FILED: NEW YORK COUNTY CLERK 02/01/ :25 PM INDEX NO /2014 NYSCEF DOC. NO. 583 RECEIVED NYSCEF: 02/01/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOAN C. LIPIN, Index No /2014 v. Plaintiff, Hon. Shlomo S. Hagler, J.S.C. Part 17 DANSKE BANK, DAVID E. HUNT, ULF BERGQUIST, EVELYN F. ELLIS, JOSEPH R. MAZZIOTTI, DANA A. SAWYER, KRAININ REAL ESTATE, ANN SUSAN MARKATOS, ROBERT GARY LIPIN, DAVID A. BERGER, ALLEGAERT BERGER & VOGEL LLP, MARK K. ANESH, AND DEBORAH LOVEWELL, NOTICE OF MOTION TO STAY THE MARCH 14, 2018 JHO/SPECIAL REFEREE HEARING ON ATTORNEY S FEES Defendants. PLEASE TAKE NOTICE THAT, Joan C. Lipin, the plaintiff herein, will move this Court, under CPLR 2201, (d), at Motion Submission Part, Room 130, of the New York Supreme Court, New York Courthouse, located at 60 Centre Street, in New York, New York, on the 22nd day of February, 2018, at 9:30 a.m., or as soon thereafter as the parties may be heard, for the entry of an Order to stay, sine die, Referee Hearing on attorney s fees that is presently scheduled for March 14, The requested relief should be granted under the Due Process Clause of the Fourteenth Amendment of the Constitution of the United States because plaintiff s Motion Sequence Number 018, on January 16, 2018, to Vacate, and enter Default Order and Judgment against each Defendant, Sequence No. 018 (Doc No. 576), is presently pending in this Court, and also because plaintiff s filed a pending Notice of Appeal (Doc No. 575) on January 23, 2018, from the Decision and Order dated January 9, 2018, and filed on January 11, 2018 (Doc No. 573), and also pending Amended Notice of Appeal from (Doc No. 580) on January 23, Plaintiff filed Objections in Point of Law (Doc 581), annexed hereto as Exhibit 1, to the petition filed on behalf of defendant Mark K. Anesh (Doc No. 578), who is subject to treble damage 1 1 of 14

2 liability, personally, under Section 487 of the New York Judiciary Law, but not defendant Mazziotti, because defendant Anesh and his law firm are not authorized to appear on behalf of that non-resident defendant, as a result of their failure to comply with the mandatory notice of appearance requirements under CPLR 322(b), and also because defendant Anesh and his law firm are not authorized to represent defendant Mazziotti, as a result of their failure to comply with New York law, 22 NYCRR This Court is required to conduct an evidentiary hearing, and discovery on the aforesaid issues but it has failed to do so, and thereby violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The improper referee hearing on attorney s fees that is presently scheduled for March 14, 2018, about which plaintiff received notice on January 29, 2018 (Doc No. 582) (motion sequence number 017), after she had filed her Motion to Vacate, and enter Default Order and Judgment against each Defendant, Sequence No. 018, and her Notice of Appeal, and Amended Notice of Appeal, therefore is required to be stayed, sine die, by this Court under the recent holdings of the United States Supreme Court in U.S., Rippo v. Baker, 197 L. Ed. 2d 167 (Mar. 6, 2017), and Lacaze v. Louisiana, U.S., 138 S. Ct. 60 (Oct. 2, 2017). Plaintiff therefore respectfully requests an Order to stay the attorney s fees hearing that is presently scheduled for March 14, PLEASE TAKE FURTHER NOTICE THAT, plaintiff respectfully requests such other and further relief, as may be justice and equitable, including costs. 2 2 of 14

