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Hillside Place, LLC v. Justin Ashton Lewis

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


August 4, 2011

HILLSIDE PLACE, LLC,
APPELLANT,
v.
JUSTIN ASHTON LEWIS, RESPONDENT, -AND- "JOHN DOE", "JANE DOE" AND ASHAMI LEWIS,
UNDERTENANTS.

Appeal from an order of the Civil Court of the City of New York, Queens County (Maria Ressos, J.), dated March 2, 2010.

Hillside Place, LLC v Lewis

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 4, 2011

PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ

The order granted tenant's motion to vacate a final judgment entered June 26, 2009 to the extent of staying the execution of the warrant of eviction until March 31, 2010 in a nonpayment summary proceeding.

ORDERED that the appeal is dismissed.

In this nonpayment proceeding, landlord's appeal from an order of the Civil Court staying the execution of the warrant of eviction until March 31, 2010 for payment must be dismissed as moot since the stay has expired and tenant failed to make payment within the time provided (see Pandya v Korolev, 9 Misc 3d 127[A], 2005 NY Slip Op 51469[U] [App Term, 2nd & 11th Jud Dists 2005], citing State of New York v General Elec. Co., 103 AD2d 985 [1984]). Moreover, nothing in the record justifies invocation of an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 [1980]; Jones v Allen, 185 Misc 2d 443 [App Term, 2d & 11th Jud Dists 2000]).

Pesce, P.J., Weston and Steinhardt, JJ., concur. Decision

Date: August 04, 2011

20110804

© 1992-2011 VersusLaw Inc.



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