Appellate Division: Second Judicial Department

M36509

S/nal

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2006-01382 Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc., et al., respondents, v Congregation Yetev Lev D'Satmar, Inc., et al., appellants, et al., defendants. (Index No. 4495/05)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Orange County, dated February 9, 2006, inter alia, in effect, to enjoin the plaintiffs from taking any action which will change the management, supervision, and/or religious services of Congregation Yetev Lev D'Satmar or its main synagogue or any other assets of the subject Congregation including certain cemetery property located in Monroe, New York, pending hearing and determination of the appeal. Cross motion by the respondents, in effect, to dismiss the appeal on the ground that the law firms of Herrick Feinstein, LLP and Rider, Weiner and Frankel, P.C., are not authorized to take the appeal. Separate motion by the appellants, inter alia, for certain injunctive relief.

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

ORDERED that the motion by the appellants inter alia, in effect, to enjoin the plaintiffs from taking any action which will change the management, supervision, and/or religious services of Congregation Yetev Lev D'Satmar or its main Synagogue or any other assets of the subject Congregation including certain cemetery property located in Monroe, New York, pending hearing and determination of the appeal, is granted only to the extent that pending hearing and determination of the appeal (1) the parties, their officers, agents, successors, assigns, or any other person acting on their behalf, are enjoined from changing the status quo which existed as of July 11, 2005, the date this action was commenced, with regard to the management of, and the parties' use of, the subject Congregation's main synagogue and any other assets, including the cemetery property, and (2) the enforcement of any judgment which may be entered upon the order dated February 9, 2006, is stayed, and the motion is otherwise denied in all respects; and it is further,

ORDERED that the cross motion and the separate motion of the appellants, inter alia, for injunctive relief are denied in all respects; and it is further,

ORDERED that pursuant to the section 670.4(a) of the Rules of this court (see 22 NYCRR 670.4[a]) the appeal is assigned to the active management program for the issuance of a scheduling order.

SCHMIDT, J.P., MASTRO, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court