Appellate Division: Second Judicial Department

M66243

S/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2008-00280 Merkos L'Inyonei Chinuch, Inc., et al., respondents, v Mendel Sharf, et al., defendants, Congregation Lubavitch, Inc., appellant. (Index No. 40288/04)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated December 27, 2007, inter alia, to release the sum of $100,000, which was posted pursuant to CPLR 5519 and 2502 as an undertaking in connection with a temporary restraining order dated January 9, 2008.

Upon the papers filed in support of the application and upon the stipulation of the parties, it is

ORDERED that the application is granted and pursuant to the stipulation dated February 8, 2008, the County Clerk of Kings County and/or the Commissioner of the New York City Finance Administration is directed to (1) release to Zane and Rudofsky, as attorney for the appellant, the sum of $100,000, together with all accrued interest thereon, less any appropriate and statutory fees due to the County Clerk, which sum was posted pursuant to the undertaking of the appellant, and (2) release and discharge that undertaking of record; and it is further,

ORDERED that the appellant's time to post an undertaking in the sum of $250,000 in accordance with the decision and order on motion of this court dated January 31, 2008, is enlarged until February 29, 2008.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court