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Verda Douglas, Appellant v. Laurie Latimer

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


July 8, 2011

VERDA DOUGLAS, APPELLANT,
v.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 [1980]). 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

20110708

© 1992-2011 VersusLaw Inc.



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