Lilian Levy Etc. v Jennifer Pedersen
Motion No: 2014-00223 NC
Slip Opinion No: 2014 NY Slip Op 80629(U)
Decided on July 31, 2014
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 9th & 10th judicial Districts

ANGELA G. IANNACCI, J.P.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2014-223 N C
Lilian Levy etc., Respondent, v Jennifer Pedersen, Appellant, et al., Undertenants.

Motion by appellant to withdraw an appeal from a final judgment of the District Court of Nassau County, First District, entered January 21, 2014, and for the release of the funds on deposit. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion. Separate motion by respondent for the release of the funds on deposit.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that appellant's motion and respondent's motions are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion for an enlargement of time to serve and file papers in opposition to appellant's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,

ORDERED that the branch of appellant's motion seeking to withdraw the appeal is granted and the appeal is marked withdrawn; and it is further,

ORDERED that respondent's motion for the release of the funds on deposit is granted to the extent that the District Court of Nassau County, First District, is directed to release the sum of $800 to respondent Lilian Levy; and it is further,

ORDERED that appellant's motion for the release of the funds on deposit is granted to the extent that the District Court of Nassau County, First District, is directed to release the remainder of the funds on deposit in this matter to appellant Jennifer Pedersen, less any lawful fees.

ENTER:

Paul Kenny

Chief Clerk