Matter of RAM I LLC v New York State Div. of Hous. & Community Renewal

Matter of RAM I LLC v New York State Div. of Hous. & Community Renewal 2015 NY Slip Op 09189 Decided on December 15, 2015 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 15, 2015
No. 202

[*1]In the Matter of RAM I LLC, Appellant,

v

New York State Division of Housing and Community Renewal, Respondent, et al., Respondent.

Lawrence D. Bernfeld, for appellant.

Martin B. Schneider, for respondent New York State Division of Housing and Community Renewal.

Small Property Owners of New York, Inc. et al., amici curiae.

MEMORANDUM:

The appeal should be dismissed, without costs, as moot.

The tenant having vacated the rent-controlled apartment at issue, pursuant to a Stipulation of Settlement with petitioner, this appeal has been rendered moot (see Matter of Grand Jury Subpoenas , 72 NY2d 307, 311 [1988]; Matter of Hearst Corp. v Clyne , 50 NY2d 707 [*2][1980]). The exception to the mootness doctrine is not applicable here (see Wisholek v Douglas , 97 NY2d 740, 742 [2002]).

* * * * * * * * * * * * * * * * *

Appeal dismissed, without costs, as moot, in a memorandum. Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Decided December 15, 2015