| Cag Enter., Inc. v Deanne France |
| Motion No: 2014-00366 KC |
| Slip Opinion No: 2014 NY Slip Op 87371(U) |
| Decided on October 8, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| CAG Enterprise, Inc., Respondent, v Deanne France, Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, dated February 21, 2014, to continue a stay granted by amended decision and order on motion of this court dated May 5, 2014. Cross motion by respondent to vacate the stay, dismiss the appeal and for the release of funds on deposit.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is denied; and it is further,
ORDERED that the branch of respondent's cross motion seeking to vacate the stay contained in the decision and order on motion of this court dated May 5, 2014 is granted; and it is further,
ORDERED that the branch of respondent's cross motion seeking 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 CAG Enterprise, Inc., less any lawful fees; and it is further,
ORDERED that the branch of respondent's cross motion seeking to dismiss the appeal is denied.
ENTER:
Paul Kenny
Chief Clerk