117-119 15th St. L.L.C. v Rachel Murph
Motion No: 2006-01556 KC
Slip Opinion No: 2007 NYSlipOp 66262(U)
Decided on March 26, 2007
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 : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and BELEN, JJ.

NO. 2006-1556 K C
117-119 15TH ST. LLC.,

Respondent,

-against-

RACHEL MURPH,

Appellant.

DECISION

That branch of the motion by landlord-respondent to dismiss appeal for failure to prosecute is denied as moot.

That branch of the motion to release funds deposited with the court below is granted.

The appeal was dismissed by an order of this court dated February 15, 2007, rendering the first branch of the motion moot.