Opinion
1540N, M-3205
August 1, 2002.
Appeal from order, Supreme Court, New York County (Karla Moskowitz, J.), entered April 24, 2002, unanimously dismissed, with costs to petitioner-appellant. While the non-payment proceeding has been remanded to Civil Court due to events subsequent to the calendaring of this appeal and therefore this appeal must be dismissed, we note that respondent's continued possession of the premises without payment of use and occupancy is indefensible. Motion seeking leave to dismiss appeal granted.
BRIAN J. ISAAC, for petitioner-appellant.
Before: Tom, J.P., Mazzarelli, Rosenberger, Ellerin, Rubin, JJ.
No opinion.
Order filed.