BOTH, ACCORDING TO LAW.
WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR
IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT.
Upon the reading and filing of the annexed Affirmation of John A. Pappalardo,
Esq., counsel for the Plaintiff, FARBER, PAPPALARDO & CARBONARI, dated
November 4, 2022, the Memorandum of Law dated November 4, 2022 and the exhibits
annexed thereto, the Decision and Order dated May 9, 2014, the Money Judgment dated
August 4, 2014, the Decision and Order dated August 23, 2021, and the Order dated
September 29, 2021, and upon allof the papers and proceedings heretofore had,
LET the Defendant, CRAIG MCDONALD, show cause before this Court, to be held
at the Westchester Supreme Courthouse located at 111 Dr. Martin Luther King Jr.
Boulevard, White Plains, New York 10601, on February 28, 2023 ----------
, 2022, at
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FILED: WESTCHESTER COUNTY CLERK 01/12/2023 12:40 PM INDEX NO. 61974/2013
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/12/2023
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a.m. /p.m., or as soon as the parties to this proceeding may be heard, why an
Order should not be made and entered granting the following relief:
1. PUNISHING THE DEFENDANT FOR CONTEMPT OF COURT, WHICH
PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH,
in accordance with the provisions of Article 19 of the Judiciary Law, for his
willful failure and refusal to comply with the following clear and unambiguous
provisions of the Decision and Order dated May 9, 2014 and the Money
Judgment dated August 4, 2014, for:
a) Failing to remit payment of the amount awarded by the Court for legal
services rendered in the amount of $4,931.13; and
2. PUNISHING THE DEFENDANT FOR CONTEMPT OF COURT, WHICH
PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH,
in accordance with the provisions of Article 19 of the Judiciary Law, for his
willful failure and refusal to comply with the following clear and unambiguous
provisions of the Decision and Order dated August 23, 2021 and the Order
dated September 29, 2021:
a) Failing to serve responses to the June 16, 2021 Information
Subpoena issued by Plaintiff within ten (10) days of service of the
September 29, 2021 Order with Notice of Entry; and
b) Failing to remit payment for the penalty awarded by the Court,
pursuant to CPLR 2308(b), in the amount of $50.00; and
c) Failing to remit payment for the costs awarded by the Court, pursuant
to CPLR 2308(b), in the amount of $50.00; and
3. Pursuant to Judiciary Law § 772, punishing Defendant for his aforementioned
contempt upon the return of this application and issuing an order and warrant
for Defendant's commitment for his failure to comply with the Decision and
Order dated May 9, 2014, his failure to pay the Money Judgment of this Court
dated August 4, 2014, and his failure to comply with the Decision and Order
dated August 23, 2021 and the Order dated September 29, 2021; and
4. An award of counsel fees, costs, and disbursements granted to Plaintiff from
attorney'
the Defendant in the amount of $14.537.47 for additional fees, as
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FILED: WESTCHESTER COUNTY CLERK 01/12/2023 12:40 PM INDEX NO. 61974/2013
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/12/2023
well as costs and fees in connection with this collections matter, including the
preparation for and filing of two motions: (1) Plaintiffs Motion to Compel the
Defendanes compliance with Plaintiffs Information Subpoena, filed on July 6,
2021; and (2) Plaintiffs instant Order to Show Cause and supporting
documents, seeking to hold Defendant in contempt for his repeated, willful
failure to comply with the Orders of this Court, with leave to apply for an
additional award as necessary; and
5. Granting Plaintiff such other and further relief as the court deems just and
proper.
SUFFICIENT REASON APPEARING THEREFORE, itis hereby
ORDERED that the Defendant, CRAIG MCDONALD, shall be committed to the
custody of the Westchester Department of Corrections for a period of days
unless Defendant purges himself of this contempt by fully adhering to:
1. This Court's May 9, 2014 Decision and Order and August 4, 2014 Money
Judgment, including remitting payment to Plaintiff in the amount of FOUR
THOUSAND NINE HUNDRED THIRTY-ONE DOLLARS and THIRTEEN
CENTS ($4,931.13), representing attorney's fees awarded to Plaintiff for its
representation of Defendant throughout his family court action; and
3. This Court's August 23, 2021 Decision and Order and September 29, 2021
Order, including fully responding to the Plaintiffs Information Subpoena,
remitting payment in the amount of FIFTY DOLLARS ($50.00) for a penalty
and in the amount of FIFTY DOLLARS ($50.00) for costs, or a total amount
of ONE HUNDRED DOLLARS ($100,00).
