Roadway Exp., Inc. v. Commissioner of New York State Dept. of Labor
| Decision Date | 24 October 1985 |
| Citation | 66 N.Y.2d 742,488 N.E.2d 104,497 N.Y.S.2d 358 |
| Parties | , 488 N.E.2d 104 In the Matter of ROADWAY EXPRESS, INC., Appellant, v. COMMISSIONER OF the NEW YORK STATE DEPARTMENT OF LABOR, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The appeal should be dismissed.
In this proceeding to quash a subpoena it is conceded that the records were surrendered in accordance with the subpoena when the Appellate Division, 106 A.D.2d 358, 486 N.Y.S.2d 692, refused to grant a stay pending the appeal to that court. There is no basis for this court to exercise its discretion to retain the appeal despite the mootness (cf. Matter of Barbara C., 64 N.Y.2d 866, 487 N.Y.S.2d 549, 476 N.E.2d 994) since there is no showing that the issue is the type likely to evade review. Indeed, a proceeding relating to the Commissioner's subsequent efforts to enforce the statute at issue is still pending in the lower courts.
SIMONS, J., taking no part.
Appeal dismissed, without costs, in a memorandum.
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