Opinion
570053/09.
Decided January 19, 2010.
Non-party intervenors Hal Ozkurt and Royal Power, Inc. appeal from (1) those portions of an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), dated December 20, 2008, which denied their motion to vacate a default judgment and warrant of eviction and dismiss the commercial nonpayment proceeding, or, alternatively, to permit them to interpose an answer, and (2) an order, same court and Judge, dated January 27, 2009, which, on reargument, adhered to the prior determination.
PRESENT: Schoenfeld, J.P., Shulman, Hunter, JJ.
Appeal from orders (Ben R. Barbato, J.), dated December 20, 2008 and January 27, 2009, dismissed, without costs, as moot.
This appeal has been rendered moot because the intervenors-appellants were evicted from the subject commercial premises during the pendency of this appeal after failing to comply with the terms of the stay order issued by this Court ( see Mt. Carmel Assoc., L.P. v Jones , 25 Misc 3d 13 [A], 2009 NY Slip Op 52131[U]; Tamara Prop. Inc. v 91 Charles St. Rest., Inc. , 10 Misc 3d 137 [A], 2005 NY Slip Op. 52146[U]). The circumstances present do not warrant addressing the issues raised under an exception to the mootness doctrine ( see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur