| 171 8th St., LLC v Kishmir L. Johnson-burke |
| Motion No: 2018-01139 KC |
| Slip Opinion No: 2019 NY Slip Op 70036(U) |
| Decided on May 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.
DECISION & ORDER ON MOTION
| 171 8th Street, LLC, Respondent, v Kishmir L. Johnson-Burke, Appellant, et al., Occupants. |
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. By order to show cause dated April 1, 2019, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the appeal had been rendered moot by appellant's eviction and no exception to the mootness doctrine is present.
Upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see 95 Third LLC v Moroney, 41 Misc 3d 133[A], 2013 NY Slip Op 51801[U] [App Term, 1st Dept, 2013]).
ENTER:
Paul Kenny
Chief Clerk