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FILED: NASSAU COUNTY CLERK 05/04/2023 03:24 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/04/2023
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.,
Hon. Sharon M.J. Gianelli
Plaintiff,
-against- NOTICE OF APPEAL
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; 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.
PLEASE TAKE NOTICE that plaintiffs xxxxxx xxxxxx a/k/a xxxxxxxxxx
xxxxxx individually and derivatively on behalf of ROCKVILLE CORP. hereby appeals to the
Appellate Division of the Supreme Court of the State of New York, Second Judicial Department,
from those portions of the Amended Decision and Order of the Honorable Sharon M.J. Gianelli,
J.S.C. dated April 4, 2023, and entered in the Clerk of the Court on April 5, 2023, which ordered
Plaintiff to post an undertaking in the amount of $2,500,000 from a surety, which shall be an
insurance company pursuant to CPLR §2505, within (20) days thereof and required that the
undertaking with a corresponding affidavit shall be served and filed pursuant to CPLR §2505.
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A copy of the Order, with notice of entry is attached as Exhibit A. An informational
statement is attached as Exhibit B.
Dated: Uniondale, New York
May 5, 2023
RUSKIN MOSCOU FALITSCHEK, P.C.
By: /s/ Daniel E. Shapiro
Daniel E. Shapiro
Elizabeth S. Sy
Attorneys for Plaintiff xxxxxx xxxxxx
1425 RXR Plaza
East Tower, 15th Floor
Uniondale, New York 11556
(516) 663-6600
To: All counsel (via NYSCEF)
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EXHIBIT A
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120 RECEIVED NYSCEF:
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05/04/2023
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. Nos. 001 & 002
-against-
Hon. Sharon M.J. Gianelli
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 NOTICE OF ENTRY
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.
PLEASE TAKE NOTICE, that annexed hereto is a true and correct copy of the amended
decision and order of the Hon. Sharon M.J. Gianelli, J.S.C., dated April 4, 2023 and entered with
the County Clerk, Nassau County on April 5, 2023.
Dated: New York, New York
April 6, 2023
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KASOWITZ BENSON TORRES LLP
By: /s/ David E. Ross
David E. Ross
(dross@kasowitz.com)
Michael C. Pecorini
(mpecorini@kasowitz.com)
1633 Broadway
New York, New York 10019
212-506-1700
Counsel for Defendants
TO:
RUSKIN MOSCOU FALTISCHEK, P.C.
Daniel E. Shapiro (via NYSCEF)
Elizabeth S. Sy (via NYSCEF)
East Tower, 15th Floor
Uniondale, New York 11556
516-663-6600
Counsel for Plaintiff
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EXHIBIT B
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Supreme Court of the State of New York
Appellate Division: Second Judicial Department
Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil
Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance
show cause by which the matter was or is to be commenced, or as amended.
xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx,
individually and derivatively on behalf of
ROCKVILLE CORP
Date Notice of Appeal Filed
- against -
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 For Appellate Division
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
Case Type Filing Type
܆
✔ Civil Action ܆CPLR article 78 Proceeding ܆
✔ Appeal ܆Transferred Proceeding
܆CPLR article 75 Arbitration ܆Special Proceeding Other ܆Original Proceedings ܆CPLR Article 78
܆Habeas Corpus Proceeding ܆CPLR Article 78 ܆Executive Law § 298
܆Eminent Domain ܆ CPLR 5704 Review
܆Labor Law 220 or 220-b
܆Public Officers Law § 36
܆Real Property Tax Law § 1278
Nature of Suit: Check up to WKUHH of the following categories which best reflect the nature of the case.
܆Administrative Review ܆Business Relationships ܆Commercial ܆
✔ Contracts
܆Declaratory Judgment ܆Domestic Relations ܆Election Law ܆Estate Matters
܆Family Court ܆Mortgage Foreclosure ܆Miscellaneous ܆Prisoner Discipline & Parole
܆Real Property ܆Statutory ܆Taxation ܆Torts
(other than foreclosure)
Informational Statement - Civil
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Appeal
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
܆Amended Decree ܆Determination ܆✔ Order ܆Resettled Order
܆Amended Judgement ܆Finding ܆Order & Judgment ܆Ruling
܆Amended Order ܆Interlocutory Decree ܆Partial Decree ܆Other (specify):
܆Decision ܆Interlocutory Judgment ܆Resettled Decree
܆Decree ܆Judgment ܆Resettled Judgment
Court: Supreme Court County: Nassau
Dated: 05/04/2023 Entered: April 5, 2023
Judge (name in full):Sharon M.J. Gianelli Index No.:607197/2022
Stage: ܆Interlocutory ܆Final ܆Post-Final Trial: ܆Yes ܆ ✔ No If Yes: ܆Jury ܆Non-Jury
Prior Unperfected Appeal ĂŶĚZĞůĂƚĞĚĂƐĞInformation
Are any appeals arising in the same action or proceeding currently pending in the court? տ Yes տ No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Original Proceeding
Commenced by: ܆Order to Show Cause ܆Notice of Petition ܆Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Proceeding Transferred Pursuant to CPLR 7804(g)
Court: Choose Court County: Choose County
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: Choose Court County: Choose County
Judge (name in full): Dated:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
Appeal from that portion of the Order which ordered Plaintiff-Appellant to post an undertaking in the
amount of $2,500,000 from a surety, which shall be an insurance company pursuant to CPLR §2505,
within (20) days thereof and required that the undertaking with a corresponding affidavit be served and
filed pursuant to CPLR §2505.
