| Choi, Hyung v Grayburn, Marilyn |
| Motion No: 570247/06 |
| Slip Opinion No: 2006 NYSlipOp 82656(U) |
| Decided on December 28, 2006 |
| Appellate Term, First 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. |
December 28, 2006
Choi, Hyung v Grayburn, Marilyn
It is Ordered that the motion to dismiss the appeal is granted. The appellant has failed diligently prosecute the appeal since filing the Notice of Appeal over twenty-two (22) months ago and despite a prior order of this Court requiring its prompt perfection by the October 2006 term. Accordingly, the appeal is dismissed and the Commissioner of Finance of the City of New York is directed to release the funds on deposit in this proceeding, plus any accrued interest and less any costs, to the Plaintiff-Respondent Hyung Choi.
By: McCooe, J.P., Davis, Schoenfeld, J.J.
Motion No. 570247/06