Opinion
2010-3228 Q C 2010-1397 Q C
04-01-2013
Rochdale Village, Inc., Respondent, v. Eric Miller, Administrator of the Estate of Osborne Miller, Occupant, and Peggy Morris, Appellant.
, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Consolidated appeals from orders of the Civil Court of the City of New York, Queens County, entered June 7, 2010 and October 22, 2010, respectively. The orders denied appellant's motions to vacate a default final judgment that had been entered against her on April 22, 2010.
On the court's own motion, it is
ORDERED that the consolidated appeals are dismissed as moot.
Inasmuch as appellant has been evicted pursuant to the default final judgment, which awarded respondent possession only, and does not seek on these consolidated appeals to be restored to possession, the consolidated appeals from the orders denying her motions to vacate the default final judgment are moot (see e.g. Corbin v Harris, 64 AD2d 620 [1978]; Douglas v Latimer, 32 Misc 3d 131[A], 2011 NY Slip Op 51317[U] [App Term, 9th & 10th Jud Dists 2011]).
ENTER:
Paul Kenny
Chief Clerk