Appellate Division: Second Judicial Department

M44132

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

DAVID S. RITTER, JJ.

2006-03567 In the Matter of BMW Bank of North America, appellant, v G & B Collision Center, Inc., respondent. (Index No. 27316/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated March 22, 2006, to stay the sale of the subject motor vehicle and to direct the respondent to turn the vehicle over to the appellant, 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 to stay the sale of the subject motor vehicle is granted, and the sale of the subject motor vehicle is stayed, pending hearing and determination of the appeal on condition that the bond issued by Westchester Fire Insurance Company in the amount of $40,000, dated June 27, 2006, which was posted by the appellant in conjunction with the instant appeal remains in effect pending hearing and determination of the appeal; and it is further,

ORDERED that in the event that the bond posted by the appellant ceases to remain in effect, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., SCHMIDT, CRANE and RITTER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court