Legal Opinion
Callwood v. Cabrera
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2008PublishedCited by 11 opinions
1Opinion of the Court
We reject petitioner’s claim that the court lacked “jurisdiction” to dismiss his petition sua sponte before respondent rendered a determination. Petitioner does not allege that he failed to properly serve respondent, and indeed respondent appeared in the proceeding (see CPLR 7804 [c]). Nevertheless, dismissal was appropriate because the landlord’s voluntary agreement to withdraw its objection to petitioner’s succession rights application rendered the petition moot and nonjusticiable, leaving the court without subject matter jurisdiction over the proceeding (see CPLR 3211 [a] [2]).
Also without…
2Cases cited3 opinions
- Village of Westbury v. Department of TransportationNew York Court of Appeals · 1989
- Weinstock v. HandlerAppellate Division of the Supreme Court of the State of New York · 1998
- Shuet Ying Gee v. NYS Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by11 opinions
- Wells Fargo Bank, N.A. v. RooneyAppellate Division of the Supreme Court of the State of New York · 2015
- Summitbridge Credit Investments, LLC v. WallaceAppellate Division of the Supreme Court of the State of New York · 2015
- Gilbert v. PerineAppellate Division of the Supreme Court of the State of New York · 2008
- Girigorie v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2010
- Murphy v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2012
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