New York City Hous. Auth. v. Lassiter

Full title: NEW YORK CITY HOUSING AUTHORITY, Petitioner-Landlord-Respondent, v. SIDAT…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Mar 27, 2008

2008 N.Y. Slip Op. 50624 (N.Y. App. Term 2008)

Opinion

570259/07.

Decided March 27, 2008.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Pam B. Jackson-Brown, J.), dated April 10, 2007, which denied his motion to stay execution of the warrant of eviction in a nonpayment summary proceeding.

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ.

PER CURIAM.

Appeal from order (Pam B. Jackson-Brown, J.), dated April 10, 2007, dismissed, without costs, as moot.This appeal has been rendered moot by landlord's subsequent withdrawal of the underlying nonpayment proceeding upon tenant's payment of all outstanding rent arrears. Inasmuch as no exception to the mootness doctrine is present ( see Matter of Hearst Corp. v Clyne, 50 NY2d 707), this appeal is dismissed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.