Appellate Division: Second Judicial Department

M54460

E/sl

GABRIEL M. KRAUSMAN, J.P.

ANITA R. FLORIO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2004-04583, 2004-09116 Only Natural, Inc., respondent, v Realm National Insurance Company, et al., appellants. (Index No. 5642/02)

DECISION & ORDER ON MOTION

Motion by the appellant Realm National Insurance Company on appeals from an order of the Supreme Court, Nassau County, dated April 23, 2004, and a judgment of the same court entered September 23, 2004, which were determined by decision and order dated February 6, 2007, to direct the Treasurer of Nassau County to release the sum of $133,600, which was posted as an undertaking pursuant to CPLR 5519, CPLR 2502, and a decision and order on motion of this court dated October 20, 2004.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and the Treasurer of Nassau County is directed to (1) release to Kenney Shelton Liptak Nowak, LLP, as attorney for the appellant Realm National Insurance Company, the sum of $133,600, together with all accrued interest thereon, less any appropriate and statutory fees due to the County Clerk, which sum was posted pursuant to the undertaking of the appellant on or about October 22, 2004, and (2) release and discharge that undertaking of record.

KRAUSMAN, J.P., FLORIO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court