Clean Air Car Service & Parking Branch Three, LLC v. Clean Air Car Service & Parking Branch Two LLC

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------x CLEAN AIR CAR SERVICE & PARKING BRANCH THREE, LLC, CLEAN AIR CAR SERVICE & MEMORANDUM AND ORDER PARKING CORP., Case No. 1:24-cv-2377 (FB)

Appellants,

-against-

CLEAN AIR CAR SERVICE & PARKING BRANCH TWO, LLC,

Appellee. ------------------------------------------------x Appearances: For the Appellants: For the Appellees: KEVIN S. WANG JAY S. HELLMAN Wood Wang & Associates, PLLC THOMAS A. DRAGHI 30-50 Whitestone Expy, Ste. 402 ALEXANDRA TROIANO Flushing, NY 11354 Westerman Ball Ederer Miller Zucker & Sharfstein, LLP 1201 RXR Plaza Uniondale, NY 11556

BLOCK, Senior District Judge: Appellants ask the Court to vacate the March 28, 2024 order of the bankruptcy court authorizing the eviction and removal of Clean Air Service & Parking Branch 3, LLC (“Clean Air Three”) from the property located at 37-20 Prince Street, Unit PU, Flushing, Queens County, NY 11354 (Block 4972, Lot 1104) (the “Property”). See In re: Clean Air Car Service & Parking Branch Two, LLC and Operr Plaza, LLC, Case No. 23-41937 (NHL), ECF No. 331 (Bankr. E.D.N.Y. 2023). * * * The Property was sold on February 20, 2024, after the Bankruptcy Court

issued an order approving the sale.1 The Bankruptcy Court subsequently entered an order granting Appellee’s eviction motion. Clean Air Three was evicted from the Property on April 18, 2024, by the United States Marshall.

As Clean Air Three has been evicted, this appeal is rendered moot. See In re M.A.S. 284 Parking Corp., 107 F.3d 3 (2d Cir. 1997) (“[A]fter the eviction, the debtor’s appeals . . . were moot.”). Accordingly, the appeal is dismissed. SO ORDERED.

_/S/ Frederic Block____________ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York June 24, 2024

1 This Court dismissed the appeal of that order as statutorily moot under 11 U.S.C. § 363(m).