FILED: NEW YORK COUNTY CLERK 06/01/ :43 PM INDEX NO /2014 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 06/01/2017

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2 BOND & NGNECK April 4, 2017 Hon. Milton Tingling New York County Cierk and Clerk of Supreme Court Courthouse 60 Centre Street New York City, NY One Lincoln Center ~ Syracuse, NY ~ bsk.com PHILIP I. FRANKEL, ESQ. pfrankel@bsk.com P: F: Re: Southern Wine &Spirits of New York, lnc. v. Vitis LLC and Michael Grady, Individually Index No.: /2074 Dear Mr. Tingling: This office represents Southern Wine &Spirits of New York, Inc., and we have been attempting to file a Judgment in this matter for almost two (2) years. This entire process is frustrating and we have invested a tremendous amount of time to try to resolve this. We have received repeated rejections of the judgment, and each time have responded to the deficiency. Our proposed Order and RJI were filed on September 22, However no judge has been assigned. We have repeatedly sent requests for updates and have attempted to call the Clerk's office, but no one answers, and no one has responded to our letters and s. Please look into this matter and assist us in getting these papers to a judge as soon as possible. If you have any questions, please call me at (315) Very truly yours, BON, SC OENECK & ING, PLLC Ph lip I. Frankel PIF:mm Enclosures cc: Southern Wine Glazer of New York Inc. Attorneys At Law (A Professional Limited Liability Company /4/2017

3 ~QN D & NG NECK One Lincoln Center ~ Syracuse, NY ~ bsk.com March 31; 2015 New York County Clerk's Office Courthouse 60 Centre Street New York City, NY PHILIP I. FftANKEL, ESQ. pfrankel@bsk.com P: F: Re: Southern Wine &Spirits of New York, Inc. v. Vitis LLC and Michael Grady, Individually Index No.: /2074 Dear Sir/Madam: This office represents Southern Wine &Spirits of New York, Inc. Enclosed please find our Request for Judicial Intervention in Triplicate, and our proposed Ex Parte Order and Affirmation Awarding Judgment regarding the above matter. We attempted to file the Order and Affirmation online, however, it was rejected, and per the Glerk's (Steven Posner) instructions, we are submitting hard copies to your office for submission to the appropriate Justice for review and signature. The fees of $95.00 and $45.00 were paid online with our firm's Visa. Please forward the enclosed documents to the Supreme Court Clerk. We request the Supreme Court clerk present the proposed Order and Affirmation to the appropriate Justice for review and signature. After the Order has been signed, please return the same in the enclosed self-addressed, stamped envelope. If you have any questions, please contact the undersigned at (315) Thank you for your assistance. Very truly yours, BOND, SC ECK & KI, PLLC Philip I. Frankel PIF:mm Enclosures Attorneys At Law ~ A Professional Limited Liability Company /31!2015

4 BCJND& KiNGNECK One Lincoln Center ~ Syracuse, NY ~ bsk.com January 12, 2017 Mr. Manual J. Tavarez Clerk New York County Courthouse 60 Centre Street New York City, NY MARIA MUSOLINO Paralegal mmusolino@bsk.com P: F: Re: Southern Wine &Spirits of New York, Inc. v. Vifis LLC and Michael Grady, Individually Index No.: /2074 Dear Mr. Tavarez: This office represents Southern Wine &Spirits of New York, Inc. Enclosed is a copy of our proposed Order for Awarding Judgmenfi regarding the above matter, processed on September 22, To date, the Order has not been signed. Please check your records and provide us with an updated status on the bottom of this letter, and return the same in the enclosed selfaddressed, stamped envelope. If you have any questions, please contact the undersigned at (315) Thank you for your assistance. Very truly yours, BO D, SCHOENECK &KING, PLLC c Maria Musolino Paralegal Enclosures Rttomeys At law ~ A Professional Limited Liability Company /12/2017

5 BEQUEST FOR JUDICIAL INTERVENTION UCS-840 (3/2011) SUPREME Index No: /2014 COURT, COUNTY OF NEW YORK Date Index Issued: 05/Q9/2014 Por Court Clerk Use Only:,:....;::.~;;<: Ente~~the, complete. case: caption: Do not use~et~apor'et:ana;'`l#'mope's ace:ts.;'. ;: _:.:.`.,,.~~ s,....,...reanired::a~tac~~a caatfon rideysheet.. _... ~ ::~.~,... Southern Wine &Spirits of New York, inc. Vitis LLC and Michael Grady, Individually,~N~ti,,;,Uf~~CSF:~AC:~f,;10N OR PROCEEDING :~ :Check ONE boxontyantl sp~cifywfi'ereindi`cated. '.....,....,. TRiMONIAL COMMERCIAL. Business Entity (including corporations, partnerships, LLCs, etc.) Contract NOTE: For all Matrimonial actions where the parties have children under Insurance (where insurer (s a party, except arbitration) the age of 18, complete and attach the MATRIMONIAL RJI Addendum. UCC (including sales, negotlabie instruments) Other Commercial: Other Implant ~I, Dental, or Podiatric Malpractice Vehicle Professional (specify) (specify) ~speciry> ~spac~ry~ ~SP~fY) OTHER MATTERS Certificate of Incorporation/Dissolution [see NOTE under Commercial] 'i~emergency Medical Treatment Habeas Corpus Local Court Appeal Mechanic's Lien Name Change Pistol Permit Revocation Hearing Sale or Finance of Religious/Not-for-Profit Property Other. (spe~ify) (VOTE: For Commercial Division assignment requests [22 NYCRR (dyJ, complete and attach the COMMERCIAL DIV RJI Addendum. HEAL PROPERTY: How many properties does the application include? Condemnation '~Foreciosure Property Address: SUeetAddresa Cily State Zip NOTE: For Foreclosure actions involving aone- to four-family, owneroccupied, residential property, or an owner-occupied condominium, complete and attach the FORECL05URE RJI Addendum. Tax Certiorari -Section: Block: Lot: Other Real Property: (spegfy) SPECIAL PROCEEDINGS CPLR Article 75 {Arbitration) [see NOTE under Commercial] OCPLR Article 78 (Body or Officer) Election Law MHL Article 9.60 (Kendra's Law) MhiL Article T 0 (Sex Offender Confinement-initial) ~MHL Article 10 (Sex Offender Confinement-Review) ~MHL Article 81 (Guardianship) ~ Other Menta{ Hygiene: (weary) ~8~~~~ Other Special Proceeding: Has a summons and complaint or summons w/notice been filed? ~ if yes, date filed: M8y 9, 2014 Is this action/proceeding being flied post judgment? ~ if yes, judgment date;

