Appellate Division: Second Judicial Department

M118692

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2011-02756 Michael Reichman, appellant, v Paul Reichman, respondent. (Index No. 158/11)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the respondent from accessing the computers and servers of the subject company, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered March 15, 2011.

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 (1) the respondent shall continue to maintain the appellant's health insurance under the subject company's health insurance plan, at company expense, and maintain his salary in the sum of $150,000 per year, to be paid in accordance with normal company practices, and (2) the respondent is stayed (a) from transferring the Yahoo and Yahoo Merchant Services account and Yahoo ID (previously known as "mikereichman") associated with Bedbathstore.com, LLC, and/or Bedbathstore.com, or transferring the domain name Bedbathstore.com from Network Solutions, (b) from accessing company computers and servers as well as the online credit card transaction processing terminals associated with the merchant processing accounts related to the day to day operations of the subject company, except in the ordinary course of business, (c) from making any expenditure of funds of the subject company not in the ordinary course of business, (d) from accessing, making changes to, or causing alterations to be made to financial records of the subject company, whether in print or electronic format, except in consultation with Jeffrey Gittleson, the accountant for the subject company, in accordance with generally accepted accounting practices, and (e) from using company funds to pay personal debts and obligations, unauthorized personal medical expenditures, and litigation costs and expenses associated with this action or any lawsuit in which he is named as a party in his individual capacity, pending hearing and determination of the appeal on condition that the record or appendix on the appeal and the appellant's brief shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before May 5, 2011; and it is further,

ORDERED that in the event the appeal is not perfected in accordance with the foregoing provision, on or before May 5, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent's brief, if any, shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before May 19, 2011; and it is further,

ORDERED that the appellant's reply brief, if any, shall be filed and served on or before May 26, 2011; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court