| Rockalltheway, LLC v Fu Xing Zhuo & Xing Xing Chinese Rest., Inc. |
| Motion No: 2018-00321 QC |
| Slip Opinion No: 2019 NY Slip Op 73710(U) |
| Decided on March 1, 2019 |
| 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
| Rockalltheway, LLC, Respondent, v Fu Xing Zhuo and Xing Xing Chinese Restaurant, Inc., Appellants, et al., Undertenants. |
Motion by 9720 RBB, LLC, the successor in interest to respondent, on an appeal from an order of the Civil Court of the City of New York, Queens County, entered December 20, 2017, and a final judgment of that court entered May 7, 2018, in effect, to vacate so much of a decision and order on motion of this court dated July 20, 2018 as provided for the release of funds on deposit to respondent and to substitute therefor a provision directing the release of the funds to it. Separate application, in effect, by appellants for leave to withdraw the appeal.
Upon the papers filed in support of the motion, and the papers filed in response thereto and in support of the application, it is
ORDERED, on the court's own motion, that the motion by 9720 RBB, LLC and the application are consolidated for the purposes of disposition; and it is further,
ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the motion by 9720 RBB, LLC is granted, so much of the decision and order on motion of this court dated July 20, 2018 as provided for the release of funds on deposit to respondent is vacated and the New York City Department of Finance is directed to release the funds on deposit in this matter to 9720 RBB, LLC, less any lawful fees.
ENTER:
Paul Kenny
Chief Clerk