2012-1694 S C. ALUMINUM HOUSE CORP. v. WHITE — Motion by respondent to dismiss an appeal from a judgment of the District Court of Suffolk County, Fifth District, entered March 31, 2009, for failure to prosecute, and for an order directing 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 for failure to prosecute is granted and the appeal is dismissed; and it is further,

ORDERED that the branch of the motion seeking an order directing the release of funds on deposit is granted and the Suffolk County Treasurer's Office is directed to release the funds on deposit in this matter to respondent Aluminum House Corp., less any lawful fees.