| Midland Funding, LLC Etc. v Zev Farkas |
| Motion No: 2013-02280 KC |
| Slip Opinion No: 2017 NY Slip Op 64626(U) |
| Decided on February 6, 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.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Midland Funding, LLC etc., Appellant, v Zev Farkas, Respondent. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 10, 2013, to vacate a stay granted by decision and order on motion of this court dated January 10, 2014, and extended by decisions and orders on motion of this court dated December 3, 2014, March 5, 2015, June 30, 2015, November 4, 2015 and April 21, 2016, respectively, to dismiss the appeal for failure to prosecute, and for 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 is vacated and the New York City Department of Finance is directed to release the funds on deposit in this matter to respondent Zev Farkas, less any lawful fees.
ENTER:
Paul Kenny
Chief Clerk