FILED: KINGS COUNTY CLERK 02/27/ :21 PM INDEX NO /2012 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 02/27/2018

Transcription

1 OF' SUPREMECOURTOFTHESTATEOFNEW YORK COUNTY OF KINGS x AHMED HIDAIS, JR., Plaintiff, Index No.: 13548/201 -against- NOTICE OF APPEAL INTERVEST NATIONAL BANK. and JP CAPITAL, LLC., Defendants x S I R S: PLEASE TAKE NOTICE that Plaintiff AHMED H1DAIS, JR., hereby appeals to the Appellate Division of the State of New York, Second Judicial Department from Decision and Orders of the Supreme Court of the State of New York. County of Kings, made by the Honorable Genine D. Edwards, Justice Supreme Court, dated November 20, 2017, entered in the Kings County Clerk's Office on November 22, 2017, and that the Plaintiff-Appellant appeals from each and every part of said Order. Dated: Hollis, New York February Yours, etc., SAJiD H. JAFFREY, ESQ. Attorney for Plaintiff Hillside Avenue, Suite 29 Hollis, NY Tel: (212) SajidHJaffrey@gmail.com TO: BRESSLER. AMERY & ROSS, P.C. Attorney for Defendant Bank of the Ozarks, as Successor by Merger to INTERVEST NATIONAL BANK 17 State Street, 34"' Floor New York, New York Tel: (212) 42s-9300 I 1 of 10

2 TOD GilBERT. ESQ. Attorney for Defendant JP.IP CAPITAL LLC a/k/a JG CAPITAL LLC 21 Oak Grave Place New Canaan, Connecticut Tel: (203) of 10

3 FILED KINGS COUNTY CLÈRK 01/26/2Ô PM IN DEX NO / NYSCEF DOC. NO RECEIVED NYSCEF: 02/27/ /26/ S46'2012 Ordergranting surnmary judgment did11/20/17 ;ootn««+ At an IA.S, Trial Term, Part R f the Supreme Court of the State of New 58 1' York, held in and for the 2 County of Kings, at the Courthouse, located at Civie Center, Borough Brooklyn, City and State of New York, on the ay of ~Q 20 $Q P R E S E N T : Justice Ahme w40tsw,sccai.no. Plaindff(s) Index No. \ 3 - against - \<*uvost 9c#onc \ ht Defendant(s) The following papers numbered 1 to read on this motion Papers Numbered Notice of Motion - Order to Show Cause and Affidavits (Affirmations) Annexed... Answering Affidavit (Affirmation) Reply Affidavit (Affirmation)... Affidavit (Affirmation) Pleadings - Exhibits Stipulations - Minutes Filed Papers.. A~/- ace i a~u~~.~g s~~ P~~~+ ~ ~m'r3&a (3Q d ao-m ~. I co 6 o I l~rrrn+oo 1 &~ re& ' MG 4 MB Cler.1s use only I g~p q4gt+ 100tion Se. # T E R EJV-rev J.S.C. EON.GENINED.EDWARDS II Prlnlod, 12/4/ of 10 2

4 INDEX NO /2012 FILED : KINGS COUNTY CLERK 01/26/ :25 PM NYSCEF DOC. NO RECEIVED NYSCEF: 02/27/ /26/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS AHMED HIDAIS, JR., Index No /2012 Plaintiff, NOTICE OF ENTRY - against - INTERVEST NATIONAL BANK, and JP CAPITAL, LLC, Defendants. C O U N S E L : PLEASE TAKE NOTICE that annexed hereto is a true copy of an order made by Justice Genine Edwards on November 20, 2017 and entered by the County Clerk on November 22, Dated: New York, New York January 26, 2018 BRESSLER, AMERY & ROSS, P.C. Attorneys for Defendant Bank of theozarks, as Successor-by-Merger to Intervest Natl. Bank David H. Pikus 17 State Street New York, New York (212) TO: SAJID H. JAFFREY, ESQ. Attorney for Plaintiff Hillside Ave., Ste. 29 Hollis, New York TODD GILBERT ESQ Attorney for Defendant JP Capital 21 Oak Grove Place New Canaan, CT of 10 2

