Legal Opinion

Duarte v. City of New York

New York Court of Appeals

Decided March 21, 2013PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed, without costs, as moot.

Respondent City of New York has asked us to review whether it was error for the Appellate Division to conclude that it was arbitrary and capricious for the New York City Department of Correction to deny petitioner’s application to enter the nursery program at the Rose M. Singer Center at Rikers Island. We agree with petitioner that this proceeding is moot because her child is now of an age that renders him ineligible for participation in the nursery program pursuant to Correction Law § 611. Moreover, in…

2Cases cited1 opinion

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980

3Cited by3 opinions

  1. Matter of Medical Professionals for Informed Consent, Individually & On Behalf of Its Members, Kristen Robillard, M.D., Zarina Hernandez-schipplick, M.D., Margaret Florini, A.S.C.P., Olyesya Girich, Rt (r), & Elizabeth Storelli, R.N., Individually & On Behalf of Others Similarly Situated v. BassettAppellate Division of the Supreme Court of the State of New York · 2023
  2. Matter of Sportsmen's Tavern LLC v. New York State Liq. Auth.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Losurdo v. New York State Department of Corrections & Comunity SupervisionNew York Supreme Court · 2015

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