Certification STATE OF NEW YORK, COUNTY OF NEW YORK, SS: I, Milton Adair Tingling, County Clerk and Clerk of Supreme Court New York County, do hereby certify that on May 17, 2018 have compared the document attached hereto, 30372912016 ORDER OF COMMITMENT filed page(s) 1-5. with the originals filed in my office and the same is a correct transcript therefrom and of the whole of such original in witness whereto have affixed my signature and seal. 9 far fj/ 54:19 a. MILTON ADAIR LING NEW YORK COUNTY CLERK 0 30372912016 ORDER OF COMMITMENT 399 1 o! 5 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY E. HOFFMAN. 31.5.9. PABT ZOHAH ABIKZER COHEN. INDEX NO. 303729/2015 Plaintiff, .. . ORDER OF COMMITMENT ASHLEY KANDEL, Defendant; I The People of the State of New York To: MA), I 72 The Warden of the Civil Jail and the Sheriff of the City of New York Nails?k's WHEREAS, 1. A hearing for contempt of ZOHAR ABIKZER COHEN was noticed by Order to Show Cause for March 12, 2018 at 2:00 pm, seeking to hold ZOHAR ABIKZER COHEN in contempt of court pursuant to Judiciary Law for his failure to comply with this Court?s orders, including the October 27, 2017 order entered on February 9, 2018; and 2. That Order to Show Cause for March 12, 2018 at 2:00 pm stated in a font at least 14 points high: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT OF and 3. Counsel for the Defendant has provided this Court with proof of service of said Order to Show Cause, and Page 1 of 5 Filmed 3?71'2018 32' m6 OR 30 292? DER 0 COM .1 - Page 2 at 5 4. ZOHAR KZER COHEN, who was pigs; at that time, reached out to the Court and other counsel and requested an adjournment from March 12, 2018, stating that he will be out of the country that week, 5. Retained counsel for ZOHAR ABIKZER COHEN then appeared in this action and consented to an adjournment to March 21, 2018 at 9:30 am, time certain; 6. Counsel for ZZOHAR ABIKZER COHEN appeared in Court on March 21, 2018 at 9:30 but ZOHAR ABIKZER COHEN did not himself appear; 7. With all counsel present and on consent of all counsel, Court selected April 17, 2018 at 10:00 am. time cer-zain as the adjourn date for the contempt motion and hearing, and issued a Stayed Warrant for ZOHAR ABIKZER COHEN to appear on that April 17, 2018 date, copies of NOTICE OF STAYED WARRANT ORDER was issued on March 29, 2018 and provided to all counsel and plaintiff; 8. On or about April 12, 2018, attorney for ZOHAR ABIKZER COHEN reached out to the Court and other counsel and requested an adjournment of the April 17, 2018 date, but there was no consent and no adjournment was granted; 9. On or about April 12, 2018, attorney for ZOHAR ABIKZER COHEN reached out to the Court and other counsel and requested a visit with the parties' child for ZOHAR ABIKZER COHEN for Sunday, April 15, 2018 in the New York area; 10. On or about April 16, 2018, ZOHAR ABIKZER COHEN, although he was represented at that time, reached 0 at to the Court and other counsel and stated that he is traveling internationally and thought the case was adjourned and is unable to appear due to his travels, Pnniud 5? 17.231 8 7 303 EQQD 6 ORDER OF Page 3 of 5 and was advised by the Court that there has been no adjournment, the case is still on for April 17, 2018 and there is a stayed warrant if he does not appear; 1 1. On April 17, 2018, at 10:00 am, Defendant, counsel for Defendant, and Attorney for the Child appeared in Court, but ZOHAR ABIKZER COHEN did not appear as required by the Court; 12. Counsel for Defendant af?rmed on the record that ZOHAR ABIKZER COHEN has not fully complied with outstanding orders that are the basis of the contempt, 13. On April 18, 22018, for just cause, this Court issued a warrant for the arrest of ZOHAR ABIKZER COHEN with a bail amount set at $120,000, and set the next court date for May 7, 2018 at 4:00 pm; 14. On May 7, 2018 counsel for ZOHAR ABIKZER COHEN appeared, but ZOHAR ABIKZER COHEN did not personally appear. Defendant, defendant?s attorney, and the attorney for the child also appeared. 