Appellate Division: Second Judicial Department

M67616

E/sl

STEVEN W. FISHER, J.P.

EDWARD D. CARNI

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-01551 In the Matter of Advanced Digital Security Solutions, Inc., etc., appellant, v Samsung Techwin Co., Ltd., respondent. (Index No. 3851-08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated February 14, 2008, to hold the respondent in contempt for violating a decision and order on motion of this court dated February 27, 2008, which enjoined the respondent from terminating the parties' exclusive distributorship agreement dated November 16, 2005, and from communicating with third parties that the exclusive distributorship agreement has been or will be terminated, pending hearing and determination of the appeal. Separate motion by the respondent to vacate so much of the decision and order on motion of this court dated February 27, 2008, as granted injunctive relief, on the ground that the appellant has refused to make immediate cash payment for certain products it has already received from respondent.

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

ORDERED that the motions are denied; and it is further,

ORDERED that on the court's own motion, the decision and order on motion dated February 27, 2008, is amended by adding to the first decretal paragraph thereof, after the words "for any products received," the word "henceforth."

FISHER, J.P., CARNI, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court