Appellate Division: Second Judicial Department

M57276

J/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2007-06038 Daniel Gale Associates, Inc., respondent, v Frances Reder, et al., appellants. (Index No. 5742/07)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered June 4, 2007 to stay enforcement of the order and to stay all proceedings to hold the appellants in contempt, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, enforcement of order and all proceedings to hold the appellants in contempt are stayed pending hearing and determination of the appeal on condition that (1) on or before July 20, 2007, the appellants post an undertaking with corporate surety in the sum of $28,785 in the office of the Clerk of the Supreme Court, Nassau County, and (2) the appeal is perfected on or before August 17, 2007; and it is further,

ORDERED that in the event that the undertaking is not posted on or before July 20, 2007, or the appeal is not perfected on or before August 17, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SPOLZINO, J.P., RITTER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court