Jeff Robert Berman v Hope Derry & Craig L. Derry
Motion No: 2006-00555 ROC
Slip Opinion No: 2006 NYSlipOp 80629(U)
Decided on October 26, 2006
Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: RUDOLPH, P.J., McCABE and LIPPMAN, JJ.

NO. 2006-555 RO C
JEFF ROBERT BERMAN,

Respondent,

-against-


HOPE DERRY and CRAIG L. DERRY,

Appellants.

DECISION

That branch of the motion by landlord-respondent seeking to dismiss the appeal for failure to prosecute is granted.

That branch of the motion by landlord-respondent seeking to release funds deposited with the court below is also granted.