| Hoffman & Hoffman, LLC v Zamari Graham-smith |
| Motion No: 2018-02272 KC |
| Slip Opinion No: 2019 NY Slip Op 87180(U) |
| Decided on December 19, 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
| Hoffman & Hoffman, LLC, Respondent, v Zamari Graham-Smith, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered October 29, 2018. The order conditionally granted appellant's motion to stay the execution of the warrant. In a so-ordered stipulation dated November 16, 2018, the proceeding was marked discontinued.
On the court's own motion, it is
ORDERED that the appeal is dismissed as moot, without prejudice to appellant seeking relief in a proper forum.
As the stay has expired, any issue concerning the terms of the stay was rendered moot upon the expiration of the stay (see State of New York v General Elec. Co., 103 AD2d 985 [1984]). In addition, an appeal can not be maintained once a proceeding has been discontinued (see Livny v Rotella, 305 AD2d 377 [2003]).
ENTER:
Paul Kenny
Chief Clerk