Opinion
570382/06.
Decided October 5, 2006.
Landlord appeals from an order of the Civil Court, New York County (Laurie L. Lau, J.), dated November 25, 2005, which granted tenant's motion to vacate a final judgment and upon vacatur, dismissed the holdover summary proceeding.
Appeal from order (Laurie L. Lau, J.), dated November 25, 2005, dismissed, without costs, as moot. This appeal has been rendered moot by a stipulation of settlement entered into by the parties in a subsequent holdover summary proceeding involving the same apartment premises. Pursuant to the terms of the stipulation, landlord agreed to allow tenant to remain in the apartment for a probationary period of two years, during which time tenant must refrain from committing any of the conduct and/or permitting the conditions that resulted in the issuance of the DHPD certificate of eviction which served as the basis for each of the holdover proceedings. Inasmuch as no exception to the mootness doctrine is present ( see Matter of Hearst Corp. v. Clyne, 50 NY2d 707, 714-15), this appeal must be dismissed.
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
This constitutes the decision and order of the court.
I concur.