Opinion
2012-1234 K C
02-13-2013
David Zelman, Respondent, v. Jenny Elbaz, Appellant.
, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, dated May 31, 2012, to vacate a stay granted by decision and order of this court dated June 27, 2012 and modified by decision and order of this court dated July 27, 2012, and for the release of the funds on deposit.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as moot, as any issue with respect to the conditions of the stay provided for in the Civil Court stipulation dated March 19, 2012 was rendered moot when that stay expired on November 30, 2012 pursuant to the terms of the stipulation (see State of New York v General Elec. Co., 103 AD2d 985 [1984]); and it is further,
ORDERED that the branch of respondent's motion seeking to vacate the stay granted by decision and order of this court dated June 27, 2012 and modified by decision and order of this court dated July 27, 2012 is denied as academic; and it is further,
ORDERED that the branch of respondent's motion seeking the release of the funds on deposit is granted and the New York City Department of Finance is directed to release the funds on deposit in this matter, less any lawful fees, to respondent David Zelman.
ENTER:
Paul Kenny
Chief Clerk