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9 FILED: NEW YORK COUNTY CLERK 01/24/ /01/ :13 05:25 PM INDEX NO /2014 NYSCEF DOC. NO RECEIVED NYSCEF: 01/24/ /01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOAN C. LIPIN, Index No /2014 Plaintiff, Hon. Shlomo S. Hagler, J.S.C. Part 17 v. RESPONSE OF PLAINTIFF DANSKE BANK, DAVID E. HUNT, ULF BERGQUIST, TO THE FALSE, DECEITFUL, EVELYN F. ELLIS, JOSEPH R. MAZZIOTTI, DANA A. AND FRAUDULENT DOCUMENT SAWYER, KRAININ REAL ESTATE, ANN SUSAN FILED BY ATTORNEY EHRLICH MARKATOS, ROBERT GARY LIPIN, DAVID A. BERGER, (DOC NO. 578) IN VIOLATION ALLEGAERT BERGER & VOGEL LLP, MARK K. ANESH, OF SECTION 487 OF THE AND DEBORAH LOVEWELL, NEW YORK JUDICIARY LAW Defendants. On January 22, 2018, attorney Jordan A. Ehrlich willfully, knowingly, purposefully, and intentionally filed a document entitled "New York County Supreme Court - Special Referee Calendar (Part SRF) Information Sheet" (Doc No. 578), with personal knowledge that the aforesaid document is false, deceitful, and fraudulent, and that it also violates Section 487 of the New York Judiciary Law, under which attorney Ehrlich is subject, personally, to treble damage liability to plaintiff Joan C. Lipin, who is the undersigned. Attorney Ehrlich filed the aforesaid document with personal knowledge that plaintiff had filed a "Notice of Appeal" on January 12, 2018 (Doc No. 575), from the decision and order of Justice Hagler dated January 9, 2018, and filed on January 11, 2018 (Doc No. 573). Also, on January 16, 2018, plaintiff filed a "Notice of Motion to Vacate, and Enter Default Order and Judgment against each Defendant" (Doc No. 576), with a Return Date of February 22, 2018, as shown in the record herein. The false, deceitful, and fraudulent statements made by attorney Ehrlich, with scienter, that are contained in Document No. 578, Exhibit 1 annexed hereto, are set forth below: 1 91 of 14 4

10 FILED: NEW YORK COUNTY CLERK 01/24/ /01/ :13 05:25 PM INDEX NO /2014 NYSCEF DOC. NO RECEIVED NYSCEF: 01/24/ /01/ Attorney Ehrlich's statement that "pro se plaintiff refused to consult" is false and fraudulent. 2. Attorney Ehrlich's statement "counsel only" is misleading, and intended to deceive because pro se defendant Allegaert Berger 4 Vogel LLP, a New York registered limited liability partnership, and defendant David A. Berger, and partner Lauren J. Pincus are not authorized to settle, or stipulate, or dispose, or appear, or represent non-resident defendants David E. Hunt, Ulf Bergquist, Evelyn F. Ellis, Dana A. Sawyer, Krainin Real Estate, Robert Gary Lipin, and Deborah Lovewell, or defendant Ann Susan Markatos, who is a resident and citizen of the State of New York, as a result of their failure to comply with the mandatory CPLR 322(b) notice of appearance requirements, and also because of their failure to comply with New York Law under 22 NYCRR , regarding Retainers or Engagement Letters. 3. In addition, attorney Ehrlich, and his law firm, Lewis Brisbois Bisgaard & Smith LLP, and defendant Mark K. Anesh, who is a partner therein, are not authorized to settle, or stipulate, or dispose, or appear, or represent non-resident defendant Joseph R. Mazziotti because of their failure to comply with the mandatory CPLR 322(b) notice of appearance requirements, and also because of their failure to comply with New York Law under 22 NYCRR , regarding Retainers or Engagement Letters. 4. Defendant Anesh is a supervisor of attorney Ehrlich and therefore is subject, personally, to liability under the doctrine Respondeat Superior, and also Section 487 of the New York Judiciary Law for approving the filing of the aforesaid document by his subordinate attorney Earley on January 22, 2018 (Doc No. 578). 5. In addition, attorney Francis J. Earley and his law firm Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., are not authorized to settle, or stipulate, or dispose, or appear, or represent non-resident defendant Danske Bank because of their to comply with the mandatory CPLR 322(b) of 414

