In The Matter Of An Article 75 Proceeding DANIEL B.

HAYES, Petitioner, - against DAVIS, SHAPIRO, LEWIT & HAYES, LLP, STEVEN G. SHAPIRO AND PETER LEWIT, Respondents.

Index No.:

AFFIRMATION OF EMERGENCY

STATE OF NEW YORK, COUNTY OF NEW YORK.

YOAV M. GRIVER, being duly sworn, says: 1. I am an attorney and member of Zeichner Ellman & Krause LLP, attorneys

for petitioner Daniel B. Hayes ("Petitioner") 2. I make this statement in support of the application of Petitioner for an Order

of Attachment over respondents Davis Shapiro Lewit & Hayes LLP ("DSLH" or "Partnership Respondent"), Steven G. Shapiro ("Shapiro") and Peter Lewit ("Lewit") (jointly, the "Individual Respondents"), attaching and returning certain funds in the amount of (the "Funds") $500,000 improperly disbursed from the DSLH operating account at Chase Manhattan Bank on or about October 18, 2012, and (ii) entry of a Temporary Restraining Order and Injunction restraining Respondents from disbursing the Funds or any other monies in the DSLH operating account for partnership distributions until DSLH's line of credit has been paid and the underlying arbitration

between Petitioner and the Individual Respondents has been completed. 3. Reference is made to the accompanying Affidavit of Daniel B. Hayes (the

"Hayes Aff.") and the Attorneys Statement of Yoav M. Griver (the "Attorneys Statement"). Terms defined therein are similarly defined in this Affidavit. 4. As set forth in the Hayes Aff., Petitioner is entitled to have the Funds

returned to DSLHs operating account and to have Respondents restrained from disbursing the Funds for partnership distributions until DSLHs Credit Line has been paid and the arbitration already commenced by Petitioner has been completed. 5. As described in detail in the Attorneys Statement, evidence suggests that

Respondents improperly disbursed the Funds and intends to dissipate them to Petitioners irreparable detriment, if no relief from this Court is granted. In light of this, it is critical that the requested attachment and temporary restraining order be granted in order that Respondents be prevented from dissipating the Funds and thereby rendering ineffective any arbitration award found in Petitioners favor. See NY CPLR Dated: October 28, 2012 New York, New York 7502(c).

YOV M. GRIVER