Appellate Division: Second Judicial Department

M51134

E/nl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

WILLIAM E. McCARTHY, JJ.

2007-01064 Igor Benfeld, et al., plaintiffs-respondents, v Fleming Properties, LLC, defendant, Bay Homes Realty, Inc., et al., defendants third-party plaintiffs-respondents; Rostislav Galkin, et al., third-party defendants-appellants. (Index No. 13756/04)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-appellants to stay enforcement of so much of a preliminary conference order of the Supreme Court, Richmond County, dated November 1, 2006, as directed them to turn over their personal income tax returns to the third-party plaintiffs, pending hearing and determination of an appeal from an order of the same court dated January 12, 2007.

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 enforcement of so much of the preliminary conference order as directed the third-party defendants-appellants to turn over their personal income tax returns to the third-party plaintiffs is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 26, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 26, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MILLER, J.P., SPOLZINO, GOLDSTEIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court