Ann Marie R. v. Whelan

Appellate Division of the Supreme Court of New York

Ann Marie R. v. Whelan

43 A.D.3d 1376, 841 N.Y.S.2d 918

Appellate Division of the Supreme Court of the State of New York·Decided September 28, 2007·Published

Opinion

Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered February 28, 2006 in a proceeding pursuant to CELR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Fetitioner commenced this CELR article 78 proceeding challenging the determination prohibiting her from entering the grounds of respondent Starpoint Central School District for a period of three months.. This appeal is moot because the three-month period has expired, and this case does not fall within the exception to the mootness doctrine (see generally Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 811 [2003], cert denied 540 US 1017 [2003]; Matter ofHearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]; Matter of Schutt v Norwich Cent. School Dist., 130 AD2d 891 [1987]). Fresent—Scudder, P.J., Hurlbutt, Gorski, Centra and Green, JJ.

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Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered February 28, 2006 in a proceeding pursuant to CELR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Fetitioner commenced this CELR article 78 proceeding challenging the determination prohibiting her from entering the grounds of respondent Starpoint Central School District for a period of three months.. This appeal is moot because the three-month period has expired, and this case does not fall within the exception to the mootness doctrine (see generally Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 811 [2003], cert denied 540 US 1017 [2003]; Matter ofHearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]; Matter of Schutt v Norwich Cent. School Dist., 130 AD2d 891 [1987]). Fresent—Scudder, P.J., Hurlbutt, Gorski, Centra and Green, JJ.

Ann Marie R. v. Whelan, 43 A.D.3d 1376, 841 N.Y.S.2d 918 (N.Y. Ct. App. 2007).

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Opinion

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