Summary
The Appellate Division, Second Department dismissed an appeal and dismissed as academic a CPLR article 78 proceeding challenging a determination of the New York State Office of Court Administration. The proceeding became academic because a revised determination superseded the challenged determination, and the respondent was awarded one bill of costs.
Court
Supreme Court of the State of New York, Appellate Division, Second Department
Jurisdiction
Supreme Court of the State of New York, Appellate Division, Second Department
Decision date
April 8, 2026
Docket number
2023-01205
Disposition
dismissed
Questions Presented
- Whether the appeal from the Supreme Court's transfer order should be dismissed under CPLR 5701(b) and 7804(g).
- Whether the CPLR article 78 proceeding should be dismissed as academic after the challenged agency determination was superseded by a revised determination.
Holdings
- The appeal was dismissed pursuant to CPLR 5701(b) and 7804(g).
- The proceeding was dismissed as academic because the revised determination dated March 15, 2023 superseded the determination challenged in the proceeding.
Court Document
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