Execution is stayed for twenty (20) days from the date of this Order to enable
Defendant to purge himself of his contempt by paying Plaintiff, by certified check made
attorneys"
payable to "Farber, Pappalardo & Carbonari, as in the total amount of FIVE
THOUSAND THIRTY-ONE DOLLARS AND THIRTEEN CENTS ($5,031.13); and it is
further
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FILED: WESTCHESTER COUNTY CLERK 01/12/2023 12:40 PM INDEX NO. 61974/2013
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/12/2023
ORDERED that Plaintiff, FARBER, PAPPALARDO & CARBONARI, shall be
granted an award of attorney's fees in the amount of FOURTEEN THOUSAND FIVE
HUNDRED THIRTY-SEVEN DOLLARS AND FORTY-SEVEN CENTS ($14,537.47)
representing collection attorney's fees incurred including but not limited to the preparation
for and filing of (1) Plaintiff's Motion to Compel filed on July 6, 2021, and (2) filing the
instant Order to Show Cause and all supporting documents; and itis further;
ORDERED that Defendant shall appear before this Court on
February 28, 2023 at 2 p.m.-----------------------
, 2022, at 9:30 a.m. in order to submit proof that said purge
conditions have been satisfied or an order of commitment and a bench warrant shall be
issued for his arrest; and itis further
ORDERED that service of this Order to Show Cause, together with the papers
upon which it is based, shall be made upon the Defendant CRAIG McDONALD, whose
last-known residence is.155 Ferris Avenue, Apt. 7H, White Plains, New York 10603, by
personal
* and overnight mail to the on or before
service, by same,
February 10, 2023 ,
-------
2022, which shall be deemed good and sufficient service, and
itis further
ORDERED that answering papers, if any, shall be served upon Plaintiff's
attorneys, Farber, Pappalardo & Carbonari, and filed with the Court so as to be received
in hand by both the Court and counsel for Plaintiff on or before to be determined in Court ,
2022, and itis further
ORDERED that the parties and counsel are directed to appear on the return date
of this motion.
Dated: White Plains, New York
January 12, 2023 ,-------
2022
ENTER:
HON. LINDA S. JAMlESON, J.S.C.
*Movant shall use "due diligence" before resorting to service under CPLR Section 308(4).
This shall include checking all databases to ascertain Mr. McDonald's last known address,
including checking with the Postal Service, Department of Motor Vehicles, military records, the
Department of Corrections, the New York Board of Elections and internet searches.
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Preview
FILED: WESTCHESTER COUNTY CLERK 01/12/2023 12:40 PM INDEX NO. 61974/2013 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/12/2023 At an IAS Part of the Supreme Court of the State of New York, held in and for the County of Westchester, at the Courthouse located at 111 Dr. Martin Luther King, Jr. Blvd, White Plains, NY, on the 12th day of January , --3 2022. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PRESENT: HON. LINDA S. JAMlESON, J.S.C. ___-------------------------------X FARBER, PAPPALARDO & CARBONARI, Index No.: 61974/2013 Plaintiff, SECOND AMENDED -against- ORDER TO SHOW CAUSE CRAIG MCDONALD, Defendant, --------.---------------------....._______..----Ç NOTICE: THE PURPOSE OF THE HEARING IS TO PUNISH YOU FOR CONTEMPT OF COURT. SUCH PUNISHMENT MAY CONSIST OF A FINE, IMPRISONMENT, OR BOTH, ACCORDING TO LAW. WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF COURT. Upon the reading and filing of the annexed Affirmation of John A. Pappalardo, Esq., counsel for the Plaintiff, FARBER, PAPPALARDO & CARBONARI, dated November 4, 2022, the Memorandum of Law dated November 4, 2022 and the exhibits annexed thereto, the Decision and Order dated May 9, 2014, the Money Judgment dated August 4, 2014, the Decision and Order dated August 23, 2021, and the Order dated September 29, 2021, and upon allof the papers and proceedings heretofore had, LET the Defendant, CRAIG MCDONALD, show cause before this Court, to be held at the Westchester Supreme Courthouse located at 111 Dr. Martin Luther King Jr. Boulevard, White Plains, New York 10601, on February 28, 2023 ---------- , 2022, at 1 of 4 FILED: WESTCHESTER COUNTY CLERK 01/12/2023 12:40 PM INDEX NO. 61974/2013 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/12/2023 2 ------- a.m. /p.m., or as soon as the parties to this proceeding may be heard, why an Order should not be made and entered granting the following relief: 1. PUNISHING THE DEFENDANT FOR CONTEMPT OF COURT, WHICH PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH, in accordance with the provisions of Article 19 of the Judiciary Law, for his willful failure and refusal to comply with the following clear and unambiguous provisions of the Decision and Order dated May 9, 2014 and the Money Judgment dated August 4, 2014, for: a) Failing to remit payment of the amount awarded by the Court for legal services rendered in the amount of $4,931.13; and 2. PUNISHING THE DEFENDANT FOR CONTEMPT OF COURT, WHICH PUNISHMENT MAY CONSIST OF FINE OR IMPRISONMENT, OR BOTH, in accordance with the provisions of Article 19 of the Judiciary Law, for his willful failure and refusal to comply with the following clear and unambiguous provisions