5 $npreme donrt of flie $tate of )Tefu Work : $econh Form A - Request for Appellate Division Intervention See of the rules of this court for directions on the use of this form (22 NYCRR 670.3). - Civil Court of.original instance DateNoticeof AppealFiled For Appellate Division For- CPLR article 78 Proceeding Transferred Proceeding Civil Action 0 Special Proceeding Other O Appeal 0 CPLR 5704 Review O CPLR article 75 Arbitration 0 Habeas Corpus Proceeding O Original Proceeding ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ A. Administrative Review' Review " """",. D. Domestic Relations ' ' " ' ' F. Prisoners ' ' "", I. Torts- Torts 1 Freedom of information Law 0 1 Adoption 0 1 Discipline 3 1 Assault, Battery, False 2 Human Rights 0 2 Attorney's Fees 0 2 Jail Time Calculation Imprisonment 3 Licenses O 3 Children - Support 0 3 Parole 0 2 Conversion 4 Public Employment 0 4 Children - Custody/Visitation 0 4 Other 0 3 Defamation 5 Social Services 0 5 Children - Terminate Parent- 0 4 Fraud 6 Other al Rights G. Real Property 0 5 Intentional Infliction of 6 Children - Abuse/Neglect 0 1 Condemnation Emotional Distress B. Business & Other Relationships '.17 Children - JD/PINS 0 2 Determine Title 0 6 Interference with Contract 1 Partnership/Joint Venture O 8 Equitable Distribution 0 3 Easements 0 7 Malicious Prosecution/ 2 Business 0 9 Exclusive Occupancy of 0 4 Environmental Abuse of Process 3 Religious Residence 0 5 Liens 0 8 Malpractice O 4 Not-for-Profit : 0 10 Expert's Fees 0 6 Mortgages 0 9 Negligence 5 Other 0 11 Maintenance/Alimony 0 7 Partition 0 10 Nuisance 12 Marital Status 0 8 Rent O 11 Products Liability C. Contracts "":. ',::..' ',, 0 13 Paternity 0 9 Taxation 0 12 Strict Liability 1 Brokerage 0 14 Spousal Support 0 10 Zoning 0 13 Trespass and/or Waste 2 Commercial Paper 0 15 Other 0 11 Other 0 14 Other 3 Construction 4 Employment E. Miscellaneous H. Statutory J. Wills & Estates O 5 Insurance O 1 Constructive Trust 0 1 City of Mount Vernon 0 1 Accounting 6 Real Property 0 2 Debtor & Creditor Charter 120, 127-f, or 0 2 Discovery 7 Sales 0 3 Declaratory Judgment Probate/Administration 8 Secured 0 4 Election Law 0 2 Eminent Domain Proced- 0 4 Trusts 9 Other 0 5 Notice of Claim ure Law Other 6 Other 0 3 General Municipal Law Labor Law Public Service Law 128 or 170 O6 Other - - Form A RADI Civil 5 of 10

6 Appeal Paper Appealed From (check one only): Amended Decree 0 Determination 0 Order O Resettled Order Amended Judgment 0 Finding 0 Order 5 Judgment 0 Ruling Amended Order 0 Interlocutory Decree O Partial Decree 0 Other (specify): Decision O Interlocutory Judgment O Resettled Decree Decree O Judgment O Resettled Judgment Court: Dated: County: Entered: Judge (name in full): Index No.: Stage: 0 Interlocutory O Final 0 Post-Final Trial: 0 Yes 0 No If Yes: 0 Jury 0 Non-Jury Prior Unperfected Appeal information Are any unperfected appeals pending in this case? 0 Yes O No. If yes, do you intend to perfect the appeal or appeals covered by the annexed notice of appeal with the prior appeals? 0 Yes 0 No. Set forth the Appellate Division Cause Number(s) of any prior, pending, unperfected appeals: Original. ' Proceeding Commenced by: 0 Order to Show Cause 0 Notice of Petition 0 Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant~ to CPLR 7804(g) Court: County: Judge (name in full): Order of Transfer Date: CPLR 5704 Review of Ex Parte Order Court: County: Judge (name in full): Dated: ~ ' Description of - Appeal, Proceeding or Application ~ and ~ Statement ~ of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of the proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. Amount: If an appeal is from a money judgment, specify the amount awarded. Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review. 6 of 10

7 Issues Continued: Use Form B for Additional Appeal Information ~ e ~ Instructions: Fill in the name of each party to the action or proceeding, one Examples of a party's original status include: plaintiff, defendant, name per line. If this form is to be filed for an appeal, indicate the status of the petitioner, respondent, claimant, defendant third-party plaintiff, third-party party in the court of original instance and his, her, or its status in this court, if defendant, and intervenor. Examples of a party's Appellate Division status any. If this form is to be filed for a proceeding commenced in this court, fill in include: appellant, respondent, appellant-respondent, respondent-appellant, only thr party's name and his, her, or its status in this court. petitioner, and intervenor. No. Party Name Original Status Appellate Division Status of 10

