Tenants appeal from an order of the Civil Court, New York County, entered April 19, 2002 (Paul L. Alpert, J.) denying their cross-motion for summary judgment and granting landlord's motion for discovery and use and occupancy in a holdover summary proceeding.

PER CURIAM:

Order entered April 19, 2002 (Paul L. Alpert, J.) affirmed, with $10 costs.

Civil Court did not err in denying tenants' cross-motion for summary judgment without prejudice to renewal after completion of limited discovery. On the record so far developed, there is a factual issue whether the proposed roommate concurrently resided in the one-bedroom apartment premises with the tenants of record (see, Real Property Law §235-f [3]). In any event, since tenants advise that the roommate vacated shortly after the order appealed [*2]from, the possessory issues in this proceeding have been rendered moot and further litigation as to the alleged nonprimary residence of the tenants should proceed within the context of a nonprimary residence proceeding. We have considered and rejected tenants' other points.

This constitutes the decision and order of the
court.