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Appellate Term, Second Department: April 8, 2019

Appellate Term, Second Department: April 8, 2019

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Second, Eleventh and Thirteenth JudicIal DistrictsCases Released on April 8, 2019

By: Pesce, P.J., Aliotta, Elliot, JJ.2016-969 Q C. GILL v. ALDONA FIRE PROTECTION, INC. — Appeal from an order of the Civil Court of the City of New York, Queens County, entered December 1, 2015. Counsel for undertenants-appellants notified this court that petitioner-respondent was discharged as receiver on December 11, 2014. By order to show cause dated December 14, 2017, undertenants-appellants were directed to show cause before this court pursuant to CPLR 1021 why an order should not be made dismissing the appeal for failure to effect timely substitution. Separate application by counsel for undertenants-appellants to withdraw the appeal and for the release of unspecified funds.Upon the order to show cause, and upon the papers filed in support of the application and no papers having been filed in opposition thereto, it isORDERED that the branch of the application seeking to withdraw the appeal is granted and the appeal is marked withdrawn; and it is further,ORDERED that the motion to dismiss the appeal is denied as moot; and it is further, ORDERED that the branch of the application seeking the release of funds is denied without prejudice to renewal upon a proper motion specifying the funds sought to be released and the party to whom they should be released.March 28, 2019

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