Informational Statement - Civil
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Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review͕ƚŚĞŐƌŽƵŶĚƐ
ĨŽƌƌĞǀĞƌƐĂů͕ŽƌŵŽĚŝĨŝĐĂƚŝŽŶƚŽďĞĂĚǀĂŶĐĞĚĂŶĚƚŚĞƐƉĞĐŝĨŝĐƌĞůŝĞĨƐŽƵŐŚƚŽŶĂƉƉĞĂů͘
1. Did the Supreme Court err by requiring Plaintiff-Appellant to post a bond in the amount of $2,500,00.00
pursuant to CPLR 6312(b), 6 months after it had granted Plaintiff-Appellants application for a preliminary
injunction without requiring Plaintiff-Apellant to post a bond? Yes.
2. Did the Supreme Court err by fixing the amount of the undertaking imposed on Plaintiff-Appellant to
$2,500,000.00 where Defendants-Respondents did not and cannot articulate how they may sustain
damages and losses in that amount by reason of the injunction? Yes.
Party Information
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1 xxxxxx xxxxxx Plaintiff Appellant
2 xxxxxxx xxxxx Defendant Respondent
3 Makan Delrahim Defendant Respondent
4 Baharak Amirian Defendant Respondent
5 Rockville Corp. Defendant Respondent
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Informational Statement - Civil
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Attorney Information
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name: David Ross, Esq. Kasowitz Benson Torres LLP
Address:1633 Broadway
City: New York State: NY Zip:10019 Telephone No: 212-506-1700
E-mail Address:dross@kasowitz.com
Attorney Type: ܆
✔ Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice
Party or Parties RepresenteĚ(set forth party number(s) from table aboveͿ: 2-5
Attorney/Firm Name: Daniel Shapiro, Esq. Ruskin Moscou Faltischek, P.C.
Address:1425 RXR Plaza, 15 Floor
City: Uniondale State: NY Zip:11556 Telephone No: 516-663-6600
E-mail Address: dshapiro@rmfpc.com
Attorney Type: ܆
✔ Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ: 1
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: ܆Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ:
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: ܆Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ:
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: ܆Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ:
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: ܆Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table aboveͿ:
Informational Statement - Civil
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FILED: NASSAU COUNTY CLERK 05/04/2023 03:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/04/2023 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., Hon. Sharon M.J. Gianelli Plaintiff, -against- NOTICE OF APPEAL 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; 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. PLEASE TAKE NOTICE that plaintiffs xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx individually and derivatively on behalf of ROCKVILLE CORP. hereby appeals to the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department, from those portions of the Amended Decision and Order of the Honorable Sharon M.J. Gianelli, J.S.C. dated April 4, 2023, and entered in the Clerk of the Court on April 5, 2023, which ordered Plaintiff to post an undertaking in the amount of $2,500,000 from a surety, which shall be an insurance company pursuant to CPLR §2505, within (20) days thereof and required that the undertaking with a corresponding affidavit shall be served and filed pursuant to CPLR §2505. 1 of 20 FILED: NASSAU COUNTY CLERK 05/04/2023 03:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/04/2023 A copy of the Order, with notice of entry is attached as Exhibit A. An informational statement is attached as Exhibit B. Dated: Uniondale, New York May 5, 2023 RUSKIN MOSCOU FALITSCHEK, P.C. By: /s/ Daniel E. Shapiro Daniel E. Shapiro Elizabeth S. Sy Attorneys for Plaintiff xxxxxx xxxxxx 1425 RXR Plaza East Tower, 15th Floor Uniondale, New York 11556 (516) 663-6600 To: All counsel (via NYSCEF) 2 of 20 FILED: NASSAU COUNTY CLERK 05/04/2023 03:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/04/2023 EXHIBIT A 3 of 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/06/2023 03:24 02:06 PM PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF NYSCEF DOC. DOC. NO. NO. 113 120 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/06/2023 05/04/2023 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. Nos. 001 & 002 -against- Hon. Sharon M.J. Gianelli 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 NOTICE OF ENTRY 