| Nycha-ingersoll Houses v Grafton Swain |
| Motion No: 2013-01007 KC |
| Slip Opinion No: 2014 NY Slip Op 76031(U) |
| Decided on June 12, 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
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| NYCHA-Ingersoll Houses, Respondent, v Grafton Swain, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 16, 2013. The order denied appellant's motion to vacate a stipulation of settlement dated April 2, 2013. By decision and order on motion of this court dated February 6, 2014, it appearing that there was a question of fact as to whether appellant is an adult incapable of adequately defending his rights (CPLR 1201), the matter was remitted to the Civil Court for a hearing to determine whether appellant is an adult incapable of adequately defending his rights and, if so, for the appointment of a guardian ad litem pursuant to CPLR 1202. By decision and order dated April 25, 2014, the Civil Court determined that appellant is an adult incapable of adequately defending his rights and sua sponte vacated the stipulation of settlement dated April 2, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the April 25, 2014 decision and order of the Civil Court, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as the vacatur of the April 2, 2013 stipulation of settlement rendered the appeal moot; and it is further,
ORDERED that appellant's motion for a stay is denied as academic.
ENTER:
Paul Kenny
Chief Clerk
June 12, 2014
NYCHA-INGERSOLL HOUSES v SWAIN