Appellate Division: Second Judicial Department

M50780

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

WILLIAM E. McCARTHY, JJ.

2006-11390 Marvin Singer, appellant, v Susan Singer, respondent. (Index No. 19977/99)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to enjoin the receiver from taking any further steps to "execute and record a receiver's deed" or "execute any/all documents and take all appropriate steps as is necessary to convey the [appellant's] interests" in the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 24, 2006.

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, in effect, to enjoin the receiver from taking certain actions is granted, and the receiver is enjoined from taking any further steps to "execute and record a receiver's deed" or "execute any/all documents and take all appropriate steps as is necessary to convey the [appellant's] interests" in the subject premises pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 16, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 16, 2007, 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., SPOLZINO, GOLDSTEIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court