Appellate Division: Second Judicial Department

M234579

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2017-06219 Menachem Farro, individually and derivatively as a shareholder in the right of LM International, Inc., etc., appellant-respondent, v Zalman Schochet, also known as Scheur Zalman Schochet, et al., respondents-appellants. (Index No. 518007/16)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to stay the respondents-appellants, or anyone acting on their behalf, from consummating any transaction involving the merger of LMEG Wireless, LLC, with LMEG Acquisition, LLC, pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated May 19, 2017.

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 the respondents-appellants, or anyone acting on their behalf, are stayed from transferring outside the ordinary course of business or dissipating any assets of LMEG Wireless, LLC, and LMEG Acquisition, LLC, pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before August 17, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 17, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondents-appellants may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., HALL, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court