Lummayos v. Banks

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX KAMOLPORN LUMMAYOS, as Parent and Guardian of : R.L. et al, : Plaintiffs, : 23 Civ. 5802 (JPC) -v- : ORDER DAVID C. BANKS, in His Official Capacity as : Chancellor of the New York Department of Education et: al., : Defendants. :

KX JOHN P. CRONAN, United States District Judge: In light of the parties’ agreement that all remaining claims in this action are moot, Dkt. 35, the Court dismisses this case without prejudice for lack of subject matter jurisdiction. See Hernandez v. Conriv Realty Assocs., 182 F.3d 121, 123 (2d Cir. 1999) (“Article III deprives federal courts of the power to dismiss a case with prejudice where federal subject matter jurisdiction does not exist.”). The Clerk of Court is respectfully directed to close this case. SO ORDERED. Wa Date: November 24, 2023 a e 7B New York, New York JOHN P. CRONAN United States District Judge