| 175 E. 52nd St., LLC v Layne Lamothe |
| Motion No: 2016-01436 KC |
| Slip Opinion No: 2018 NY Slip Op 70868(U) |
| Decided on April 18, 2018 |
| 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 175 East 52nd Street, LLC, Respondent, v Layne Lamothe, Appellant. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 14, 2016, for failure to prosecute, for the release of funds on deposit, and for other relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to dismiss the appeal is denied and the appeal shall be perfected by June 1, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 1, 2018, the court, on its own motion, may dismiss the appeal, without further notice, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person; and it is further,
ORDERED that the branch of the 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 175 East 52nd Street, LLC, less any lawful fees; and it is further,
ORDERED that the remainder of the motion is denied.
ENTER:
Paul Kenny
Chief Clerk