PRESENT: SCUDDER, P. J., MARTOCHE, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 10-01062

EASTMAN KODAK COMPANY, PLAINTIFF-APPELLANT, V ROBERT CARMOSINO, DEFENDANT-RESPONDENT.

Appellant having moved for an order pursuant to CPLR 5518 enjoining respondent from continuing employment at Hewlett Packard Company or, in the alternative, for an order expediting Kodak's appeal and continuing in force the temporary restraining order of the Supreme Court dated February 16, 2010, and for other relief, pending this Court's determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 3, 2010,

Now, upon reading and filing the affirmation of Heidi S. Martinez, Esq. dated May 14, 2010, the notice of motion with proof of service thereof, the affirmation of Michael C. Schmidt, Esq. dated May 21, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that respondent Robert Carmosino is hereby preliminarily enjoined from engaging in any activities creating a risk of use or disclosure of Kodak's confidential, proprietary, or trade secret information pending this Court's determination of this appeal, and

It is further ORDERED that the preliminary injunction ordered above is conditioned on Kodak giving an undertaking in the amount of $15,000 and perfecting its appeal on or before July 12, 2010, in which event,

It is further ORDERED that the appeal herein shall be added to the calendar for the term of this Court commencing September 7, 2010, and

It is further ORDERED that respondent Robert Carmosino may continue to work for Hewlett Packard Company so long as he does not violate the terms of the preliminary injunction ordered herein.

Entered: May 27, 2010

Patricia L. Morgan, Clerk