Appellate Division: Second Judicial Department

M71236

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2008-04472 Ugiri Progressive Community, Inc., appellant, v Raymond Ukwuozo, et al., respondents. (Index No. 1640/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Queens County, entered May 9, 2008, as appointed a receiver to run the subject corporation and supervise elections, scheduled an election for officers of the subject corporation, and, in effect, suspended the powers of the current officers of the subject corporation, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is granted, and enforcement of so much of the order entered May 9, 2008, as appointed a receiver to run the subject corporation and supervise elections, scheduled an election for officers of the subject corporation, and, in effect, suspended the powers of the current officers of the subject corporation is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 30, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 30, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RIVERA, J.P., FISHER, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court