Opinion
570257/20
04-30-2021
Anthony TAVARES and Irannia Tavarez, Petitioners v. Juan TAVARES, Respondent, and New York City Housing Authority, Respondent-Respondent.
Per Curiam.
Order (Miriam Breier, J.), dated June 12, 2019, reversed and vacated, with $10 costs, and the petition dismissed as moot.
Petitioners commenced this illegal lockout proceeding pursuant to RPAPL 713(10) seeking restoration to a certain New York City Housing Authority apartment. While the proceeding was pending, petitioners informed the court that they no longer sought restoration to the premises. Consequently, the Civil Court should have dismissed the petition as academic rather than on the merits (see Branic Intl. Realty Corp. v Pitt , 24 NY3d 1005 [2014]; Matter of Gold-Greenberger v Human Resources Admin. of City of NY , 77 NY2d 973 [1991] ). The effect of our disposition is "to erase the whole case from the books" ( Matter of Park E. Corp. v Whalen , 43 NY2d 735, 736 [1977] ; see Matter of Branic Intl., Realty Corp. v Pitt , 124 AD3d 421 [2015], affd 26 NY3d 937 [2015] ).
All concur.