Appeal from an order of the County Court of Albany County (Doyle, J.), entered September 16, 2009, which, in a proceeding pursuant to RPTL article 11, denied respondent’s motion to vacate a writ of assistance.
The appeal must be dismissed as moot. The writ was fully executed in January 2009 and the property was sold at public auction in August 2009. Thus, the relief respondent seeks — vacating the order granting the writ — will not affect her rights as she has already vacated the premises and no longer has any claim to the property.
In any event, petitioner’s claims regarding defects in service, notice and jurisdiction are belied by the record and she was not entitled to an automatic stay based on her bankruptcy petition. Although the commencement of such a proceeding typically results in a stay of other proceedings against a tax debtor (see RPTL 1140 [1]; 11 USC § 362 [a]), where a debtor files a new bankruptcy petition within one year of the dismissal of a previous bankruptcy case, the automatic stay is limited to 30 days (see 11 USC § 362 [c] [3] [A]). Respondent previously filed a bankruptcy petition in October 2005 and that proceeding was not dismissed until September 5, 2008. Thus, at most, she would have been entitled to a 30-day stay following the November 28, 2008 filing of her second bankruptcy petition (see 11 USC § 362 [c] [3] [A]), and County Court did not issue its order granting the writ until January 5, 2009, well after the 30-day stay had expired. Further, an automatic stay of an act against property of the debtor’s estate only continues until such property is no longer property of the estate (see 11 USC § 362 [c] [1]) and, here,
Malone Jr., Kavanagh, McCarthy and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.
Respondent did not appeal from the foreclosure proceeding.
