795 LLC v. Toby Tyberg and Leah Welsh, Respondents. (2024)

ORDERED that the appeal is dismissed.

In this nonpayment summary proceeding, both parties acknowledge in their briefs on appeal that landlord has withdrawn the petition. Contrary to landlord's argument, this appeal does not meet the requirements for an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 [1980]). Accordingly, the appeal is dismissed.

DRISCOLL, J.P., McCORMACK and GOLDBERG-VELAZQUEZ, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: July 25, 2024