In re Unsafe Building & Structure at 1330 Blake Avenue

Appellate Division of the Supreme Court of New York

In re Unsafe Building & Structure at 1330 Blake Avenue

52 A.D.3d 520, 857 N.Y.S.2d 922

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 3, 2008

StatusPublished

This text of 52 A.D.3d 520 (In re Unsafe Building & Structure at 1330 Blake Avenue) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Unsafe Building & Structure at 1330 Blake Avenue, 52 A.D.3d 520, 857 N.Y.S.2d 922 (N.Y. Ct. App. 2008).

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Opinion

In an unsafe building proceeding pursuant to the Administrative Code of the City of New York § 26-235, Jerry Castelle appeals from (1) an order of the Supreme Court, Kings County (Jackson, J.), dated January 11, 2007, which denied his motion to vacate an order of the same court, dated November 2, 2006, entered upon his default, directing the Superintendent of Buildings for the Borough of Brooklyn to demolish an unsafe building owned by him, and (2) an order of the same court dated April 24, 2007, which, upon renewal, adhered to the original determination.

Ordered that the appeals are dismissed, as academic, without costs or disbursements.

Here, the building which was the subject of these proceedings has been demolished. Consequently, the appeals have been rendered academic, and this matter does not warrant invoking the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; Matter of City of New York v Unsafe Bldg. & Structure, 213 AD2d 402 [1995]; Heller v Trustees of Town of E. Hampton, 198 AD2d 331, 332 [1993]). Florio, J.E, Miller, Dillon and McCarthy, JJ., concur.

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In an unsafe building proceeding pursuant to the Administrative Code of the City of New York § 26-235, Jerry Castelle appeals from (1) an order of the Supreme Court, Kings County (Jackson, J.), dated January 11, 2007, which denied his motion to vacate an order of the same court, dated November 2, 2006, entered upon his default, directing the Superintendent of Buildings for the Borough of Brooklyn to demolish an unsafe building owned by him, and (2) an order of the same court dated April 24, 2007, which, upon renewal, adhered to the original determination.

Ordered that the appeals are dismissed, as academic, without costs or disbursements.

Here, the building which was the subject of these proceedings has been demolished. Consequently, the appeals have been rendered academic, and this matter does not warrant invoking the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; Matter of City of New York v Unsafe Bldg. & Structure, 213 AD2d 402 [1995]; Heller v Trustees of Town of E. Hampton, 198 AD2d 331, 332 [1993]). Florio, J.E, Miller, Dillon and McCarthy, JJ., concur.

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52 A.D.3d 520, 857 N.Y.S.2d 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-unsafe-building-structure-at-1330-blake-avenue-nyappdiv-2008.

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