11 FILED: NEW YORK COUNTY CLERK 01/24/ /01/ :13 05:25 PM INDEX NO /2014 NYSCEF DOC. NO RECEIVED NYSCEF: 01/24/ /01/2018 notice of appearance requirements, and also because of their failure to comply with New York Law under 22 NYCRR , regarding Retainers or Engagement Letters. 6. The statements by attorney Ehrlich under the headings "Number of Witnesses to be Called by All Counsel: none - counsel only"; "Estimated Time Needed for Entire Hearing: minutes"; and "Phone: Unknown" are violative of Section 487 of the New York Judiciary Law. 7. In addition, the record herein shows that the telephone number of plaintiff is set forth in each document she has filed in the above entitled litigation affecting real property affecting real property that she commenced in this Court January 30, 2014 (Doc No. 1). 8. Also, on January 23, 2018, plaintiff filed an Amended Notice of Appeal (Doc No. 580), as shown in the record herein. Dated: New York, New York January 23, 2018 Respectfully submitted, Joan C. I/pin 89th 45 East Street Apartment 14 6 New York, New York (212) ; jelipin(a aol.com Plaintiff Pro Se of 414

12 FILED: NEW YORK COUNTY CLERK 01/24/ /01/ :13 05:25 PM INDEX NO /2014 NYSCEF DOC. NO RECEIVED INDEX NYSCEF: 01/24/ /01/2018 FILED: NEW YORK COUNTY CLERK 01/22 NO /2 014 / :37 PM NYSCEF DOC. NO. 578 RECEIVED NYSCEF: 01/22/2018 NEW YORK COUNTY SUPREME COURT- - SPECIAL REFEREE CALENDAR (PART SRP) INFORMATION SHEET Title of Action: OOt's b Î ~ ~ -ÍÓrs v. ES o{ Index No.: I 50WD Issues Referred: r P.c i 9cx omiff thuc ), e. to PÄ odtor /" IMPORTANT: IN 0RDER THAT THIS MATTER MAY BE ASSIGNED EFFICIENTLY TO A JUDICIAL HEARING OFFICER/SPECIAL REFEREE, ALL COUNSEL MUST CONSULT ONE ANOTHER AND PROVIDE THE FOLLOWING ESSENTIAL INFORMATION AS ACCURATELY AS POSSIBLE: Lyt 0 it Estimated Time Needed for Entire Hearing: dû SD Mh&Á FS i'i"n gh<ii Number of â Witnesses to be Called by All Counsel: 5 f\ f,0vnq Î n Is an interpreter of a language other than Spanish required? No Yes (Language ) If a matrimonial case, has custody been resolved? : YesYes NoNo Not Applicable If a matrimonial case, has there ever been, or is there now, an order of protection in effect? : Yes _NoNo of Applicable If yes, date of expiration: i- Attorney for Pla f itioner.;> \JMS n s\w ouq Address: \¾-((* Qffg c co New yari (c N (state> imin <Zip> Phone: 00 ty, dfiib,. i5ÿ>(c o 'I. (pv\ Fax: 0 Attorney for s fô (n h Address: 6 W 0'1 ~. M Cr fn (City) (State) Phone:. dwes 3 (, L, l0 3- ;rs o. pm p (Zip) Fax: Please submit this form (with additional pages if needed to identify other counsel), with a copy of the Order of Reference, as soon as possible after issuance of that Order and in any event within 15 days of the date thereof, to the Special Referee Clerk by fax ((212) ) or (spref@nycourts.gov). You will be notified of the date and time of the hearing or, if the court has ordered such, the prehearing conference. Cases are assigned to a Judicial Hearing Officer/Special Referee on the original appearance date in Part SRP and the hearing or, if the Order of Reference directs a prehearing conference, the conference will commence on that date. Except where a prehearing conference is directed, counsel must appear with witnesses and evidence, and be prepared to proceed with the hearing, on the Il' original date. If a conference is ordered, the hearing date will be fixed at the conference. See the Rules of the Special Referees Part for information about adjournments (which are limited) and other relevant matters. See also the Uniform Rules of the Judicial Hearing Officers and Special Referees. Please direct all inquiries to the Special Referee Clerk by phone ( ) or e- mail (address above). wa 6 of of 414

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