Matter of Pharaohs GC, Inc. v. New York State Liquor Authority

Summary

The New York Appellate Division, Fourth Department dismissed as moot an appeal concerning COVID-19 pandemic-related guidance issued by the New York State Liquor Authority, including a prohibition on exotic dancing at licensed bars and restaurants. Because the guidance was no longer in effect and the issue was not likely to recur or evade review, the court vacated the lower court's judgment to prevent it from having legal or precedential consequences.

Holdings

1. The appeal was moot because the challenged guidance was no longer in effect and the parties correctly conceded mootness.
2. The exception to the mootness doctrine did not apply because the issue was not likely to recur and was not of a type that typically evades review.
3. The judgment was vacated so that an unreviewable judgment would not create legal consequences or precedent.

Questions Presented

1. Whether the appeal was moot because the challenged COVID-19 pandemic-related guidance was no longer in effect.
2. Whether the exception to the mootness doctrine applied because the issue was likely to recur or typically evaded review.
3. Whether the judgment should be vacated to prevent an unreviewable judgment from creating legal consequences or precedent.

Disposition

dismissed