6 Infant's Compromise Note of Issue and/or Certificate of Readiness Notice of Medical, Dental, or Podiatric Malpractice Date Issue Joined: Notice of Motion Relief Sought:,!+!!emate Service Notice of Petition RBUef Sought:. /u~emate Service Order to Show Cause Relief Sought:, aicarna~e service Other Ex Parte Application Relief Sought:, ~uegment-oe(auit Poor Person Application Retum Date: Retum Date: Retum Date: ~$yiit>$: vi ~: vii':i::iu: j vv:i~'vnv.~i Residential Mortgage Foreclosure Settlement Conference Writ of Habeas Corpus Other (specify):... List an.related actions. For Matrimbriia(`actions; include~anjr:related.,criminal;ancl/oc;~amily Gourf cases RELATED CASES:. <.-,..::.. y Ifadd(f~dnal.s' ade is;:tequi~ed,complete:and'attacfi~the.f~j1 Addendum ;If.none, ~e~ve bla k::~ Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case If ddditioh~i s~ace~ Ps `r8qulretl, complete and:'sttacf~ the. RJI~Actdendum<'. PARTIES: ~ 'fat ~rtie~ witfi`out: ~r~.attoriie,check "Un-Rep. tiox ANt~' enter pa ~~','address, phq~e number and.e.maf(address,(n :Attotrt~ys :spaca.., Parties: Attorneys: Issue ~~- List parties in caption order and Rep provide name, firm name, defendant; business address, phone number and Joined Insurance Carrier(s): indicate party roles) (e.g. address of all attorneys that have appeared in the case. (Y/N): 3rd-party ptaintiffl. SuuRiern Wine &Spirits of New Yuik, i~~c. Frankel Philip i. Leat Name last Name First Name ~/""t, Es Bond, Schoeneck &King, PLLC ~T Firet Name Firm Name Pda~x~y Rule: Q1~1Ea. ~~~~(i~~l~ CiP. ~~tec Plaintiff 5treetnddress CRy state zip Secondary Role (1f any); 3~ S.Z~ S.$ ~ pfrankel@bsk.com ONO VitiS LlC Phone Fax e matl Lass Nurna Last Nama First Name f"~,es \..J Ptwt Name Flrm Name Primary (tole: ~?f?nden+ Street Address Gity State Zlp Secondary Rde (ff anyj: 410 Mamaroneck Avenue MBmaroneCk NY ~~ Grady Phone Fax a-mall Last Name Last Name Flrat Name f~,e$ Michael ~ J7 First Name Finn Name Primary Role: Street Address City $fate Zip /"ENO Saco~dary Role (If anyj: 230 East 61st Street. 3rd FI. New York NY v Phone Fax Laat Name Last Name Flrst Neme.J"'1 ES `, f T a First Nama Flrtn Hame Primary Role: StreetAddrcss City State Zip,.j"'~ O Secondary Role (If any): ~..~ry Phone Fax 1 AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. %~ Dated: March 6, 2015 ~ ~.,.,~ /~'~~ IGNATURE Philip i. Frankel ATTORNEY REGISTFtATtON NUMBER PRINT OR TYPE NAME Print Form.. :, '= ~~

7 STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK SOUTHERN WINE &SPIRITS OF NEW YORK, 1NC., ORDER u Plaintiff, Index No.: /2014 VITIS LLC AND MICHAEL GRADY, INDIVIDUALLY, Defendants. Upon reading the affirmation of Philip I. Frankel, Esq., sworn to on February , anc! upon all other pleadings and proceedings heretofore filed and had herein, it appearing that the complaint was filed in this case, that the summons and complaint were duly served upon the Defendants, Vitis LLC and- Michael Grady, and no answer or other pleading have been filed by said Defendants as required by law; and Plain#iff being entifiled to judgment against Defendants; and after due deliberation and consideration of all of the facts and circumstances herein; Now, upon request of the Plaintiff, default is hereby entered against the Defendants, Vitis LLC and Michael Grady, and it is hereby ORDERED, that the County Clerk of New York County shall enter Judgment without delay in the above-entitled action in favor of Plaintiff and against Defendants, Vitis LLC and Michael Grady, in the amount claimed, $21,117.17, plus current service charges in the amount of $3,749.02, and casts and disbursements of $540.00, amounting in all to a Judgment for Plaintiff in the sum of $25,406.19; and it is further ORDERED, that this Court retains jurisdiction for the purpose of enabling Plaintiff to apply to this Cau~t far any such further orders and directions as may be necessary ,1

8 and appropriate for the enforcement of, or compliance with, this Order and the Judgment entered herewith. E NTER Dated: New York, New York J.S.C