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Matter of Cap. Dist. Greens v. City of Albany

Appellate Division of the Supreme Court of New York, Third Department
Jul 15, 1993
195 A.D.2d 767 (N.Y. App. Div. 1993)

Opinion

July 15, 1993

Appeal from the Supreme Court, Albany County (Bradley, J.).


In this proceeding petitioners seek to annul respondents' determination which denied petitioners' request for a permit to conduct their 1992 Earth Day Festival in Washington Park in the City of Albany on April 26, 1992. Inasmuch as the rights of the parties concerning the permit application can no longer be directly affected by the determination of this appeal, the matter is moot (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714; see also, Matter of Gold-Greenberger v. Human Resources Admin., 77 N.Y.2d 973). Nor does this case meet the criteria for an exception to the mootness doctrine set forth in Matter of Hearst Corp. v. Clyne (supra, at 714-715). Although there is a possibility of repetition and petitioners' challenge to the validity of the City ordinance provision raises a significant question not previously passed on, there is nothing in the record to suggest that this case involves a phenomenon typically evading review (see, Matter of Gold-Greenberger v. Human Resources Admin., supra; Matter of Roadway Express v. Commissioner of N Y State Dept. of Labor, 66 N.Y.2d 742).

Weiss, P.J., Mikoll, Crew III and Mahoney, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Matter of Cap. Dist. Greens v. City of Albany

Appellate Division of the Supreme Court of New York, Third Department
Jul 15, 1993
195 A.D.2d 767 (N.Y. App. Div. 1993)
Case details for

Matter of Cap. Dist. Greens v. City of Albany

Case Details

Full title:In the Matter of CAPITAL DISTRICT GREENS et al., Appellants, v. CITY OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 15, 1993

Citations

195 A.D.2d 767 (N.Y. App. Div. 1993)
600 N.Y.S.2d 518

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