218 Scholes St. Hdfc v Jodi Benson
Motion No: 2018-02026 KC
Slip Opinion No: 2018 NY Slip Op 92257(U)
Decided on December 27, 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

2018-2026 K C
218 Scholes Street HDFC, Respondent, v Jodi Benson, Appellant.

Motion by appellant 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 February 23, 2018. The decision awarded respondent a final judgment of possession in a chronic-nonpayment holdover 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 by stipulation dated March 9, 2018, appellant agreed to surrender the premises by September 10, 2018, rendering the appeal moot; and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk