Motion-Secondary: xxxxxx xxxxxx aka xxxxxxxxxx xxxxxx, individually and derivatively on behalf of ROCKVILLE CORP. v. xxxxxxx xxxxx individually and as the executor of the Estate of xxxx xxxxx, and as co-trustee of the disclaimer Trust under Article "Fourth" of the Last Will and Testament of xxxx xxxxx, Makan Delrahim as former co-trustee of the disclaimer Trust under Article "Fourth" of the Last Will and Testament of xxxx xxxxx, Baharak Amirian as co-trustee of the disclaimer Trust under the Last Will and Testament of xxxx xxxxx, Rockville Corp. as Nominal Defendant

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                                At IAS Part 8, of the Supreme Court
                                                            of the State of New York, held in and
                                                            for the County of Nassau, at the
                                                            Courthouse located at 100 Supreme
                                                            Court Drive, Mineola, New York
                                                            11501, on the _____ day of ____,
                                                            2023.

PRESENT: Hon. Sharon M.J. Gianelli, J.S.C.

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU

  xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx,
  individually and derivatively on behalf of              Index No. 607197/2022
  ROCKVILLE CORP.,

                                 Plaintiff,               Motion Seq. No. 006

                        -against-                         Hon. Sharon M.J. Gianelli

  xxxxxxx xxxxx, individually and as the executor         Oral Argument Requested
  of the Estate of xxxx xxxxx, and as co-trustee of the
  disclaimer Trust under Article “Fourth” of the Last     ORDER TO SHOW CAUSE
  Will and Testament of xxxx xxxxx; MAKAN
  DELRAHIM, as former co-trustee of the disclaimer
  Trust under Article “Fourth” of the Last Will and
  Testament of xxxx xxxxx; and BAHARAK
  AMIRIAN as co-trustee of the disclaimer Trust under
  the Last Will and Testament of xxxx xxxxx,

                                 Defendants,

                         -and-

  ROCKVILLE CORP.,

                                 Nominal Defendant.


  xxxxxxx xxxxx and ROCKVILLE CORP.,

                       Counterclaim-Plaintiffs,

                       -against-
  xxxxxx xxxxxx and 172 BARGAIN LIQUORS,
  INC.

                        Counterclaim-Defendants.


       UPON THE READING AND FILING of the Affirmation of David E. Ross, Esq., dated

April 27, 2023, the Memorandum of Law in Support of Order to Show Cause to Vacate the

Preliminary Injunction for Failure to Post the Required Undertaking, and the pleadings and

proceedings herein; and good cause having been shown:

       IT IS HEREBY ORDERED that Plaintiff shall show cause before this Court at IAS Part

8, at the Courthouse located at 100 Supreme Court Drive, Mineola, New York 11501 on the _____

day of ____, 2023 at ____ a.m./p.m., or as soon thereafter as counsel may be heard, why the

preliminary injunction previously entered by this Court on September 27, 2022 (Dkt. 59), as

modified on April 5, 2023 (Dkt. 111) should not be vacated pursuant to CPLR 6314; and

       IT IS FURTHER ORDERED that a copy of this Order to Show Cause, together with all

the papers upon which it is based, shall be filed and served electronically on NYSCEF on or before

the ____ day of ____, 2023, which shall be deemed good and sufficient service thereof; and

       IT IS FURTHER ORDERED that answering papers, if any, of Plaintiff shall be filed and

served electronically on NYSCEF on or before the ____ day of ____, 2023, which shall be deemed

good and sufficient service thereof; and

       IT IS FURTHER ORDERED that reply papers, if any, of Defendants shall be filed and

served electronically on NYSCEF on or before the ____ day of ____, 2023, which shall be deemed

good and sufficient service thereof.




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Dated: ____, 2023



                    ENTERED:


                    _____________________________________
                          Hon. Sharon M.J. Gianelli, J.S.C.




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