Derrick Calderon v Julia Basile
Motion No: 2009-01837 ROC
Slip Opinion No: 2009 NY Slip Op 87732(U)
Decided on November 2, 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 : 9th and10th JUDICIAL DISTRICTS

PRESENT : MOLIA, J.P., NICOLAI and TANENBAUM, JJ.

NO. 2009-1837 RO C
DERRICK CALDERON,

Respondent,

-against-

JULIA BASILE,

Appellant.

DECISION

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

That branch of the motion seeking an order authorizing and directing the release to Derrick Calderon of the funds deposited with the court below is also granted.