Appellate Division: Second Judicial Department

M142303

E/sl

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-09673 John Latora, respondent, v Victor Ferreira, appellant. (Index No. 20462/05)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the respondent from selling, mortgaging, encumbering, or otherwise conveying any interest in the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 11, 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, and the respondent is enjoined from selling, mortgaging, encumbering, or otherwise conveying any interest in the premises located at 1127 Putnam Avenue, Brooklyn, pending hearing and determination of the appeal on condition that the appellant posts an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Kings County, in a sum to be fixed by the Supreme Court, Kings County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the injunction; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Kings County, to fix the amount of the undertaking in accordance herewith; the appellant shall file the undertaking within 15 days after service upon it of a copy of the order of the Supreme Court, Kings County, fixing the amount thereof; and it is further,

ORDERED that in the event that the undertaking is not posted in accordance with this order, and any order of the Supreme Court, Kings County, the respondent may move to vacate the injunction, on three days notice.

LEVENTHAL, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court