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Labor: Fair Standards | New York Southern
Order
MEMORANDUM DECISION AND ORDER DENYING MOTION BY DEFENDANT ANTHONY CAPECI TO VACTE THE RESTRAINING NOTICE IMPOSED ON TD BANK ACCOUNT denying 192 Motion to Vacate. 5. Because Defendant has no ability to proceed under CPLR 5222-a, his motion for the imposition of attorney's fees in accordance with CPLR 5222-a(g) is DENIED WITH PREJUDICE. 6. Objections to the court's jurisdiction over any new action that may be commenced in this court pursuant to CPLR 5539, if any, may be filed by any party in such new proceeding. Obviously if a new proceeding is brought in the New York State Supreme Court, this directive ceases to be of any force or effect. 7. Until such time as Capeci brings on a proper proceeding to release exempt funds pursuant to CPLR 5539. the restraint on all funds contained in TD Bank Account 4437855426 shall continue in full force and effect. The motion at Dkt. #192 is DENIED for the reasons stated in the May 19 order and in this order, with prejudice as to the restraint on the entire account and without prejudice to the extent of the restraint on any portion of the account that consists of statutorily exempt funds. The Clerk of Court shall remove the motion at Dkt. # 192 from the court's list of open motions. This constitutes the decision and order of the court. It is a written decision. (Signed by Judge Colleen McMahon on 7/8/2026) (mml)
Set/Reset Deadlines
Set/Reset Deadlines: Fact Discovery due by 7/8/2026. (ar)
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