Opinion
Motion No: 2018-02272 KC
12-19-2019
Hoffman & Hoffman, LLC, Respondent, v. Zamari Graham-Smith, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered October 29, 2018. The order conditionally granted appellant's motion to stay the execution of the warrant. In a so-ordered stipulation dated November 16, 2018, the proceeding was marked discontinued.
On the court's own motion, it is
ORDERED that the appeal is dismissed as moot, without prejudice to appellant seeking relief in a proper forum.
As the stay has expired, any issue concerning the terms of the stay was rendered moot upon the expiration of the stay (see State of New York v General Elec. Co., 103 AD2d 985 [1984]). In addition, an appeal can not be maintained once a proceeding has been discontinued (see Livny v Rotella, 305 AD2d 377 [2003]).
ENTER:
Paul Kenny
Chief Clerk