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FILED: NEW YORK COUNTY CLERK 05/06/2024 10:57 AM INDEX NO. 451368/2020
NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________________________ x
PEOPLE OF THE STATE OF NEW YORK,
By Letitia James, Attorney General of the State of
New York,
Petitioner,
-against-
RICHMOND CAPITAL GROUP LLC, also
doing business as Ram Capital Funding and
Viceroy Capital Funding, and now known
as RCG Advances LLC;
RAM CAPITAL FUNDING LLC; Index No. 451368/2020
VICEROY CAPITAL FUNDING INC., also
doing business as Viceroy Capital Funding
(Borrok, J.)
and Viceroy Capital LLC;
ROBERT GIARDINA, individually and as a
principal of RICHMOND CAPITAL GROUP
LLC, RAM CAPITAL FUNDING LLC, and
NOTICE OF APPEAL
VICEROY CAPITAL FUNDING INC.;
JONATHAN BRAUN, also known as John
Braun, individually and as a principal of
RICHMOND CAPITAL GROUP LLC, RAM
CAPITAL FUNDING LLC, and VICEROY
CAPITAL FUNDING INC.;
TZVI REICH, also known as Steve Reich,
individually and as a principal of
RICHMOND CAPITAL GROUP LLC, RAM
CAPITAL FUNDING LLC, and VICEROY
CAPITAL FUNDING INC.; and
MICHELLE GREGG, individually and as a
principal of RICHMOND CAPITAL GROUP
LLC, RAM CAPITAL FUNDING LLC, and
VICEROY CAPITAL FUNDING INC.;
Respondents.
__________________________________________ x
PLEASE TAKE NOTICE, that Respondents RICHMOND CAPITAL GROUP, LLC
and ROBERT GIARDINA, hereby appeal to the Appellate Division, First Judicial Department,
1
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from the Judgment of the Supreme Court, New York County (Borrok, J.), dated February 8, 2024
and filed and entered on April 11, 2024 in the Office of the Clerk of the Supreme Court, New
York County, in the above-captioned matter.
This appeal is taken from the whole of the Judgment, and each and every part thereof.
Dated: New York, New York
May 6, 2024
KRAVET & VOGEL, LLP
555 Fifth Avenue, 14th Fl.
New York, New York 10017
(646) 248-5460
DKravetúúkenylaw.com
By:/s/ Donald J. Kravet
Donald J. Kravet, Esq.
Attorneys for Respondents Richmond
Capital Group, LLC and Robert Giardina
TO:
SUPREME COURT OF NEW YORK, NEW YORK COUNTY
Clerk of the Supreme Court
60 Centre St
New York, NY 10007
Office of the Attorney General of The State of New York
28 Liberty Street
New York, NY 10005
Attention: Jack Figura, Esq.
Attorneys for Petitioner People of the State of New York
Baratta, Baratta & Aidala, LLP
6th
546 Fifth Ave.,
New York, N.Y. 10036
Attention: Michael DiBenedetto, Esq.
Attorneys for Respondent Jonathan Braun
Terenzi & Confusione, P.C.
401 Franklin Ave., Suite 304
Garden City, NY 11530
Attorneys for Respondents RAM Capital Funding LLC and Tzvi Reich
2
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Deborah J. Blum, Esq.
225 Broadway, Suite 715
New York, NY 10007
Attorney for Respondent Michelle Greg
All via NYSCEF
3
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Supreme Court of the State of New York
-
Appellate Division First Judicial
Department
Informational Statement (Pursuant to 22 NYCRR 1250.3 - Civil
[a])
. For Court ofOriginal Instance
PEOPLE OF THE STATE OF NEW YORK, by LETITIA JAMES, Attorney General of the State of
New York, Petitioner
- against -
RICHMOND CAPITAL GROUP LLC. also doing business as Ram Capital Funding and Viceroy Capital Date Notice of Appeal Filed
Funding, and now known as RCG Advances LLC: RAM CAPITAL FUNDING LLC: VICEROY CAPITAL
FUNDING INC., also doing business as Viceroy Capital Funding and Viceroy Capital LLC; ROBERT
GIARDINA, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL . . .
For Appellate Division
FUNDING LLC. and VICEROY CAPITAL FUNDING INC: JONATHAN BRAUN, also known as John
Braun, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING
LLC, and VICEROY CAPITAL FUNDING INC.: TZVI REICH, also known as Steve Reich, individually and
as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY
CAPITAL FUNDING INC: and MICHELLE GREGG, individually and as a principal of
RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL
FUNDING INC Respondents
Civil Action O CPLR article 78 Proceeding M Appeal ¡ Transferred Proceeding
O CPLR article 75 Arbitration O Special Other O Original Proceedings O CPLR Article 78
Proceeding
¡ CPLR Article 78 O Executive Law § 298
O Habeas Corpus Proceeding
¡ Eminent Domain O CPLR 5704 Review
O Labor Law 220 or 220-b
O Public Officers Law § 36
O Real Property Tax Law § 1278
¡ Administrative Review ¡ Business Relationships ¡ x x Commercial Gia Contracts
¡ Declaratory Judgment ¡ Domestic Relations ¡ Election Law ¡ Estate Matters
¡ Family Court ¡ Mortgage Foreclosure ¡ Miscellaneous ¡ Prisoner Discipline & Parole
¡ Real Property x x Statutory ¡ Taxation ¡ x Torts
(other than foreclosure)
Informational Statement - Civil
4 of 12
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Appeal
Paper Appealed From (Check one only):
Court: Supreme Court 6 county: New York 6
Dated: 2/8/2024 Entered: 4/11/2024
Judge (name in full): Andrew Borrok Index No.: 451368/2020
Stage: ¡ Interlocutory ¡ Final E Post-Final Trial: ¡ Yes a No If Yes: ¡ Jury O Non-Jury
Original Proceeding
Commenced by: ¡ Order to Show Cause ¡ X Notice of Petition O Writ of Habeas Date Filed: 6/10/2020
Corpus
Proceeding Transferred Pursuant to CPLR 7804(g)
CPLR 5704 Review of Ex Parte Order:
Description of Appeal, Proceeding or Application and Statement of Issues
Informational Statement - Civil
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Description: If an appeal, describe the paper appealed from. If the appeal is from an order, specify the relief
briefly
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), describe the object of proceeding. If an application under CPLR 5704, briefly describe the
briefly
nature of the ex parte order to be reviewed.
This is an appeal from a Final Judgment Petitioner a money judgment in the amount of more than
granting
$77M.
Issues: the issues proposed to h9 raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds
Specify
for reversal, or modification to be advanced and the specific relief sought on appeal.
The issues to be raised on appeal include whether the trial court erroneously granted Petitioner's motions,
which motions are the subjects of appeals and resulted in the erroneous Judgment appealed
pending
from herein. The grounds for reversal include others that Petitioner failed to sustain its burden on
among
its the Court lacked jurisdiction over Respondents, the Court abused its discretion, the Court
motions,
applied the legal standard, the Court misapplied and/or misconstrued the applicable law, the Court
wrong
misapprehended and/or failed to consider relevant and material facts and, the Court improperly resolved
disputed questions of facts. Appellant seeks reversal of the Judgment appealed from.
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1 fortheStateofNewYorkbyLetitiaJames,
People AttorneyGeneral
oftheStateofNewYork petitioner Respondent
2 Richmond Capital Group, LLC Respondent Appellant
3 Robert Giardina Respondent Appellant
4 RAM Capital Funding LLC Respondent Appellant
5 Viceroy Capital Funding Inc. Respondent None
6 lonathan Braun Respondent Appellant
7 Tzvi Reich Respondent Appellant
g Michelle Greg Respondent None
9
10
11
12
13
14
Informational Statement - Civil
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Attorne3 nformatior
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
Se"
himself, the box marked "Pro must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name: Donald J. Kravet Kravet & Vogel, LLP
Address: 555 Fifth Ave., 14th FI.
City: New York State: NY | Zip: 10017 I Telephone No: (646) 248-5460
E-mail Address: dkravet@kvnylaw.com
Attorney Type: X Retained ¡ Assigned D Government ¡ Pro Se ¡ Pro Hae Vice
Party or Parties Represented (set forth party number(s) from table above): 3, 1
Attorney/Firm Name: Baratta, Baratta & Aidala, LLP
Address: 546 Fifth Ave,6th Fl.
City: New York | State: NY I Zip: 10036 | Telephone No: 212 750-9700
E-mail Address: jpbaratta@barattalaw.com
Attorney Type: x Retained ¡ Assigned D Government ¡ Pro Se ¡ Pro Hae Vice
Party or Parties Represented (set forth party number(s) from table above): 6
Attorney/Firm Name: Deborah J. Blum
Address:225 Broadway, Suite 715
City: NY I State: NY | Zip: 10007 I Telephone No: (845) 304-5312
E-mail Address: deborah@deborahjblum.com
Attorney Type: x Retained ¡ Assigned ¡ Government ¡ Pro Se ¡ Pro Hae Vice
Party or Parties Represented (set forth party number(s) from table above):
g
Attorney/Firm Name: Ronald Terenzi/Terenzi & Confusione, P.C.
Address:401 Franklin Ave. Suite 304
City: Garden City State: NY | Zip: 11530 I Telephone No: (516) 812-0800
E-mail Address: rterenzi@tcpclaw.com
Attorney Type: x Retained ¡ Assigned ¡ Government ¡ Pro S O fro Hae Vice
Party or Parties Represented (set forth party number(s) from table above): 4
Attorney/Firm Name: Jack Figura/NY Attorney Genera>s Office
Address: 28 Liberty Street
City: NY | State: NY I Zip: 10005 I Telephone No: (212) 416-6003
E-mail Address: jack.figura@ag.ny.gov
Attorney Type: D Retained ¡ Assigned U x Government O Pro Se O Pro Hae Vice
Party or Parties Represented (set forthparty number(s) from table above): 1
Attorney/Firm Name: Michael F. DeBenedetto - Aidala Bertuna & Kamins
Address:
City: State: I Zip: l Telephone No:
E-mail Address:
Attorney Type: ¡ Retained ¡ Assigned D Government ¡ Pro Se ¡ Pro Hae Vice
Party or Parties Represented (set forth party number(s) from table above): 6
Informational Statement - Civil
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FILED: INDEXNYSCEF:
NO. 451368/2020
DOC. NEW
NYSCEF NO. YORK COUNTY CLERK 05/06/2024 10:57 AM
927 RECEIVED 04/11/2024
NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
PEOPLE OF THE STATE OF NEW YORK, by
LETITIA JAMES, Attorney General of the Index No. 451368/2020
State of New York,
Petitioners, IAS Part 53
- against -
Assigned to Justice Borrok
RICHMOND CAPITAL GROUP LLC, also
doing business as Ram Capital Funding and Motion Sequence Nos. 1, 11, 14
Viceroy Capital Funding, and now known as
RCG Advances LLC, et al.,
NOTICE OF ENTRY
Respondents.
PLEASE TAKE NOTICE that the attached is a true copy of a Money
Judgment (Doc. 925), dated April 11, 2024, and filed and docketed on April 11, 2024
in the Clerk of the Court of the Supreme Court of the State of New York, County of
New York.
