| 171 8th St., LLC v Kishmir L. Johnson-burke |
| Motion No: 2018-01139 KC |
| Slip Opinion No: 2019 NY Slip Op 67684(U) |
| Decided on April 1, 2019 |
| 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.
ORDER TO SHOW CAUSE
| 171 8th Street, LLC, Respondent, v Kishmir L. Johnson-Burke, Appellant, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 30, 2018. The order denied appellant's motion for relief from a stipulation settling a licensee summary proceeding. Appellant was evicted on May 2, 2018 and does not seek to be restored to possession.
On the court's own motion, it is
ORDERED that the parties to the appeal are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal has been rendered moot by appellant's eviction and no exception to the mootness doctrine is present (see 95 Third LLC v Moroney, 41 Misc 3d 133[A], 2013 NY Slip Op 51801[U] [App Term, 1st Dept, 2013]), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 23, 2019; 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 upon the parties to the appeal by regular mail.
ENTER:
Paul Kenny
Chief Clerk