| 795 Merrick Rd. Realty, LLC v Tyberg |
| 2024 NY Slip Op 51153(U) [83 Misc 3d 131(A)] |
| Decided on July 25, 2024 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
William D. Friedman, for appellant. Law Offices of Alexander C. Pabst, PLLC (Alexander C. Pabst of counsel), for respondents.
Appeal from an order of the District Court of Nassau County, First District (Christopher Coschignano, J.), dated February 23, 2023. The order granted tenants' motion to dismiss the petition.
ORDERED that the appeal is dismissed.
In this nonpayment summary proceeding, both parties acknowledge in their briefs on appeal that landlord has withdrawn the petition. Contrary to landlord's argument, this appeal does not meet the requirements for an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 [1980]). Accordingly, the appeal is dismissed.
DRISCOLL, J.P., McCORMACK and GOLDBERG-VELAZQUEZ, JJ., concur.
ENTER: