Allison Mcnally v Moses Rivera, Doing Bus. As Nimo Design Studio
Motion No: 2019-01556 NC
Slip Opinion No: 2019 NY Slip Op 86720(U)
Decided on December 11, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2019-1556 N C
Allison McNally, Respondent, v Moses Rivera, Doing Business as Nimo Design Studio, Appellant.

Motion by respondent to dismiss an appeal from a judgment of the District Court of Nassau County, First District, entered March 3, 2017, for lack of prosecution, 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 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 funds on deposit in this matter are directed to be released to respondent Allison McNally, less any lawful fees.

ENTER:

Paul Kenny

Chief Clerk