Dated: April 11, 2024
New York, New York
Respectfully submitted,
LETITIA JAMES
Attorney General of the State of New York
By:
Oluwadamilola E. Obaro
Assistant Attorney General
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...-- . ....... ----. ---... - -----. - ., --, - -- . ..... -.. ..,
FILED: INDEX NO. 451368/2020
NYSCEF DOC. NEW
NO. YORK COUNTY CLERK 05/06/2024 10:57 AM
924 RECEIVED NYSCEF: 04/11/202
NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
PEOPLE OF THE STATE OF NEW YORK, by
LETITIA JAMES, Attorney General of the
State of New York,
Petitioners,
-against-
RICHMOND CAPITAL GROUP LLC, also
doing business as Ram Capital Funding and
Viceroy Capital Funding, and now known
as RCG Advances LLC; Index No. 451368/2020
RAM CAPITAL FUNDING LLC;
VICEROY CAPITAL FUNDING INC., also
IAS Part 53
doing business as Viceroy Capital Funding;
ROBERT GIARDINA, individually and as a
principal of RICHMOND CAPITAL GROUP Assigned to Justice Borrok
LLC, RAM CAPITAL FUNDING LLC, and
VICEROY CAPITAL FUNDING INC.;
[58ES859B] JUDGMENT
JONATHAN BRAUN, also known as John
Braun, individually and as a principal of
RICHMOND CAPITAL GROUP LLC, RAM Motion Nos. 1, 11, 14
CAPITAL FUNDING LLC, and VICEROY
CAPITAL FUNDING INC.;
TZVI REICH, also known as Steve Reich,
individually and as a principal of
RICHMOND CAPITAL GROUP LLC, RAM
CAPITAL FUNDING LLC, and VICEROY
CAPITAL FUNDING INC.; and
MICHELLE GREGG, individually and as a
principal of RICHMOND CAPITAL GROUP
LLC, RAM CAPITAL FUNDING LLC, and
VICEROY CAPITAL FUNDING INC.;
Respondents.
WHEREAS Petitioners, the People of the State of New York ("Petitioners"),
by their attorney LETITIA JAMES, Attorney General of the State of New York
("NYAG"), having duly moved for summary determination (Docs. 580-582) of the
Amended Petition (Doc. 426), as re-noticed by Petitioners (Doc. 597), and by Order
to Show Cause (Doc. 835) for entry of a monetary judgment against Respondents
2 of
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INDEX NYSCEF:
NO. 451368/2020
04/11/20
DOC. .NO.
NYSCEF
NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024
Richmond Capital Group LLC, Ram Capital Funding LLC, Viceroy Capital Funding
Inc. d/b/a Viceroy Capital Funding and Viceroy Capital Funding Capital LLC
("Viceroy"), Robert Giardina, Jonathan Braun, Tzvi Reich, and Michelle Gregg
Petitioners'
(collectively, "Respondents"), and the Court having granted applications
for summary determination on September 15, 2023 (Doc. 817), and for monetary
judgment on February 6, 2024 (Does. 876, 877),
IT IS ADJUDGED that Petitioners, People of the State of New York, by
Letitia James, Attorney General of the State of New York, at 28 Liberty Street,
20th Floor, New York, New York, 10005, have judgment and recover against
Respondents: (1) Richmond Capital Group LLC (also doing business as Ram Capital
Funding and Viceroy Capital Funding, and now known as RCG Advances LLC),
whose last known place of business is at 111 John Street, Suite 1210, New York, NY
10038; (2) Ram Capital Funding LLC, whose last known place of business is at 111
John Street, Suite 1210, New York, New York, 10038; (3) Viceroy Capital Funding
Inc. (also doing business as Viceroy Capital Funding and Viceroy Capital LLC),
whose last known place of business is at 40 Wall Street, 28th Floor, New York, New
York 10005; (4) Robert Giardina, individually and as principal as of Richmond
Capital Group LLC, Ram Capital Funding LLC and Viceroy Capital Funding Inc.
