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Ali v. Chandler

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
May 11, 2012
35 Misc. 3d 142 (N.Y. App. Div. 2012)

Opinion

No. 2011–1749 K C.

2012-05-11

Maria ALI, Respondent, v. Carol CHANDLER, Appellant, and “John Doe” and “Jane Doe”, Undertenants.


Present: WESTON, J.P., PESCE and RIOS, JJ.

Appeal from an order of the Civil Court of the City of New York, Kings County (Marcia J. Sikowitz, J.), entered June 10, 2011. The order denied tenant's motion for, in effect, a two-week stay of execution of the warrant of eviction in a holdover summary proceeding.

ORDERED that the appeal is dismissed.

In this holdover summary proceeding, tenant appeals from an order of the Civil Court entered June 10, 2011 which denied her motion to stay the warrant of eviction for two weeks. The appeal must be dismissed as moot since the relief sought by tenant, a two-week stay, has expired and nothing in the record justifies an exception to the mootness doctrine ( see State of New York v. General Elect. Co., 103 A.D.2d 985 [1984];Hillside Place, LLC v. Lewis, 32 Misc.3d 137[A], 2011 N.Y. Slip Op 51534[U] [App Term, 2d, 11th & 13th Jud Dists 2011] ).

WESTON, J.P., PESCE and RIOS, JJ., concur.


Summaries of

Ali v. Chandler

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
May 11, 2012
35 Misc. 3d 142 (N.Y. App. Div. 2012)
Case details for

Ali v. Chandler

Case Details

Full title:Maria ALI, Respondent, v. Carol CHANDLER, Appellant, and “John Doe” and…

Court:Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: May 11, 2012

Citations

35 Misc. 3d 142 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 50889
953 N.Y.S.2d 548