| Winston Duncan v Lloyd Ellis |
| Motion No: 2019-00670 QC |
| Slip Opinion No: 2019 NY Slip Op 78617(U) |
| Decided on August 23, 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.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Winston Duncan, Respondent, v Lloyd Ellis, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered March 13, 2018, for failure to prosecute, and for the release of funds on deposit.
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 granted and the appeal is dismissed; 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, less any lawful fees.
ENTER:
Paul Kenny
Chief Clerk