Preview
[Print in black ink all areas in bold letters. Other spaces are for Court use.]
At
the
I.A.S.
State
Part
of
_
New
of the
held
Supreme
in and
Court
for
of
the
York,
of New York, at the Courthouse
County
thereof, 60 Centre Street, New York, N.Y.,
on the __ day of ,
20___
PRESENT: HON.
Justice of the Supreme Court
Index Number
[fill in name(s)] Plaintiff(s),
- against -
ORDER TO SHOW CAUSE
IN CIVIL ACTION
[fill in name(s)] Defendant(s).
x
the Summons and Complaint/Summons With Notice [circle one], filed
Upon reading and filing
20____, and the affidavit in support of
the day of ,
to the of , 20 ___, and
, sworn day
the exhibits attached Exhibits; use additional page if needed]
thereto, namely [Identify
Let the or attorney in opposition show cause at I.A.S. Part , Room , of
party
60 Centre New York, N.Y., on the day of
this Court, to be held at the Courthouse, Street,
o'clock in the noon or as soon as the parties to this
, 20 , at
an order should not be issued, the following relief
proceeding may be heard why providing
[briefly describe what you are asking the Court to do]; GC (
{t-
CL¼t) CV Pi4 ½wd
.Dny
OrderShowCause - 1/2014
and such other and further relief as may to the court seem just and proper, for the reasons that [briefly
describe the reasons why you should be granted what you are requesting]
Sufficient cause appearing therefor, let personal service of a copy of this order, the affidavit
in support, and all other papers upon which this order is granted upon the attorneys for all parties and all
unrepresented parties who have appeared in this action on or before the day of
, 20___bedeemed good and sufficient. An affidavit or other proof of service shall
be presented to this Court on the return date fixed above.
ENTER
J. S. C.
2
OrderShowCause - 1/2014
At Part _ of the Supreme Court of the
State of New York, held in and for the
County of New York at the Courthouse
thereof, on the ____day of February 2023
SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF NEW YORK
INDEX NO.: 654499/2022
)
ARBORETUM SILVERLEAF INCOME FUND LP ) DEFENDANT, JEFF
AND ACF CREDIT PROGRAM LLC ) KATOFSKY'S ORDER
) TO SHOW CAUSE
Plaintiffs, ) SEEKING CLERK OF
) THE COURT TO REJECT
-against- AND/OR
)
PLAINTIFFS'
) DENY
JEFF KATOFSKY and ERNEST BARRECA ) STATEMENT OF
AS TRUSTEE OF THE SKG FAMILY TRUST, ) JUDGMENT AND/OR
ET AL. ) REQUEST FOR ENTRY
) OF DEFAULT
) JUDGMENT
)
)
Defendants. )
TO THE CLERK OF THE COURT, PLAINTIFFS, AND THEIR ATTORNEYS
OF RECORD:
PLEASE TAKE NOTICE THAT on a date and time to be determined in the Ex
Parte Department of the above-referenced Court, New York, NY, Defendant, JEFF
KATOFSKY ("Katofsky") will, and hereby does, request an Order to Show Cause
Plaintiffs'
seeking the Clerk of the Court to reject and/or deny Statement of Judgment
and/or Request for Entry of Default Judgment.
1
Defendant moves for emergency relief by way of this Order to Show Cause for good
cause shown and, specifically, on the basis that on February 15, 2023, Katofsky filed his
motion to dismiss or quash service of summons in the United States District Court for the
Southern District of New York ("District Court"). Prior to entertaining the motion to
dismiss, on May 5, 2023, the District Court entered an Order remanding this case back to
the Supreme Court for the State of New York. Since such time, there has been no
indication that the case has been effectively remanded and reactivated in the Supreme
Court.
However, despite lack of notice, on January 4, 2024, Plaintiff appears to have
requested entry of default against Katofsky. Upon receiving such notification of
Plaintiffs'
impromptu request, Katofsky immediately filed his motion to dismiss or,
alternatively, quash service of summons. That motion is currently set to be heard on
March 4, 2024 before the Court. However, Katofsky remains concerned that the Clerk of
the Court may not be aware of such filing and that a default judgment could be entered.
Thus, good cause exists for the Clerk of the Court to grant this Order to Show Cause to
Plaintiffs'
reject or deny Statement of Judgment and allow this matter to be heard on its
procedural and factual merits.
///.
///.
2
This Order to Show Cause is supported by this Notice, the Declaration of Jeff
Katofsky and exhibits attached thereto, the entire Court file, and any other evidence and
arguments presented at the hearing on this Order to Show Cau .
Date: February 13, 2024
Je tofsky
n Pr Per
3
CERTIFICATE OF SERVICE
Re: Aboretum v. Katofsky et al., SCSNY Index #654499/2022
I am a citizen of the United States, State of California, and I am employed in the County
of Los Angeles, City of Sherman Oaks California. I am over the age of eighteen years and not a
party to the within action. My business address is 4558 Sherman Oaks Avenue, Sherman Oaks,
CA 91403.
On February 13 2024, I served the foregoing document described as DEFENDANT JEFF
KATOFSKY'S ORDER TO SHOW CAUSE SEEKING CLERK OF THE COURT TO REJECT
PLAINTIFFS'
AND/OR DENY STATEMENT OF JUDGMENT AND/OR REQUEST FOR
ENTRY OF DEFAULT JUDGMENT; AFFIRMATION OF JEFF KATOFSKY IN SUPPORT
OF ORDER TO SHOW CAUSE SEEKING THE COURT CLERK TO REJECT OR DENY
PLAINTIFFS'
STATEMENT OF JUDGMENT; PROPOSED ORDER THEREON, on the
interested parties herein, be electronic mail to the email addresses provided by counsel for
Plaintiffs in this matter, as follows:
Clifford A. Katz, Esq. Ckatz(dlplatzerlaw.com
Richard A. LaFont, Esq. R1afont@platzerlaw.com
PLATZER SWERGOLD
18th
475 Park Avenue, FlOOT
New York, NY 10016
X_/ By Electronic Service as indicated above:
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed February 13, 2024 at Sherman Oaks, California.
/S/Judith Grove
Preview
[Print in black ink all areas in bold letters. Other spaces are for Court use.] At the I.A.S. State Part of _ New of the held Supreme in and Court for of the York, of New York, at the Courthouse County thereof, 60 Centre Street, New York, N.Y., on the __ day of , 20___ PRESENT: HON. Justice of the Supreme Court Index Number [fill in name(s)] Plaintiff(s), - against - ORDER TO SHOW CAUSE IN CIVIL ACTION [fill in name(s)] Defendant(s). x the Summons and Complaint/Summons With Notice [circle one], filed Upon reading and filing 20____, and the affidavit in support of the day of , to the of , 20 ___, and , sworn day the exhibits attached Exhibits; use additional page if needed] thereto, namely [Identify Let the or attorney in opposition show cause at I.A.S. Part , Room , of party 60 Centre New York, N.Y., on the day of this Court, to be held at the Courthouse, Street, o'clock in the noon or as soon as the parties to this , 20 , at an order should not be issued, the following relief proceeding may be heard why providing [briefly describe what you are asking the Court to do]; GC ( {t- CL¼t) CV Pi4 ½wd .Dny OrderShowCause - 1/2014 and such other and further relief as may to the court seem just and proper, for the reasons that [briefly describe the reasons why you should be granted what you are requesting] Sufficient cause appearing therefor, let personal service of a copy of this order, the affidavit in support, and all other papers upon which this order is granted upon the attorneys for all parties and all unrepresented parties who have appeared in this action on or before the day of , 20___bedeemed good and sufficient. An affidavit or other proof of service shall be presented to this Court on the return date fixed above. ENTER J. S. C. 2 OrderShowCause - 1/2014 At Part _ of the Supreme Court of the State of New York, held in and for the County of New York at the Courthouse thereof, on the ____day of February 