15. On May 7, 2018, shortly before the scheduled court appearance, ZOHAR ABIKZER COHEN sent an em to the court, his attorney, and the court attorney, but did not copy either the attorney for the defendant or the attorney for the child; the court attorney provided print-out copies of the email to the attorney for the defendant or the attorney for the child; 16. On May 7, 2018, the court addressed pending motion sequence 015-021 on the record, including motions to hold ZOHAR ABIKZER COHEN in contempt of court, and for the reasons stated on the record and in subsequent written orders, ZOHAR ABIKZER COHEN has been found in civil contempt on motions sequence 015, 016, 018, and 019; and an order of civil Page 3 of 5 Printed 30372952015 ORDER OF COMMITMENT - Page 4 of commitment has been issued on motions sequence 015, 018, and 019, with a total purge amount of $446,250 as follows: Motion sequence 015 Purge amount for this contempt shall be the $430,000 appraised value of the ring (which will be in addition to purge amounts stated in the other orders), or the return of the ring to plaintiff?s counsel Elliot Green (upon con?rmation by plaintiffs counsel with a reputable jeweler that the returned ring is the actual ring described in the Graff GIA appraisal). Motion sequence 018 Purge amount for this contempt shall be the $13,000 onerdue child support stated above (which will be in addition to purge amounts stated in the other orders). - Motion sequence 019 - Purge amount for this contempt shall he the $3,250 overdue child support for the month of March 2018 {which will be in addition to purge amounts stated in the other orders). 17. On @1301 at??n@zonan ABIKZER COHEN was arrested by the Sherriff of Wig/County. WHEREAS, Orders, pursuant to motion sequence 015, 0&8, and 019 in this action, each ?nding the plaintiff in civil contempt were issued by this Court on May 11, 2018 after a . hearing on the issue of contempt was held on May 7, 2018; and WHEREAS, the Sheriff of the City of New York has produced ZOHAR ABIKZER COHEN, on the day of May 2018, at Mum. before Supreme Court, New York County, 11 1 Centre Street, New York, New York Courtroom Room 583, Matrimonial Part 44; and Page 4 of 5 Printed sonata 1 30372912915 DEDER OF COMMITMENT Page 5 of 5 WHEREAS, it has been established to the satisfaction of this Court that Plaintiff has not purged himself of the contempt and remains in contempt of this Court; now therefore he is to be held for a maximum term of 6 months commencing May 2018, unless sooner discharged according to law; and it is further ORDERED that plaintiff ZOHAR ABIKZER COHEN may purge himself of his contempt of court and obtain a discharge from his commitment by payment of $446,250 to defendant (or by a payment of $16,250 to defendant PLUS acceptance of the defendant?s engagement ring by defendant?s counsel, after con?rmation by defendant?s counsel with a reputable jeweler that the offered ring is the same as described in the $430,000 Graff GIA appraisal). NOW, THEREFORE WE COMMAND YOU, the Sheriff of the City of New York, County of New York, that you take the body of said defendant, ZOHAR ABIKZER COHEN, and safely keep him in close custody in jail pursuant to the terms of this order; and it is further IN WITNESS WHEREOF, I, HONORABLE DOUGLASIE. HOFFMAN, Justice of the Supreme Court of the State of New York, hereunto set my hand, subscribe my name and cause the Seal of the Court to be hereunto af?xed. This constitutes the Order of the Court. Dated: W7 7; W/f/ HON. DOUGLAS E. HOFFMAN, 1.3.0. LE :soN. DOUGLAS E. HOFFMAN J.S.C. . otFiC a Page 5 of 5 Prmtec 51732013