On March 04, 2022 a
Motion-Secondary
was filed
involving a dispute between
Ben-Zion Alcalay,
and
Atlas Cybersecurity Llc,
Barry Dynkin,
for Special Proceedings - Other (Domestication of Judgment)
in the District Court of Nassau County.
Preview
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
______________________________________________
BEN-ZION ALCALAY Index No.: 602826/2022
Plaintiff, ORDER TO SHOW CAUSE
NON-PARTY ROSEN LAW, LLC
vs.
ATLAS CYBERSECURITY, LLC, Motion Sequence No. 003
a New York Limited Liability Company and
BARRY DYNKIN,
Defendants.
_______________________________________________/
Upon reading and filing the Affirmation of Jonathan Marc Davidoff, and the exhibits
thereto, dated September 23, 2023, upon the accompanying Memorandum of Law, and upon all
other pleadings and proceedings herein:
LET Non-party Rosen Law, LLC (“Rosen Law”) and Defendants Altas Cybersecurity,
LLC (“Atlas”) and Barry Dynkin (“Barry”) show cause before the Hon. Randy Sue Marber,
Supreme Court of the State of New York, County of Nassau, on ______________________, 2023
(the “Return Date”), at _______ o’clock on that day, or as soon thereafter as counsel can be heard
at Courtroom ______, Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, New
York 11501, why an order should not be made and entered, pursuant to CPLR § 5223 finding:
1. Non-party Rosen Law failed to comply with the information subpoena served by
Plaintiff Ben-Zion Alcalay (“Ben-Zion”)upon it on July 7, 2023, and the revised document
subpoena served by Ben-Zion upon it on August 28, 2023.
2. Granting unto Ben-Zion his attorneys’ fees and costs incurred in the bringing of
this motion in an amount to be set by this Court; and
3. Granting such other, further and different relief as this Court deems just and proper;
and it is further
Page 1 of 2
ORDERED that service upon Non-party Rosen Law and Defendants Atlas and Barry of a
copy of this Order together with the pleadings and other papers upon which it is granted, via
NYSCEF and by email to Rosen Law’s counsel Gary Rosen, Esq. (grosen@rosenlawllc.com) and
Atlas and Barry’s counsel Barry (barry.dynkin@gmail.com), on or before the _______________
day of ______________________ 2023, shall constitute good and sufficient service;
ORDERED that Non-Party Rosen Law and Defendants Atlas and Barry shall e-file and
serve their opposition papers, if any, via NYSCEF and email upon Ben Zion’s attorneys at
Jonathan@davidofflawfirm.com on or before the _________ day of ____________ 2023; and it
is further
ORDERD that Ben-Zion shall e-file and serve its reply papers, if any, via NYSCEF and
email to Non-Party Rosen Law’s counsel and Defendant Atlas’s and Barry’s counsel on or before
the _________ day of ________________________ 2023; and it is further
ORDERED that a hearing on this application is directed on the Return Date of this Order
to Show Cause.
ENTERED:
_____________________
Hon. Randy Sue Marber
Dated:
Page 2 of 2
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ______________________________________________ BEN-ZION ALCALAY Index No.: 602826/2022 Plaintiff, ORDER TO SHOW CAUSE NON-PARTY ROSEN LAW, LLC vs. ATLAS CYBERSECURITY, LLC, Motion Sequence No. 003 a New York Limited Liability Company and BARRY DYNKIN, Defendants. _______________________________________________/ Upon reading and filing the Affirmation of Jonathan Marc Davidoff, and the exhibits thereto, dated September 23, 2023, upon the accompanying Memorandum of Law, and upon all other pleadings and proceedings herein: LET Non-party Rosen Law, LLC (“Rosen Law”) and Defendants Altas Cybersecurity, LLC (“Atlas”) and Barry Dynkin (“Barry”) show cause before the Hon. Randy Sue Marber, Supreme Court of the State of New York, County of Nassau, on ______________________, 2023 (the “Return Date”), at _______ o’clock on that day, or as soon thereafter as counsel can be heard at Courtroom ______, Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, New York 11501, why an order should not be made and entered, pursuant to CPLR § 5223 finding: 1. Non-party Rosen Law failed to comply with the information subpoena served by Plaintiff Ben-Zion Alcalay (“Ben-Zion”)upon it on July 7, 2023, and the revised document subpoena served by Ben-Zion upon it on August 28, 2023. 2. Granting unto Ben-Zion his attorneys’ fees and costs incurred in the bringing of this motion in an amount to be set by this Court; and 3. Granting such other, further and different relief as this Court deems just and proper; and it is further Page 1 of 2 ORDERED that service upon Non-party Rosen Law and Defendants Atlas and Barry of a copy of this Order together with the pleadings and other papers upon which it is granted, via NYSCEF and by email to Rosen Law’s counsel Gary Rosen, Esq. (grosen@rosenlawllc.com) and Atlas and Barry’s counsel Barry (barry.dynkin@gmail.com), on or before the _______________ day of ______________________ 2023, shall constitute good and sufficient service; ORDERED that Non-Party Rosen Law and Defendants Atlas and Barry shall e-file and serve their opposition papers, if any, via NYSCEF and email upon Ben Zion’s attorneys at Jonathan@davidofflawfirm.com on or before the _________ day of ____________ 2023; and it is further ORDERD that Ben-Zion shall e-file and serve its reply papers, if any, via NYSCEF and email to Non-Party Rosen Law’s counsel and Defendant Atlas’s and Barry’s counsel on or before the _________ day of ________________________ 2023; and it is further ORDERED that a hearing on this application is directed on the Return Date of this Order to Show Cause. ENTERED: _____________________ Hon. Randy Sue Marber Dated: Page 2 of 2