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. PLEASE TAKE NOTICE, that annexed hereto is a true and correct copy of the amended decision and order of the Hon. Sharon M.J. Gianelli, J.S.C., dated April 4, 2023 and entered with the County Clerk, Nassau County on April 5, 2023. Dated: New York, New York April 6, 2023 1 4 of of 12 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/06/2023 03:24 02:06 PM PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF NYSCEF DOC. DOC. NO. NO. 113 120 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/06/2023 05/04/2023 KASOWITZ BENSON TORRES LLP By: /s/ David E. Ross David E. Ross (dross@kasowitz.com) Michael C. Pecorini (mpecorini@kasowitz.com) 1633 Broadway New York, New York 10019 212-506-1700 Counsel for Defendants TO: RUSKIN MOSCOU FALTISCHEK, P.C. Daniel E. Shapiro (via NYSCEF) Elizabeth S. Sy (via NYSCEF) East Tower, 15th Floor Uniondale, New York 11556 516-663-6600 Counsel for Plaintiff 2 2 5 of of 12 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/05/2023 03:24 04/06/2023 04:07 PM 02:06 PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/06/2023 04/05/2023 05/04/2023 1 of 3 6 of 12 10 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/05/2023 03:24 04/06/2023 04:07 PM 02:06 PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/06/2023 04/05/2023 05/04/2023 2 of 4 7 of 12 10 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/05/2023 03:24 04/06/2023 04:07 PM 02:06 PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/06/2023 04/05/2023 05/04/2023 3 of 5 8 of 12 10 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 04/06/2023 04/05/2023 05/04/2023 02:06 04:07 03:24 PM PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/06/2023 04/05/2023 05/04/2023 4 of 6 9 of 12 10 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/05/2023 03:24 04/06/2023 04:07 PM 02:06 PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/06/2023 04/05/2023 05/04/2023 5 of 7 10 of 12 10 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/05/2023 03:24 04/06/2023 04:07 PM 02:06 PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/06/2023 04/05/2023 05/04/2023 6 of 8 11 of 12 10 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/05/2023 03:24 04/06/2023 04:07 PM 02:06 PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/06/2023 04/05/2023 05/04/2023 7 of 9 12 of 12 10 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/05/2023 03:24 04/06/2023 04:07 PM 02:06 PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/06/2023 04/05/2023 05/04/2023 10 8 of 13 of 10 of 12 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/05/2023 03:24 04/06/2023 04:07 PM 02:06 PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/06/2023 04/05/2023 05/04/2023 11 9 of 14 of 10 of 12 20 FILED: NASSAU FILED: NASSAU COUNTY COUNTY CLERK CLERK 05/04/2023 04/05/2023 03:24 04/06/2023 04:07 PM 02:06 PM INDEX INDEX NO. NO. 607197/2022 607197/2022 NYSCEF DOC. NYSCEF DOC. NO. NO. 120 111 113 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/06/2023 04/05/2023 05/04/2023 10 of 12 15 of 12 10 20 FILED: NASSAU COUNTY CLERK 05/04/2023 03:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/04/2023 EXHIBIT B 16 of 20 FILED: NASSAU COUNTY CLERK 05/04/2023 03:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/04/2023 Supreme Court of the State of New York Appellate Division: Second Judicial Department Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance show cause by which the matter was or is to be commenced, or as amended. xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx, individually and derivatively on behalf of ROCKVILLE CORP Date Notice of Appeal Filed - against - 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 For Appellate Division 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 Case Type Filing Type ܆ ✔ Civil Action ܆CPLR article 78 Proceeding ܆ ✔ Appeal ܆Transferred Proceeding ܆CPLR article 75 Arbitration ܆Special Proceeding Other ܆Original Proceedings ܆CPLR Article 78 ܆Habeas Corpus Proceeding ܆CPLR Article 78 ܆Executive Law § 298 ܆Eminent Domain ܆ CPLR 5704 Review ܆Labor Law 220 or 220-b ܆Public Officers Law § 36 ܆Real Property Tax Law § 1278 Nature of Suit: Check up to WKUHH of the following categories which best reflect the nature of the case. ܆Administrative Review ܆Business Relationships ܆Commercial ܆ ✔ Contracts ܆Declaratory Judgment ܆Domestic Relations ܆Election Law ܆Estate Matters ܆Family Court ܆Mortgage Foreclosure ܆Miscellaneous ܆Prisoner Discipline & Parole ܆Real Property ܆Statutory ܆Taxation ܆Torts (other than foreclosure) Informational Statement - Civil 17 of 20 FILED: NASSAU COUNTY CLERK 05/04/2023 03:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/04/2023 Appeal Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. ܆Amended Decree ܆Determination ܆✔ Order ܆Resettled Order ܆Amended Judgement ܆Finding ܆Order & Judgment ܆Ruling ܆Amended Order ܆Interlocutory Decree ܆Partial Decree ܆Other (specify): ܆Decision ܆Interlocutory Judgment ܆Resettled Decree ܆Decree ܆Judgment ܆Resettled Judgment Court: Supreme Court County: Nassau Dated: 05/04/2023 Entered: April 5, 2023 Judge (name in full):Sharon M.J. Gianelli Index No.:607197/2022 Stage: ܆Interlocutory ܆Final ܆Post-Final Trial: ܆Yes ܆ ✔ No If Yes: ܆Jury ܆Non-Jury Prior Unperfected Appeal ĂŶĚZĞůĂƚĞĚĂƐĞInformation Are any appeals arising in the same action or proceeding currently pending in the court? տ Yes տ No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Original Proceeding Commenced by: ܆Order to Show Cause ܆Notice of Petition ܆Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Court: Choose Court County: Choose County Judge (name in full): Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: Choose Court County: Choose County Judge (name in full): Dated: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. Appeal from that portion of the Order which ordered Plaintiff-Appellant to post an undertaking in the amount of $2,500,000 from a surety, which shall be an insurance company pursuant to CPLR §2505, within (20) days thereof and required that the undertaking with a corresponding affidavit be served and filed pursuant to CPLR §2505. Informational Statement - Civil 18 of 20 FILED: NASSAU COUNTY CLERK 05/04/2023 03:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/04/2023 Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review͕ƚŚĞŐƌŽƵŶĚƐ ĨŽƌƌĞǀĞƌƐĂů͕ŽƌŵŽĚŝĨŝĐĂƚŝŽŶƚŽďĞĂĚǀĂŶĐĞĚĂŶĚƚŚĞƐƉĞĐŝĨŝĐƌĞůŝĞĨƐŽƵŐŚƚŽŶĂƉƉĞĂů͘ 1. Did the Supreme Court err by requiring Plaintiff-Appellant to post a bond in the amount of $2,500,00.00 pursuant to CPLR 6312(b), 6 months after it had granted Plaintiff-Appellants application for a preliminary injunction without requiring Plaintiff-Apellant to post a bond? Yes. 2. Did the Supreme Court err by fixing the amount of the undertaking imposed on Plaintiff-Appellant to $2,500,000.00 where Defendants-Respondents did not and cannot articulate how they may sustain damages and losses in that amount by reason of the injunction? Yes. Party Information Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 xxxxxx xxxxxx Plaintiff Appellant 2 xxxxxxx xxxxx Defendant Respondent 3 Makan Delrahim Defendant Respondent 4 Baharak Amirian Defendant Respondent 5 Rockville Corp. Defendant Respondent 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Informational Statement - Civil 19 of 20 FILED: NASSAU COUNTY CLERK 05/04/2023 03:24 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/04/2023 Attorney Information Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: David Ross, Esq. Kasowitz Benson Torres LLP Address:1633 Broadway City: New York State: NY Zip:10019 Telephone No: 212-506-1700 E-mail Address:dross@kasowitz.com Attorney Type: ܆ ✔ Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice Party or Parties RepresenteĚ(set forth party number(s) from table aboveͿ: 2-5 Attorney/Firm Name: Daniel Shapiro, Esq. Ruskin Moscou Faltischek, P.C. Address:1425 RXR Plaza, 15 Floor City: Uniondale State: NY Zip:11556 Telephone No: 516-663-6600 E-mail Address: dshapiro@rmfpc.com Attorney Type: ܆ ✔ Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice Party or Parties Represented (set forth party number(s) from table aboveͿ: 1 Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: ܆Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice Party or Parties Represented (set forth party number(s) from table aboveͿ: Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: ܆Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice Party or Parties Represented (set forth party number(s) from table aboveͿ: Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: ܆Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice Party or Parties Represented (set forth party number(s) from table aboveͿ: Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: ܆Retained ܆Assigned ܆Government ܆Pro Se ܆Pro Hac Vice Party or Parties Represented (set forth party number(s) from table aboveͿ: Informational Statement - Civil 20 of 20