Appellate Division: Second Judicial Department

M121547

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2011-02643, 2011-04732, 2011-05400 In the Matter of U.S. Bancorp Equipment Finance, Inc., respondent, v Abraham A. Rubashkin, et al., appellants, et al., defendants. (Appeal No. 1) In the Matter of U.S. Bancorp Equipment Finance, Inc., respondent, v Abraham A. Rubashkin, et al., defendants, Hilgar Limited, appellant. (Appeal Nos. 2 & 3) (Index No. 18357/10)

DECISION & ORDER ON MOTION

Motion by the appellant Hilgar Limited on appeals from two orders of the Supreme Court, Kings County, dated January 31, 2011, and May 23, 2011, respectively, and an order and judgment (one paper) of the same court dated May 12, 2011, (1) to stay enforcement of the order January 31, 2011, and the order and judgment, (2) to stay all proceedings in the above-entitled matter, (3) and to enjoin all parties from, inter alia, encumbering, selling, or assigning any interest in the subject property pending hearing and determination of the appeals from the order January 31, 2011, and the order and judgment.

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 enforcement of so much of the order dated January 31, 2011, and the order and judgment as cancelled and discharged the mortgage dated August 27, 2008, and directed the appellant Hilgar Limited to pay an attorney's fee and costs to the respondent in the principal sum of $55,000 is stayed pending hearing and determination of the appeals from the order January 31, 2011, and the order and judgment on condition that its appeals from the order January 31, 2011, and the order and judgment are perfected on or before July 18, 2011, and the motion is otherwise denied; and it is further,

ORDERED that in the event those appeals are not perfected on or before July 18, 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 on the Court's own motion, the appellant Hilgar Limited shall perfect its appeal from the order dated May 23, 2011, on or before July 18, 2011; and it is further,

ORDERED that on the Court's own motion, the co-appellants shall perfect their appeal from the order dated January 31, 2011, on or before July 18, 2011.

RIVERA, J.P., DILLON, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court