Exhibit,Appendix: Cii Passing Lane, Lp v. William Penn Life Insurance Company Of New York, George T Burke interpleader defendant, Ann Caccia interpleader defendant, Michelle Ginsberg interpleader defendant, Robert Mcgrath interpleader defendant, Wilmington Trust Na interpleader defendant, Cii Passing Lane Lp INTERPLEADER DEFENDANT, Linda Daller, Zachary Ginsberg INTERPLEADER DEFENDANT, Kevin Ginsberg INTERPLEADER DEFENDANT, Joshua Ginsberg INTERPLEADER DEFENDANT

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                                FILED: NASSAU COUNTY CLERK 04/12/2024 05:01 PM         INDEX NO. 602940/2022
NYSCEF DOC. NO. 230                              RECEIVED NYSCEF: 04/12/2024




                             Exhibit 1
FILED: NASSAU COUNTY CLERK 04/12/2024 05:01 PM                                                 INDEX NO. 602940/2022
NYSCEF DOC. NO. 230                                                                     RECEIVED NYSCEF: 04/12/2024




          STATE OF NEW YORK
          SUPREME COURT COUNTY OF NASSAU

           CII PASSING LANE, LP,

                                             Plaintiff,
                  -against-                                                           ORDER

           WILLIAM PENN LIFE INSURANCE COMPANY OF                            Hon. James P. McCormack
           NEW YORK,

                                             Defendant.                       Index No. 602940/2022


          WILLIAM PENN LIFE INSURANCE COMPANY OF
          NEW YORK,

                                            Defendant and Interpleader
                                            Plaintiff,
                 -against-

          GEORGE T. BURKE, ANN CACCIA, MICHELLE
          GINSBERG, ROBERT MCGRATH, and
          WILMINGTON TRUST N.A., CII PASSING LANE,
          LP, LINDA DALLER, ZACHARY GINSBERG,
          KEVIN GINSBERG, AND JOSHUA GINSBERG,

                                            Interpleader Defendants.


                 WHEREAS Plaintiff and Interpleader Defendant CII Passing Lane, LP (“Passing Lane”)

          has moved for an order severing: (1) the portion of its first cause of action for breach of contract

          for which Passing Lane sought, and this Court awarded, compensatory damages; (2) Passing

          Lane’s request for declaratory judgment; and (3) Passing Lane’s request for default judgment

          against Ann Caccia;

                 WHEREAS Interpleader Defendant Wilmington Trust, N.A. (“Wilmington Trust”) moved

          for an order severing: (1) Wilmington Trust’s request for declaratory judgment; and

          (2) Wilmington Trust’s request for default judgment against Ann Caccia;



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FILED: NASSAU COUNTY CLERK 04/12/2024 05:01 PM                                                 INDEX NO. 602940/2022
NYSCEF DOC. NO. 230                                                                    RECEIVED NYSCEF: 04/12/2024




                 WHEREAS Passing Lane and Wilmington Trust also moved for an order allowing for

          immediate entry of judgment on the severed claims;

                 NOW, upon due consideration, it is hereby:

                 ORDERED that the following claims are hereby severed from the action:

                   a. The portion of Passing Lane’s breach of contract cause of action for which this Court

                       granted Passing Lane summary judgment and awarded compensatory damages

                       against Defendant and Interpleader Plaintiff William Penn Life Insurance Company

                       of New York (“William Penn”) in the amount of $934,900.48; and

                   b. Passing Lane’s request for declaratory judgment for which this Court awarded

                       Passing Lane summary judgment, declaring that Passing Lane (1) is a protected

                       purchaser under Article 8 of the UCC; (2) acquired its security entitlement in

                       William Penn Policy Number 0700027740 (the “Policy”) free of any adverse and/or

                       competing claims to the Policy or its proceeds; and (3) is entitled to recover, through

                       its securities intermediary, the remainder of the Policy proceeds free of adverse

                       claims; and

                   c. Wilmington Trust’s request for declaratory judgment for which this Court awarded

                       Wilmington Trust summary judgment, declaring that Wilmington Trust is a protected

                       purchaser and protected securities intermediary under Article 8 of the UCC, and that

                       Wilmington Trust therefore; (1) received the Policy free from adverse claims; and

                       (2) is protected against adverse claims with respect to any Policy proceeds it received

                       or receives in its role as securities intermediary; and

                   d. Passing Lane’s and Wilmington Trust’s request for default judgment for which this

                       Court granted default judgment against Ann Caccia; and



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FILED: NASSAU COUNTY CLERK 04/12/2024 05:01 PM                                                 INDEX NO. 602940/2022
NYSCEF DOC. NO. 230                                                                    RECEIVED NYSCEF: 04/12/2024




                 ORDERED that the Clerk may enter judgment in favor of Passing Lane against William

          Penn Life Insurance Company of New York (“William Penn”) in the amount of $934,900.48, plus

          interest pursuant to CPLR 5002, costs, and disbursements as taxed by the Clerk; and

                 ORDERED that the Clerk may enter judgment declaring that Passing Lane (1) is a

          protected purchaser under Article 8 of the UCC; (2) acquired its security entitlement in the Policy

          free of any adverse and/or competing claims to the Policy or its proceeds; and (3) is entitled to

          recover, through its securities intermediary, the remainder of the Policy proceeds free of adverse

          claims; and

                 ORDERED that the Clerk may enter judgment declaring that Wilmington Trust is a

          protected purchaser and protected securities intermediary under Article 8 of the UCC, and that

          Wilmington Trust therefore; (1) received the Policy free from adverse claims; and (2) is protected

          against adverse claims with respect to any Policy proceeds it received or receives in its role as

          securities intermediary; and

                 ORDERED that the Clerk may enter default judgment against Ann Caccia in favor of

          Passing Lane and Wilmington Trust; and

                 ORDERED that Passing Lane and Wilmington Trust shall submit to the Clerk a proposed

          judgment consistent with this Order.



          Dated: ______________, 2024

                                                               ______________________________
                                                               Hon. James McCormack
                                                               Supreme Court Justice




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