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BOARD OF MANAGERS OF THE COVE CLUB CONDOMINIUM, plfres, v. LAWRENCE M. JACOBSON defap

10273N. BOARD OF MANAGERS OF THE COVE CLUB CONDOMINIUM, plfres, v. LAWRENCE M. JACOBSON defap Julie Hyman, P.C., Bronx (Julie Hyman of counsel), for ap — Belkin Burden Wenig & Goldman, LLP, New York (Alexa Englander of counsel), for res — Appeal from order, Supreme Court, New York County (Louis B. York, J.), entered January 29, 2013, which, to the extent appealed from, denied defendants' motion for summary judgment dismissing the complaint or, alternatively, for a stay of the proceedings pending an investigation by the New York State Division of Human Rights, unanimously dismissed, without costs, as moot.

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10273N. BOARD OF MANAGERS OF THE COVE CLUB CONDOMINIUM, plfres, v. LAWRENCE M. JACOBSON defap Julie Hyman, P.C., Bronx (Julie Hyman of counsel), for ap — Belkin Burden Wenig & Goldman, LLP, New York (Alexa Englander of counsel), for res — Appeal from order, Supreme Court, New York County (Louis B. York, J.), entered January 29, 2013, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the complaint or, alternatively, for a stay of the proceedings pending an investigation by the New York State Division of Human Rights, unanimously dismissed, without costs, as moot.

The issue in this case, i.e., whether plaintiff can lawfully evict defendants’ dog from its premises, is no longer a live controversy, since the dog died during the pendency of this appeal (see Matter of Klasson, 290 AD2d 223 [1st Dept 2002]; Matter of Johnson v. Pataki, 91 NY2d 214, 222 [1997]).

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