Legal Opinion
Santiago v. Berlin
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 2013PublishedCited by 5 opinions
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Joan B. Lobis, J.), entered May 16, 2012, which dismissed as moot the petition brought in a hybrid CPLR article 78/declaratory judgment proceeding, unanimously affirmed, without costs.
Supreme Court properly determined that when, during the pendency of this proceeding, respondent formally retracted the challenged recoupment notice and retroactively restored the portion of public assistance benefits withheld pursuant to that notice, these actions mooted the petition as to both the injunctive and declaratory relief sought (see e.g.…
2Cases cited3 opinions
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- Morel v. GiulianiDistrict Court, S.D. New York · 1995
- Duane Reade Inc. v. Local 338, Retail, Wholesale, Department Store UnionAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by5 opinions
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- Matter of Only Props. LLC v. New York City Dept. of Bldgs.Appellate Division of the Supreme Court of the State of New York · 2022
- Matter of Vignali v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Vignali v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023