Nicholas M. Macri v Kenneth Wash.
Motion No: 2010-03260 kc
Slip Opinion No: 2012 NY Slip Op 67168(U)
Decided on March 8, 2012
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

JAIME A. RIOS, J.P.

MICHELLE WESTON

JOSEPH G. GOLIA, JJ.

DECISION & ORDER ON MOTION

2010-3260 K C
Nicholas M. Macri, Respondent, v Kenneth Washington, Appellant.

Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered September 27, 2010, and to direct 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 is denied as moot, as the judgment was affirmed by decision and order of this court dated November 4, 2011; 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 Nicholas M. Macri, less any lawful fees.

ENTER:

Paul Kenny

Chief Clerk