Appellate Division: Second Judicial Department

M62147

E/sl

STEPHEN G. CRANE, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-09085, 2007-09224 Joseph Casavecchia, Sr., respondent, v William W. Mizrahi, et al., appellants. (Index No. 8635/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated September 14, 2007, and an order of the same court entered October 5, 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 to the extent that the provisions directing that a warrant would issue for the arrest of the appellant William W. Mizrahi if he did not (1) "establish to the satisfaction of the court the cash reserves that Hills of Heartland LLC now has or should have upon repayment of all loans, and for which it cannot be demonstrated that a legitimate corporate purpose would be served by not distributing them" or (2) "turn over to [the respondent] funds equal to the percentage of [the respondent's] interest in the profits of Hills of Heartland LLC" are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 17, 2007, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court