Coleman v Ceraolo

[*1] Coleman v Ceraolo 2010 NY Slip Op 50057(U) [26 Misc 3d 131(A)] Decided on January 19, 2010 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 19, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, JJ
570053/09.

James V. Coleman, as Receiver, Petitioner-Landlord-Respondent, - -

against

Tony Ceraolo, Respondent-Tenant, Hal Ozkurt and Royal Power, Inc., Non-Party Intervenors-Appellants.

Non-party intervenors Hal Ozkurt and Royal Power, Inc. appeal from (1) those portions of an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), dated December 20, 2008, which denied their motion to vacate a default judgment and warrant of eviction and dismiss the commercial nonpayment proceeding, or, alternatively, to permit them to interpose an answer, and (2) an order, same court and Judge, dated January 27, 2009, which, on reargument, adhered to the prior determination.

Per Curiam.

Appeal from orders (Ben R. Barbato, J.), dated December 20, 2008 and January 27, 2009, dismissed, without costs, as moot.

This appeal has been rendered moot because the intervenors-appellants were evicted from the subject commercial premises during the pendency of this appeal after failing to comply with the terms of the stay order issued by this Court (see Mt. Carmel Assoc., L.P. v Jones, 25 Misc 3d 13[A], 2009 NY Slip Op 52131[U]; Tamara Prop. Inc. v 91 Charles St. Rest., Inc., 10 Misc 3d 137[A], 2005 NY Slip Op. 52146[U]). The circumstances present do not warrant addressing the issues raised under an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: January 19, 2010