| Gus Efaplomatidis v Aires Mexicanos Rest. Corp., Tenant, & Jose Santamarie Cortez & Tropicana Corp., Undertenants-appellants, Et Al., Undertenant. |
| Motion No: 2016-01014 QC |
| Slip Opinion No: 2017 NY Slip Op 63503(U) |
| Decided on January 25, 2017 |
| 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Gus Efaplomatidis, Respondent, v Aires Mexicanos Restaurant Corp., Tenant, and Jose Santamarie Cortez and Tropicana Corp., Undertenants-Appellants, et al., Undertenant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 15, 2016, to vacate a stay granted by decision and order on motion of this court dated September 9, 2016, 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 vacate the stay is granted; 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 Department of Finance is directed to release the funds on deposit in this matter to respondent Gus Efaplomatidis, less any lawful fees.
ENTER:
Paul Kenny
Chief Clerk