Opinion
1:24-cv-2377 (FB)
06-24-2024
CLEAN AIR CAR SERVICE & PARKING BRANCH THREE, LLC, CLEAN AIR CAR SERVICE & PARKING CORP., Appellants, v. CLEAN AIR CAR SERVICE & PARKING BRANCH TWO, LLC, Appellee.
For the Appellants: KEVIN S. WANG Wood Wang & Associates, PLLC For the Appellees: JAY S. HELLMAN THOMAS A. DRAGHI ALEXANDRA TROIANO Westerman Ball Ederer Miller Zucker & Sharfstein, LLP
For the Appellants: KEVIN S. WANG Wood Wang & Associates, PLLC
For the Appellees: JAY S. HELLMAN THOMAS A. DRAGHI ALEXANDRA TROIANO Westerman Ball Ederer Miller Zucker & Sharfstein, LLP
MEMORANDUM AND ORDER
FREDERIC BLOCK, SENIOR UNITED STATES DISTRICT JUDGE
Appellants ask the Court to vacate the March 28, 2024 order of the bankruptcy court authorizing the eviction and removal of Clean Air Service & Parking Branch 3, LLC (“Clean Air Three”) from the property located at 37-20 Prince Street, Unit PU, Flushing, Queens County, NY 11354 (Block 4972, Lot 1104) (the “Property”). See In re: Clean Air Car Service & Parking Branch Two, LLC and Operr Plaza, LLC, Case No. 23-41937 (NHL), ECF No. 331 (Bankr. E.D.N.Y. 2023). * * *
The Property was sold on February 20, 2024, after the Bankruptcy Court issued an order approving the sale. The Bankruptcy Court subsequently entered an order granting Appellee's eviction motion. Clean Air Three was evicted from the Property on April 18, 2024, by the United States Marshall.
This Court dismissed the appeal of that order as statutorily moot under 11 U.S.C. § 363(m).
As Clean Air Three has been evicted, this appeal is rendered moot. See In re M.A.S. 284 Parking Corp., 107 F.3d 3 (2d Cir. 1997) (“[A]fter the eviction, the debtor's appeals . . . were moot.”). Accordingly, the appeal is dismissed.
SO ORDERED.