Appellate Division: Second Judicial Department

M67981

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, in effect, to amend a decision and order on motion of this court dated February 27, 2008, as amended by decision and order on motion dated March 13, 2008, which conditioned an injunction enjoining 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, upon, inter alia, its posting of an undertaking in the sum of $5 million, by reducing the amount of the undertaking. Cross motion by the respondent to vacate so much of the decision and order on motion of this court dated February 27, 2008, as granted the injunction, on the ground that the appellant repudiated the condition that it post an undertaking in the sum of $5 million.

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, and the decision and order on motion dated February 27, 2008, as amended March 13, 2008, is amended by deleting from the first decretal paragraph thereof the words "on or before March 12, 2008, the appellant post an undertaking with corporate surety in the sum of $5 million" and substituting therefor the words "on or before March 24, 2008, the appellant post an undertaking with corporate surety in the sum of $2.5 million"; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court