Appellate Division: Second Judicial Department

M66183

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

JOHN M. LEVENTHAL, JJ.

2008-00838 Tsaiyun Ishin Phillips, appellant, v Robert Martin Haralick, respondent. (Index No. 202266/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, dated January 7, 2008, and to enjoin the respondent, his agents, servants, employees, or anyone acting on his behalf from distributing, transferring, or spending any of the money released to him from the escrow account of Jaime D. Ezratty, Esq., totaling the sum of $519,617.47, pending hearing and determination of an appeal from the judgment.

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 respondent, his agents, servants, employees, or anyone acting on his behalf, are enjoined from distributing, transferring, or spending any of the money released to him from the escrow account of Jaime D. Ezratty, Esq., totaling the sum of $519,617.47, except for the sum of $28,000 for legal fees to be paid to Brian Perskin, Esq., pending hearing and determination of the appeal and the appellant, her agents, servants, employees, or anyone acting on her behalf, are enjoined from distributing, transferring, or spending any of the money released to her from the escrow account of Jaime D. Ezratty, Esq., pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 31, 2008, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 31, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., SKELOS, SANTUCCI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court