Michael Hughes Etc. v Vincent Mone
Motion No: 2015-02372 SC
Slip Opinion No: 2016 NY Slip Op 75275(U)
Decided on May 25, 2016
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

ANTHONY MARANO

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2015-SMC-3
2015-2372 SC
Michael Hughes etc., Respondent, v Vincent Mone, Appellant.

Motion by respondent to dismiss an appeal from judgments of the Justice Court of the Town of Riverhead, Suffolk County, entered August 14, 2015, for failure to prosecute, to vacate a stay granted by decision and order on motion of this court dated December 23, 2015, 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 motion is granted, the appeal is dismissed, the stay granted by decision and order on motion of this court dated December 23, 2015 is vacated, and the Suffolk County Treasurer's Office is directed to release the funds on deposit in this matter to respondent Michael Hughes doing business as North Shore Yacht Sales, less any lawful fees.

ENTER:

Paul Kenny

Chief Clerk