[*1]
Moynihan v Nemeh
2011 NY Slip Op 50077(U) [30 Misc 3d 133(A)]
Decided on January 18, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 18, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., TANENBAUM and LaCAVA, JJ
2009-1602 W C.

Robert E. Moynihan, Respondent,

against

Saman B. Nemeh, Appellant.


Appeal from an order of the City Court of Yonkers, Westchester County (Charles Wood, J.), entered April 28, 2008. The order granted tenant's petition, after a nonjury trial, to compel landlord to repair tenant's premises and to restore tenant to possession.


ORDERED that the appeal is dismissed.

After the appeal was perfected, landlord's counsel advised this court that landlord has complied with the order of April 28, 2008, thereby rendering academic the issues raised on this appeal.

Accordingly, the appeal is dismissed.

Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: January 18, 2011