| Paul C. Cohen Et Al. v James O. Brentnol Etc. |
| Motion No: 2015-00517 KC |
| Slip Opinion No: 2016 NY Slip Op 70138(U) |
| Decided on March 31, 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.
DECISION & ORDER ON MOTION
| 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. By order to show cause dated March 2, 2016, the parties were directed to show cause before this court why the appeal should or should not be dismissed as moot, as appellant has been evicted.
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Austin Clayton Holdings, LLC v Taylor, 48 Misc 3d 132[A], 2015 NY Slip Op 51059[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]).
ENTER:
Paul Kenny
Chief Clerk