Opinion
No. 570242/16.
12-13-2016
Tita S. NGALAM, Petitioner–Landlord–Appellant, v. Ercia MARTINEZ, Respondent–Tenant–Respondent.
Appeals from order (Paul L. Alpert, J.), entered January 6, 2016 and order (Verna L. Saunders, J.), entered March 7, 2016, dismissed, without costs, as moot.
These appeals have been rendered moot because tenant-appellant was evicted from the subject premises during the pendency of the appeal after failing to comply with the terms of the stay order issued by this Court (see Coleman v. Ceraolo, 26 Misc.3d 131[A], 2010 N.Y. Slip Op 50057[U] [App Term, 1st Dept 2010] ; Mount Carmel Assoc., L.P. v. Jones, 25 Misc.3d 131[A], 2009 N.Y. Slip Op 52131[U] [App Term, 1st Dept 2009] ). 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 N.Y.2d 707, 714–715 [1980] ).
Were we to reach the merits, we would affirm the denial of tenant's motions, inasmuch as she failed to demonstrate legal cause to vacate the stipulation settling the underlying commercial nonpayment proceeding (see Hallock v. State of New York, 64 N.Y.2d 224, 230 [1984] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.