Appellate Division: Second Judicial Department

M34454

A/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-11696 In the Matter of TC Contracting, Inc., petitioner- respondent, v 72-02 Northern Blvd. Realty Corp., appellant, Soil Solutions, Inc., respondent-respondent. (Index No. 26291/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered November 10, 2005, to lift the restraint imposed on the appellant's bank account No. 560013227 at Marathon Bank of New York pursuant to the petitioner-respondent's restraining notice dated November 16, 2005, upon the posting of an undertaking in accordance with CPLR 5519(a)(2).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to lift the restraint imposed on the appellant's bank account No. 560013227 at Marathon Bank of New York pursuant to the restraining notice dated November 16, 2005, is granted on condition that on or before January 23, 2006, the appellant post an undertaking with the Clerk of the Supreme Court, Queens County, in accordance with CPLR 5519(a)(2); and it is further,

ORDERED that in the event that the undertaking is not posted with the Clerk of the Supreme Court, Queens County, on or before January 23, 2006, the restraining notice dated November 16, 2005, shall remain in effect; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court