PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 08-00258 AND CA 08-00259

FIRST AMERICAN COMMERCIAL BANCORP, INC., PLAINTIFF-RESPONDENT, V SAATCHI & SAATCHI ROWLAND, INC. (FORMERLY SAATCHI & SAATCHI BUSINESS COMMUNICATIONS, INC.), CB RICHARD ELLIS, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.

Appellants having moved, upon the return of an order to show cause granted by the Honorable Henry J. Scudder on February 1, 2008, for a stay of all proceedings to enforce orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on

December 18, 2007 and January 15, 2008, pending the hearing and determination of the appeals taken herein,

Now, upon reading and filing the affidavit of Russell I. Zuckerman sworn to

February 1, 2008, said show cause order with proof of service thereof, the opposing affirmation of Anthony J. Adams, Jr. dated February 4, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the orders entered December 18, 2007 and January 15, 2008 are hereby stayed pending the hearing and determination of the appeals taken herein, on the condition that appellants perfect the appeals on or before April 21, 2008, in which event

It is further ORDERED that the appeals are to be added to the calendar for the term of this Court commencing September 8, 2008.

Entered: February 20, 2008

JoAnn M. Wahl, Clerk