Bailey v. Village of Lyons Board of Trustees

Appellate Division of the Supreme Court of New York

Bailey v. Village of Lyons Board of Trustees

117 A.D.3d 1593, 984 N.Y.S.2d 921

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 9, 2014

StatusPublished

This text of 117 A.D.3d 1593 (Bailey v. Village of Lyons Board of Trustees) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. Village of Lyons Board of Trustees, 117 A.D.3d 1593, 984 N.Y.S.2d 921 (N.Y. Ct. App. 2014).

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Opinion

Appeal from a judgment (denominated decision) of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered August 27, 2013 in a CPLR article 78 proceeding and declaratory judgment action. The judgment, among other things, granted the petition-complaint in part by enjoining respondent-defendant to have a Board of Trustee’s approved dissolution plan in place by October 20, 2013, failing which the court would appoint a hearing officer to undertake that responsibility.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: We dismiss the appeal as moot because, once the dissolution plan at issue was adopted on September 30, 2013, no justiciable controversy remained upon which a declaratory judgment could be made or injunctive relief could be granted. “It is a fundamental principle of our jurisprudence that the power of a court to declare the law only arises out of, and is limited to, determining the rights of persons which are actually controverted in a particular case pending before the tribunal” (Matter of Hearst Corp. v Clyne, 50 NY2d 707, 713 [1980]). This case does not fall within the exception to the mootness doctrine (see id. at 714-715).

Present—Smith, J.E, Peradotto, Sconiers, Whalen and DeJoseph, JJ.

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Appeal from a judgment (denominated decision) of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered August 27, 2013 in a CPLR article 78 proceeding and declaratory judgment action. The judgment, among other things, granted the petition-complaint in part by enjoining respondent-defendant to have a Board of Trustee’s approved dissolution plan in place by October 20, 2013, failing which the court would appoint a hearing officer to undertake that responsibility.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: We dismiss the appeal as moot because, once the dissolution plan at issue was adopted on September 30, 2013, no justiciable controversy remained upon which a declaratory judgment could be made or injunctive relief could be granted. “It is a fundamental principle of our jurisprudence that the power of a court to declare the law only arises out of, and is limited to, determining the rights of persons which are actually controverted in a particular case pending before the tribunal” (Matter of Hearst Corp. v Clyne, 50 NY2d 707, 713 [1980]). This case does not fall within the exception to the mootness doctrine (see id. at 714-715).

Present—Smith, J.E, Peradotto, Sconiers, Whalen and DeJoseph, JJ.

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Bluebook (online)

117 A.D.3d 1593, 984 N.Y.S.2d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-village-of-lyons-board-of-trustees-nyappdiv-2014.

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