Document for Sharyn Liddie as attorney-in-fact for LaVerna Kenney v. Wilson Kenney individually and as attorney-in-fact for LaVerna Kenney

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                                At an IAS Part ___ of the Supreme
                                                                   Court of the State of New York, held in
                                                                   the County of New York, located at 60
                                                                   Centre Street, New York, New York
                                                                   10007, on the _____ day of
                                                                   ______________, 2024.

PRESENT: _______________________________ J.S.C.
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Sharyn Liddie, as attorney-in-fact for                                      ORDER TO SHOW CAUSE
LaVerna Kenney,                                                             WITH TEMPORARY
                                                                            RESTRAINING ORDER
                                            Petitioner,
                   -against-                                                Index No.: 850021-2024

Wilson Kenney, individually and as attorney-in-fact for
LaVerna Kenney,
                                              Respondent.
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        On reading and filing the petition of SHARYN LIDDIE (“PETITIONER”), duly verified

the 1st day of March, 2024, utilized herein as an affidavit pursuant to CPLR 105(u), the exhibits

attached thereto; the affirmation of Bret Cahn of Emergency and of Compliance with 22 NYCRR

202.7 (f) dated March 6, the exhibits attached thereto; and Petitioner’s accompanying

Memorandum of Law in Support of Application for a Temporary Restraining Order and

Preliminary Injunction, and upon sufficient cause being alleged,

        LET, WILSON KENNEY, SHOW CAUSE, before the Hon. ______________________at

Part ___, Supreme Court of the State of New York, County of New York, located at 60 Centre

Street, New York, New York, on the ______day of ____________2024, at 9:30 o’clock in the

forenoon of said day, or as soon thereafter as counsel can be heard, why an Order should not be

made and entered as follows:




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                   i. Compelling Wilson Kenney, pursuant to General Obligations Law

                      (“GOL”) § 5-1510(1), to provide a record of all receipts, disbursements,

                      and transactions entered into by him as agent on behalf of the principal,

                      LaVerna Kenney;

                  ii. Removing Wilson Kenney, pursuant to GOL § 5-1510(2)(f), as co-agent

                      for LaVerna Kenney;

                  iii. Directing LaVerna Kenney’s $346,000 be returned to Sharyn Liddie, in

                      her capacity as agent for LaVerna Kenney, pursuant to GOL § 5-1510(4);

                  iv. Restraining and enjoining Wilson Kenney from acting as agent under the

                      POA, or otherwise distributing, transferring, encumbering, or otherwise

                      disposing of LaVerna Kenney’s assets, pursuant to CPLR 6301, 6311, and

                      6313, during the pendency of this proceeding; and

                   v. Surcharging Wilson Kenney for his breaches of fiduciary duty;

                  vi. Awarding legal fees incurred in this proceeding against Wilson Kenney;

                      and

                 vii. Granting such other and further relief as this Court deems just and proper.

       SUFFICIENT REASON APPEARING THEREFORE, IT IS HEREBY

       ORDERED, pursuant to CPLR 6301, 6311, and 6313, that pending the hearing and

determination of this Order to Show Cause, and until further Order of this Court, WILSON

KENNEY is hereby restrained and enjoined from acting as agent under LaVerna Kenney’s Power

of Attorney dated August 9, 2014; and it is further;

       ORDERED, pursuant to CPLR 6301, 6311, and 6313, that pending the hearing and

determination of this Order to Show Cause, and until further Order of this Court, WILSON




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KENNEY is hereby restrained and enjoined from distributing, transferring, encumbering, or

otherwise disposing of LaVerna Kenney’s assets during the pendency of this proceeding; and it is

further

          ORDERED, that service of this Order to Show Cause, and all of the papers upon which it

is based, shall be deemed good and sufficient service if served upon WILSON KENNEY by

______________________ no later than _______________ __, 2024;

          ORDERED, that opposition papers, if any, shall be filed and served by NYSCEF no later

than _______________ __, 2024; and it is hereby further

          ORDERED, that reply papers, if any, shall be filed and served by NYSCEF no later than

_______________ __, 2024.



                                                    ENTER:



                                                    ___________________________________
                                                    J.S.C.




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