Matter of Bouck v. New York State Office of Temporary and Disability Assistance

Appellate Division of the Supreme Court of New York

Matter of Bouck v. New York State Office of Temporary and Disability Assistance

134 A.D.3d 1316, 20 N.Y.S.3d 917

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

DecidedDecember 17, 2015

Docket519993

StatusPublished

Cited by3 cases

This text of 134 A.D.3d 1316 (Matter of Bouck v. New York State Office of Temporary and Disability Assistance) 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.

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Matter of Bouck v. New York State Office of Temporary and Disability Assistance, 134 A.D.3d 1316, 20 N.Y.S.3d 917 (N.Y. Ct. App. 2015).

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Opinion

Clark, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Schenectady County) to review a determination of respondent denying petitioner’s request for emergency financial assistance.

Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent that denied her application for emergency financial assistance for rent arrears in order *1317 to avoid eviction. Documents in connection with this proceeding reflect that petitioner has relocated to another residence. As such, the proceeding is moot (see Matter of Higginbotham v New York State Off. of Temporary & Disability Assistance, 288 AD2d 70, 70 [2001]), and we do not find that the exception to the mootness doctrine applies to the circumstances herein (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]). Accordingly, the proceeding must be dismissed.

Lahtinen, J.P., Garry and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Clark, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Schenectady County) to review a determination of respondent denying petitioner’s request for emergency financial assistance.

Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent that denied her application for emergency financial assistance for rent arrears in order *1317 to avoid eviction. Documents in connection with this proceeding reflect that petitioner has relocated to another residence. As such, the proceeding is moot (see Matter of Higginbotham v New York State Off. of Temporary & Disability Assistance, 288 AD2d 70, 70 [2001]), and we do not find that the exception to the mootness doctrine applies to the circumstances herein (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]). Accordingly, the proceeding must be dismissed.

Lahtinen, J.P., Garry and Egan Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

134 A.D.3d 1316, 20 N.Y.S.3d 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-bouck-v-new-york-state-office-of-temporary-and-disability-nyappdiv-2015.

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