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Hoffman & Hoffman, LLC v. Graham-Smith

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Dec 19, 2019
2019 N.Y. Slip Op. 87180 (N.Y. App. Term 2019)

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


Summaries of

Hoffman & Hoffman, LLC v. Graham-Smith

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Dec 19, 2019
2019 N.Y. Slip Op. 87180 (N.Y. App. Term 2019)
Case details for

Hoffman & Hoffman, LLC v. Graham-Smith

Case Details

Full title:Hoffman & Hoffman, LLC, Respondent, v. Zamari Graham-Smith, Appellant.

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

Date published: Dec 19, 2019

Citations

2019 N.Y. Slip Op. 87180 (N.Y. App. Term 2019)