Appellate Division: Second Judicial Department

M148658

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2012-10924 Doron Zanani, appellant, v Miriam Schvimmer, et al., respondents. (Index No. 4491/08)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Kings County, dated November 14, 2012, as directed him to furnish the respondents with a satisfaction of judgment and general release, and directed a referee to execute the satisfaction of judgment and general release in the event that he does not execute those documents.

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

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directed the appellant to furnish the respondents with a satisfaction of judgment and general release, and directed a referee to execute the satisfaction of judgment and general release in the event that he does not execute those documents is granted, and that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 28, 2013; and it is further,

ORDERED that on the Court's own motion so much of the order as directed the respondents to deposit the sum of $60,000 into escrow is also stayed pending hearing and determination of the appeal; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 28, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court