| Consolidated Edison Co. of N.Y., Inc. v Thomas |
| 2012 NY Slip Op 51381(U) [36 Misc 3d 137(A)] |
| Decided on July 26, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County
(Raul Cruz, J.), dated June 9, 2011, which denied his motion to vacate an order of seizure
previously issued in plaintiff's favor.
Per Curiam.
Appeal from order (Raul Cruz, J.), dated June 9, 2011, dismissed, without costs, as moot.
The issue of the propriety of the underlying June 9, 2011 seizure order (see CPLR
7102) is moot, it being conceded that the parties subsequently entered into a deferred payment
agreement which resulted in the reinstatement of defendant's electric service and the return or
"replace[ment]" of the utility meter initially seized. "Once [defendant] agreed to this settlement,
the lawsuit's controversy became moot, and this appeal therefore must be dismissed" (Matter
of Gates v Hernandez, 26 AD3d 288, 289 [2006]). In any event, were we
to consider the merits, we would affirm.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 26, 2012