Building Contractors v. Greenberg

Appellate Division of the Supreme Court of New York

Building Contractors v. Greenberg

203 A.D.2d 661, 612 N.Y.S.2d 959, 1994 N.Y. App. Div. LEXIS 3833

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

DecidedApril 14, 1994

StatusPublished

This text of 203 A.D.2d 661 (Building Contractors v. Greenberg) 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

Building Contractors v. Greenberg, 203 A.D.2d 661, 612 N.Y.S.2d 959, 1994 N.Y. App. Div. LEXIS 3833 (N.Y. Ct. App. 1994).

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Opinion

Casey, J.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondents from proceeding with a Grand Jury investigation.

Inasmuch as the Grand Jury investigation at issue in this proceeding has already occurred and the Grand Jury concluded its investigation by finding that there was not sufficient evidence to establish that any crime had been committed, this proceeding to prohibit the Grand Jury investigation is moot and, in the absence of any exceptions to the mootness doctrine, the proceeding must be dismissed (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707).

Cardona, P. J., Crew III, Weiss and Peters, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Casey, J.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondents from proceeding with a Grand Jury investigation.

Inasmuch as the Grand Jury investigation at issue in this proceeding has already occurred and the Grand Jury concluded its investigation by finding that there was not sufficient evidence to establish that any crime had been committed, this proceeding to prohibit the Grand Jury investigation is moot and, in the absence of any exceptions to the mootness doctrine, the proceeding must be dismissed (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707).

Cardona, P. J., Crew III, Weiss and Peters, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

203 A.D.2d 661, 612 N.Y.S.2d 959, 1994 N.Y. App. Div. LEXIS 3833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/building-contractors-v-greenberg-nyappdiv-1994.

Opinion

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