Berkeley Associates Co. v. McQuillan

Appellate Division of the Supreme Court of New York

Berkeley Associates Co. v. McQuillan

99 A.D.2d 708, 471 N.Y.S.2d 540, 1984 N.Y. App. Div. LEXIS 17057

Appellate Division of the Supreme Court of the State of New York·Decided February 14, 1984·Published

Opinion

Upon remittitur from the Court of Appeals the proceeding brought pursuant to CPLR article 78 for a writ in the nature of mandamus is dismissed, without costs, for mootness, pursuant to the order of remittitur of the Court of Appeals entered December 15,1983 (61 NY2d 639), reversing the judgment of this court entered February 10,1983 (92 AD2d 483), which had previously dismissed the petition. Notwithstanding the prior termination of this proceeding by this court, we now dismiss the proceeding for mootness pursuant to the mandate of the Court of Appeals. Concur — Kupferman, J. P., Sandler, Asch, Lynch and Milonas, JJ.

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Upon remittitur from the Court of Appeals the proceeding brought pursuant to CPLR article 78 for a writ in the nature of mandamus is dismissed, without costs, for mootness, pursuant to the order of remittitur of the Court of Appeals entered December 15,1983 (61 NY2d 639), reversing the judgment of this court entered February 10,1983 (92 AD2d 483), which had previously dismissed the petition. Notwithstanding the prior termination of this proceeding by this court, we now dismiss the proceeding for mootness pursuant to the mandate of the Court of Appeals. Concur — Kupferman, J. P., Sandler, Asch, Lynch and Milonas, JJ.

Berkeley Associates Co. v. McQuillan, 99 A.D.2d 708, 471 N.Y.S.2d 540, 1984 N.Y. App. Div. LEXIS 17057 (N.Y. Ct. App. 1984).

Pincite

99 A.D.2d 708 (Berkeley Associates Co. v. McQuillan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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