Weiner v. State

Appellate Division of the Supreme Court of New York

Weiner v. State

89 A.D.3d 953, 932 N.Y.2d 725

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 2011·Published·Cited by 3 cases

Opinion

As the temporary order of protection at issue in this case has been vacated, any determination by this Court will not directly affect the rights of the parties (see Festa v Festa, 76 AD3d 1047, [954]*9541047-1048 [2010]; Matter of Bucaro v Morales, 62 AD3d 994, 995 [2009]). Since the matter does not warrant the invocation of the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]), the appeal must be dismissed as academic (see Matter of Bucaro v Morales, 62 AD3d at 995). Rivera, J.E, Dickerson, Eng and Roman, JJ., concur.

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As the temporary order of protection at issue in this case has been vacated, any determination by this Court will not directly affect the rights of the parties (see Festa v Festa, 76 AD3d 1047, [954]*9541047-1048 [2010]; Matter of Bucaro v Morales, 62 AD3d 994, 995 [2009]). Since the matter does not warrant the invocation of the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]), the appeal must be dismissed as academic (see Matter of Bucaro v Morales, 62 AD3d at 995). Rivera, J.E, Dickerson, Eng and Roman, JJ., concur.

Weiner v. State, 89 A.D.3d 953, 932 N.Y.2d 725 (N.Y. Ct. App. 2011).

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Opinion

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