| Central Ave. Partners, LLC v Liquin Huang Chen |
| Motion No: 2012-01862 KC |
| Slip Opinion No: 2014 NY Slip Op 65870(U) |
| Decided on February 21, 2014 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MICHELLE WESTON, JJ.
ORDER TO SHOW CAUSE
| Central Avenue Partners, LLC, Appellant, v Liquin Huang Chen, Respondent, et al., Undertenants. |
Appeals from orders of the Civil Court of the City of New York, Kings County, entered March 29, 2012 and May 31, 2012, respectively. The order entered March 29, 2012 granted respondent's motion to stay the execution of the warrant in a nonpayment summary proceeding. The order entered May 31, 2012 granted respondent's motion to, in effect, vacate the warrant. At the oral argument of the appeals, respondent's attorney submitted a stipulation of settlement dated December 17, 2013, so-ordered by the Civil Court, which settled a concurrent holdover summary proceeding. In the stipulation, it was agreed, among other things, that respondent would pay appellant $12,360, representing all arrears to December 31, 2013, and that appellant would provide respondent with a renewal lease commencing April 1, 2014. In a second stipulation, dated January 16, 2014, the attorneys for the parties agreed that the $12,360 had been paid.
Now, on the court's own motion, it is
ORDERED that the appeal from the order entered March 29, 2012 is dismissed, as that order was superseded by the order entered May 31, 2012; and it is further,
ORDERED that the parties show cause before this court why the appeal from the order entered May 31, 2012 should not be dismissed on the ground that the issues raised regarding the vacatur of the nonpayment warrant have been rendered moot by the terms of the stipulation of settlement (see e.g. 43-19 39th Place, LLC v Morillo, 17 Misc 3d 138[A], 2007 NY Slip Op 52333[U] [App Term, 2d & 11th Jud Dists 2007]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before March 12, 2014; and it is further,
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ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk
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