Matter of Allain M. v. Margulis

Appellate Division of the Supreme Court of New York

Matter of Allain M. v. Margulis

2017 NY Slip Op 3515, 150 A.D.3d 738, 51 N.Y.S.3d 421

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

DecidedMay 3, 2017

Docket2016-08656

StatusPublished

This text of 2017 NY Slip Op 3515 (Matter of Allain M. v. Margulis) 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

Matter of Allain M. v. Margulis, 2017 NY Slip Op 3515, 150 A.D.3d 738, 51 N.Y.S.3d 421 (N.Y. Ct. App. 2017).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from enforcing a provision of an order of the Supreme Court, Queens County, and in the nature of mandamus to compel Ira H. Margulis, a Justice of the Supreme Court, Queens County, to issue an amended order.

Adjugded that the proceeding is dismissed as academic, without costs or disbursements.

This proceeding has been rendered academic in light of a subsequent order of the Supreme Court, Queens County, which vacated the order that is the subject of this proceeding. This case does not present an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 716-717 [1980]). Accordingly, the proceeding must be dismissed.

Mastro, J.P., Leventhal, Barros and Brathwaite Nelson, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from enforcing a provision of an order of the Supreme Court, Queens County, and in the nature of mandamus to compel Ira H. Margulis, a Justice of the Supreme Court, Queens County, to issue an amended order.

Adjugded that the proceeding is dismissed as academic, without costs or disbursements.

This proceeding has been rendered academic in light of a subsequent order of the Supreme Court, Queens County, which vacated the order that is the subject of this proceeding. This case does not present an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 716-717 [1980]). Accordingly, the proceeding must be dismissed.

Mastro, J.P., Leventhal, Barros and Brathwaite Nelson, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 3515, 150 A.D.3d 738, 51 N.Y.S.3d 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-allain-m-v-margulis-nyappdiv-2017.

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