Appellate Division: Second Judicial Department

M218728

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-09397 Mark Freedman, etc., plaintiff-respondent, v Uri Hason, appellant; Chicago Title Insurance Company, nonparty-respondent. (Index No. 602343/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay enforcement of so much of an order of the Supreme Court, Nassau County, entered August 24, 2016, as directed escrowee Simon Rothkrug to release escrowed funds to Chicago Title Insurance Company, pending hearing and determination of an appeal from the order.

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

ORDERED that the branch of the motion which is, in effect, to stay enforcement of so much of the order entered August 24, 2016, as directed escrowee Simon Rothkrug to release escrowed funds to Chicago Title Insurance Company is granted and enforcement of so much of the order as directed escrowee Simon Rothkrug to release escrowed funds to Chicago Title Insurance Company is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 24, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 24, 2016, the Court, on its own motion, may vacate the stay, without further notice, or Chicago Title Insurance Company may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court