| Newport Gardens Assoc. v Janet Allen |
| Motion No: 2013-02093 KC |
| Slip Opinion No: 2014 NY Slip Op 85524(U) |
| Decided on October 2, 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.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Newport Gardens Associates, Respondent, v Janet Allen, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, dated October 1, 2013, to vacate a stay granted by decision and order on motion of this court dated November 14, 2013. The order appealed from denied appellant's motion to stay the warrant of eviction in a nonpayment summary proceeding. Separate motion by appellant to continue the stay. Application, in effect, by respondent to dismiss the appeal as moot on the ground that the final judgment has been satisfied and the warrant may no longer be executed.
Upon the papers filed in support of the motions and the papers filed in opposition to appellant's motion and in support of respondent's application, it is
ORDERED, on the court's own motion, that respondent's motion, appellant's motion and respondent's application are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's application to dismiss the appeal as moot on the ground that the final judgment has been satisfied and the warrant may no longer be executed is granted; and it is further,
ORDERED that respondent's motion and appellant's motion are denied as academic.
ENTER:
Paul Kenny
Chief Clerk