whose last known address is 158 Portage Avenue, Staten Island, New York 10314;
(5) Jonathan Braun, individually and as a principal of Richmond Capital Group
LLC, Ram Capital Funding LLC and Viceroy Capital Funding Inc., whose last
known address is 39 Washington Avenue, Staten Island, New York 10314; (6) Tzvi
2
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B
_ _ ___ . ___.. ----. ..... _ _ -__--. - -, --, - -- . -- . -.. ...,
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NYSCEF DOC. NEW
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924 RECEIVED NYSCEF: 04/11/20
NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024
Reich, also known as Steve Reich, individually and as a principal of Richmond
Capital Group LLC, Ram Capital Funding LLC, and Viceroy Capital Funding Inc.,
whose last known address is 4489 N. Michigan Avenue, Miami Beach, FL 33140;
and (7) Michelle Gregg, individually and as a principal of Richmond Capital Group
LLC, Ram Capital Funding LLC, and Viceroy Capital Funding Inc., whose last
known
Preview
FILED: NEW YORK COUNTY CLERK 05/06/2024 10:57 AM INDEX NO. 451368/2020 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __________________________________________ x PEOPLE OF THE STATE OF NEW YORK, By Letitia James, Attorney General of the State of New York, Petitioner, -against- RICHMOND CAPITAL GROUP LLC, also doing business as Ram Capital Funding and Viceroy Capital Funding, and now known as RCG Advances LLC; RAM CAPITAL FUNDING LLC; Index No. 451368/2020 VICEROY CAPITAL FUNDING INC., also doing business as Viceroy Capital Funding (Borrok, J.) and Viceroy Capital LLC; ROBERT GIARDINA, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and NOTICE OF APPEAL VICEROY CAPITAL FUNDING INC.; JONATHAN BRAUN, also known as John Braun, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC.; TZVI REICH, also known as Steve Reich, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC.; and MICHELLE GREGG, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC.; Respondents. __________________________________________ x PLEASE TAKE NOTICE, that Respondents RICHMOND CAPITAL GROUP, LLC and ROBERT GIARDINA, hereby appeal to the Appellate Division, First Judicial Department, 1 1 of 12 FILED: NEW YORK COUNTY CLERK 05/06/2024 10:57 AM INDEX NO. 451368/2020 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 from the Judgment of the Supreme Court, New York County (Borrok, J.), dated February 8, 2024 and filed and entered on April 11, 2024 in the Office of the Clerk of the Supreme Court, New York County, in the above-captioned matter. This appeal is taken from the whole of the Judgment, and each and every part thereof. Dated: New York, New York May 6, 2024 KRAVET & VOGEL, LLP 555 Fifth Avenue, 14th Fl. New York, New York 10017 (646) 248-5460 DKravetúúkenylaw.com By:/s/ Donald J. Kravet Donald J. Kravet, Esq. Attorneys for Respondents Richmond Capital Group, LLC and Robert Giardina TO: SUPREME COURT OF NEW YORK, NEW YORK COUNTY Clerk of the Supreme Court 60 Centre St New York, NY 10007 Office of the Attorney General of The State of New York 28 Liberty Street New York, NY 10005 Attention: Jack Figura, Esq. Attorneys for Petitioner People of the State of New York Baratta, Baratta & Aidala, LLP 6th 546 Fifth Ave., New York, N.Y. 10036 Attention: Michael DiBenedetto, Esq. Attorneys for Respondent Jonathan Braun Terenzi & Confusione, P.C. 401 Franklin Ave., Suite 304 Garden City, NY 11530 Attorneys for Respondents RAM Capital Funding LLC and Tzvi Reich 2 2 of 12 FILED: NEW YORK COUNTY CLERK 05/06/2024 10:57 AM INDEX NO. 451368/2020 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 Deborah J. Blum, Esq. 225 Broadway, Suite 715 New York, NY 10007 Attorney for Respondent Michelle Greg All via NYSCEF 3 3 of 12 FILED: NEW YORK COUNTY CLERK 05/06/2024 10:57 AM INDEX NO. 451368/2020 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 Supreme Court of the