| Paul C. Cohen Et Al. v James O. Brentnol Etc. |
| Motion No: 2015-00517 KC |
| Slip Opinion No: 2016 NY Slip Op 66801(U) |
| Decided on March 2, 2016 |
| 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.
ORDER TO SHOW CAUSE
| Paul C. Cohen et al., Respondents, v James O. Brentnol etc., Appellant, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 5, 2015. The order denied a motion by appellant for, in effect, a stay of a warrant of eviction in a nonpayment summary proceeding. Appellant was thereafter evicted.
On the court's own motion, it is
ORDERED that the parties are directed to show cause before this court why the above-entitled appeal from the order denying appellant's motion for, in effect, a stay of the warrant of eviction should or should not be dismissed as moot, as appellant has been evicted (see Austin Clayton Holdings, LLC v Taylor, 48 Misc 3d 132[A], 2015 NY Slip Op 51059[U] [App Term, 2d, 11th & 13th Jud Dists 2015]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before March 24, 2016; and it is further,
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.
Appellant is advised that the appeal brings up for review only the issues that were raised in the motion giving rise to the order appealed from.
ENTER:
Paul Kenny
Chief Clerk