| Retained Realty, Inc. v Persio A. Nunez, Etc. |
| Motion No: 2019-01072 QC |
| Slip Opinion No: 2019 NY Slip Op 87238(U) |
| Decided on December 31, 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
| Retained Realty, Inc., Respondent, v Persio A. Nunez, etc., Appellant, et al., Undertenants. |
Motion by respondent for a preference in the calendaring of an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 15, 2019. The order denied appellant's motion, in effect, to stay the execution of the warrant. Appellant was evicted in June 2019.
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 the appeal was rendered moot upon appellant's eviction (see State of New York v General Elec. Co., 103 AD2d 985 [1984]); and it is further,
ORDERED that respondent's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk