WOODLAND REALTY ASSOCIATES LLC v. KEHOE (2020)

Appeal from order (Jack Stoller, J.), dated February 25, 2019, deemed an appeal from the ensuing amended final judgment (same court and Judge), entered February 25, 2019, and so considered (see CPLR 5520[c]), amended final judgment affirmed, without costs. Execution of the warrant of eviction is permanently stayed. Appeal from final judgment (Jack Stoller, J.) entered December 31, 2018, dismissed, without costs, as superceded by the amended final judgment. Appeal from order (Timmie Erin Elsner, J.) dated April 8, 2019, dismissed, without costs, as academic.

As tenant failed to articulate any specific, non-conclusory substantive arguments in support of his appeal from the final judgment, that appeal is deemed abandoned (see Metro 8 Med. Equip., Inc. v Esurance Ins. Co., 52 Misc 3d 126[A], 2016 NY Slip Op. 50904[U] [App Term, 1st Dept 2016]; see also Sherman Realty LLC v. Kevelier, 58 Misc 3d 144[A], 2017 NY Slip Op. 51915[U] [App Term, 1st Dept 2017]). However, since the final judgment has now been satisfied and tenant has complied with his payment obligations during the pendency of this appeal, we exercise our discretion and permanently stay execution of the warrant so as to avoid a forfeiture of the long-term stabilized tenancy (see B & B Manhattan, LLC v. Sack, 12 Misc 3d 128[A], 2006 NY Slip Op. 50959[U] [App Term, 1st Dept 2006]).

In view of our determination, we reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

I concur I concur