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Department of Hous. Preserv. & Dev. of City of N.Y. v Shahid
2009 NY Slip Op 52080(U) [25 Misc 3d 129(A)]
Decided on October 6, 2009
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 6, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., PESCE and RIOS, JJ
2008-615 K C.

Department of Housing Preservation and Development of the City of New York, Respondent,

against

Abdus Shahid, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Cheryl J. Gonzales, J.), dated September 12, 2007. The order denied Abdus Shahid's motion to vacate a default judgment.


ORDERED that the appeal is dismissed.

Abdus Shahid seeks to appeal from an order, dated September 12, 2007, denying his motion to vacate a default judgment entered on July 16, 2007. The record on appeal reflects the fact that Mr. Shahid made a subsequent motion seeking, in effect, to vacate the default judgment, which motion resulted in a so-ordered stipulation, dated March 10, 2008, settling the action. Accordingly, the instant appeal must be dismissed as it has been rendered academic (see Lawyers Tit. Ins. Co. v Weiser's Poultry Farm, 289 AD2d 739 [2001]).

Golia, J.P., Pesce and Rios, JJ., concur.
Decision Date: October 06, 2009