2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO.: 654499/2022 ) ARBORETUM SILVERLEAF INCOME FUND LP ) DEFENDANT, JEFF AND ACF CREDIT PROGRAM LLC ) KATOFSKY'S ORDER ) TO SHOW CAUSE Plaintiffs, ) SEEKING CLERK OF ) THE COURT TO REJECT -against- AND/OR ) PLAINTIFFS' ) DENY JEFF KATOFSKY and ERNEST BARRECA ) STATEMENT OF AS TRUSTEE OF THE SKG FAMILY TRUST, ) JUDGMENT AND/OR ET AL. ) REQUEST FOR ENTRY ) OF DEFAULT ) JUDGMENT ) ) Defendants. ) TO THE CLERK OF THE COURT, PLAINTIFFS, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on a date and time to be determined in the Ex Parte Department of the above-referenced Court, New York, NY, Defendant, JEFF KATOFSKY ("Katofsky") will, and hereby does, request an Order to Show Cause Plaintiffs' seeking the Clerk of the Court to reject and/or deny Statement of Judgment and/or Request for Entry of Default Judgment. 1 Defendant moves for emergency relief by way of this Order to Show Cause for good cause shown and, specifically, on the basis that on February 15, 2023, Katofsky filed his motion to dismiss or quash service of summons in the United States District Court for the Southern District of New York ("District Court"). Prior to entertaining the motion to dismiss, on May 5, 2023, the District Court entered an Order remanding this case back to the Supreme Court for the State of New York. Since such time, there has been no indication that the case has been effectively remanded and reactivated in the Supreme Court. However, despite lack of notice, on January 4, 2024, Plaintiff appears to have requested entry of default against Katofsky. Upon receiving such notification of Plaintiffs' impromptu request, Katofsky immediately filed his motion to dismiss or, alternatively, quash service of summons. That motion is currently set to be heard on March 4, 2024 before the Court. However, Katofsky remains concerned that the Clerk of the Court may not be aware of such filing and that a default judgment could be entered. Thus, good cause exists for the Clerk of the Court to grant this Order to Show Cause to Plaintiffs' reject or deny Statement of Judgment and allow this matter to be heard on its procedural and factual merits. ///. ///. 2 This Order to Show Cause is supported by this Notice, the Declaration of Jeff Katofsky and exhibits attached thereto, the entire Court file, and any other evidence and arguments presented at the hearing on this Order to Show Cau . Date: February 13, 2024 Je tofsky n Pr Per 3 CERTIFICATE OF SERVICE Re: Aboretum v. Katofsky et al., SCSNY Index #654499/2022 I am a citizen of the United States, State of California, and I am employed in the County of Los Angeles, City of Sherman Oaks California. I am over the age of eighteen years and not a party to the within action. My business address is 4558 Sherman Oaks Avenue, Sherman Oaks, CA 91403. On February 13 2024, I served the foregoing document described as DEFENDANT JEFF KATOFSKY'S ORDER TO SHOW CAUSE SEEKING CLERK OF THE COURT TO REJECT PLAINTIFFS' AND/OR DENY STATEMENT OF JUDGMENT AND/OR REQUEST FOR ENTRY OF DEFAULT JUDGMENT; AFFIRMATION OF JEFF KATOFSKY IN SUPPORT OF ORDER TO SHOW CAUSE SEEKING THE COURT CLERK TO REJECT OR DENY PLAINTIFFS' STATEMENT OF JUDGMENT; PROPOSED ORDER THEREON, on the interested parties herein, be electronic mail to the email addresses provided by counsel for Plaintiffs in this matter, as follows: Clifford A. Katz, Esq. Ckatz(dlplatzerlaw.com Richard A. LaFont, Esq. R1afont@platzerlaw.com PLATZER SWERGOLD 18th 475 Park Avenue, FlOOT New York, NY 10016 X_/ By Electronic Service as indicated above: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed February 13, 2024 at Sherman Oaks, California. /S/Judith Grove