MATTER OF HUNTINGTON HEBREW CONGREGATION OF HUNTINGTON v. TANENBAUM


62 A.D.3d 704 (2009)

877 N.Y.S.2d 899

In the Matter of HUNTINGTON HEBREW CONGREGATION OF HUNTINGTON, Respondent, v. MELVYN TANENBAUM, Appellant, and SPLIT ROCK DEVELOPERS, INC., Respondent, et al., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 5, 2009.


Ordered that the appeal is dismissed as academic, without costs or disbursements.

Since the property which is the subject of this proceeding has been sold to a bona fide purchaser for value during the pendency of this appeal, and since the appellant failed to obtain a stay pursuant to CPLR 5519 to prevent the property from being sold, the relief sought by the appellant is no longer available and the rights of the parties will not be directly affected by the resolution...

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