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GVS Props. II, LLC v Camara
2013 NY Slip Op 51650(U) [41 Misc 3d 126(A)]
Decided on October 7, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 7, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570594/13.

GVS Properties II, LLC, Petitioner-Landlord-Appellant,

against

Cheiku Camara, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt J.), dated April 8, 2013, which conditionally granted tenant's motion to stay execution of the warrant of eviction in a nonpayment summary proceeding.


Per Curiam.

Appeal from order (Peter M. Wendt, J.), dated April 8, 2013, dismissed, without costs, as moot.

Landlord's appeal from the order conditionally staying execution of the warrant must be dismissed as moot, since tenant failed to comply with the payment condition of the stay and the stay has long since expired (see State of New York v General Elec. Co. 103 AD2d 985, 985 [1984]; Hillside Place, LLC v Lewis, 32 Misc 3d 137[A], 2011 NY Slip Op 51534[U] [App Term, 2nd Dept 2011]). In any event, were we
not dismissing the appeal, we would affirm.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 07, 2013