Opinion
1016 CA 14-00102.
10-03-2014
LENAPE RESOURCES, INC., Petitioner–Plaintiff–Appellant, v. TOWN OF AVON, Town of Avon Town Board and New York State Department of Environmental Conservation, Respondents–Defendants–Respondents.
Hodgson Russ LLP, Buffalo (Daniel A. Spitzer of Counsel), for Petitioner–Plaintiff–Appellant. Webster Szanyi LLP, Buffalo (Jeremy A. Colby of Counsel), for Respondents–Defendants–Respondents Town of Avon and Town of Avon Town Board.
Hodgson Russ LLP, Buffalo (Daniel A. Spitzer of Counsel), for Petitioner–Plaintiff–Appellant.
Webster Szanyi LLP, Buffalo (Jeremy A. Colby of Counsel), for Respondents–Defendants–Respondents Town of Avon and Town of Avon Town Board.
PRESENT: CENTRA, J.P., FAHEY, WHALEN, AND DeJOSEPH, JJ.
Opinion
MEMORANDUM:
In this combined CPLR article 78 proceeding/declaratory judgment action, petitioner-plaintiff (petitioner) challenged Town of Avon Local Law No. T–A–5–2012, insofar as it imposed a one-year moratorium on certain natural gas and petroleum extraction, exploration, and production activities within the Town of Avon. Inasmuch as the moratorium has expired pursuant to the terms of the local law, the appeal is moot and must be dismissed (see Matter of New York Inst. of Tech. v. Colombo, 138 A.D.2d 489, 489–490, 526 N.Y.S.2d 29 ). We reject petitioner's contention that the issues raised on appeal fall within the exception to the mootness doctrine (see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 ). The substantive issues raised by petitioner were decided by the Court of Appeals in Matter of Wallach v. Town of Dryden, 23 N.Y.3d 728, 992 N.Y.S.2d 710, 16 N.E.3d 1188, and thus this appeal does not raise “significant or important questions not previously passed on, i.e., substantial and novel issues,” that would qualify as exceptions to the mootness doctrine (Hearst Corp., 50 N.Y.2d at 715, 431 N.Y.S.2d 400, 409 N.E.2d 876 ; see People ex rel. Lynch v. Poole, 57 A.D.3d 1490, 1491, 869 N.Y.S.2d 833 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.