| Central Ave. Partners, LLC v Liquin Huang Chen |
| Motion No: 2012-01862 KC |
| Slip Opinion No: 2014 NY Slip Op 71759(U) |
| Decided on April 25, 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
MICHELE WESTON, JJ.
DECISION & ORDER ON MOTION
| Central Avenue Partners, LLC, Appellant, v Liquin Huang Chen, Respondent, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 31, 2012. The order granted respondent's motion to, in effect, vacate a warrant in a nonpayment summary proceeding. On December 17, 2013, the parties entered into a stipulation settling a concurrent holdover summary proceeding, in which it was agreed, among other things, that appellant would provide respondent with a renewal lease commencing April 1, 2014. By order to show cause dated February 21, 2014, the parties were directed to show cause why this appeal should not be dismissed on the ground that the issues raised herein regarding the vacatur of the warrant have been rendered moot by the terms of the stipulation of settlement.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Stepping Stones Assoc. v Seymour, 48 AD3d 581, 584 [2008], affg 8 Misc 3d 138[A], 2005 NY Slip Op 51309[U] [App Term, 9th & 10th Jud Dists]; 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]).
Aliotta, J.P., Pesce and Weston, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk