Capital Dist. Greens v. City of Albany

• Decision Date: 15 July 1993
• Citation: 195 A.D.2d 767,600 N.Y.S.2d 518
• Parties: In the Matter of CAPITAL DISTRICT GREENS et al., Appellants, v. CITY OF ALBANY et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 518

600 N.Y.S.2d 518

195 A.D.2d 767

In the Matter of CAPITAL DISTRICT GREENS et al., Appellants, v. CITY OF ALBANY et al., Respondents.

Supreme Court, Appellate Division, Third Department.

July 15, 1993.

O'Connell and Aronowitz, P.C. (Cornelius D. Murray, of counsel), Albany, for appellants.

Vincent J. McArdle Jr. (Gary F. Stiglmeier, of counsel), Albany, for respondents.

Before WEISS, P.J., and MIKOLL, CREW, MAHONEY and CASEY, JJ.

CASEY, Justice.

Appeal from a judgment of the Supreme Court (Bradley, J.), entered April 20, 1992 in Albany County, which dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to review respondents' determination denying petitioners a permit to conduct their 1992 Earth Day Festival.

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, 431 N.Y.S.2d 400, 409 N.E.2d 876; see also, Matter of Gold-Greenberger v. Human Resources Admin. of City of N.Y., 77 N.Y.2d 973, 571 N.Y.S.2d 897, 575 N.E.2d 383). Nor does this case meet the criteria for an exception to the mootness doctrine set forth in Matter of Hearst Corp. v. Clyne, supra, 50 N.Y.2d at 714-715, 431 N.Y.S.2d 400, 409 N.E.2d 876. 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. of City of N.Y., supra; Matter of Roadway Express v. Commissioner of N.Y. State Dept. of Labor, 66 N.Y.2d 742, 497 N.Y.S.2d 358, 488 N.E.2d 104).

ORDERED that the appeal is dismissed, as moot, without costs.

WEISS, P.J., and MIKOLL, CREW and MAHONEY, JJ., concur.