Legal Opinion

McCoach v. Maine

Appellate Division of the Supreme Court of the State of New York

Decided February 26, 1998PublishedCited by 6 opinions

1Opinion of the CourtYesawich Jr., J.

Proceeding initiated in this Court pursuant to Public Officers Law § 36 to remove respondent from the office of Highway Superintendent of the Town of Brookfield.

Inasmuch as respondent no longer holds the office from which petitioner seeks to have him removed, this proceeding has become moot (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714; Matter of DeFalco v Doetsch, 208 AD2d 1047, 1048). Furthermore, we are not convinced that the issues presented are such as to warrant review despite their mootness (see, Matter of Hearst Corp. v Clyne, supra, at 714-715). Were we to address the merits…

2Cases cited7 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Deats v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1978
  3. Morin v. GallagherAppellate Division of the Supreme Court of the State of New York · 1995
  4. DeFalco v. DoetschAppellate Division of the Supreme Court of the State of New York · 1994
  5. Salvador v. NaylorAppellate Division of the Supreme Court of the State of New York · 1995

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3Cited by6 opinions

  1. Warren v. BieleckiAppellate Division of the Supreme Court of the State of New York · 2012
  2. Copp v. LankfordAppellate Division of the Supreme Court of the State of New York · 2001
  3. Kalodukas v. BerentsenAppellate Division of the Supreme Court of the State of New York · 2014
  4. Kalodukas v. BerentsenAppellate Division of the Supreme Court of the State of New York · 2014
  5. MatterofKalodukasvBerentsenAppellate Division of the Supreme Court of the State of New York · 2014

1 more not listed; retrieve them via the Exa API.

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