| Mohsen Zandieh, Arash Zandieh & Askan Zandieh v Grzegorz Polkosnik & Marzanna Polkosnik |
| Motion No: 2017-01889 KC |
| Slip Opinion No: 2017 NY Slip Op 91814(U) |
| Decided on October 31, 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.
DECISION & ORDER ON MOTION
| Mohsen Zandieh, Arash Zandieh and Askan Zandieh, Appellants, v Grzegorz Polkosnik and Marzanna Polkosnik, Respondents, et al., Undertenants. |
Motion by appellants for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated September 22, 2017. The decision, after a nonjury trial, dismissed the petition in an owner's use holdover summary proceeding.
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 appellants' motion for a stay is denied as academic.
The appeal is dismissed on the ground that no appeal lies from a decision (see CCA 1702). In addition, an appeal from a final judgment, should one be entered pursuant to the decision, has been rendered moot by the offer and acceptance of a renewal lease (see Stepping Stones Assoc. v Seymour, 48 AD3d 581, 584 [2008]; Central Ave. Partners, LLC v Liquin Huang Chen, 2014 NY Slip Op 71759[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]) .
ENTER:
Paul Kenny
Chief Clerk