Foster Ave. Assoc., LLC v Charles L. Johnson
2026 NY Slip Op 69833(U)
May 27, 2026
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Foster Avenue Associates, LLC, Respondent,
v
Charles L. Johnson, Appellant.
Supreme Court of the State of New York, 2d, 11th And 13th Judicial Districts
May 27, 2026
2025-1525 K C
Chereé A. Buggs, J.P.
Marina Cora Mundy
Karen Lin, JJ.
[*1]Motions by appellant for a stay of enforcement of the monetary portion of a final judgment of the Civil Court of the City of New York, Kings County, entered May 7, 2025, pending the determination of an appeal from that final judgment and from a decision of that same date, upon which the final judgment was based (appeal No. 2025-1180 K C) and from an order of that court entered August 8, 2025 (appeal No. 2025-1525 K C); and for, in effect, summary reversal of the August 8, 2025 order; and to consolidate the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order entered August 8, 2025 (appeal No. 2025-1525 K C), which granted tenant's motion for a stay of eviction, but on condition that certain monies were paid, is dismissed as moot, as appellant has been evicted (see Makas v Russo, 237 AD2d 762 [1997]; East 22nd Equities LLC v Staggers, 34 Misc 3d 139[A], 2011 NY Slip Op 52451[U] [App Term, 2d, 11th & 13th Jud Dists 2011]), and the branches of the motions seeking, in effect, summary reversal of that order, a stay pending the determination of that appeal, and to consolidate that appeal with the appeal from the final judgment and decision are denied as moot; and it is further,
ORDERED, on the court's own motion, that the appeal from the decision and final judgment (appeal No. 2025-1180 K C) shall be perfected on or before August 25, 2026; and it is further,
ORDERED that in the event the appeal is not perfected by August 25, 2026, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may, if appellant is unrepresented, serve such motion upon appellant in person; and it is further,
ORDERED that branches of the motions seeking a stay pending the determination of the appeal from the decision and final judgment are denied.
ENTER:
Jennifer Chan
Chief Clerk