Leopoldina Portela v Mateo Weiner
Motion No: 2006-01623 QC
Slip Opinion No: 2007 NYSlipOp 69075(U)
Decided on May 8, 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., WESTON PATTERSON and RIOS, JJ.

NO. 2006-1623 Q C
LEOPOLDINA PORTELA,

Respondent,

-against-

MATEO WEINER,

Appellant,

-and-

"JOHN DOE" AND "JANE DOE",

Undertenants.

DECISION

That branch of the motion by landlord-respondent to vacate the stay contained in the order of this court dated December 13, 2006 is granted.

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

On the court's own motion, appeal dismissed for failure to prosecute.