Opinion
Motion No: 2015-00868 KC
06-06-2016
Joell C. Barnett, Respondent, v. Eddie Melendez, Appellant, et al., Undertenant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 29, 2015. By decision and order on motion of this court dated July 13, 2015, appellant's motion was held in abeyance and the matter remitted to the Civil Court for a hearing to determine whether appellant is an adult incapable of defending his rights. After numerous adjournments for failure of all parties to appear, the Civil Court, in effect, vacated the final judgment and dismissed the petition on May 19, 2016.
Now, upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the appeal is dismissed, as there is no longer a proceeding pending; and it is further,
ORDERED that appellant's motion for a stay is denied as academic.
ENTER:
Paul Kenny
Chief Clerk