8 ~ ~ ~ Instructions: Fill in the names of the attorneys or firms of attorneys for the provided. respective parties. If this form is to be filed with the notice of petition or order In the event that a litigant represents herself or himself, the box to show cause by which a special proceeding is to be commenced in the marked "Pro Se" must be checked and the appropriate information for that Appellate Division, only the name of the attorney for the petitioner need be litigant must be supplied in the spaces provided. Attorney Type: 0 Retained 0 Assigned 0 Government 0 Pro Se 0 Pro Hac Vice Attorney Type: 0 Retained 0 Assigned O Government O Pro Se 0 Pro Hac Vice Attorney Type: 0 Retained O Assigned 0 Government O Pro Se 0 Pro Hac Vice Attorney Type: 0 Retained 0 Assigned O Government 0 Pro Se O Pro Hac Vice Attorney Type: 0 Retained 0 Assigned O Government O Pro Se 0 Pro Hac Vice Attorney Type: 0 Retained 0 Assigned 0 Government 0 Pro Se 0 Pro Hac Vice '.:. ','::.:.', ",,;,.'",;:,;i'..",.ui'e:forrij Use Form C for Additional Party and/or Attorney Information The use of this form is explained in of the rules of the Appellate Division, Second Department (22 NYCRR 670.3). If this form is to be filed for an appeal, place the required papers in the following order: (1) the Request for Appellate Division ' anyy ' requi'red:,addittienali any: Intervention {Form A, this document), (2) any required Additional Firme' Appeal Information Forms [Form Bl, (3) any required notice of:appeal' Additional Party and Attorney Information Forms [Form C], (4) the notice of appeal or order granting -leave'to to appeal, (5) a copy :.Of'')t'he=:ppa of the paper or papers from which the,appeal or appeals covered in the notice of appeal or order granting' granting leave to appeal IS"O'i'-"a'r'e':takenn,'and'(6),'a',.COpy...Of the,dxecis!onn."or::decis(onsof th'e!'court Of Oiig)nal inatance if aiiy, 8 of 10

9 AFFIDAVI OF SERVICE STATE OF NEW YORK, COUNTY OF / /( f :ss.: I, th undersigned, being duly sworn, say: I am over 18 years of age and have and reside in,jct County, City and State of New York. On day of W lw)a, 2018, I served the within NOTICE OF APPEAL TOGETHER WITH THE FORM A - REQUEST FOR APPELLATE DIVISION INTERVENTION - CIVIL ervice by Mail by mailing a copy to each of the following persons at the last known address set forth after each name below. O Personal Service to be the person mentioned and described in said papers as a On an Individual party therein. O Service by by transmitting a copy to the following persons by faxfax at the Electronic Means telephone number set forth after each name below, or by at the address set forth after each name below, which was designated by the attorney for such purpose, and by mailing a copy to the address set forth after each name. O Overnight by dispatching a copy by overnight delivery to each of the Delivery Service following persons at the last known address set forth after each name below. TO: BRESSLER, AMERY 4 ROSS, P.C. Attorney for Defendant Bank of the Ozarks, as Successor by Merger to INTERVEST NATIONAL BANK 34d1 17 State Street, 34 Floor New York, New York Attn: David H. Pikus, Esq. TOD GILBERT, ESQ. Attorney for Defendant JP CAPITAL LLC a/k/a JG CAPITAL LLC 21 Oak Grave Place New Canaan, Connecticut Sworn to befor me this /' L~l day of, (g '2lhg y,~r s~>ice <<+ <<~vee 0 F'"'I-T'g, S13~8 HOMO <'g~>>45>~" o".=".., a, ~im g~g~ Si'4:P 9 of 10

10 Index Number: 13548/2012 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF KINGS ================================================ AHMED HIDAIS, JR., Plaintiff, - against - INTERVEST NATIONAL BANK, and JP CAPITAL, LLC., Defendants. =========================================================== NOTICE OF APPEAL =================================================== SAJID H. JAFFREY, ESQ. Attorney for Plaintiff-Appellant Hillside Avenue, Suite 29 Hollis, NY Tel: (212) SajidHJaffrey@gmail.com Attorney signature pursuant to Sec a of the Rules of the Chief Administrator of the Courts: Zy'i'k (Jg(~p, Esp, /s/ SA JID H. JAFFREY, ESQ. 10 of 10