FILED: NEW YORK COUNTY CLERK 08/03/ :27 PM INDEX NO /2015 NYSCEF DOC. NO. 527 RECEIVED NYSCEF: 08/03/2017

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1 FILED: NEW YORK COUNTY CLERK 12:27 PM INDEX NO /2015 NYSCEF DOC. NO. 527 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x THE CITY OF NEW YORK, : Plaintiff, : Index No /2015 (Hon. James d Auguste) -against- NYC MIDTOWN LLC d/b/a 5 th Avenue Suites and WEST 46 TH STREET APARTMENTS; NY CITY STAY LLC; ERAN SUKI; BENZION SUKY; SALIM ASSA; 15 WEST 55 TH ST. PROPERTY LLC; THE LAND AND BUILDING KNOWN AS 15 WEST 55 TH ST., BLOCK 1271, LOT 27, County, City and State of New York; 19 WEST 55 TH ST. PROPERTY LLC; THE LAND AND BUILDING KNOWN AS 19 WEST 55 TH ST., BLOCK 1271, LOT 25, County, City and State of New York; ARBOR REALTY PARTICIPATION LLC; WEST 46 TH STREET INVESTORS LLC; THE LAND AND BUILDING KNOWN AS 334 WEST 46 TH ST., BLOCK 1036, LOT 47, County, City and State of New York; THE LAND AND BUILDING KNOWN AS 336 WEST 46 TH ST., BLOCK 1036, LOT 48, County, City and State of New York; DIRECT REALTY, LLC; U.S. BANK NATIONAL ASSOCIATION; JOHN DOE and JANE DOE, numbers 1 through 20, Defendants. : : : : NOTICE OF APPEAL x Please take notice that Defendants, SALIM ASSA; 15 WEST 55 TH ST. PROPERTY LLC; THE LAND AND BUILDING KNOWN AS 15 WEST 55 TH ST., BLOCK 1271, LOT 27, County, City and State of New York; WEST 46 TH STREET INVESTORS LLC; and THE LAND AND BUILDING KNOWN AS 334 WEST 46 TH ST., BLOCK 1036, LOT 47, County, City and State of New York (the Owner Defendants ), hereby appeal to the Appellate Division of the New York State Supreme Court, First Judicial Department, from the order of Hon. James d Auguste dated July 31, 2017 and duly entered in the office of the Clerk of New York County on July 31, of 63

2 FILED: NEW YORK COUNTY CLERK 12:27 PM INDEX NO /2015 NYSCEF DOC. NO. 527 RECEIVED NYSCEF: (NYSCEF Doc. No. 515), which order granted the motion for civil contempt filed by the City of New York; granted the motion for a temporary receiver filed by the City of New York; granted the motion to quash the subpoenas of Krzstztof Parczewski and Ervin Santiago filed by the City of New York; and denied the Owner Defendants motion to enjoin the hearing from proceeding and staying the proceeding, pursuant to CPLR 2201, and also denying, in the alternative, the Owner Defendants motion bifurcate the hearing such that the criminal contempt proceeding would occur before the civil contempt proceeding, and each and every part thereof, which Decision and Order is annexed hereto. Dated: August 2, 2017 Brooklyn, New York By: Anthony J. Genovesi, Jr. ABRAMS FENSTERMAN, FENSTERMAN, EISMAN, FORMATO, FERRARA, WOLF & CARONE, LLP 1 Metro Tech, Suite 1701 Brooklyn, New York (718) Attorneys for Owner-Defendants 2 of 63

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63 FILED: NEW YORK COUNTY CLERK 07/31/ :43 12:27 PM INDEX NO /2015 NYSCEF DOC. NO RECEIVED NYSCEF: 07/31/ of 163