Home/New York Court of Appeals/Matter of Roadway Express, Inc. v. Comm'r of the New York State Dep't of Labor

Matter of Roadway Express, Inc. v. Comm'r of the New York State Dep't of Labor

488 N.E.2d 104, 66 N.Y.2d 742, 497 N.Y.S.2d 358, 1985 N.Y. LEXIS 17640
CourtNew York Court of Appeals
DecidedOctober 24, 1985
StatusPublished
Cited by9 cases

This text of 488 N.E.2d 104 (Matter of Roadway Express, Inc. v. Comm'r of the New York State Dep't of Labor) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Roadway Express, Inc. v. Comm'r of the New York State Dep't of Labor, 488 N.E.2d 104, 66 N.Y.2d 742, 497 N.Y.S.2d 358, 1985 N.Y. LEXIS 17640 (N.Y. 1985).

Opinion

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

In this proceeding to quash a subpoena it is conceded that the records were surrendered in accordance with the subpoena when the Appellate Division refused to grant a stay pending the appeal to that court. There is no basis for this court to exercise its discretion to retain the appeal despite the mootness (cf. Matter of Barbara C., 64 NY2d 866) since there is no showing that the issue is the type likely to evade review. Indeed, a proceeding relating to the Commissioner’s subsequent efforts to enforce the statute at issue is still pending in the lower courts.

Chief Judge Wachtler and Judges Jasen, Meyer, Kaye, Alexander and Titone concur; Judge Simons taking no part.

Appeal dismissed, without costs, in a memorandum.

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Bluebook (online)
488 N.E.2d 104, 66 N.Y.2d 742, 497 N.Y.S.2d 358, 1985 N.Y. LEXIS 17640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-roadway-express-inc-v-commr-of-the-new-york-state-dept-of-ny-1985.