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New York City Hous. Auth. v Lassiter
2008 NY Slip Op 50624(U) [19 Misc 3d 132(A)]
Decided on March 27, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 27, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ

570259/07.

New York City Housing Authority, Petitioner-Landlord-Respondent,

against

Sidat Lassiter, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Pam B. Jackson- Brown, J.), dated April 10, 2007, which denied his motion to stay execution of the warrant of eviction in a nonpayment summary proceeding.


Per Curiam.

Appeal from order (Pam B. Jackson-Brown, J.), dated April 10, 2007, dismissed, without costs, as moot.This appeal has been rendered moot by landlord's subsequent withdrawal of the underlying nonpayment proceeding upon tenant's payment of all outstanding rent arrears. Inasmuch as no exception to the mootness doctrine is present (see Matter of Hearst Corp. v Clyne, 50 NY2d 707
[1980]), this appeal is dismissed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 27, 2008