Yoconda Franco v Raffaelli Law Firm, P.C.
Motion No: 2014-02570 QC
Slip Opinion No: 2015 NY Slip Op 62676(U)
Decided on January 15, 2015
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

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2014-2570 Q C
Yoconda Franco, Respondent, v Raffaelli Law Firm, P.C., Appellant.

Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered July 11, 2013, for failure to prosecute, and for an order directing 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 prosecute 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 Yoconda Franco, less any lawful fees.

ENTER:

Paul Kenny

Chief Clerk