Innocent Igbokwe v Kehinde Ayoola
Motion No: 2015-02588 KC
Slip Opinion No: 2015 NY Slip Op 95372(U)
Decided on December 29, 2015
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2015-2588 K C
Innocent Igbokwe, Respondent, v Kehinde Ayoola, Appellant.

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, dated November 17, 2015, to direct respondent to immediately restore electricity to the subject apartment.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,

ORDERED that appellant's motion is denied.

The order appealed from, dated November 17, 2015, directed respondent to restore electricity to the subject apartment by November 30, 2015. Appellant was aggrieved by the order only insofar as it failed to direct respondent to immediately restore electricity to the subject apartment. Inasmuch as November 30, 2015 has passed, appellant is no longer aggrieved by the order, the appeal must be dismissed as moot and appellant's motion denied as academic.

ENTER:

Paul Kenny

Chief Clerk