Appellate Division: Second Judicial Department

M58706

S/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

Appeal by the defendant from an order of the Supreme Court, Dutchess County, dated May 1, 2007. By decision and order on motion dated June 29, 2007, the respondents were 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, inter alia, file an undertaking with corporate surety in the sum of $5,000,000 in the office of the County Clerk of Dutchess County. The undertaking has not been filed.

Now, on the court's own motion and the letter submitted to the Clerk of this court by the appellant's attorney dated August 9, 2007, it is

ORDERED that the injunction granted by the decision and order on motion dated June 29, 2007, is vacated forthwith.

MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court