Opinion
No. 2023-321 N C
07-25-2024
795 Merrick Road Realty, LLC, Appellant, v. Toby Tyberg and Leah Welsh, Respondents.
William D. Friedman, for appellant. Law Offices of Alexander C. Pabst, PLLC (Alexander C. Pabst of counsel), for respondents.
Unpublished Opinion
William D. Friedman, for appellant.
Law Offices of Alexander C. Pabst, PLLC (Alexander C. Pabst of counsel), for respondents.
PRESENT: TIMOTHY S. DRISCOLL, J.P., JAMES P. McCORMACK, ELENA GOLDBERG-VELAZQUEZ, JJ
Appeal from an order of the District Court of Nassau County, First District (Christopher Coschignano, J.), dated February 23, 2023. The order granted tenants' motion to dismiss the petition.
ORDERED that the appeal is dismissed.
In this nonpayment summary proceeding, both parties acknowledge in their briefs on appeal that landlord has withdrawn the petition. Contrary to landlord's argument, this appeal does not meet the requirements for an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707 [1980]). Accordingly, the appeal is dismissed.
DRISCOLL, J.P., McCORMACK and GOLDBERG-VELAZQUEZ, JJ., concur.