An appeal filed by Chief Administrative Judge of the Court [CAJ] challenging a CPLR Article 78 ruling by a State Supreme Court dismissed by the Appellate Division "for mootness".
The CAJ had challenged a Supreme Court's ruling that annulled so much of the CAJ's administrative decision which directed a former judge of the Surrogate's Court to surrender "all keys, access cards, and other means of entry to the courts and facilities of the New York State Unified Court System, as well as any computer or equipment provided thereby within her custody or control".
Dismissing the appeal as academic, the Appellate Division, citing Precious Care Mgt., LLC v Monsey Care, LLC, 221 AD3d 922 and Caffrey v North Arrow Abstract & Settlement Servs., Inc., 160 AD3d 121, noted that it took, with the consent of the parties, judicial notice of the former Surrogate Court judge's] resignation from office, "which was publicly available on the website of the Commission of Judicial Conduct."
In the words of the Appellate Division, "[A]n appeal is moot unless an adjudication of the merits will result in immediate and practical consequences to the parties". In view of the changed circumstances in this case, the Appellate Division said it found that the former judge's resignation from her position as a judge "has rendered [the CAJ's] appeal academic."
Further, opined the Appellate Division, an exception to the mootness doctrine does not apply to the facts in this case "as the bases for the administrative determination are specific to the facts of this case". The Appellate Division said it had determined that the issue was not one that is capable of repetition nor "was there evidence to support the [CAJ's] contention that the issue is one that will typically evade review in the future".
Click HERE to access the Appellate Division's decision posted on the Internet.