City of New York v. Carrion

Appellate Division of the Supreme Court of New York

City of New York v. Carrion

101 A.D.3d 1521, 957 N.Y.2d 493

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

DecidedDecember 27, 2012

StatusPublished

Cited by2 cases

This text of 101 A.D.3d 1521 (City of New York v. Carrion) 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

City of New York v. Carrion, 101 A.D.3d 1521, 957 N.Y.2d 493 (N.Y. Ct. App. 2012).

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Opinion

Malone Jr., J.

[1522]*1522After OCFS published interim 2010 chargeback rates, petitioner — which comprises one social services district — commenced this CPLR article 78 proceeding contending that the interim rates are affected by an error of law, arbitrary and capricious and an abuse of discretion because the rates allegedly include costs not authorized by statute, and because the methodology of calculation and the underlying data have not been disclosed. Supreme Court granted respondents’ pre-answer motion to dismiss the petition on the ground that the claim is not ripe, and petitioner appeals.

At oral argument on this matter, petitioner conceded that OCFS has now definitively determined the final chargeback rates for 2010. Accordingly, this appeal is moot (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; Matter of Kaye v Whalen, 56 AD2d 111, 115 [1977], affd 44 NY2d 754 [1978]), and does not fall within the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d at 714-715).

Mercure, J.P., Lahtinen, Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Malone Jr., J.

[1522]*1522After OCFS published interim 2010 chargeback rates, petitioner — which comprises one social services district — commenced this CPLR article 78 proceeding contending that the interim rates are affected by an error of law, arbitrary and capricious and an abuse of discretion because the rates allegedly include costs not authorized by statute, and because the methodology of calculation and the underlying data have not been disclosed. Supreme Court granted respondents’ pre-answer motion to dismiss the petition on the ground that the claim is not ripe, and petitioner appeals.

At oral argument on this matter, petitioner conceded that OCFS has now definitively determined the final chargeback rates for 2010. Accordingly, this appeal is moot (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; Matter of Kaye v Whalen, 56 AD2d 111, 115 [1977], affd 44 NY2d 754 [1978]), and does not fall within the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d at 714-715).

Mercure, J.P., Lahtinen, Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

101 A.D.3d 1521, 957 N.Y.2d 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-carrion-nyappdiv-2012.

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