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16 Feb 2024, 7:00 am by Guest Blogger
Bell as well as the anti-miscegenation statute at issue in Loving v. [read post]
10 Jun 2022, 9:32 pm by Public Employment Law Press
Finally, " 'in order to prevent [the amended] judgment which is unreviewable for mootness from spawning any legal consequences or precedent,' " we vacate the amended judgment (Matter of Thrall v CNY Centro, Inc., 89 AD3d 1449, 1451 [4th Dept 2011], lv dismissed 19 NY3d 898 [2012], quoting Matter of Hearst Corp. v Clyne, 50 NY2d 707, 718 [1980]; see Funderburke v New York State Dept. of Civ. [read post]
10 Jun 2022, 9:32 pm by Public Employment Law Press
Finally, " 'in order to prevent [the amended] judgment which is unreviewable for mootness from spawning any legal consequences or precedent,' " we vacate the amended judgment (Matter of Thrall v CNY Centro, Inc., 89 AD3d 1449, 1451 [4th Dept 2011], lv dismissed 19 NY3d 898 [2012], quoting Matter of Hearst Corp. v Clyne, 50 NY2d 707, 718 [1980]; see Funderburke v New York State Dept. of Civ. [read post]
16 Oct 2020, 7:30 am by Public Employment Law Press
"The court explained that it is "a fundamental principle of our jurisprudence that the power of a court to declare the law only arises out of, and is limited to, determining the rights of persons which are actually controverted in a particular case pending before the tribunal," referencing Matter of Hearst Corp. v Clyne, 50 NY2d 707, at page 713.Opining that "[u]nder the circumstances here, Supreme Court properly dismissed the petition as moot," the… [read post]
16 Oct 2020, 7:30 am by Public Employment Law Press
"The court explained that it is "a fundamental principle of our jurisprudence that the power of a court to declare the law only arises out of, and is limited to, determining the rights of persons which are actually controverted in a particular case pending before the tribunal," referencing Matter of Hearst Corp. v Clyne, 50 NY2d 707, at page 713.Opining that "[u]nder the circumstances here, Supreme Court properly dismissed the petition as moot," the… [read post]
11 Feb 2020, 6:00 am by Public Employment Law Press
" Citing Hearst Corp. v Clyne, 50 NY2d 707, the Appellate Division vacated this portion of the arbitrator's award explaining that it "is well established that an appeal will be considered moot unless the rights of the parties will be directly affected by the determination of the appeal and the interest of the parties is an immediate consequence of the judgment. [read post]
21 May 2019, 4:00 am by Public Employment Law Press
"** Claims of exception to the mootness doctrine typically require the court to consider three issues: [a] is the question presented of a substantial public nature; [b] is there is a need for an authoritative determination for the future guidance of public officers; and [3] is there a likelihood of future recurrence of the question [see Hearst Corp. v Clyne, 50 NY2d 707].The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_03858.htm [read post]
21 May 2019, 4:00 am by Public Employment Law Press
"** Claims of exception to the mootness doctrine typically require the court to consider three issues: [a] is the question presented of a substantial public nature; [b] is there is a need for an authoritative determination for the future guidance of public officers; and [3] is there a likelihood of future recurrence of the question [see Hearst Corp. v Clyne, 50 NY2d 707].The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_03858.htm [read post]
14 Oct 2014, 5:24 pm by Stephen Bilkis
As noted in People v Paul, whether a foundation for the experience and training is set forth or not, it seems that, as a matter of fundamental fairness, defendant should not have to proceed to trial in a narcotics case unless and until a laboratory report has been filed by the People. [read post]
7 Oct 2014, 5:19 pm by Stephen Bilkis
" In Hamdi v Rumsfeld, the United States Supreme Court acknowledged that there is a tension "between the autonomy that the Government asserts is necessary in order to pursue effectively a particular goal and the process that a citizen contends he is due before he is deprived of a constitutional right as held in Mathews v Eldridge. [read post]
3 Oct 2014, 5:14 pm by Stephen Bilkis
" Where these three factors are present, this issue should be addressed by a criminal court as an exception to the mootness doctrine as held in People v Brown, People v Mejia, Matter of Crystal AA and Wagner v Infante. [read post]
23 Sep 2014, 1:27 pm by Stephen Bilkis
An issue is moot when it may not properly be decided by this court unless it is found to be within the exception to the doctrine which permits the courts to preserve for review important and recurring issues which, by virtue of their relatively brief existence, would be rendered otherwise nonreviewable as held in Matter of Hearst Corp. v Clyne and Roe v Wade. [read post]
22 Jun 2014, 5:30 am by Barry Sookman
 Jack http://t.co/xWoUgqeZi5 -> Google ordered by BC court to block websites selling pirated goods: Equustek Solutions Inc. v. [read post]
10 Jan 2012, 4:04 pm by INFORRM
Of the 10 cases in which the claimant succeeded in 2011, there were 4 against Mr Kordowksi, and 3 assessments of damages in the absence of the defendant (Al-Amoudi v Kifle and Cooper v Turrell) or where the defendant was in person (Clynes v O’Connor). [read post]