Opinion
November 5, 1984
Appeal from the Supreme Court, Rockland County (Marbach, J.).
Appeal dismissed, without costs or disbursements, and order entered April 14, 1983 and amended order and judgment of the same court, dated February 2, 1983, vacated.
By order of this court dated March 19, 1984, it was declared that the resolution in question was valid and the moneys paid into escrow in this action as "excess rents" were directed to be returned to the tenants who paid them rather than to the plaintiffs ( Berry Estates v Division of Housing Community Renewal, reported sub nom. Spring Val. Gardens Assoc. v Marrero, 100 A.D.2d 93, apps dsmd 62 N.Y.2d 801). That being the case, this appeal is moot, and the amended order and judgment of the Supreme Court, Rockland County, dated February 2, 1983 and the order of the same court entered April 14, 1983, which are inconsistent with the order of this court dated March 19, 1984 must be vacated. Lazer, J.P., O'Connor, Rubin and Boyers, JJ., concur.