Scott Schneider v Elswith Samuels
Motion No: 2008-01051 RIC
Slip Opinion No: 2009 NY Slip Op 76860(U)
Decided on June 25, 2009
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 11th and 13th JUDICIAL DISTRICTS

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

NO. 2008-1051 RI C
SCOTT SCHNEIDER,

Respondent,

-against-

ELSWITH SAMUELS,

Appellant.

DECISION

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

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