Appellate Division: Second Judicial Department

M49272

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-04068 Robert Ehrler, etc., respondent, v Arthur A. Cataffo, et al., appellants. (Index No. 30602-00)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated March 16, 2006, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted to the extent that enforcement of the order dated March 16, 2006, is stayed pending hearing and determination of the appeal on condition that the appellants, or their agents, servants and employees, do not take any action to sell, mortgage, encumber, transfer, or convey any interest formerly owned by appellant Arthur A. Cataffo but which were conveyed to them in the following: (1) real property located at 15 Canterbury Drive, Hauppauge, (2) cooperative unit D-11, located in the Hermitage at Napeague, Ltd., and (3) the business University Shop Realty, LLC, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appellants do not comply with the foregoing condition, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SPOLZINO, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court