The following e-filed documents, listed by NYSCEF document number (Motion 011) 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 277, 280, 287, 288, 291, 292 were read on this motion to/for CONTEMPT. DECISION + ORDER ON MOTION Upon the foregoing documents, PJSC National Bank Trust (the Judgment Creditor)’s unopposed motion (Mtn. Seq. No. 011) to hold Willy Cancel, Jr., in civil contempt is granted solely to the extent that Mr. Cancel shall appear at a deposition and provide the requested documents within the next 45 days or he will be in civil contempt and subject to the penalties set forth in the Judgment Creditor’s motion. The facts of this case, including Ms. Pirogova’s extensive efforts to avoid paying the judgment entered against her by concealing her whereabouts, were discussed in detail in a prior Decision and Order of this Court dated July 25, 2024 (the Prior Decision, NYSCEF Doc. No. 281). Familiarity is presumed. Briefly, and as discussed in the Prior Decision, when the Judgment Creditor sent an investigator to 271 Garderville Road, New Hampton, New York 10958, an address believed to potentially be that of Ms. Pirogova, they encountered Mr. Cancel who indicated that he was a resident of that address (NYSCEF Doc. No. 272). On April 24, 2024, the Judgment Creditor issued a post-judgment subpoena to Mr. Cancel, requiring him to sit for a deposition and produce documents (the Cancel Subpoena; NYSCEF Doc. No. 264). Service was effected on April 25, 2025 (NYSCEF Doc. No. 265). Subsequently, on May 6, 2024, Mr. Cancel appeared for a deposition, without the requested documents, but refused to testify for more than an hour (NYSCEF Doc. No. 263 25). To accommodate Mr. Cancel, the Judgment Creditor agreed to postpone his deposition until May 10, 2024. When Mr. Cancel appeared at this rescheduled deposition, he again refused to testify — this time indicating that he needed a lawyer (id. 26). As an accommodation, the Judgment Creditor once again agreed to postpone Mr. Cancel’s deposition. This time the deposition was rescheduled until May 14, 2024 (id.). One day before this third rescheduled deposition, Mr. Cancel informed the Judgment Creditor he would not appear (id. 27). The Judgment Creditor again agreed to offer Mr. Cancel additional accommodation, postponing his deposition until May 17, 2024 (so that Mr. Cancel could find a lawyer) informing Mr. Cancel that the Judgment Creditor would seek an order compelling his appearance and for sanctions if he did not attend (id. 28). Mr. Cancel never replied, and to date has not appeared for a deposition or produced the documents requested in the Cancel Subpoena (id.
