Appellate Division: Second Judicial Department

M67157

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2008-00759 Deborah Etzion, appellant-respondent, v Rafael Etzion, et al., respondents-appellants. (Index No. 6110/07)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to enjoin the respondents-appellants from destroying certain electronic media and to enjoin the respondents-appellants from selling or encumbering certain real property pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated January 15, 2008. Cross motion by the respondents-appellants to stay all discovery in the above-entitled action pending hearing and determination of the appeal and cross appeal.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that (1) the respondents-appellants are enjoined from altering or destroying electronic media concerning the marketing, rezoning, or sale of 145 West Street, Brooklyn, located at the residence and business office of the respondent-appellant Rafael Etzion, or the business offices of the respondents-appellants Variety Accessories, Inc., Metro Shipping and Warehousing, Inc., and Metro K, LLC, (2) electronic media held in escrow by Electronic Evidence Discovery, Inc., pursuant to the stipulation of the parties dated July 27, 2007, shall continue to be held in escrow, and (3) the respondents-appellants are enjoined from selling or encumbering real property located at 1275 K Street, Washington, D.C., unless the sum of $37 million is deposited in an interest-bearing escrow account maintained by the attorney for the respondents-appellants, pending hearing and determination of the appeal and cross appeal, on condition that the appeal is perfected on or before April 7, 2008, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 7, 2008, the court, on its own motion, may vacate the stay, or the respondents-appellants may move to vacate the stay, on three days notice; and it is further,

ORDERED that the cross motion is granted and all discovery in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal.

SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court