| 1302 Newkirk, LLC v Sharon Garcia, Tenant, & Aisha Olivera, Undertenant. Julius Nemcow, Nonparty-appellant. |
| Motion No: 2017-00380 KC |
| Slip Opinion No: 2018 NY Slip Op 64374(U) |
| Decided on February 6, 2018 |
| 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
| 1302 Newkirk, LLC, Respondent, v Sharon Garcia, Tenant, and Aisha Olivera, Undertenant. Julius Nemcow, Nonparty-Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered February 14, 2017, denying a motion by nonparty-appellant for relief from a default final judgment and warrant.
On the court's own motion, it is
ORDERED that the appeal is dismissed as moot, as nonparty-appellant was evicted after failing to comply with the terms of the stay issued by this court (see Coleman v Ceraolo, 26 Misc 3d 131[A], 2010 NY Slip Op 50057[U] [App Term, 1st Dept 2010]).
ENTER:
Paul Kenny
Chief Clerk