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ESTATE OF ARF Trust

ESTATE OF ARF Trust, (2009/I/18MS) — In captioned contempt proceeding, petitioner (the current trustee of captioned trust) seeks an injunction restraining the depositories holding funds in the name of the Horowitz Consulting Group ("HCG"). It is petitioner's contention that respondent is the "sole and controlling member of HCG" (Reilly Affirmation, p.2, ¶3), and is paying his living and personal expenses through HCG in order to avoid petitioner's enforcement efforts. In the absence of opposition, the motion is granted.

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ESTATE OF ARF Trust, (2009/I/18MS) — In captioned contempt proceeding, petitioner (the current trustee of captioned trust) seeks an injunction restraining the depositories holding funds in the name of the Horowitz Consulting Group (“HCG”). It is petitioner’s contention that respondent is the “sole and controlling member of HCG” (Reilly Affirmation, p.2, ¶3), and is paying his living and personal expenses through HCG in order to avoid petitioner’s enforcement efforts. In the absence of opposition, the motion is granted.

The underlying proceeding is a contempt proceeding involving the respondent trustee’s amended accounting. The parties had entered into a stipulation settling the trustee’s contested accounting, agreeing to withdraw objections to the accounting upon respondent’s payment of $3,000,000. This was memorialized in a decree of this court dated March 17, 2014. As alleged in the underlying contempt proceeding, respondent has failed to pay any portion of this sum. Respondent’s answer to the application for contempt asserts, inter alia, that his failure to pay is not willful or contemptuous, but that he finds it impossible to satisfy the accounting decree or the terms of the aforementioned stipulation. As indicated, respondent has not appeared in opposition to this motion for injunctive relief.

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