Appellate Division: Second Judicial Department

M62293

E/sl

GLORIA GOLDSTEIN, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-09434 Riverside Capital Advisers, Inc., etc., plaintiff, Winchester Global Trust Company Limited, etc., respondent, v First Secured Capital Corporation, et al., defendants, Thomas Donovan Family Trust, defendant-appellant; Thomas Donovan, et al., nonparty-appellants. (Index No. 20600/99)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant and nonparty-appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated August 30, 2007, pending hearing and determination of appeals therefrom.

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 enforcement of the order dated August 30, 2007, is stayed pending hearing and determination of the appeals on condition that (1) on or before November 20, 2007, the defendant-appellant and nonparty-appellants post an undertaking with corporate surety in the sum of $250,000 in the office of the Clerk of the Supreme Court, Nassau County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the conduct of the defendant-appellant or nonparty-appellants during the period that the stay was in effect, and (2) the appeals are perfected on or before December 13, 2007; and it is further,

ORDERED that in the event that the undertaking is not posted on or before November 20, 2007, or the appeals are not perfected on or before December 13, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

GOLDSTEIN, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court