Matter of RAM I LLC v. New York State Division of Housing and Community Renewal

• Court: New York Court of Appeals
• Decided: December 15, 2015
• Docket: 202
• Status: Published

Opinion

================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 202 In the Matter of RAM I LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, et al., Respondent.

Lawrence D. Bernfeld, for appellant. Martin B. Schneider, for respondent New York State Division of Housing and Community Renewal. Small Property Owners of New York, Inc. et al., amici curiae.

MEMORANDUM: The appeal should be dismissed, without costs, as moot. The tenant having vacated the rent-controlled apartment at issue, pursuant to a Stipulation of Settlement with petitioner, this appeal has been rendered moot (see Matter of Grand Jury Subpoenas, 72 NY2d 307, 311 [1988]; Matter of Hearst

- 1 - - 2 - No. 202

Corp. v Clyne, 50 NY2d 707 [1980]). The exception to the mootness doctrine is not applicable here (see Wisholek v Douglas, 97 NY2d 740, 742 [2002]). * * * * * * * * * * * * * * * * * Appeal dismissed, without costs, as moot, in a memorandum. Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Decided December 15, 2015

- 2 -