Ali v Chandler

[*1] Ali v Chandler 2012 NY Slip Op 50889(U) Decided on May 11, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 11, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., PESCE and RIOS, JJ
2011-1749 K C.

Maria Ali, Respondent,

against

Carol Chandler, Appellant, -and- "JOHN DOE" and "JANE DOE", Undertenants.

Appeal from an order of the Civil Court of the City of New York, Kings County (Marcia J. Sikowitz, J.), entered June 10, 2011. The order denied tenant's motion for, in effect, a two-week stay of execution of the warrant of eviction in a holdover summary proceeding.

ORDERED that the appeal is dismissed.

In this holdover summary proceeding, tenant appeals from an order of the Civil Court entered June 10, 2011 which denied her motion to stay the warrant of eviction for two weeks. The appeal must be dismissed as moot since the relief sought by tenant, a two-week stay, has expired and nothing in the record justifies an exception to the mootness doctrine (see State of New York v General Elect. Co., 103 AD2d 985 [1984]; Hillside Place, LLC v Lewis, 32 Misc 3d [*2]137[A], 2011 NY Slip Op 51534[U] [App Term, 2d, 11th & 13th Jud Dists 2011]).

Weston, J.P., Pesce and Rios, JJ., concur.
Decision Date: May 11, 2012