Appellate Terms of the Supreme Court of New York, 1995

200 East 74 Corp. v. Dallas

Appellate Terms of the Supreme Court of New York · Decided December 29, 1995

167 Misc. 2d 59; 638 N.Y.S.2d 547; 1995 N.Y. Misc. LEXIS 677

Counsel

APPEARANCES OF COUNSEL, Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. G, New York City (Jeffrey R. Metz of counsel), for appellant. MFY Legal Services, Inc., New York City (Wayne G. Hawley and Cynthia M. LaCaprucia of counsel), for respondents.

Opinion of the Court

OPINION OF THE COURT

Per Curiam.

Appeal from order dated March 1, 1995 dismissed, without costs, as academic.

*60At oral argument of this appeal, we were informed that the parties had settled a subsequent nonpayment summary proceeding involving the rent arrears sought in the petition in the within nonpayment proceeding. Thus, there is now no actual dispute in controversy. Nor is there any basis for this court to exercise its discretion to retain the appeal despite the mootness since there is no showing that the single issue raised is the type likely to evade review (see, Matter of Roadway Express v Commissioner of N. Y. State Dept, of Labor, 66 NY2d 742, 744).

Parness, J. P., Miller and McCooe, JJ., concur.

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