| Paul Mcmillian v Ronald Twitty & Shally Elec., Inc. |
| Motion No: 2009-01390 kc |
| Slip Opinion No: 2010 NY Slip Op 91040(U) |
| Decided on December 13, 2010 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Paul McMillian, Respondent, v Ronald Twitty and Shally Electric, Inc., Defendants, and Peter Linkourentzos, Appellant. |
Motion by respondent for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 4, 2009, which was determined by decision and order of this court dated October 1, 2010, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court. Separate motion by appellant for an order directing the release of funds on deposit.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that the motions are consolidated for the purposes of disposition; and it is further,
ORDERED that respondent's motion is denied; and it is further,
ORDERED that appellant's motion is granted and the New York City Department of Finance is directed to release the funds on deposit in this matter to appellant Peter Linkourentzos, less any lawful fees.
ENTER:
Jaime A. Rios
Associate Justice