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MATTER OF AUDREY BERNARD v. LEON SCHARF

93 N.Y.2d 842 (1999)

711 N.E.2d 187

689 N.Y.S.2d 1

In the Matter of AUDREY BERNARD et al., Appellants, and ARLENE RIVERA et al., Respondents, v. LEON SCHARF et al., Respondents. HAL M. HIRSCH, Chapter 11 Trustee.

Court of Appeals of the State of New York.

Decided February 23, 1999.

Attorney(s) appearing for the Case

Kellner, Chehebar & Deveney, New York City (Douglas A. Kellner, John Patrick Deveney and Denise A. Cors of counsel), for appellants.

Rosenberg & Estis, P.C., New York City (Jeffrey Turkel, Gary M. Rosenberg and Lawrence M. Furtzaig of counsel), for Leon Scharf and another, respondents.

Michael D. Hess, Corporation Counsel of New York City (Ellen B. Fishman of counsel), for Department of Housing Preservation and Development of the City of New York, respondent.

Gainsburg & Hirsch, L. L. P., New York City (Allen G. Kadish of counsel), for Hal M. Hirsch, as bankruptcy trustee of the estate of 610 West 142 Owners Corp.

Respondents Arlene Rivera and others precluded.

Concur: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, and case remitted to Civil Court of the City of New York, New York County, with directions to dismiss the proceeding upon the ground of mootness (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 718; Matter of Adirondack League Club v Board of Black Riv. Regulating...

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