| 104 Realty LLC v Tuvia Ben Shmuel Yosef |
| Motion No: 2010-02103 qc |
| Slip Opinion No: 2011 NY Slip Op 80201(U) |
| Decided on August 1, 2011 |
| 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
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| 104 Realty LLC, Respondent, v Tuvia Ben Shmuel Yosef, Appellant. |
Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Queens County, dated June 24, 2010, for failure to perfect, and for the release of funds on deposit.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to dismiss the appeal for failure to perfect is granted and the appeal is dismissed; and it is further,
ORDERED that the branch of the motion seeking an order directing the release of funds on deposit is granted and the New York City Department of Finance is directed to release the funds on deposit in this matter to respondent 104 Realty, LLC, less any lawful fees.
ENTER:
Paul Kenny
Chief Clerk