PRESENT: J?f7 At a f4 5 Part of the Supreme Court of the State of New York, held in and for the County of Kings, at the Kings County Courthouse, 360 Adams Street, Brooklyn, New York, on the dd day of 49 wmw,2013 co... BLUE RIDGE FARMS, INC., JEFFREY SIEGEL and RICHARD SIEGEL, in their Individual Capacities, and JEFFREY SIEGEL and RICHARD SIEGEL, pursuant to BCL (5 626, as Legal and e\ B eneficial Owners of at Least Five Percent of the Common Shares of CHLOE FOODS COW., Suing in the Right of CHLOE FOODS CORP., X Index No.: 23246-2008,Jc i W -against- Plaintiffs, THOMAS KONTOGIANNIS, ANNETTE APERGI S, CHLOE KONTOGIANNI S, GEORGIA KONTOGIANNIS, LISA DIPINTO, ANDREW THEMIS, JOHN T. MICHAEL, PETER ZAHAKOS, CHLOE FOODS S.A., CHLOE FOODS CORP., ANPERG INC.. 330 1 ATLANTIC AVENUE LLC, BRF ACQUISITION LLC, CROSS ISLAND PLAZA INC., SANDERSON STATE BANK, OLYMPICORP INTERNATIONAL LLC, IDGAF TRUCKING INC, FRESH START DISTRIBUTORS LLC, GREG MARTIN, RAY GEER, COASTAL CAPITAL CORP. dwa CLEARLIGHT MORTGAGE CORP. dba THE MORTGAGE SHOP, EDGEWATER ORDER TO SHOW CAUSE TO COMPEL ANNETTE APERGIS TO TURNOVER DESIGNATED PROPERTY PURSUANT TO CPLR 5225
I - -..- DEVELOPMENT INC., PARKVIEW FINANCIAL CENTER INC., PARKVIEW CENTER INC., CLEAR VIEW ABSTRACT LLC, RAY E. SHAIN, EMC MORTGAGE CORPORATION, PLAZA REAL ESTATE HOLDINGS INC., TED DOUMAZIOS, JUNE SIEGEL, individually, JUNE SIEGEL as Representative of the Estate of SEYMOUR SIEGEL, AMERIVON HOLDINGS LLC, AMERIVON INVESTMENTS LLC, AMERIVON CHLOE ACQUISITION I1 LLC, GERSTEN SAVAGE LLP, JOHN and JANE DOES 1 through 10 and ABC CORPS. 1 through lo, being the fictitious names of individuals and entities whose real names and identities are presently unknown to plaintiffs, UPON READING AND FILING the affirmation of Ahmed A. Massoud, Esq., dated the 1 Sth day of January, 2013, the exhibits annexed thereto, and upon all of the proceedings heretofore had herein, and sufficient cause therefor having been alleged; LET the defendantjudgment-debtor, ANNETTE APERGIS, show cause before this Court, at a 4S Part hereof, to be held in Room 74 Courthouse located at 360 Adams Street, Brooklyn, New York, on the $4 day of djhlmy,2013, at ji2 8.m. in the %.& -noon thereof, or as soon thereafter as counsel can be heard, why an Order should not be made and entered herein, pursuant to CPLR 5 5225: (a) directing and requiring ANNETTE APERGIS, Judgment-Debtor, to turnover and deliver to the Nassau County Sheriff all of the shares of stock and any and -2-
I-- I_L -I all documents evidencing her ownership of any and all interest held by ANNETTE APERGIS in GARDEN MARKET, INC. and 3301 ATLANTIC AVENUE, LLC in her possession, custody andor under her control, or so much thereof as is sufficient to satisfy the judgment entered in the above entitled action in the Supreme Court of the State of New York, County of Kings, on May 17,2012, in the amount of $6,288,756.15, in favor of JEFFREY SIEGEL and RICHARD SIEGEL, Judgment-Creditors; (b) directing the Nassau County Sheriff to sell all of the shares of stock and any and all documents evidencing her ownership of any and all interest held by ANNETTE APERGIS in GARDEN MARKET, INC. and 3301 ATLANTIC AVENUE, LLC, or so much thereof as is sufficient to satis@ the judgment entered in the above entitled action in the Supreme Court of the State of New York, County of Kings, on May 17,2012, in the amount of $6,288,756.15, in favor of JEFFREY SIEGEL and RICHARD SIEGEL, Judgment-Creditors, at a public sale; (c) appointing AHMED A. MASSOUD, ESQ. to act as the attorney-in-fact for ANNETTE APERGIS, Judgment-Debtor, with authority and power to execute and deliver any and all documents necessary to effectuate the turnover and delivery to the Nassau County Sheriff all of the shares of stock and any and all documents evidencing her ownership of any and all interest held by ANNETTE APERGIS in GARDEN MARKET, INC. and 3301 ATLANTIC AVENUE, LLC, and to effectuate the sale of all of the shares of stock and any and all documents evidencing her ownership of any and all -3-
interest held by ANNETTE APERGIS in GARDEN MARKET, INC. and 3301 ATLANTIC AVENUE, LLC, or so much thereof as is sufficient to satis@ the judgment entered in the above entitled action in the Supreme Court of the State of New York, County of Kings, on May 17,2012, in the amount of $6,288,756.15, in favor of JEFFREY SIEGEL and RICHARD SIEGEL, Judgment-Creditors; and, (d) permitting PlaintiffdJudgment-Creditors JEFFREY SIEGEL and RICHARD SIEGEL to bid all or part of that certain judgment entered in their favor against ANNETTE APERGIS in the above entitled action in the Supreme Court of the State of New York, County of Kings, on May 17,2012, in the amount of $6,288,756.15 at a public sale of the shares of stock and any and all documents evidencing her ownership of any and all interest held by ANNETTE APERGIS in GARDEN MARKET, INC. and 3301 ATLANTIC AVENUE, LLC; and, (e) granting JEFFREY SIEGEL and RICHARD SIEGEL, Judgment-Creditors, such other and further relief as this Court may deem just and proper; and it is further, ORDERED, that, pending the hearing of the instant application, ANNETTE APERGIS and all persons acting on her behalf, at her direction or for her benefit are hereby restrained from alienating, encumbering, selling, assigning, transferring, or otherwise disposing of any and all of the shares of stock and any and all documents evidencing ownership of any and all interest held by said ANNETTE APERGIS in GARDEN MARKET, INC. and 3301 ATLANTIC AVENUE, LLC, which is in her 8 0 c -4-
- - possession, custody or under her control, or taking any action which is calculated or tended to divest this Court of jurisdiction. Sufficient cause being alleged, let service of this Order to Show Cause, together J with all of the papers upon which it is based, shall be deemed good and sufficient if made ENTER: -5-