232 W. 14th LLC v Marengo

[*1] 232 W. 14th LLC v Marengo 2014 NY Slip Op 50070(U) Decided on January 28, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 28, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P. , Schoenfeld, Hunter, Jr., JJ
570318/13.

232 W. 14th LLC, Petitioner-Appellant, - -

against

Buster Marengo, "John Doe" and "Jane Doe", Respondents-Respondents.

Petitioner appeals from a final judgment of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), entered on or about September 22, 2010, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.

Per Curiam.

Appeal from final judgment (Joseph E. Capella, J.), entered on or about September 22, 2010, dismissed, without costs, as moot.

This appeal has been rendered moot since respondent Marengo, the putative successor tenant of the subject rent stabilized apartment premises, was evicted during the pendency of the appeal and any determination by this Court would not affect the rights of the parties with respect to the possessory issues herein raised (see Makas 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 [1987]), the appeal must be dismissed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 28, 2014