Daub v. Board of Regents of University of State of N. Y.
| Decision Date | 26 January 1970 |
| Parties | In the Matter of Sidney DAUB et al., Petitioners, v. BOARD OF REGENTS OF the UNIVERSITY OF the STATE OF NEW YORK, Respondents. |
| Court | New York Supreme Court — Appellate Division |
Jacob W. Friedman, New York City, for petitioners.
Louis J. Lefkowitz, Atty. Gen., Calvin M. Berger, Albany, for respondents.
Before HERLIHY, P.J., and REYNOLDS, STALEY, COOKE and SWEENEY, JJ.
Proceeding under CPLR article 78 () to review and annul a determination of the Board of Regents which revoked the architect's registration of petitioner Sidney Daub and suspended that of petitioner Gerald Daub for six months. The orders of revocation and suspension were stayed pending determination by this Court.
Petitioners, father and son and licensed architects, each were charged with fraud, deceit or misconduct in the practice of architecture within the purview of subdivision 1(g) of section 7308 of the Education Law and with unprofessional conduct within subdivision 1(i) of said section and subdivisions 2 and 7 of section 87 of the Regulations of the Commissioner of Education (8 NYCRR 69.3(b), (g)). It was specified that each consulted in May and June of 1966 with Frank Dalia with respect to obtain a zoning regulation variance to permit him to obtain a coffee house license, that petitioners offered to secure the variance for $6,000, half of which petitioners stated was to be used to bribe members of the New York City Bureau of Standards and Appeals with whom they had been in contact and who had agreed to receive said funds to influence them regarding Dalia's application, and that said statements were knowingly fraudulent and false.
A reply brief indicates that Sidney Daub passed away five days after argument. Where a subsequently occurring event operates to destroy the finality of a determination or to make the question involved merely academic or abstract, it may be given consideration in deciding whether such determination shall be reviewed at all (Matter of Weeks, 97 App.Div. 131, 89 N.Y.S. 826; 24 Carmody-Wait 2d, § 145:348). Because of said petitioner's death, if we annul the determination, there is no one to whom his license can be restored. Similarly, if we confirm, there is no one whose license can be revoked. Thus, the proceeding is...
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