Appellate Division: Second Judicial Department

M300788

KS/

BETSY BARROS, J.P.

FRANCESCA E. CONNOLLY

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2022-07194 Tonya Williams, et al., respondents, v New York City Office of Chief Medical Examiner, et al., defendants, Unity Funeral Chapels, Inc., appellant. (Index No. 527070/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 22, 2022. Motion by the respondents, in effect, to vacate a decision and order on motion of this Court dated October 4, 2023.

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 so much of the decision and order on motion of this Court dated October 4, 2023, as granted the branch of the appellant's motion which was to lift restraints placed on its bank accounts by the respondents, pending hearing and determination of the appeal, on condition that the appellant post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Kings County, in a sum to be fixed by the Supreme Court, Kings County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondents if it is ultimately determined that the respondents sustained a loss due to the lifting of the restraints on the appellant's bank accounts, is vacated, and the motion is otherwise denied.

BARROS, J.P., CONNOLLY, MILLER and WOOTEN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court