| Greenstone & Nehlen Mktg., LLC v Peter Kampf & Meridian Dental |
| Motion No: 2018-01218 NC |
| Slip Opinion No: 2018 NY Slip Op 78231(U) |
| Decided on July 12, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Greenstone & Nehlen Marketing, LLC, Respondent, v Peter Kampf and Meridian Dental, Defendants. Peter Kampf DDS, PC, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the District Court of Nassau County, First District, entered June 15, 2017, for failure to prosecute and on the ground that it was taken by an entity that is not a party to the action, for the release of funds on deposit, and for costs.
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 is granted and the appeal is dismissed on the ground that appellant is not aggrieved by the judgment against defendants (see CPLR 5511; Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]) and on the further ground of failure to prosecute; and it is further,
ORDERED that the branch of the motion seeking the release of funds on deposit is granted and the District Court of Nassau County, First District, is directed to release the funds on deposit in this matter to respondent Greenstone & Nehlen Marketing, LLC, less any lawful fees; and it is further,
ORDERED that the branch of the motion seeking costs is denied.
ENTER:
Paul Kenny
Chief Clerk