Williams v. Hansell

Appellate Division of the Supreme Court of New York

Williams v. Hansell

71 A.D.3d 438, 894 N.Y.S.2d 755

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

DecidedMarch 4, 2010

StatusPublished

This text of 71 A.D.3d 438 (Williams v. Hansell) 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

Williams v. Hansell, 71 A.D.3d 438, 894 N.Y.S.2d 755 (N.Y. Ct. App. 2010).

Pincite

Opinion

Order and judgment (one paper), Supreme Court, New York County (Paul G. Feinman, J.), entered on or about October 14, 2008, denying the petition to vacate a fair hearing determination that directed respondent Human Resources Administration to recompute the amount of its deduction of interim benefits from petitioner’s initial Supplemental Security Income payment, and dismissing the proceeding, unanimously affirmed, without costs.

Petitioner prevailed on the underlying dispute and thus lacks standing to appeal. Furthermore, the petition was rendered moot by petitioner’s receipt of a full refund of the contested benefits, and, regardless of whether petitioner raises “significant or important questions not previously passed on,” we are not persuaded that his claim is one that typically evades review so as to satisfy the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]; Nussenzweig v diCorcia, 38 AD3d 339, 340 [2007], affd 9 NY3d 184 [2007]; Matter of Gates v Hernandez, 26 AD3d 288 [2006]; Orange County Publs., Div. of Ottaway Newspapers, Inc. v Met[439]*439ropolitan Transp. Auth., 22 AD3d 290 [2005]). Concur — Andrias, J.P., Nardelli, Catterson, DeGrasse and Manzanet-Daniels, JJ. [Prior Case History: 2008 NY Slip Op 32803(U).]

Free access — add to your briefcase to read the full text and ask questions with AI

Order and judgment (one paper), Supreme Court, New York County (Paul G. Feinman, J.), entered on or about October 14, 2008, denying the petition to vacate a fair hearing determination that directed respondent Human Resources Administration to recompute the amount of its deduction of interim benefits from petitioner’s initial Supplemental Security Income payment, and dismissing the proceeding, unanimously affirmed, without costs.

Petitioner prevailed on the underlying dispute and thus lacks standing to appeal. Furthermore, the petition was rendered moot by petitioner’s receipt of a full refund of the contested benefits, and, regardless of whether petitioner raises “significant or important questions not previously passed on,” we are not persuaded that his claim is one that typically evades review so as to satisfy the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]; Nussenzweig v diCorcia, 38 AD3d 339, 340 [2007], affd 9 NY3d 184 [2007]; Matter of Gates v Hernandez, 26 AD3d 288 [2006]; Orange County Publs., Div. of Ottaway Newspapers, Inc. v Met[439]*439ropolitan Transp. Auth., 22 AD3d 290 [2005]). Concur — Andrias, J.P., Nardelli, Catterson, DeGrasse and Manzanet-Daniels, JJ. [Prior Case History: 2008 NY Slip Op 32803(U).]

Cite This Page — Counsel Stack

Bluebook (online)

71 A.D.3d 438, 894 N.Y.S.2d 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-hansell-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack