Lebron v Hendrickson

[*1] Lebron v Hendrickson 2005 NY Slip Op 52086(U) [10 Misc 3d 133(A)] Decided on December 12, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 12, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT:: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
2004-1650 S C

Paul Lebron, Respondent,

against

Cynthia Hendrickson, Appellant.

Appeal from an order of the District Court of Suffolk County, Fifth District (James P. Flanagan, J.), entered September 13, 2004. The order denied occupant's motion to stay the warrant of eviction in a holdover summary proceeding.

Appeal unanimously dismissed.

After acquiring title to the instant residential premises in a foreclosure sale, Paul Lebron executed a settlement stipulation with the occupant, Cynthia Hendrickson, the former owner, which, inter alia, granted Mr. Lebron a warrant of eviction and stayed said warrant to allow occupant an opportunity to purchase the premises. The court below ultimately vacated the stay and denied occupant's motion to reinstate the stay. While occupant's instant appeal of that denial was pending, the warrant was executed, mooting the issue of the propriety of the motion and mandating the appeal's dismissal. In light of said dismissal, this court did not review the merits of occupant's claims to possession, on the basis that she substantially performed under the stipulation. [*2]
Decision Date: December 12, 2005