Majority
p. 1068[44 NE3d 221, 23 NYS3d 146] In the Matter of RAM I LLC, Appellant, v New York State Division of Housing and Community Renewal, Respondent, et al., Respondent. Argued November 18, 2015; decided December 15, 2015
APPEARANCES OF COUNSEL
Graubard Miller, New York City (Lawrence D. Bernfeld, Peter A. Schwartz and Neil P. Ritter of counsel), for appellant.
p. 1069
Gary R. Connor, General Counsel, New York State Division of Housing and Community Renewal, New York City (Martin B. Schneider of counsel), for New York State Division of Housing and Community Renewal, respondent.
Belkin Burden Wenig & Goldman, LLP, New York City (Robert A. Jacobs, Sherwin Belkin and Magda L. Cruz of counsel), for Small Property Owners of New York, Inc., and others, amici curiae.
OPINION OF THE COURT
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 for Locals 17, 135, 257 & 608 of United Bhd. of Carpenters & Joiners of Am., AFL-CIO, 72 NY2d 307 , 311 [1988]; Matter of Hearst 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]).
Chief Judge Lippman and Judges Pigott, Rivera, AbdusSalaam, Stein and Fahey concur.
Appeal dismissed, without costs, as moot, in a memorandum.
Cases cited
- In re Grand Jury Subpoenas for Local 17, 135, 257 & 608 of United Brotherhood of Carpenters & Joiners of America 72 NY2d 307 at 311 p. 1069
- Hearst Corp. v. Clyne 50 NY2d 707 p. 1069
- Wisholek v. Douglas 97 NY2d 740 at 742 p. 1069