C.T. Holdings Ltd. v the Schreiber Family Charitable Foundation Inc.

Motion No: M-1006

Slip Opinion No: 2017 NYSlipOp 69671(U)

Decided on April 6, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

April 6, 2017

C.T. Holdings, Ltd.,

Plaintiff-Respondent,

v

The Schreiber Family Charitable Foundation, Inc.,

Defendant,

Meir Aaron Schreiber, also known as

Marc Aaron Schreiber, Personally,

Defendant-Appellant,

Sarah Schreiber, also known as Sara

Chana Schreiber, Personally,

Defendant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about February 10, 2016, And, defendant-appellant having moved for an for a temporary restraining order and injunction precluding plaintiff from transferring, encumbering, dissipating, or permitting to become subject to a security interest or lien, the defendant's property, pending determination of defendant's appeal from the Supreme Court's December 20, 2016 order (M-1005), And, defendant-appellant having moved by separate motion for the same relief (M-1006), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that defendant's motion(s) is deemed one seeking a stay of the enforcement of the February 10, 2016 renewal motion; and is granted only to the extent that the stay is conditioned on defendant's perfecting the appeal for the September 2017 Term, with no extensions of the stay to be granted. The Clerk is directed to maintain the appeal on the September 2017 calendar. ENTERED: April 6, 2017

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Ellen Gesmer, Justices

M-1006

M-1005

Index No. 152765/14