Appellate Division: Second Judicial Department

M97667

T/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-10276, 2009-10505 Andrew Cuomo, etc., et al., respondents, v Osmin Ferran, Jr., et al., defendants, Marina Bonaparte, et al., appellants. (Index No. 11284/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, dated September 9, 2009, and a judgment of the same court entered September 25, 2009, pending hearing and determination of appeals therefrom.

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

ORDERED that the motion is granted to the extent that pending hearing and determination of the appeals the appellants are permitted to use four operating accounts, two located at Consumer Federal Credit Union under account Nos. 0000042231019 and 0000042221010, and two located at Capital One Bank under account numbers 2914005224 and 2914005190, for the payment of usual, customary, and ordinary expenses as strictly necessary to conduct the dental practices named in the caption of this action, such as the payment of rent, insurance, payroll and/or lab fees, but such accounts shall in no event be used to pay compensation in any form to the principals of the corporate appellants, or to their relatives, or to any entity under the ownership or control of the principals of the corporate appellants or their relatives, on condition that the appeals are perfected on or before February 23, 2010, and that the appellants provide the respondents' counsel with weekly documentation verifying any or all of such expenses paid including invoices, copies of checks, and/or payment notices, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before February 23, 2010, or the appellants fail to provide the respondents' counsel with weekly documentation verifying any or all of such expenses paid including invoices, copies of checks, and/or payment notices, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

FISHER, J.P., DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court