The levy served on defendant Progressive Capital Solutions, LLC (“Progressive”) by the Office of the Sheriff ofNew York County, which would otherwise become void on September 13, 2013, is extended until December 13, 2013, so that the issue of a further extension to the levies can be addressed with the Court during the currently- scheduled September 19, 2013 status conference.

The levy served on defendantjohn Puglisi (“Puglisi”) by the Office of the Sheriff ofNew York County, which would otherwise become void on September 13, 2013, is extended until December 13, 2013, so that the issue of a further extension to the levies can be addressed with the Court during the currently—scheduled September 19, 2013 status conference.

The Office of the Sheriff of New York County may take property levied upon in Puglisi’s or Progressive’s possession or control into its custody at any time on or before December 13, 2013, and CMS may commence a proceeding pursuant to CPLR § 6214(d) to

compel payment, delivery or transfer of such property by Puglisi or Progressive at any time on or before December 13, 2013.

_____________________________________________________________________..-x Plaintiff CMS Life Insurance Opportunity Fund, L.P. (“CMS”) having commenced this action; and plaintiff‘CNF II Partners (“CNF”) having thereafter been added to the action as an additional plaintiff; and the Court having granted the motion of Genesis Merchant Partners, LP .

can be fully and efficiently adjudicated in a single forum; and the Court having subsequently directed that any application to add additional parties be made by motion brought on by Order to Show Cause by no later than July 1, 2013; Now, upon reading and filing the annexed -Affirmation of David S. Douglas and the exhibits thereto, and the accompanying memorandum of law; upon due consideration it is hereby ORDERED that the partiesuin this action show cause at_IAS Part 60 of this Court, in Room 248 of the New York County Courthouse, 60 Centre Street, New York, New York, on .

, 2013 at §\ ‘- OORI/l,\or as soon thereafier as counsel may be heard, why Order should not be entered, pursuant to CPLR §§ 1001-03 and 3025, allowing Absolute and Strategi_c to be added as defendants to this action, granting_(_3enesis leave to file an amended pleading that adds claims for declaratory and injunctive relief against CMS, CNF, Absolute, and Strategic so that the respective rights and obligations of Genesis, CMS, CNF, Absolute, and Strategic with regard to the life insurance policies at issue in this action can be hilly and efficiently adjudicated in a single forum, and awarding to Genesis such other and further relief as the Court deems just and proper; and it -is further ORDERED that service of this Order, together with the armexed affirmation and exhibits s\~ceQQ \oo,~£v\0Ld€/ " thereto and the accompanying memorandum of law,Aupon all pages that have appeared in this action by NYSCEF and overnight delivery on or before Julyfl, 2013,

d, will: hard copies lo be mad with line Clerk oi Part 60 ys e. Oral argumenl is required.

ELIZABETH RYAN, being duly sworn, deposes and says:

That I am over 18 years of age, not a party to this action.

On July 2, 2013, I caused a true and correct copy of the NOTICE OF ENTRY,

INFORMATION SHEET in the above-captioned matter to be served, pursuant to the Court Order date June 12, 2013, through the Court’s e-filing system (N YSCEF) and by leaving under exclusive care and custody of Federal Express, an overnight courier service within New York State, addressed to the following persons at the last known address set forth after their names: Progressive Capital Solutions, LLC 477 Madison Avenue, Suite 210 New York, NY 10022 -and- 757 Third Avenue, Suite 2130 New York, NY 10017 -and- 757 Third Avenue, Suite 2127 New York, NY 10017 -and- cfo John Puglisi 450 East 33'“ Street, Apt.

Upon the foregoing papers, it is ordered that this motion is granted on default to the extent of granting judgment by default as to liability on the first and third causes of action for conversion and negligence, respectively, pleaded in the Second Amended Complaint against defendants Progressive Capital Solutions, LLC and Bastion Partners, LLC.

Accordingly, it is hereby ORDERED that the applications on the record on May 30, 2013 of Eugene Weiss and intervenors Genesis Merchant Partners, LP and Genesis Merchant Partners 11, LP& to defer the inquest on damages and entry ofjudgment, respectively, are denied as without basis.

This order shall not be construed as determining the priority of entry of any judgments that may be granted in this action; and it is further ORDERED that an inquest on damages is directed; and it is further ORDERED that issue of damages is hereby referred to a Special Referee to hear and report with recommendations, except that, in the event of and upon the filing of a stipulation of the parties, as permitted by CPLR 4317, the Special Referee, or another person designated by the parties to serve as referee, shall determine the aforesaid issue; and it is further ORDERED that, within 15 days from the date of entry ofthis order, plaintiff CMS Life Insurance Opportunity Fund, L.P. shall serve a copy of this order with notice of entry, a note of

issue and statement of readiness upon the defaulting defendants by NYSCEF and by overnight mail; and it is further ORDERED that, within 30 days of the date of entry of this order, plaintiff CMS Life Insurance Opportunity Fund, L.P. shall serve a copy of this order with notice of entry on the Clerk of the Special Referee’s Office (Room 119M) to arrange a date for the reference to a Special Referee; and it is further ORDERED that a motion to confirm or reject the report of the Special Referee shall be made within 15 days of the filing of the report.