Opinion
2009-2442 Q C
01-04-2012
S QPII-143-45 Sanford Avenue, LLC, Respondent, v. Eric L. Spinner, Appellant, et al., Undertenants.
, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to reargue an appeal from a final judgment of the Civil Court of the City of New York, Queens County, entered November 18, 2009, which was determined by a decision and order of this court dated September 21, 2011, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court, and for related relief. Separate motion by respondent to direct the release of funds on deposit and to permit respondent to execute upon the warrant of eviction.
Upon the papers filed in support of the motions and the papers filed in opposition to respondent's motion, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for the purposes of disposition; and it is further,
ORDERED that appellant's motion is denied; and it is further,
ORDERED that respondent's motion is granted only to the extent of directing the New York City Department of Finance to release all funds on deposit in this matter to respondent QPII-143-45 Sanford Avenue, LLC, less any lawful fees, and respondent's motion is otherwise denied.
ENTER:
Paul Kenny
Chief Clerk