Appellate Division: Second Judicial Department

M56767

T/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-04165 Wells Fargo Bank, etc., appellant, v Egon Linzenberg, et al., respondents. (Index No. 05- 4891)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated April 13, 2007, inter alia, to enjoin the respondents Egon Linzenberg and Karen Linzenberg, a/k/a Karen DeFiebre, from conveying any interest in the subject premises, whether by deed, mortgage, or otherwise, pending hearing and determination of the appeal.

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 branch of the motion which is to enjoin the respondents Egon Linzenberg and Karen Linzenberg, a/k/a Karen DeFiebre, from conveying any interest in the subject premises, whether by deed, mortgage, or otherwise, pending hearing and determination of the appeal is granted, and the respondents Egon Linzenberg and Karen Linzenberg, a/k/a Karen DeFiebre, are enjoined from conveying any interest in the subject premises, whether by deed, mortgage, or otherwise, pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 2, 2007, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 2, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RITTER, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court