With respect to the Civil Court's use of the word "moot" in denying the branch of tenant's motion seeking to punish landlord (and Jeremias) for contempt in violating the September 22, 2014 order, we note that that branch of the motion had not been rendered "moot" in the sense that there was no justiciable controversy to be determined. However, in the context of the particular facts and circumstances presented before it, the Civil Court was, in effect, exercising its discretion in finding that landlord (and Jeremias) should not be punished for contempt, a finding with which we are in agreement.

Accordingly, the order entered March 12, 2015, insofar as appealed from, is affirmed.

PESCE, P.J., WESTON and ELLIOT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: March 30, 2018