[*1]
Tamara Props. Inc. v 91 Charles St. Rest., Inc.
2005 NY Slip Op 52146(U) [10 Misc 3d 137(A)]
Decided on December 23, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 23, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
570670/05.

Tamara Properties Inc. and Gomidas Holding Corp., No. Petitioner-Landlord-Appellant,

against

91 Charles St. Rest., Inc., Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court, New York County (Geoffrey D. Wright, J.), dated August 16, 2005, which granted tenant's motion to stay execution of a warrant of eviction in a holdover summary proceeding.


PER CURIAM:

Appeal from order (Geoffrey D. Wright, J.), dated August 16, 2005, dismissed, without costs, as moot.

This appeal has been rendered moot since the commercial tenant was evicted from the subject premises during the pendency of this appeal and any determination of this Court will not affect the rights of the parties with respect to this controversy (see Makas v Russo, 237 AD2d 762 [1997]). The circumstances presented do not warrant addressing the issue raised under an exception of the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

This constitutes the decision and order of the court.


Decision Date: December 23, 2005