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FILED: NASSAU COUNTY CLERK 05/04/2023 03:59 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 05/04/2023
EXHIBIT 3
FILED: NASSAU COUNTY CLERK 05/04/2023 03:59 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 05/04/2023
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 October,
2022.
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. 003
-against-
ORDER TO SHOW CAUSE
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 ORAL ARGUMENT
Will and Testament of xxxx xxxxx; MAKAN REQUESTED
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.
FILED: NASSAU COUNTY CLERK 05/04/2023 03:59 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 05/04/2023
UPON THE READING AND FILING of the Affirmation of David E. Ross, Esq., dated
October 11, 2022, the Affidavit of xxxxxxx xxxxx, sworn to June 13, 2022,1 the Memorandum of
Law in Support of Order to Show Cause to Modify Preliminary Injunction to Require Posting of
Undertaking as Required by CPLR 6312(b), 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 October, 2022 at ____ a.m./p.m., or as soon thereafter as counsel may be heard, why an
amended preliminary injunction order should not be entered pursuant to CPLR §§ 6312(b) and
6314:
(a) ordering Plaintiff, within seven (7) calendar days of entry of such modified order,
to post an undertaking in the amount of $2,596,000 to secure Defendants’ potential
damages arising from the September 27, 2022 Order granting Plaintiff’s motion for
preliminary injunction; and
(b) granting such other relief as is just and proper.
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 October, 2022, 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 October, 2022, which shall be
deemed good and sufficient service thereof.
1
Ms. xxxxx’s June 13, 2022 Affidavit is being re-submitted in connection with this motion without the exhibits
previously attached to it. Those exhibits, which are not germane to this motion, can be found on the Court’s docket,
at docket numbers 24-40.
2
FILED: NASSAU COUNTY CLERK 05/04/2023 03:59 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 05/04/2023
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 October, 2022, which shall be
deemed good and sufficient service thereof.
Dated: October ___, 2022
ENTERED:
_____________________________________
Hon. Sharon M.J. Gianelli, J.S.C.
3
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FILED: NASSAU COUNTY CLERK 05/04/2023 03:59 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 05/04/2023 EXHIBIT 3 FILED: NASSAU COUNTY CLERK 05/04/2023 03:59 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 05/04/2023 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 October, 2022. 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. 003 -against- ORDER TO SHOW CAUSE 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 ORAL ARGUMENT Will and Testament of xxxx xxxxx; MAKAN REQUESTED 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. FILED: NASSAU COUNTY CLERK 05/04/2023 03:59 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 05/04/2023 UPON THE READING AND FILING of the Affirmation of David E. Ross, Esq., dated October 11, 2022, the Affidavit of xxxxxxx xxxxx, sworn to June 13, 2022,1 the Memorandum of Law in Support of Order to Show Cause to Modify Preliminary Injunction to Require Posting of Undertaking as Required by CPLR 6312(b), 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 October, 2022 at ____ a.m./p.m., or as soon thereafter as counsel may be heard, why an amended preliminary injunction order should not be entered pursuant to CPLR §§ 6312(b) and 6314: (a) ordering Plaintiff, within seven (7) calendar days of entry of such modified order, to post an undertaking in the amount of $2,596,000 to secure Defendants’ potential damages arising from the September 27, 2022 Order granting Plaintiff’s motion for preliminary injunction; and (b) granting such other relief as is just and proper. 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 October, 2022, 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 October, 2022, which shall be deemed good and sufficient service thereof. 1 Ms. xxxxx’s June 13, 2022 Affidavit is being re-submitted in connection with this motion without the exhibits previously attached to it. Those exhibits, which are not germane to this motion, can be found on the Court’s docket, at docket numbers 24-40. 2 FILED: NASSAU COUNTY CLERK 05/04/2023 03:59 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 05/04/2023 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 October, 2022, which shall be deemed good and sufficient service thereof. Dated: October ___, 2022 ENTERED: _____________________________________ Hon. Sharon M.J. Gianelli, J.S.C. 3