| Young Israel of Eltingville, Inc. v Oorah, Inc. |
| 2026 NY Slip Op 50194(U) [88 Misc 3d 128(A)] |
| Decided on January 23, 2026 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Borah, Goldstien, Altschuler, Schwartz & Nahins (Paul N. Gruber of counsel), for appellants.
Shaun Gregory White & Associates, P.C. (Shaun Gregory White of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Richmond County (Robert J. Helbock, J.), entered November 21, 2024. The order, insofar as appealed from, denied the branches of tenants' motion seeking to dismiss the petition or, in the alternative, to stay this holdover summary proceeding pending the determination of a related Supreme Court action.
ORDERED that the appeal is dismissed.
In this commercial holdover proceeding, tenants moved, insofar as relevant here, to dismiss the petition or, in the alternative, to stay this holdover summary proceeding pending the determination of a related Supreme Court action. In an order entered November 21, 2024, insofar as appealed from, the Civil Court (Robert J. Helbock, J.) denied those branches of the motion. In a subsequent order entered January 9, 2026, the Civil Court (Robert J. Helbock, J.) granted the branch of a motion by tenants seeking summary judgment dismissing the petition. The dismissal of the petition renders this appeal academic (see Livny v Rotella, 305 AD2d 377 [2003]; Horizon Radiology, P.C. v Allstate Prop. & Cas. Ins. Co., 41 Misc 3d 138[A], 2013 NY Slip Op 51916[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013]).
Accordingly the appeal is dismissed.
QUIÑONES, J.P., MUNDY and OTTLEY, JJ., concur.