Opinion
Motion No: 2018-00222 KC
02-26-2018
Mohsen Zandiah, Arash Zandieh and Ashkan Zandieh, Appellants, v. Grzegorz Polkosnik and Marzanna Polkosnik, Respondents.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellants for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered January 18, 2018. The final judgment, after a nonjury trial, dismissed the petition in an owner's use holdover summary proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,
ORDERED that appellants' motion for a stay is denied as academic.
The appeal has been rendered moot by the offer and acceptance of a renewal lease (see Stepping Stones Assoc. v Seymour, 48 AD3d 581, 584 [2d Dept 2008]; Related Broadway Dev., LLC v Malo, __ Misc 3d ____[A], 2018 NY Slip Op 50175[U] [App Term, 1st Dept 2018]; Central Ave. Partners, LLC v Liquin Huang Chen, 2014 NY Slip Op 71759[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]; Kew Gardens Assoc., LLC v Camacho, 3 Misc 3d 135[A], 2004 NY Slip Op 50473[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2004]; but see Chelsea 19 Assoc. v James, 67 AD3d 601 [1st Dept 2009]).
PESCE, P.J., and ALIOTTA, J., concur.
SOLOMON, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk