Dionicio Flores v Grace Onitiri
Motion No: 2018-00219 KC
Slip Opinion No: 2018 NY Slip Op 72264(U)
Decided on May 4, 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.


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

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2018-219 K C
Dionicio Flores, Respondent, v Grace Onitiri, Appellant, et al., Undertenants.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 16, 2018. The order granted appellant's motion, in effect, to stay the execution of a warrant only through January 31, 2018 in a 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 as moot; and it is further,

ORDERED that appellant's motion is denied as academic.

As appellant's argument on appeal is that the Civil Court should have extended the stay through the end of March 2018, the appeal is moot.

ENTER:

Paul Kenny

Chief Clerk