Motion-Secondary: Hof I Grantor Trust 5, v. Legacy Inv. & Management Group, Llc, Nelson Hernandez, Nys Department Of Taxation & Finance, Deedee Doe Last Name Refused

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                                At an IAS Part ____ of the Supreme
                                                                         Court of the State of New York held
                                                                         in and for the County of Nassau, at
                                                                         the County Courthouse located at
                                                                         100 Supreme Court Drive,
                                                                         Mineola, New York 11501 on the
                                                                                day of                2023.
P R E S E N T:

         HON. __________________________


SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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HOF I GRANTOR TRUST 5,                                                      Index No.: 613956/2020

                                            Plaintiff,

                          -against-       ORDER TO SHOW CAUSE
                                          SEEKING TO INTERVENE
LEGACY INV. & MANAGEMENT GROUP, LLC, AND FOR A PRELIMINARY
NELSON HERNANDEZ, NYS DEPARTMENT OF INJUNCTION WITH
TAXATION & FINANCE, DEEDEE DOE (last name TEMPORARY RESTRAINING
refused),                                 ORDER

                                             Defendants.
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        NOW, upon the Emergency Good Faith Affirmation of Lawrence S. Han, dated March

10, 2023, the Attorney Affirmation of Lawrence S. Han, dated March 13, 2023, and the exhibits

attached thereto, the Affidavit of Laura Monfilleto, duly sworn to on March 2, 2023, and the

exhibits attached thereto, the accompanying Memorandum of Law, and upon all prior pleadings

and proceedings heretofore had herein:

        LET Plaintiff, HOF I Grantor Trust 5 (“HOF” or “Plaintiff”), and Defendants, Legacy Inv.

& Management Group, LLC (“Legacy”), Nelson Hernandez, NYS Department of Taxation &

Finance and DeeDee Doe (last name refused), and non-parties Referee Janine Lynam, Esq., show

cause at an IAS Part of the Supreme Court of the State of New York, County of Nassau, at the
Courthouse located at 100 Supreme Court Drive, Mineola, New York 11501, or by such remote

or virtual method as the Court shall direct, on the __ day of                        , 2023, at 9:30

a.m., or as soon thereafter as counsel can be heard, why an Order should not be made and entered

granting the motion of non-parties Danny Aguilar and Brenda Aguilar (the “Aguilars”) to intervene

in this action pursuant to CPLR §1012 and/or CPLR §1013, for a temporary restraining order

pursuant to CPLR §6313(a), and for a preliminary injunction pursuant to CPLR §6301:

   (a) barring any further action on the Judgment of Foreclosure and Sale dated March 16, 2022

        (the “Judgment”) issued by this Court pending resolution of this matter so that the interests

        of the Aguilars may be determined on the merits;

   (b) barring any further action on the August 8, 2022 foreclosure sale (the “Foreclosure Sale”)

        of the property located at 572 Clark Place, Uniondale, New York 11553 (the “Property”),

        including the closing of the sale of the Property as a result of a recent public auction,

        pending resolution of this matter so that the interests of the Aguilars may be determined on

        the merits; and

   (c) granting the Aguilars such other and further relief as this Court may deem just, proper

        and/or equitable under the circumstances.

        SUFFICIENT CAUSE APPEARING THEREFORE, it is hereby ORDERED that,

pending the hearing and determination on the Aguilars’ motion for a preliminary injunction,

Plaintiff, Defendants, and Referee Janine Lynam, Esq., as well as their agents, representatives,

and/or anyone acting for and/or in concert with them, are hereby stayed, enjoined and restrained

from:

        (a)    taking any further action on the Judgment issued by this Court;
         (b)    taking any further action on the Foreclosure Sale of the Property, including the

         closing of the sale of the Property as a result of a recent public auction.

         ORDERED that service of a copy of this Order, together with the papers upon which it is

based, upon Plaintiff, Defendants, and non-party Referee Janine Lynam, Esq., by overnight

delivery to their counsel, or to their last known addresses where their counsel is not known, as

follows: HOF I Grantor Trust 5 c/o Deutsch & Schneider LLP, 79-37 Myrtle Avenue, Glendale,

New York 11385; Legacy Inv. & Management Group, LLC, at 433 Uniondale Avenue, Uniondale,

New York 11553; Nelson Hernandez, at 433 Uniondale Avenue, Uniondale, New York 11553;

and Referee Janine Lynam, Esq., 2 Roosevelt Avenue, Suite 200, Syosset, New York 11781; if

made on or before the __ day of __________, 2023, shall be deemed good and sufficient service;

and it is further

         ORDERED that opposition papers, if any, shall be served via NYSCEF and overnight mail

upon counsel for non-parties the Aguilars, Rivkin Radler LLP, c/o Lawrence S. Han, at 926 RXR

Plaza, Uniondale, New York 11556 on or before 5:00 p.m. on the _____ day of __________, 2023;

and it is further

         ORDERED that non-parties the Aguilars shall serve their reply papers, if any, via

NYSCEF at least one (1) day prior to the return date of this motion.



                                                E N T E R:



                                                __________________________
                                                J.S.C.




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