| Matter of RAM I LLC v New York State Div. of Hous. & Community Renewal |
| 2015 NY Slip Op 09189 [26 NY3d 1068] |
| December 15, 2015 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 3, 2016 |
| In the Matter of RAM I LLC, Appellant, v New York State Division of Housing and Community Renewal, Respondent, et al., Respondent. |
Argued November 18, 2015; decided December 15, 2015
Matter of RAM I LLC v New York State Div. of Hous. & Community Renewal, 123 AD3d 102, appeal dismissed.
Graubard Miller, New York City (Lawrence D. Bernfeld, Peter A. Schwartz and Neil P. Ritter of counsel), for appellant.
Gary R. Connor, General Counsel, New York State Division of Housing and Community Renewal, New York City (Martin B. Schneider of counsel), for New York State Division of Housing and Community Renewal, respondent.
Belkin Burden Wenig & Goldman, LLP, New York City (Robert A. Jacobs, Sherwin Belkin and Magda L. Cruz of counsel), for Small Property Owners of New York, Inc., and others, amici curiae.
Memorandum.
The appeal should be dismissed, without costs, as moot.
The tenant having vacated the rent-controlled apartment at issue, pursuant to a stipulation of settlement with petitioner, this appeal has been rendered moot (see Matter of Grand Jury Subpoenas for Locals 17, 135, 257 & 608 of United Bhd. of Carpenters & Joiners of Am., AFL-CIO, 72 NY2d 307, 311 [1988]; Matter of Hearst Corp. v Clyne, 50 NY2d 707[*2][1980]). The exception to the mootness doctrine is not applicable here (see Wisholek v Douglas, 97 NY2d 740, 742 [2002]).
Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.
Appeal dismissed, without costs, as moot, in a memorandum.