Farro, individually and derivatively as a shareholder in the right of
Motion No: 2017-10401
Slip Opinion No: 2017 NY Slip Op 93503(U)
Decided on November 28, 2017
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M240978

E/afa

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2017-10401

Menachem Farro, individually and derivatively

as a shareholder in the right of LM International,

Inc., etc., respondent-appellant, v Zalman Schochet,

also known as Scheur Zalman Schochet, et al.,

appellants-respondents.

(Index No. 518007/16)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated August 18, 2017. Separate motion by the respondent-appellant to stay the appellants-respondents or anyone acting on their behalf, 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.

Upon the papers filed in support of the motion to stay all proceedings and the papers filed in opposition thereto, and upon the papers filed in support of the motion to stay the appellants-respondents or anyone acting on their behalf, from transferring outside the ordinary course of business or dissipating any assets of LMEG Wireless, LLC, and LMEG Acquisition, LLC, and the papers filed in relation thereto, it is

ORDERED that the motion to stay all proceedings is denied; and it is further,

ORDERED that the motion to stay the appellants-respondents or anyone acting on their behalf, from transferring outside the ordinary course of business or dissipating any assets of LMEG Wireless, LLC, and LMEG Acquisition, LLC, is granted and the appellants-respondents, 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 respondent-appellant perfect his appeal on or before December 11, 2017; and it is further,

ORDERED that in the event that the respondent-appellant does not perfect his appeal on or before December 29, 2017, the Court, on its own motion, may vacate the stay, without further notice.

ENG, P.J., AUSTIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court