647 Albany Ave., LLC v Jose Crespo, Tenant; Qasim Blair, Nonparty-appellant.
Motion No: 2016-00788 KC
Slip Opinion No: 2016 NY Slip Op 72502(U)
Decided on April 27, 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.


Appellate Term of the Supreme Court

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

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2016-788 K C
647 Albany Avenue, LLC, Respondent, v Jose Crespo, Tenant; Qasim Blair, Nonparty-Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 11, 2016. The order denied a motion by nonparty-appellant, in effect, to stay the execution of a warrant in a nonpayment summary proceeding. The warrant was subsequently executed, and, upon a motion by nonparty-appellant for access to the premises to retrieve his belongings, nonparty-appellant advised the Civil Court that he was not seeking to be restored to possession.

On the court's own motion, it is

ORDERED that the appeal is dismissed as moot (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