Appeal from an order of the Civil Court of the City of New York, Richmond County (Pierre B. Turner, J.), entered November 3, 2004. The order denied tenant Sokolova's motion to vacate the final judgment in a holdover summary proceeding and restore the case to the calendar.

Appeal unanimously dismissed.

In this holdover summary proceeding, the sole issue raised on appeal is whether the warrant could properly issue, due to appellant's alleged failure to timely pay rent and use and occupancy awards, prior to the December 31, 2004 expiration of the stay of execution provided for in the final judgment, from which she did not appeal. Inasmuch as the stay of issuance of the warrant provided for in the final judgment expired on December 31, 2004, and tenant was not entitled to remain in possession after said date irrespective of whether said payments were made, the issue of whether the warrant could properly issue prior to December 31, 2004 has become moot, and the appeal must be dismissed (see State of New York v General Elec. Co., 103 AD2d 985 [1984]; Augoshe v Sitar, 2002 NY Slip Op 40126[U] [App Term, 9th & 10th Jud Dists]). [*2]
Decision Date: September 16, 2005