Valerie E. Caproni United States District Court Judge Southern District of New York 40 Foley Square New York, NY 10007 7/7/2022 Re: United States v. Percoco, et al. (Case No. 16-cr-776) Dear Judge Caproni: We represent Alain Kaloyeros in the above-referenced proceeding and write to request that the Court modify a condition of Dr. Kaloyeros’ appearance bond.

]” Dr. Kaloyeros’ original appearance bond listed his wife, with whom he has since separated, as surety.

Accordingly, Dr. Kaloyeros respectfully requests that he be permitted to substitute his wife for another financially responsible individual as surety on his appearance bond.

Further, to facilitate timely execution of the appearance bond, Dr. Kaloyeros respectfully requests that the deadline to re-execute his appearance bond be extended to the business day following the Court’s ruling on this Motion.

Respectfully submitted, cc: All Counsel (via ECF) Michael C. Miller

THIS MATTER having come before the Court upon the unopposed application of Defendants Alain Kaloyeros, Louis Ciminelli, Steven Aiello, and Joseph Gerardi (“Moving Defendants”) (ECF No. 1043); and the Court having considered the relevant papers and arguments; and the Court finding by clear and convincing evidence that Moving Defendants are neither a flight risk nor a safety concern; and the Court finding that Moving Defendants’ appeal raises substantial questions justifying release on bail; and for other good cause shown: 1st IT IS, on this _____ day of July 2022: 1.

ORDERED that Moving Defendants’ Motion for Bail is GRANTED pending disposition of Ciminelli v. United States (No. 21-1170) and Percoco v. United States (No. 21-1158) in the United States Supreme Court and, in the event Moving Defendants’ conviction is not affirmed, for such additional time as the case remains on appeal; and it is further 2.

ORDERED that, in accordance with the above, the Bureau of Prisons shall release Moving Defendants FORTHWITH; and it is further 3.

ORDERED that the conditions of bail in place immediately prior to Moving Defendants’ surrender to serve their sentence are reimposed, with Moving Defendants to re-execute their previously entered personal recognizance bonds within seven days of their release, EXCEPT THAT no posting of cash bail shall be required.

Date: 7/1/2022

THIS MATTER having come before the Court upon the unopposed application of Defendants Alain Kaloyeros, Louis Ciminelli, Steven Aiello, and Joseph Gerardi (“Moving Defendants”) (ECF No. 1043); and the Court having considered the relevant papers and arguments; and the Court finding by clear and convincing evidence that Moving Defendants are neither a flight risk nor a safety concern; and the Court finding that Moving Defendants’ appeal raises substantial questions justifying release on bail; and for other good cause shown: 1st IT IS, on this _____ day of July 2022: 1.

ORDERED that Moving Defendants’ Motion for Bail is GRANTED pending disposition of Ciminelli v. United States (No. 21-1170) and Percoco v. United States (No. 21-1158) in the United States Supreme Court and, in the event Moving Defendants’ conviction is not affirmed, for such additional time as the case remains on appeal; and it is further

ORDERED that, in accordance with the above, the Bureau of Prisons shall release Moving Defendants FORTHWITH; and it is further 3.

ORDERED that the conditions of bail in place immediately prior to Moving Defendants’ surrender to serve their sentence are reimposed, with Moving Defendants to re-execute their previously entered personal recognizance bonds within seven days of their release, EXCEPT THAT no posting of cash bail shall be required.

Date: 7/1/2022