State of New York - Appellate Division First Judicial Department Informational Statement (Pursuant to 22 NYCRR 1250.3 - Civil [a]) . For Court ofOriginal Instance PEOPLE OF THE STATE OF NEW YORK, by LETITIA JAMES, Attorney General of the State of New York, Petitioner - against - RICHMOND CAPITAL GROUP LLC. also doing business as Ram Capital Funding and Viceroy Capital Date Notice of Appeal Filed Funding, and now known as RCG Advances LLC: RAM CAPITAL FUNDING LLC: VICEROY CAPITAL FUNDING INC., also doing business as Viceroy Capital Funding and Viceroy Capital LLC; ROBERT GIARDINA, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL . . . For Appellate Division FUNDING LLC. and VICEROY CAPITAL FUNDING INC: JONATHAN BRAUN, also known as John Braun, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC.: TZVI REICH, also known as Steve Reich, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC: and MICHELLE GREGG, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC Respondents Civil Action O CPLR article 78 Proceeding M Appeal ¡ Transferred Proceeding O CPLR article 75 Arbitration O Special Other O Original Proceedings O CPLR Article 78 Proceeding ¡ CPLR Article 78 O Executive Law § 298 O Habeas Corpus Proceeding ¡ Eminent Domain O CPLR 5704 Review O Labor Law 220 or 220-b O Public Officers Law § 36 O Real Property Tax Law § 1278 ¡ Administrative Review ¡ Business Relationships ¡ x x Commercial Gia Contracts ¡ Declaratory Judgment ¡ Domestic Relations ¡ Election Law ¡ Estate Matters ¡ Family Court ¡ Mortgage Foreclosure ¡ Miscellaneous ¡ Prisoner Discipline & Parole ¡ Real Property x x Statutory ¡ Taxation ¡ x Torts (other than foreclosure) Informational Statement - Civil 4 of 12 FILED: NEW YORK COUNTY CLERK 05/06/2024 10:57 AM INDEX NO. 451368/2020 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 Appeal Paper Appealed From (Check one only): Court: Supreme Court 6 county: New York 6 Dated: 2/8/2024 Entered: 4/11/2024 Judge (name in full): Andrew Borrok Index No.: 451368/2020 Stage: ¡ Interlocutory ¡ Final E Post-Final Trial: ¡ Yes a No If Yes: ¡ Jury O Non-Jury Original Proceeding Commenced by: ¡ Order to Show Cause ¡ X Notice of Petition O Writ of Habeas Date Filed: 6/10/2020 Corpus Proceeding Transferred Pursuant to CPLR 7804(g) CPLR 5704 Review of Ex Parte Order: Description of Appeal, Proceeding or Application and Statement of Issues Informational Statement - Civil 5 of 12 FILED: NEW YORK COUNTY CLERK 05/06/2024 10:57 AM INDEX NO. 451368/2020 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 Description: If an appeal, describe the paper appealed from. If the appeal is from an order, specify the relief briefly requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), describe the object of proceeding. If an application under CPLR 5704, briefly describe the briefly nature of the ex parte order to be reviewed. This is an appeal from a Final Judgment Petitioner a money judgment in the amount of more than granting $77M. Issues: the issues proposed to h9 raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds Specify for reversal, or modification to be advanced and the specific relief sought on appeal. The issues to be raised on appeal include whether the trial court erroneously granted Petitioner's motions, which motions are the subjects of appeals and resulted in the erroneous Judgment appealed pending from herein. The grounds for reversal include others that Petitioner failed to sustain its burden on among its the Court lacked jurisdiction over Respondents, the Court abused its discretion, the Court motions, applied the legal standard, the Court misapplied and/or misconstrued the applicable law, the Court wrong misapprehended and/or failed to consider relevant and material facts and, the Court improperly resolved disputed questions of facts. Appellant seeks reversal of the Judgment appealed from. Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 fortheStateofNewYorkbyLetitiaJames, People AttorneyGeneral oftheStateofNewYork petitioner Respondent 2 Richmond Capital Group, LLC Respondent Appellant 3 Robert Giardina Respondent Appellant 4 RAM Capital Funding LLC Respondent Appellant 5 Viceroy Capital Funding Inc. Respondent None 6 lonathan Braun Respondent Appellant 7 Tzvi Reich Respondent Appellant g Michelle Greg Respondent None 9 10 11 12 13 14 Informational Statement - Civil 6 of 12 FILED: NEW YORK COUNTY CLERK 05/06/2024 10:57 AM INDEX NO. 451368/2020 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 Attorne3 nformatior Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or Se" himself, the box marked "Pro must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: Donald J. Kravet Kravet & Vogel, LLP Address: 555 Fifth Ave., 14th FI. City: New York State: NY | Zip: 10017 I Telephone No: (646) 248-5460 E-mail Address: dkravet@kvnylaw.com Attorney Type: X Retained ¡ Assigned D Government ¡ Pro Se ¡ Pro Hae Vice Party or Parties Represented (set forth party number(s) from table above): 3, 1 Attorney/Firm Name: Baratta, Baratta & Aidala, LLP Address: 546 Fifth Ave,6th Fl. City: New York | State: NY I Zip: 10036 | Telephone No: 212 750-9700 E-mail Address: jpbaratta@barattalaw.com Attorney Type: x Retained ¡ Assigned D Government ¡ Pro Se ¡ Pro Hae Vice Party or Parties Represented (set forth party number(s) from table above): 6 Attorney/Firm Name: Deborah J. Blum Address:225 Broadway, Suite 715 City: NY I State: NY | Zip: 10007 I Telephone No: (845) 304-5312 E-mail Address: deborah@deborahjblum.com Attorney Type: x Retained ¡ Assigned ¡ Government ¡ Pro Se ¡ Pro Hae Vice Party or Parties Represented (set forth party number(s) from table above): g Attorney/Firm Name: Ronald Terenzi/Terenzi & Confusione, P.C. Address:401 Franklin Ave. Suite 304 City: Garden City State: NY | Zip: 11530 I Telephone No: (516) 812-0800 E-mail Address: rterenzi@tcpclaw.com Attorney Type: x Retained ¡ Assigned ¡ Government ¡ Pro S O fro Hae Vice Party or Parties Represented (set forth party number(s) from table above): 4 Attorney/Firm Name: Jack Figura/NY Attorney Genera>s Office Address: 28 Liberty Street City: NY | State: NY I Zip: 10005 I Telephone No: (212) 416-6003 E-mail Address: jack.figura@ag.ny.gov Attorney Type: D Retained ¡ Assigned U x Government O Pro Se O Pro Hae Vice Party or Parties Represented (set forthparty number(s) from table above): 1 Attorney/Firm Name: Michael F. DeBenedetto - Aidala Bertuna & Kamins Address: City: State: I Zip: l Telephone No: E-mail Address: Attorney Type: ¡ Retained ¡ Assigned D Government ¡ Pro Se ¡ Pro Hae Vice Party or Parties Represented (set forth party number(s) from table above): 6 Informational Statement - Civil 7 of 12 FILED: INDEXNYSCEF: NO. 451368/2020 DOC. NEW NYSCEF NO. YORK COUNTY CLERK 05/06/2024 10:57 AM 927 RECEIVED 04/11/2024 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PEOPLE OF THE STATE OF NEW YORK, by LETITIA JAMES, Attorney General of the Index No. 451368/2020 State of New York, Petitioners, IAS Part 53 - against - Assigned to Justice Borrok RICHMOND CAPITAL GROUP LLC, also doing business as Ram Capital Funding and Motion Sequence Nos. 1, 11, 14 Viceroy Capital Funding, and now known as RCG Advances LLC, et al., NOTICE OF ENTRY Respondents. PLEASE TAKE NOTICE that the attached is a true copy of a Money Judgment (Doc. 925), dated April 11, 2024, and filed and docketed on April 11, 2024 in the Clerk of the Court of the Supreme Court of the State of New York, County of New York. Dated: April 11, 2024 New York, New York Respectfully submitted, LETITIA JAMES Attorney General of the State of New York By: Oluwadamilola E. Obaro Assistant Attorney General 8 of 12 ...