Appellate Division: Second Judicial Department

M37189

A/sl

DAVID S. RITTER, J.P.

WILLIAM F. MASTRO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-00455 Man Choi Chiu, et al., plaintiffs, v Winston Chiu, etc., et al., defendants. (Index No. 21170/02)

DECISION & ORDER ON MOTION

Motion by the defendants, inter alia, for leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 18, 2005, and to enjoin the plaintiffs from selling, transferring, or encumbering the subject property, pending hearing and determination of the appeal.

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 for leave to appeal to this court is granted; and it is further,

ORDERED that the branch of the motion which is to enjoin the plaintiffs from selling, transferring, or encumbering the subject property is granted, and the plaintiffs are enjoined from selling, transferring, or encumbering the subject property without the consent of the defendant Winston Chiu pending hearing and determination of the appeal, on condition that the appeal is perfected on or before April 17, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 17, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

 ORDERED that the respondents shall serve and file their brief on or before May 8, 2006; and it is further,

ORDERED that the appellants shall serve and file their reply brief on or before May 15, 2006; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court