Summary
The Appellate Division, First Department dismissed as moot appeals from a judgment dismissing the complaint and an order denying preliminary injunctive relief. The court held that the plaintiffs' administrative remedies were exhausted after the Board of Standards and Appeals issued a final decision, and that no action remained pending to support review of the injunction denial.
Court
Supreme Court of the State of New York, Appellate Division, First Department
Jurisdiction
New York
Decision date
November 7, 2019
Docket number
154205/19; M-7735; 10383A & 10383
Disposition
dismissed
Questions Presented
- Whether the appeal from dismissal of the complaint became moot after the Board of Standards and Appeals issued a final decision and plaintiffs' administrative remedies were exhausted.
- Whether the appeal from denial of preliminary injunctive relief remained justiciable after no action was pending.
Holdings
- The appeal from dismissal of the complaint was moot because the Board of Standards and Appeals had issued a final decision, thereby exhausting the administrative remedies.
- The appeal from the order denying preliminary injunctive relief was moot because no action was presently pending.
Court Document
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