-- . ....... ----. ---... - -----. - ., --, - -- . ..... -.. .., FILED: INDEX NO. 451368/2020 NYSCEF DOC. NEW NO. YORK COUNTY CLERK 05/06/2024 10:57 AM 924 RECEIVED NYSCEF: 04/11/202 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PEOPLE OF THE STATE OF NEW YORK, by LETITIA JAMES, Attorney General of the State of New York, Petitioners, -against- RICHMOND CAPITAL GROUP LLC, also doing business as Ram Capital Funding and Viceroy Capital Funding, and now known as RCG Advances LLC; Index No. 451368/2020 RAM CAPITAL FUNDING LLC; VICEROY CAPITAL FUNDING INC., also IAS Part 53 doing business as Viceroy Capital Funding; ROBERT GIARDINA, individually and as a principal of RICHMOND CAPITAL GROUP Assigned to Justice Borrok LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC.; [58ES859B] JUDGMENT JONATHAN BRAUN, also known as John Braun, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM Motion Nos. 1, 11, 14 CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC.; TZVI REICH, also known as Steve Reich, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC.; and MICHELLE GREGG, individually and as a principal of RICHMOND CAPITAL GROUP LLC, RAM CAPITAL FUNDING LLC, and VICEROY CAPITAL FUNDING INC.; Respondents. WHEREAS Petitioners, the People of the State of New York ("Petitioners"), by their attorney LETITIA JAMES, Attorney General of the State of New York ("NYAG"), having duly moved for summary determination (Docs. 580-582) of the Amended Petition (Doc. 426), as re-noticed by Petitioners (Doc. 597), and by Order to Show Cause (Doc. 835) for entry of a monetary judgment against Respondents 2 of 9 of 12 FILED: NEW 924 YORK COUNTY CLERK 05/06/2024 10:57 AM RECEIVED INDEX NYSCEF: NO. 451368/2020 04/11/20 DOC. .NO. NYSCEF NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 Richmond Capital Group LLC, Ram Capital Funding LLC, Viceroy Capital Funding Inc. d/b/a Viceroy Capital Funding and Viceroy Capital Funding Capital LLC ("Viceroy"), Robert Giardina, Jonathan Braun, Tzvi Reich, and Michelle Gregg Petitioners' (collectively, "Respondents"), and the Court having granted applications for summary determination on September 15, 2023 (Doc. 817), and for monetary judgment on February 6, 2024 (Does. 876, 877), IT IS ADJUDGED that Petitioners, People of the State of New York, by Letitia James, Attorney General of the State of New York, at 28 Liberty Street, 20th Floor, New York, New York, 10005, have judgment and recover against Respondents: (1) Richmond Capital Group LLC (also doing business as Ram Capital Funding and Viceroy Capital Funding, and now known as RCG Advances LLC), whose last known place of business is at 111 John Street, Suite 1210, New York, NY 10038; (2) Ram Capital Funding LLC, whose last known place of business is at 111 John Street, Suite 1210, New York, New York, 10038; (3) Viceroy Capital Funding Inc. (also doing business as Viceroy Capital Funding and Viceroy Capital LLC), whose last known place of business is at 40 Wall Street, 28th Floor, New York, New York 10005; (4) Robert Giardina, individually and as principal as of Richmond Capital Group LLC, Ram Capital Funding LLC and Viceroy Capital Funding Inc. whose last known address is 158 Portage Avenue, Staten Island, New York 10314; (5) Jonathan Braun, individually and as a principal of Richmond Capital Group LLC, Ram Capital Funding LLC and Viceroy Capital Funding Inc., whose last known address is 39 Washington Avenue, Staten Island, New York 10314; (6) Tzvi 2 102 of of 12 B _ _ ___ . ___.. ----. ..... _ _ -__--. - -, --, - -- . -- . -.. ..., FILED: INDEX NO. 451368/2020 NYSCEF DOC. NEW NO. YORK COUNTY CLERK 05/06/2024 10:57 AM 924 RECEIVED NYSCEF: 04/11/20 NYSCEF DOC. NO. 965 RECEIVED NYSCEF: 05/06/2024 Reich, also known as Steve Reich, individually and as a principal of Richmond Capital Group LLC, Ram Capital Funding LLC, and Viceroy Capital Funding Inc., whose last known address is 4489 N. Michigan Avenue, Miami Beach, FL 33140; and (7) Michelle Gregg, individually and as a principal of Richmond Capital Group LLC, Ram Capital Funding LLC, and Viceroy Capital Funding Inc., whose last known