—[*1] Michael A. Cardozo, Corporation Counsel, New York (Dona B. Morris of counsel), for appellant.

Jonathan S. Gould, New York, for Posner respondents.

Roger J. Bernstein, New York, for Michael Kessler, respondent.

Joseph A. Bondy, New York, respondent pro se and for Robert Fogelnest and Margaret Clemons, respondents.

Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about April 13, 2010, which, in an action concerning custody of seized funds, denied the motion of nonparty New York City Police Department (NYPD) to vacate prior orders, same court and Justice, entered on or about February 18, 2010, directing the release of money from the seized funds to pay defendants' attorneys' fees, private investigator fees, accountant's fees, and living expenses, unanimously affirmed, without costs. Appeals from orders, same court and Justice, entered on or about April 13, 2010, which directed the NYPD to release funds to pay said fees accruing up to March 2010, unanimously dismissed, without costs, as subsumed in the appeal from the order denying the NYPD's motion to vacate.

The court had jurisdiction to decide the issue regarding the release of the seized funds (see CPL 690.55 [1] [a]; Matter of Documents Seized Pursuant to Search Warrant, 124 Misc 2d 897, 899 [1984]). The record belies NYPD's argument that it was not afforded a full and fair [*2]opportunity to be heard before the court directed the release of the subject funds. Furthermore, under the circumstances presented, the court properly exercised its equitable powers to order the release of the funds to pay attorneys' and experts' fees (id.).

We have considered NYPD's remaining arguments and find them unavailing. Concur—Mazzarelli, J.P., Catterson, DeGrasse and Abdul-Salaam, JJ.