Opinion
2021-72089 Motion CA 21-01156
09-20-2021
DEAN WHALEN, PLAINTIFF-RESPONDENT, v. PERRY HOLDING COMPANY, LLC, DEFENDANT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on September 3, 2021, to modify or, in the alternative, to vacate, pursuant to CPLR 5518, an order of the Supreme Court, Livingston County, entered August 11, 2021, pending the hearing and determination of the appeal taken herein, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is granted to the extent that, pending the hearing and determination of this appeal, the preliminary injunction order (denominated a temporary restraining order) entered August 11, 2021, is modified to require respondent to post an undertaking in the amount of $50,000, and
It is further ORDERED that, if respondent does not post said undertaking with the Livingston County Clerk on or before September 24, 2021, the preliminary injunction order entered August 11, 2021, is hereby vacated pending the hearing and determination of this appeal.