of the Decision and Order dated August 23, 2021 and the Order dated September 29, 2021: a) Failing to serve responses to the June 16, 2021 Information Subpoena issued by Plaintiff within ten (10) days of service of the September 29, 2021 Order with Notice of Entry; and b) Failing to remit payment for the penalty awarded by the Court, pursuant to CPLR 2308(b), in the amount of $50.00; and c) Failing to remit payment for the costs awarded by the Court, pursuant to CPLR 2308(b), in the amount of $50.00; and 3. Pursuant to Judiciary Law § 772, punishing Defendant for his aforementioned contempt upon the return of this application and issuing an order and warrant for Defendant's commitment for his failure to comply with the Decision and Order dated May 9, 2014, his failure to pay the Money Judgment of this Court dated August 4, 2014, and his failure to comply with the Decision and Order dated August 23, 2021 and the Order dated September 29, 2021; and 4. An award of counsel fees, costs, and disbursements granted to Plaintiff from attorney' the Defendant in the amount of $14.537.47 for additional fees, as 2 2 of 4 FILED: WESTCHESTER COUNTY CLERK 01/12/2023 12:40 PM INDEX NO. 61974/2013 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/12/2023 well as costs and fees in connection with this collections matter, including the preparation for and filing of two motions: (1) Plaintiffs Motion to Compel the Defendanes compliance with Plaintiffs Information Subpoena, filed on July 6, 2021; and (2) Plaintiffs instant Order to Show Cause and supporting documents, seeking to hold Defendant in contempt for his repeated, willful failure to comply with the Orders of this Court, with leave to apply for an additional award as necessary; and 5. Granting Plaintiff such other and further relief as the court deems just and proper. SUFFICIENT REASON APPEARING THEREFORE, itis hereby ORDERED that the Defendant, CRAIG MCDONALD, shall be committed to the custody of the Westchester Department of Corrections for a period of days unless Defendant purges himself of this contempt by fully adhering to: 1. This Court's May 9, 2014 Decision and Order and August 4, 2014 Money Judgment, including remitting payment to Plaintiff in the amount of FOUR THOUSAND NINE HUNDRED THIRTY-ONE DOLLARS and THIRTEEN CENTS ($4,931.13), representing attorney's fees awarded to Plaintiff for its representation of Defendant throughout his family court action; and 3. This Court's August 23, 2021 Decision and Order and September 29, 2021 Order, including fully responding to the Plaintiffs Information Subpoena, remitting payment in the amount of FIFTY DOLLARS ($50.00) for a penalty and in the amount of FIFTY DOLLARS ($50.00) for costs, or a total amount of ONE HUNDRED DOLLARS ($100,00). Execution is stayed for twenty (20) days from the date of this Order to enable Defendant to purge himself of his contempt by paying Plaintiff, by certified check made attorneys" payable to "Farber, Pappalardo & Carbonari, as in the total amount of FIVE THOUSAND THIRTY-ONE DOLLARS AND THIRTEEN CENTS ($5,031.13); and it is further 3 3 of 4 FILED: WESTCHESTER COUNTY CLERK 01/12/2023 12:40 PM INDEX NO. 61974/2013 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 01/12/2023 ORDERED that Plaintiff, FARBER, PAPPALARDO & CARBONARI, shall be granted an award of attorney's fees in the amount of FOURTEEN THOUSAND FIVE HUNDRED THIRTY-SEVEN DOLLARS AND FORTY-SEVEN CENTS ($14,537.47) representing collection attorney's fees incurred including but not limited to the preparation for and filing of (1) Plaintiff's Motion to Compel filed on July 6, 2021, and (2) filing the instant Order to Show Cause and all supporting documents; and itis further; ORDERED that Defendant shall appear before this Court on February 28, 2023 at 2 p.m.----------------------- , 2022, at 9:30 a.m. in order to submit proof that said purge conditions have been satisfied or an order of commitment and a bench warrant shall be issued for his arrest; and itis further ORDERED that service of this Order to Show Cause, together with the papers upon which it is based, shall be made upon the Defendant CRAIG McDONALD, whose last-known residence is.155 Ferris Avenue, Apt. 7H, White Plains, New York 10603, by personal * and overnight mail to the on or before service, by same, February 10, 2023 , ------- 2022, which shall be deemed good and sufficient service, and itis further ORDERED that answering papers, if any, shall be served upon Plaintiff's attorneys, Farber, Pappalardo & Carbonari, and filed with the Court so as to be received in hand by both the Court and counsel for Plaintiff on or before to be determined in Court , 2022, and itis further ORDERED that the parties and counsel are directed to appear on the return date of this motion. Dated: White Plains, New York January 12, 2023 ,------- 2022 ENTER: HON. LINDA S. JAMlESON, J.S.C. *Movant shall use "due diligence" before resorting to service under CPLR Section 308(4). This shall include checking all databases to ascertain Mr. McDonald's last known address, including checking with the Postal Service, Department of Motor Vehicles, military records, the Department of Corrections, the New York Board of Elections and internet searches. 4 of 4