| Luis Hernandez v Francisca Rodriguez |
| Motion No: 2016-01120 KC |
| Slip Opinion No: 2017 NY Slip Op 71745(U) |
| Decided on April 20, 2017 |
| 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
MARTIN M. SOLOMON, JJ.
ORDER TO SHOW CAUSE
| Luis Hernandez, Respondent, v Francisca Rodriguez, Appellant, et al. Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 18, 2016. The order denied a motion by appellant, in effect, to vacate a stipulation of settlement and the final judgment entered pursuant thereto in a holdover summary proceeding. Appellant was subsequently 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 should or should not be dismissed as moot, as appellant has been evicted (see Ngalam v Martinez, 53 Misc 3d 155[A], 2016 NY Slip Op 51761[U] [App Term, 1st Dept 2016]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 17, 2017; 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.
ENTER:
Paul Kenny
Chief Clerk