Appellate Division: Second Judicial Department

M56598

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-05027 Jon Behrends, et al., respondents, v White Acre Acquisitions, LLC., appellant. (Index No. 6914/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated May 1, 2007, in effect, to enjoin the respondents from vacating certain lis pendens filed against the subject premises, 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 motion is granted and the respondents are enjoined from vacating the lis pendens filed against the premises located in Poughkeepsie at 382 through 394 Main Street, 103 and 105 Cannon Street, 7-13 and 15 South Hamilton Street, 202 through 206 Main Street, 1-3 North Hamilton Street, 35 High Street, 138 Montgomery Street, 240 Church Street, and 360-362 Main Street, pending hearing and determination of the appeal on condition that the appellant (1) serve and file an undertaking with corporate surety in the sum of $5,000,000 in the office of the County Clerk of Dutchess County on or before July 13, 2007, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondents if it is ultimately determined that the respondents sustained a loss due to the appellant's conduct during the period that the stay was in effect, and (2) perfect the appeal on or before July 30, 2007; and it is further,

ORDERED that in the event that the appellant does not comply with the conditions set forth above, 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., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court