IN RE: City of New York (2026)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: City of New York, petitioner-respondent, v. Unsafe Building and Structure at 1333 Prospect Place, et al., respondents, Prospect 1333 Corp., appellant.

2024–05273 (Index No. 510321 /20)

Decided: July 15, 2026

COLLEEN D. DUFFY, J.P. FRANCESCA E. CONNOLLY LAURENCE L. LOVE SUSAN QUIRK, JJ.

Biolsi Law Group, P.C., New York, N.Y. (Steven Alexander Biolsi of counsel), for appellant. Steven Banks, Corporation Counsel, New York, N.Y. (Ingrid R. Gustafson and Martin K. Rowe III of counsel), for petitioner-respondent.

Argued—November 20, 2025

DECISION & ORDER

In an unsafe building proceeding pursuant to the Administrative Code of the City of New York § 28–216.1, Prospect 1333 Corp. appeals from an order of the Supreme Court, Kings County (Richard J. Montelione, J.), dated January 24, 2024. The order, insofar as appealed from, denied those branches of the motion of Prospect 1333 Corp. which were to vacate an order of the same court (Bernard J. Graham, J.) dated December 10, 2020, entered upon the default of Prospect 1333 Corp., inter alia, directing the Commissioner of Buildings for the Borough of Brooklyn to immediately secure an unsafe building owned by Prospect 1333 Corp. and obtain a permit to demolish the building, and pursuant to CPLR 3211(a)(8) to dismiss the proceeding.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The City of New York commenced this proceeding against, among others, Prospect 1333 Corp. (hereinafter the appellant) in June 2020 to secure an unsafe building owned by the appellant located at 1333 Prospect Place, in Brooklyn, and to obtain a permit to demolish the building. In an order dated December 10, 2020 (hereinafter the December 2020 order), entered upon the appellant's default, the Supreme Court, inter alia, directed the Commissioner of Buildings for the Borough of Brooklyn to immediately secure the building and obtain a permit to demolish it. In October 2023, the appellant moved, among other things, to vacate the December 2020 order and pursuant to CPLR 3211(a)(8) to dismiss the proceeding. The City opposed. In an order dated January 24, 2024, the court, inter alia, denied those branches of the appellant's motion. This appeal ensued.

The building which was the subject of this proceeding has been demolished. Consequently, the appeal has been rendered academic, and this matter does not warrant invoking the exception to the mootness doctrine (see Matter of Unsafe Bldg. & Structure at 1330 Blake Ave., Brooklyn, N.Y., 52 AD3d 520, 520).

Accordingly, we dismiss the appeal.

DUFFY, J.P., CONNOLLY, LOVE and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

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