Appellate Division: Second Judicial Department

M43748

C/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-07535 Edcia Corporation, appellant, v Thomas McCormack, etc., et al., respondents. (Index No. 101140/06)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enjoin the respondents from interfering with the operation of the appellant's construction and demolition hauling business pending the determination of an appeal from an order of the Supreme Court, Richmond County, dated August 1, 2006.

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

ORDERED that the motion is granted and the respondents, their agents, servants, and employees, and any persons known or unknown, acting under them or on their behalf, or in concert with them, are enjoined, restrained, and stayed from in any manner or by any means preventing the appellant from operating its construction and demolition hauling business and servicing its customers pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 25, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 25, 2006, the court, on its own motion, may vacate the injunction, or the respondents may move to vacate the injunction, on three days notice.

MASTRO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court