SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
July 8, 2011
VERDA DOUGLAS, APPELLANT,
LAURIE LATIMER, RESPONDENT, -AND- "JOHN DOE" AND "JANE DOE", UNDERTENANTS.
Appeal from an order of the District Court of Nassau County, First District (Scott Fairgrieve, J.), dated March 4, 2010.
Douglas v. Latimer
Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on July 8, 2011
PRESENT:IANNACCI, J.P., NICOLAI and MOLIA, JJ
The order,insofar as appealed from, upon granting landlord's motion for leave to reargue her opposition to tenant's prior motion to dismiss the petition, adhered to the prior determination.
ORDERED that the appeal is dismissed.
In this holdover summary proceeding, the only issue presented was the
right to possession of the subject premises. Both parties acknowledge
in their briefs on appeal that the appeal is moot, as tenant has now
moved out of the premises. Contrary to landlord's argument, this
appeal does not meet the requirements for an exception to the mootness
doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 ).
First, landlord has failed to demonstrate that the issues raised on
this appeal would generally evade appellate review. Moreover, one of
the primary issues of which landlord seeks review has already been
decided by this court in Rosina v Parra (18 Misc 3d 12 [App Term, 9th
& 10th Jud Dists 2007]). In any event, we note that, while landlord claims to
be seeking review of issues relating to Section 8 tenancies, she failed even to
allege the existence of a Section 8 tenancy in the petition or the notice of termination.
Accordingly, the appeal is dismissed.
Iannacci, J.P., Nicolai and Molia, JJ., concur.
Decision Date: July 08, 2011
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