95 Third LLC v Moroney

[*1] 95 Third LLC v Moroney 2013 NY Slip Op 51801(U) Decided on October 30, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 30, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
570509/13.

95Third LLC, Petitioner-Landlord-Respondent,

against

Laura Moroney, Respondent-Tenant-Appellant,

Tenant appeals from so much of an order of the Civil Court of the City of New York, New York County (Timmie E. Elsner, J.), dated December 27, 2012, as denied her motion to vacate a stipulation of settlement in a holdover summary proceeding.

Per Curiam.

Appeal from order (Timmie E. Elsner, J.), dated December 27, 2012, dismissed, without costs, as moot.

Tenant's appeal, which concerns the propriety of an order denying vacatur of the parties' settlement stipulation and the resultant consent final judgment, has been rendered moot since tenant vacated the apartment premises and the warrant of eviction was executed during the appeal's pendency (see Makus v Russo, 237 AD2d 762, 762-763 [1997]). As no exception to the mootness doctrine is present (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]), the appeal must be dismissed. In any event, were we not dismissing the appeal, we would affirm.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 30, 2013